Section 5283 - Guarantee ProceduresUpon receipt of a completed application from a potential borrower applying for a guarantee, the corporation shall review and process the application in accordance with the following procedures:
(a) Before considering whether to approve a guarantee, the corporation shall provide the reviewing agencies a copy of the application. Upon completion of their review, each reviewing agency shall return to the corporation the application, together with their determination regarding approval of the application.(1) No later than 30 calendar days after receipt of an application, the reviewing agencies shall review the application and notify the applicant in writing whether the application is complete.(2) If any reviewing agency deems the application incomplete, the reviewing agency shall provide a written notice to the applicant and corporation and specify those parts of the application which are incomplete and shall indicate the manner in which they can be made complete, including a list and thorough description of the specific information needed to complete the application. The reviewing agency shall specify in the notice of deficiency a date for submitting the necessary information. The applicant shall submit to the reviewing agency materials necessary to make the application complete, as specified by the reviewing agency in the written notice of incompleteness. No later than 45 calendar days after receiving additional application materials, submitted in response to a notice of incompleteness, the reviewing agency shall notify the applicant in writing whether the application with the additional materials is complete.(3) The application shall not be deemed complete if a reviewing agency fails to make a written completeness determination within 45 calendar days. An application is deemed complete when the reviewing agency notifies the applicant in writing that the application is complete.(4) Nothing in this subsection shall preclude the applicant and any reviewing agency from mutually agreeing to an extension of any time limit specified in this subsection.(5) After the application is completed, a reviewing agency may request additional information from an applicant, but only when necessary to clarify, modify, or supplement previously submitted material. Requests for such additional information will not render an application incomplete.(6) If an applicant fails or refuses to correct deficiencies in the application, the application may be denied.(7) A reviewing agency may conduct a site visit in conjunction with the processing of an application.(b) No guarantee shall be executed by a corporation until the application has been approved by all reviewing agencies, and the proposed guarantee has been reviewed by the corporation's loan committee and approved by its board of directors, unless the corporation's board of directors has delegated the authority to approve a proposed guarantee to the corporation's loan committee. No guarantee shall be approved or executed by a corporation if the lender is the same entity as the corporation issuing the guarantee.(c) Upon completion of the review and approval by the corporation's loan committee and/or board of directors, the corporation shall issue a commitment to guarantee and an executed guarantee to the lender.(d) In the event that a guarantee is issued to a lender without first complying with the requirements of subsections (a) and (b), and the lender relies upon the guarantee in making the loan, the failure by the corporation to so comply shall not constitute a defense on the part of either the agency or the corporation to paying a demand for payment made pursuant to section 5285.(e) In any case where funds are disbursed to a lender pursuant to a demand and the corporation has failed to comply with subsections (a) and (b), the agency shall immediately exercise all available legal remedies to recover from the corporation the funds disbursed pursuant to the demand.Cal. Code Regs. Tit. 10, § 5283
1. New section filed 7-26-2006 as an emergency; operative 7-26-2006 (Register 2006, No. 30). This regulatory action is deemed an emergency, was filed directly with the Secretary of State, and shall remain in effect until revised or repealed by the Business, Transportation and Housing Agency pursuant to Public Resources Code section 42106. Note: Authority cited: Section 42106, Public Resources Code. Reference: Sections 42101, 42101.3, 42102.4 and 42103, Public Resources Code.
1. New section filed 7-26-2006 as an emergency; operative 7-26-2006 (Register 2006, No. 30). This regulatory action is deemed an emergency, was filed directly with the Secretary of State, and shall remain in effect until revised or repealed by the Business, Transportation and Housing Agency pursuant to Public Resources Code section 42106.