[Code of Federal Regulations] [Title 7, Volume 15] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR4279.43] [Page 564-567] TITLE 7--AGRICULTURE CHAPTER XLII--RURAL BUSINESS-COOPERATIVE SERVICE AND RURAL UTILITIES SERVICE, DEPARTMENT OF AGRICULTURE PART 4279_GUARANTEED LOANMAKING--Table of Contents Subpart A_General Sec. 4279.43 Certified Lender Program. (a) General. This section provides policies and procedures for the Certified Lender Program (CLP) for loans guaranteed under this part. The objectives are to expedite loan approval, making, and servicing. (b) CLP eligibility criteria. The lender must meet established eligibility criteria as follows: (1) Be an ``eligible lender'' as defined in 4279.29 of this subpart and authorized to do business in the State in which CLP status is desired. (2) Demonstrate to the Agency's satisfaction that it has a thorough knowledge of commercial lending. The lender will demonstrate such knowledge by providing a summary of its guaranteed [[Page 565]] and unguaranteed business lending activity. At a minimum, the summary must include the dollar amount and number of loans in the lender's portfolio, unguaranteed and guaranteed by any Federal agency, with information on delinquencies and losses and, if applicable, the performance of the lender as a Small Business Administration (SBA) certified or preferred lender. A certified lender must be recognized throughout the State as a commercial lender and have a track record of successfully making at least five commercial loans per year for at least the most recent 5 years, with delinquent commercial loans outstanding not exceeding 6 percent of commercial loans outstanding and historic losses not exceeding 6 percent of dollars loaned, or it must demonstrate that it has personnel with equivalent previous experience where the commercial loan portfolio was of a similar quantity and quality. The lender will provide a written certification to this effect along with a statistical analysis of its commercial loan portfolio for the last 3 of its fiscal years. (3) The percentage of guarantee will not exceed 80 percent. (4) If the lender is a bank or savings and loan, it must have a financial strength rating in the upper half of possible ratings as reported by a lender rating service selected by the Agency. (5) Possess loan officers and other appropriate personnel who have received training conducted by the Agency. Additional training may be required if the lender's contact person changes or if the Agency determines further instruction is needed. (6) Have committed no action within the most recent 2 years prior to requesting CLP status which would be considered cause for revoking CLP status under paragraph (e) of this section. (c) CLP approval. The Agency may grant CLP status for a period not to exceed 5 years by executing Form 4279-8, ``Certified Lender, Business and Industry Program,'' with the lender. CLP status will not apply to branches or suboffices of the lender unless so specified in the agreement. Such branches or suboffices may submit loans as regular lenders or apply for their own CLP status. Any lender who desires CLP status must prepare a written request to the State Director where it desires CLP status. The request must address each of the required criteria outlined in paragraph (b) of this section, except paragraph (b)(3), and should be accompanied by any other information the lender believes will be helpful. The request will also include Form 4279-8 completed and executed by the lender and an executed Lender's Agreement if it does not already have a valid Lender's Agreement on file with the Agency. Loans made by the lender and guaranteed by the Agency prior to the lender receiving CLP status shall continue to be governed by the forms and agreements executed between the lender and the Agency for those loans. (d) Renewal of CLP status. Renewal of CLP status is not automatic. CLP status will lapse upon the expiration date of Form 4279-8 unless the lender obtains a renewal. A lender whose CLP status has lapsed may continue to submit loan guarantee requests as a regular lender. A new Form 4279-8 completed and executed by the lender must be provided, along with a written update of the eligibility criteria required by this section for CLP approval. This information must be supplied at least 60 days prior to the expiration of the existing agreement to be assured of uninterrupted status. The information must address how the lender is complying with each of the required criteria described in paragraph (b) of this section. It must include any proposed changes in the designated persons for processing guaranteed loans or operating methods used in processing and servicing Agency guaranteed loans. (e) Revocation of CLP status. The lender's CLP status may be revoked at any time for cause. The debarment of a lender is an additional alternative the Agency may consider. A lender which has lost its CLP status, but has not been debarred and still meets the requirements of Sec. 4279.29 of this subpart may continue to submit loan guarantee requests as a regular lender. Cause for revoking CLP status includes: (1) Failure to maintain status as an eligible lender as set forth in Sec. 4279.29 of this subpart; (2) Knowingly submitting false information when requesting a guarantee or [[Page 566]] basing a guarantee request on information known to be false or which the lender should have known to be false; (3) Making a guaranteed loan with deficiencies which may cause losses not to be covered by the Loan Note Guarantee; (4) Conviction for acts in connection with any loan transaction whether or not the loan was guaranteed by the Agency; (5) Violation of usury laws in connection with any loan guaranteed by the Agency; (6) Failure to obtain the required security for any loan guaranteed by the Agency; (7) Using loan funds guaranteed by the Agency for purposes other than those specifically approved by the Agency in the Conditional Commitment; (8) Violation of any term of the Lender's Agreement; (9) Failure to correct any cited deficiency in loan documents in a timely manner; (10) Failure to submit reports required by the Agency in a timely manner; (11) Failure to process Agency guaranteed loans in a reasonably prudent manner; (12) Failure to provide for adequate construction planning and monitoring in connection with any loan to ensure that the project will be completed with the available funds and, once completed, will be suitable for the borrower's needs; (13) Repetitive recommendations for guaranteed loans with marginal or substandard credit quality or that do not comply with Agency requirements; (14) Repetitive recommendations for servicing actions that do not comply with Agency requirements; (15) Negligent servicing; or (16) Failure to conduct any approved liquidation of a loan guaranteed by the Agency or its predecessors in a timely and effective manner and in accordance with the approved liquidation plan. (f) General loan processing and servicing guidelines. All requests for guaranteed loans will be processed and serviced under subparts A and B of this part and subpart B of part 4287 of this chapter except as modified by this section. When determining whether or not to request a guarantee for a proposed loan, lenders must consider the priorities set forth in Sec. 279.155 of subpart B of this part. (1) Prior to processing an application, the CLP lender may give written notice to the State Director of its intention to submit an application. Upon receipt of such written notice, the Agency will notify the CLP lender whether or not there is sufficient guarantee authority for the loan. Such guarantee authority will be held for 30 days pending receipt of the application. If a complete application for which guarantee authority is being held is not received within 30 days of the notice of intent to file or is rejected, the guarantee authority for this application will no longer be held in reserve. Notwithstanding the preceding, no guarantee authority will be held in reserve the last 60 days of the Agency's fiscal year. (2) Refinancing of existing lender debt in accordance with Sec. 4279.113(q) of subpart B of this part will not be permitted without prior Agency approval. (3) CLP lenders will process all guaranteed loans as a ``complete application'' by obtaining and completing all items required by Sec. 4279.161(b) of subpart B of this part. The CLP lender must maintain all information required by Sec. 4279.161(b) in its loan file and determine that such material complies with all requirements. (4) CLP lenders will make all material relating to any guarantee application available to the Agency upon request. (5) At the time of the Agency's issuance of the Loan Note Guarantee, the CLP lender will provide the Agency with copies of the following documents: (i) Executed Loan Agreement; (ii) Executed Promissory Notes; and (iii) Executed security documents including personal and corporate guarantees. (g) Unique characteristics of the CLP. A proposed loan by a CLP lender requires a review by the Agency of the information submitted by the lender, plus satisfactory completion of the environmental review process by the Agency. The Agency may rely on the lender's credit analysis. [[Page 567]] (1) The following will constitute a complete application submitted by a CLP lender: (i) Form 4279-1, ``Application for Loan Guarantee (Business and Industry),'' (marked with the letters ``CLP'' at the top) completed in its entirety and executed by the borrower and CLP lender; (ii) Copy of the proposed Loan Agreement or a list of proposed requirements; (iii) Form FmHA 1940-20, completed and signed, with attachments; (iv) The lender's complete written analysis of the proposal, including spreadsheets of the balance sheets and income statements for the 3 previous years (for existing businesses), pro forma balance sheet at startup, and 2 years projected yearend balance sheets and income statements, with appropriate ratios and comparisons with industry standards (such as Dun & Bradstreet or Robert Morris Associates). All data must be shown in total dollars and also in common size form, obtained by expressing all balance sheet items as a percentage of assets and all income and expense items as a percentage of sales. The lender's credit analysis must include the borrower's management, repayment ability including a cash flow analysis, history of debt repayment, necessity of any debt refinancing, and the credit reports of the borrower, its principals, and any parent, affiliate, or subsidiary; (v) Intergovernmental consultation comments in accordance with 7 CFR part 3015, subpart V; and (vi) If the loan will exceed $1 million and will increase direct employment by more than 50 employees, Form 4279-2, ``Certification of Non-Relocation and Market Capacity Information Report,'' must be completed by the lender. For such loans, the Agency will submit Form 4279-2 to the Department of Labor and obtain clearance before a Conditional Commitment may be issued. (2) The Agency will make the final credit decision based primarily on a review of the credit analysis submitted by the lender and approval of the Agency's completed environmental analysis, if required, except that refinancing of existing lender debt in accordance with Sec. 4279.113(q) of subpart B of this part will not be approved without a credit analysis by the Agency of the borrower's complete financial statements; and completion by the Agency of the environmental analysis. The Agency may request such additional information as it determines is needed to make a decision. (h) Lender loan servicing responsibilities. CLP lenders will be fully responsible for all aspects of loan servicing and, if necessary, liquidation as described in subpart B of part 4287 of this chapter.