N.Y. Comp. Codes R. & Regs. tit. 21 § 4235.8

Current through Register Vol. 46, No. 50, December 11, 2024

Section 4235.8 - Application and project process

(a) An applicant for program assistance for a loan guarantee or a working capital loan shall file an application with the corporation on forms provided by the corporation.

(b) Program applications shall require that some or all of the following information be submitted:

(1) A business plan, which should include:

(i) history of the company or companies involved, as well as information about the applicant's previous business activities;

(ii) ownership structure, including a listing of owners, shareholders or partners;

(iii) product and market information, including analysis and strategy, the company's customers and suppliers, and a physical description of the company's facilities;

(iv) three years of CPA prepared historical financial statements;

(v) a detailed sources and uses of funds statement; and

(vi) three years of pro forma financial statements, including assumptions that clearly show the need and impact of the requested loan on the operations and financial condition of the company.

(2) The number of jobs to be retained, the economic impact of the loan on the community and the reason for seeking State financial assistance.

(3) Documentation of IEP assistance or an equivalent evaluation approved by UDC and/or an independent CPA-prepared analysis of the company.

(c) Upon receipt of the application, the corporation shall review the application for eligibility, completeness and conformance with loan fund criteria. A copy of each completed application, with any confidential information redacted, may be provided to the appropriate regional office of the Department of Economic Development for the office's information.

(d) If the corporation concludes that the proposal satisfies the necessary requirements, it will submit the proposal to the corporation's directors for approval. The directors normally meet once a month. In the event that the corporation's directors approve a plan for a working capital loan or loan guarantee as provided above, the corporation will schedule a public hearing in accordance with the UDC Act. The corporation may waive the necessity for a public hearing if the corporation determines that any delay caused by the notice requirement for the hearing will cause undue hardship to the company. Following final approval by the corporation, a plan for a working capital loan or loan guarantee must then be reviewed by the State Public Authorities Control Board (PACB), which also generally meets once a month. In the event PACB approves a working capital loan or loan guarantee, legal documents will be drafted by the corporation. Until the legal documents are actually executed, the funding of a project is not certain and should not be assumed.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 4235.8