Cal. Code Regs. tit. 4 § 8054

Current through Register 2025 Notice Reg. No. 2, January 10, 2025

Section 8054 - Application Content

An Application shall include all of the following:

(a) The Applicant name, address, telephone number, federal tax identification number, type of business, Standard Industrial Classification Number as set forth in Standard Industrial Classification Manual, 1987, United States Office of Management and Budget, and the date the business was established.

(b) The Applicant owner(s), including the Applicant owner's spouse's name if such spouse is an owner, and guarantor name, if any, with the following information for each such owner and guarantor: business telephone number, home street address, employer's name and address, amount of time at current employment and position held. "Owner" for purposes of this section means any person holding a beneficial interest of ten percent (10%) or more of the stock issued by, or other ownership interest in, the Applicant.

(c) Information regarding the Project for which funding is being requested, including:

(1) A description of the Project including its useful economic life, the estimated construction period, components, costs and whether it is primarily intended to meet pending Pollution Requirements or to reduce Hazardous Material generally.

(2) The Project location.

(3) A copy of the Authorization, if available, and a copy of the application for the Authorization and any other materials submitted to an Agency in connection with the Authorization.

(d) Information the Applicant deems sufficient to demonstrate that the Applicant is able to provide adequate Security and to repay the Loan, including tax returns, history of any insolvency, status of any tax audits or lawsuits and the existence and solvency of any guarantors.

(e) The proposed Loan amount and term.

(f) The Applicant's financial statement for the most recent fiscal year and financial statements for the previous three (3) fiscal years.

(g) A financial certification form (Financial Statement Certification, 3/92 revision) signed by each person or entity furnishing any financial statement. The form consists of the following statement:

"The attached financial statement of the undersigned dated __________ is hereby furnished to you for the purpose of procuring and establishing credit from time to time with you and is to be regarded as a complete and truthful statement of the undersigned's financial condition on the date indicated.

"The undersigned authorizes you (1) to make inquiries about the content of the attached financial statement, including contacting credit reporting agencies and (2) to provide credit information about the obligations of the undersigned to credit reporting agencies or in response to other inquiries.

Signed: ______________________________ Date __________."

(h) The signature of Applicant owner(s) to the Application, with the following statement:

"I represent and declare that the information provided in this application is true and a correct statement of my current financial condition. Any existing or threatened litigation, claim or circumstance which might reasonably be expected to affect my condition in the future is fully described below or in an attached statement.

"I will immediately notify you in writing if there is a material change in my financial condition. The absence of such notification shall constitute a new and continuing affirmation of my financial condition as described, upon which you may continue to fully rely.

"I agree that present and future obligations to you are authorized to be made immediately due and payable, at your sole discretion, if (1) I, or any guarantor of any of my obligations, at any time discontinues business, becomes insolvent, enters into bankruptcy or dies, (2) a writ of attachment, garnishment, execution or other similar legal process is issued against my property, (3) any act for the collection of delinquent taxes is taken against me, (4) any representation to you by me or a guarantor of my obligations proves to be misleading or untrue, (5) I fail to notify you of any material change in my financial condition or there is a materially adverse change in my financial condition, including any change in Security, (6) I sell or transfer any interest in my current business, or (7) any other action or condition for which present or further obligations shall be authorized to be made immediately due and payable and that has been agreed to or not objected to by me, occurs or is met.

You are authorized to verify the information contained in this application with any third party.

I understand that my spouse, if any, is not required to be a borrower or a guarantor unless he or she also is an owner of the business.

I have reviewed the above statement and understand the foregoing representations and covenants.

Date __________ Signature ______________________________."

(i) If Security includes real property, a legal description of such property, an appraisal of the property, a preliminary title report and if the property is other than residential, four (4) units or less, a fifty (50)-year recorded document guarantee. The title report must utilize the American Land Title Association ("ALTA") Loan Policy, revision 1987, or the California Land Title Association Standard Coverage Policy, revision 1988, and each must contain ALTA endorsements 100 and 101. The company issuing the title policy and document guarantee must be licensed by the California Department of Insurance to issue insurance in California. If the property is zoned and used as residential for four units or less, the appraiser must be licensed by either the American Institute as a Single Family Real Estate Appraiser or licensed by the California Office of Real Estate Appraisers. All other real property must be appraised by an individual licensed by the American Institute as a Member of the American Institute or certified by the California Office of Real Estate Appraisers.

(j) If Applicant leases the facility where the Project will be located, a copy of the lease for the facility.

(k) If Applicant has subsidiaries or affiliates whose financial statements are not otherwise consolidated with those of the Applicant, a current financial statement from each such subsidiary or affiliate for the most recent fiscal year.

(l) If the Loan amount exceeds two hundred and fifty thousand dollars ($250,000), Applicant financial projects for the eighteen (18)-month period following Loan approval.

(m) If projected Project costs exceed the requested Loan amount, proposed sources of funding for such additional costs.

(n) A completed Environmental Assessment.

Cal. Code Regs. Tit. 4, § 8054

1. New section filed 10-11-94; operative 11-10-94 (Register 94, No. 41).

Note: Authority cited: Section 44520(a), Health and Safety Code. Reference: Sections 44533(b) and 44548, Health and Safety Code.

1. New section filed 10-11-94; operative 11-10-94 (Register 94, No. 41).