Current through October 31, 2024
Section 108.820 - Financings in the form of guarantees(a)General rule. At the request of a Small Business or where necessary to protect your existing investment, you may guarantee the monetary obligation of a Small Business to any non-Associate creditor.(b)Exception. You may not issue a guaranty if:(1) You would become subject to State regulation as an insurance, guaranty or surety business; or(2) The amount of the guaranty plus any direct Financings to the Small Business exceed the overline limitations of § 108.740 , except that a pledge of the Equity Securities of the issuer or a subordination of your lien or creditor position does not count toward your overline.(c)Pledge of NMVC Company's assets as guaranty. For purposes of this section, a guaranty with recourse only to specific asset(s) you have pledged is equal to the fair market value of such asset(s) or the amount of the debt guaranteed, whichever is less.