Md. Code Regs. 05.13.04.03

Current through Register Vol. 51, No. 24, December 2, 2024

Section 05.13.04.03 - Definitions

A. In this chapter, the following words have the meanings indicated, and also as defined in Housing and Community Development Article, Title 6, Subtitle 3, Annotated Code of Maryland.

B. Terms Defined.

(1) "Amount", as used in this chapter in connection with a loan, means only the amount covered under a participation agreement, unless the context clearly requires otherwise.

(2) "Borrower" means the recipient of a loan that is, has been, or will be filed by the lender for enrollment under the Capital Access Program.

(3) "Business" means a commercial or industrial enterprise.

(4) "Claim" means a claim filed by the lender under Regulation .19 of this chapter.

(5) "Department" means the Department of Housing and Community Development, a principal department of the State.

(6) "Early loan" means an enrolled loan where, at the time of enrollment, the aggregate amount of previously enrolled loans made by the lender under the Capital Access Program was less than $2,000,000.

(7) "Eligible loan" means a loan made by the lender to a borrower that meets the requirements of Regulations .09, .10, and .11 of this chapter.

(8) "Enrolled loan" means a loan enrolled by the Department under the terms of Regulation .14 of this chapter.

(9) "Financial assistance" means any form of assurance, guarantee, or other credit enhancement offered with respect to a loan made and enrolled under the Program.

(10) "Fund" means the Neighborhood Business Development Fund under Housing and Community Development Article, Title 6, Subtitle 3, Annotated Code of Maryland.

(11) "Lender" means a federally insured financial institution as defined in Financial Institutions Article, § 1-101(i), Annotated Code of Maryland, or other institution regulated by the Commissioner of Financial Regulation, that has entered into a participation agreement with the Department to participate in the Capital Access Program.

(12) Local Jurisdiction.

(a) "Local jurisdiction" means:

(i) A municipal corporation subject to the provisions of the State Constitution, Article XI-E, if a project is located entirely within the boundaries of the municipal corporation; or

(ii) The Mayor and City Council of Baltimore and any of the 23 counties of this State within which a project is located.

(b) If part of a project is located within one local jurisdiction while the remainder of the project is located in a different local jurisdiction, then for that project, "local jurisdiction" includes each local jurisdiction within which any part of the project is located.

(13) "Mixed use" means a use that combines residential and business uses in the same building.

(14) "Participation agreement" means an agreement between a lender and the Department under which a lender may participate in the Program.

(15) Passive Real Estate Ownership.

(a) "Passive real estate ownership" means ownership of real estate for the purpose of deriving income from speculation, trade, or rentals.

(b) "Passive real estate ownership" does not include the following:

(i) Ownership of that part of real estate being used or intended to be used for the operation of the business of the owner of the real estate; or

(ii) Ownership of real estate for the purpose of construction or renovation until the completion of the construction or renovation phase.

(16) "Priority funding area" means a priority funding area as stated in State Finance and Procurement Article, § 5-7 B-02, Annotated Code of Maryland.

(17) "Proceeds", as used in this chapter in connection with a loan, means only the proceeds covered under a participation agreement, unless the context clearly requires otherwise.

(18) "Program" means the Capital Access Program.

(19) "Project" means a project or activity that qualifies for a loan made under the Program.

(20) "Reserve account" means an account established by the Department:

(a) With funds accumulated under this chapter; and

(b) To cover claims made by the lender under this chapter.

(21) "Secretary" means the Secretary of Housing and Community Development.

(22) "Small business" means a business that employs a number of employees, or has annual gross receipts, no greater than the limits set forth by the U.S. Small Business Administration.

Md. Code Regs. 05.13.04.03

Regulation .03B amended effective June 19, 2006 (33:12 Md. R. 996)