Rule2024-29706
ALP Express Pilot to Permanent Status
Primary source
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Published
December 18, 2024
Effective
January 17, 2025
Issuing agencies
Small Business Administration
Abstract
The U.S. Small Business Administration ("SBA" or Agency) is making permanent the increased delegated authorities made available under the ALP Express Pilot for Certified Development Companies ("CDCs") approved for the Accredited Lenders Program ("ALP"). These increased delegated authorities for 504 loans of $500,000 or less ("ALP Express authority") were authorized under the Economic Aid to Hard-hit Small Businesses, Nonprofits, and Venues Act (Economic Aid Act or EAA). When these EAA-increased delegated authorities expired on September 30, 2023, SBA implemented the ALP Express Pilot (Pilot) in October 2023 to allow SBA to further evaluate the improved customer service levels for SBA Borrowers and the use of these increased delegated authorities by ALP CDCs. The ALP Express Pilot is scheduled to expire on September 30, 2025. Due to the success of the Pilot, SBA is revising regulations and proceeding to make the Pilot permanent after receiving supportive public comments and no objections to SBA's October 24, 2024, notice of proposed rulemaking. SBA notified Congress of the intent to convert the Pilot to become a permanent part of the 504 Loan Program in September 2024.
Full Text
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<title>Federal Register, Volume 89 Issue 243 (Wednesday, December 18, 2024)</title>
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[Federal Register Volume 89, Number 243 (Wednesday, December 18, 2024)]
[Rules and Regulations]
[Pages 102697-102701]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-29706]
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SMALL BUSINESS ADMINISTRATION
13 CFR Part 120
RIN 3245-AI21
ALP Express Pilot to Permanent Status
AGENCY: U.S. Small Business Administration.
ACTION: Final rule.
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SUMMARY: The U.S. Small Business Administration (``SBA'' or Agency) is
making permanent the increased delegated authorities made available
under the ALP Express Pilot for Certified Development Companies
(``CDCs'') approved for the Accredited Lenders Program (``ALP''). These
increased delegated authorities for 504
[[Page 102698]]
loans of $500,000 or less (``ALP Express authority'') were authorized
under the Economic Aid to Hard-hit Small Businesses, Nonprofits, and
Venues Act (Economic Aid Act or EAA). When these EAA-increased
delegated authorities expired on September 30, 2023, SBA implemented
the ALP Express Pilot (Pilot) in October 2023 to allow SBA to further
evaluate the improved customer service levels for SBA Borrowers and the
use of these increased delegated authorities by ALP CDCs. The ALP
Express Pilot is scheduled to expire on September 30, 2025. Due to the
success of the Pilot, SBA is revising regulations and proceeding to
make the Pilot permanent after receiving supportive public comments and
no objections to SBA's October 24, 2024, notice of proposed rulemaking.
SBA notified Congress of the intent to convert the Pilot to become a
permanent part of the 504 Loan Program in September 2024.
DATES: This rule is effective as of January 17, 2025.
FOR FURTHER INFORMATION CONTACT: Gregorius Suryadi, Office of Financial
Assistance, U.S. Small Business Administration at (202) 205-6806 or
<a href="/cdn-cgi/l/email-protection#c0a7b2a5a7afb2a9b5b3eeb3b5b2b9a1a4a980b3a2a1eea7afb6"><span class="__cf_email__" data-cfemail="593e2b3c3e362b302c2a772a2c2b20383d30192a3b38773e362f">[email protected]</span></a>. The phone number above may also be reached
by individuals who are deaf or hard of hearing, or who have speech
disabilities, through the Federal Communications Commission's TTY-Based
Telecommunications Relay Service teletype service at 711.
SUPPLEMENTARY INFORMATION:
I. Background Information
The 504 Loan Program is an SBA financing program authorized under
title V of the Small Business Investment Act of 1958, as amended, 15
U.S.C. 695 et seq. (``Small Business Investment Act''). Under the 504
Loan Program, loans are made to small business applicants by Certified
Development Companies (``CDCs''), which are certified and regulated by
SBA to promote economic development within their community.
There are three types of CDCs that participate in the 504 Loan
Program. This document relates to the temporary increased delegated
authorities that were granted, in accordance with section 328(b) of the
Economic Aid Act (``EAA''), to CDCs that are approved by SBA to
participate in the Accredited Lenders Program (hereafter ``ALP CDCs''),
which is authorized under section 507(a) of the Small Business
Investment Act. Under section 507(c) of the Small Business Investment
Act, SBA is authorized to develop an expedited procedure for processing
a loan application or servicing action submitted by ALP CDCs. [15
U.S.C. 697d.]
Prior to the Economic Aid Act, ALP CDCs were required to obtain
SBA's approval on both the loan's eligibility and creditworthiness
determinations. In addition, ALP CDCs only had delegated authority to
make certain ``No Adverse Change'' certifications prior to loan closing
without SBA's review and approval and were only authorized to close 504
loans under the expedited loan closing procedures applicable to a
Priority CDC. Further, ALP CDCs were required to obtain SBA's approval
for most servicing actions. Section 328(b) of the EAA temporarily
provided ALP CDCs increased delegated authority to ``approve,
authorize, close and service covered loans,'' for loans of not more
than $500,000 and that are not made to a borrower in an industry with a
high rate of default as defined by SBA. SBA implemented these increased
delegated authorities with the publication of an interim final rule on
June 27, 2022. (87 FR 37979). Pursuant to the EAA, these delegated
authorities were to expire on September 30, 2023.
In order to evaluate the use of these increased delegated
authorities by ALP CDCs and to identify opportunities for further
modification, SBA developed the ALP Express Pilot program to provide
these increased delegated authorities through September 30, 2025, to
ALP CDCs (hereafter referred to as ``ALP Express Pilot Loans''). The
ALP Express Pilot's delegated authorities in effect represented a
continuation of the ALP Express authority provided by the Economic Aid
Act. (88 FR 69529 (October 6, 2023)). Pursuant to its authority set
forth in section 507(c) of the Small Business Investment Act (15 U.S.C.
697d(c)), which authorizes SBA to develop expedited procedures for
processing a loan application or servicing action submitted by ALP
CDCs, SBA published a notice of proposed rulemaking on October 24, 2024
(89 FR 84831), proposing to make permanent the increased delegated
authorities available under the ALP Express Pilot. With this document
SBA also requested public comment to help the Agency identify which
parts of the pilot have been successful and which may need further
modification.
II. Summary of Comments Received
On November 25, 2024, the notice of proposed rulemaking comment
period ended. SBA received 11 comments to the notice of proposed
rulemaking of which one was beyond the scope of the NPRM. Of the 10
unique comments received, 2 were from national trade associations, 7
were from Certified Development Companies, and one was from an
individual. The one comment that was beyond the scope of the notice of
proposed rulemaking was from an individual. Public comments received to
further expand the pilot authorities will be addressed in the Section-
by-Section Analysis. Of the 10 comments received, 9 supported the
changes as set forth in the notice of proposed rulemaking. One comment
supported the changes and requested additional modification, and the
comment from the individual was nonresponsive as it did not comment on
the proposed rule but instead suggested revisions to the ALP Express
Guide. SBA did not receive any comments opposing the changes. In
addition to comments on these regulations there were also comments
requesting that SBA implement policies and procedures on electronic
signatures, electronic closings, and digital debentures to improve
efficiencies across the 504 loan program for both ALP and non-ALP CDCs.
III. Section-by-Section Analysis
A. CDC's Authorities. Under the ALP Express Pilot, SBA delegated to
ALP CDCs the authority to make the final decision with respect to the
applicant's creditworthiness on ALP Express Pilot Loans. SBA continued
to be responsible for reviewing each 504 loan to ensure that it meets
all loan program requirements for program eligibility, and its risk
management enhancement within E-Tran provided a tool to assist with
fraud detection and prevention. SBA proposed to make these increased
authorities permanent for loans that meet ALP Express eligibility
criteria. SBA is not making additional changes to current ALP Express
underwriting, servicing or closing authorities beyond those established
by the ALP Express Pilot Program. In its public comments the National
Association of Development Companies (NADCO), a national trade
association, stated that additional delegated authorities cannot be
implemented because SBA lacks this authority under the Accredited
Lenders Program. Based on the excellent performance of this cohort of
the 504 loans portfolio, there has been low risk to the national 504
portfolio due to the implementation of the ALP Express Pilot. SBA
expects ALP CDCs to continue to use this delegated authority as prudent
lenders and will monitor the national portfolio of ALP Express loans.
Of all ALP Express loans approved since inception of the Pilot and
through June 30, 2024, none were in default or in liquidation. SBA will
monitor the risk of
[[Page 102699]]
this cohort on a continuous basis going forward.
SBA also delegated to ALP CDCs the authority to approve certain
servicing actions after closing on ALP Express Pilot Loans (though ALP
CDCs were still required to notify the appropriate SBA servicing center
of their approval of any servicing action on ALP Express Pilot Loans).
In addition, SBA delegated to ALP CDCs the responsibility to undertake
all actions necessary to close the ALP Express Pilot Loan and Debenture
in accordance with the expedited loan closing procedures applicable to
a Priority CDC and with 13 CFR 120.960. SBA is making these increased
authorities permanent for loans that meet ALP Express eligibility
criteria (hereafter referred to as ``ALP Express Loans''). CDCs would
use these delegated authorities to approve certain servicing actions
after closing. SBA has not found any issues or concerns with the ALP
Express loan cohort that would prompt SBA to reconsider making
permanent these increased delegated authorities. SBA will continuously
monitor the risk of this cohort due to these permanent servicing and
closing delegations going forward.
In their own discretion, ALP CDCs may decide not to exercise their
increased delegated authority with respect to an ALP Express Loan and
may instead submit the loan to SBA under nondelegated procedures. ALP
CDCs may not use their ALP Express authority to service a loan that was
approved under non-delegated authority that could have been made as an
ALP Express Loan. In addition, Premier Certified Lender Program (PCLP)
CDCs may decide to process an ALP Express Loan under their status as an
ALP CDC instead of as a PCLP CDC, thereby not requiring the CDC to
comply with Loan Loss Reserve Fund requirements for that loan. A PCLP
CDC that decides to process a loan as an ALP Express Loan however may
only use ALP Express authorities, not PCLP authority, for that loan.
In making, closing, servicing, or liquidating an ALP Express Loan,
CDCs are required to follow all Loan Program Requirements. This
includes the loan closing and disbursement procedures in SOP 50 10 7.1
and any updates to the servicing and liquidation requirements in 13 CFR
120.535, 120.536, 120.540, 120.842 and 120.960, as well as SOP 50 55.
SBA is not further expanding any of these responsibilities in making
permanent the increased authorities available to ALP CDCs under the ALP
Express delegations of authority.
SBA received public comments recommending a further expansion of
ALP Express delegated authorities. The commenters recommended that SBA:
(1) Allow full delegated processing, approval, and authorization of ALP
Express Loans; (2) Allow ALP CDCs to prepare, finalize, and execute the
Loan Terms and Conditions; (3) Allow ALP CDCs to process and approve
all loan modifications between loan approval and loan closing and enter
changes directly in the Capital Access Financial System (CAFS); (4)
Implement a loan scoring model for use by ALP CDCs in approving ALP
Express Loans. SBA is not including these recommendations because SBA
lacks this authority under the Accredited Lenders Program.
For further guidance on ALP Express authority, please review the
ALP Express Pilot Program Guide. This guide will apply to the increased
delegated authorities made permanent under this final rule and will be
updated as needed.
Finally, in response to public comments, SBA is revising its
regulations under 13 CFR 120.953 related to certain responsibilities of
Trustee appointed by SBA to facilitate 504 Debenture sales and the
related definition of ``Debenture'' in 13 CFR 120.802. Pursuant to 13
CFR 120.953(c), SBA must appoint a Trustee to maintain physical
possession of 504 Debentures for SBA and the Certificate holders. In
practice, this requirement limits CDCs, and indirectly SBA borrowers,
to executing only physical paper Debentures and prohibits the adoption
of electronic Debentures and all their corresponding advantages and
efficiencies. SBA is revising the definition of ``Debenture'' in 13 CFR
120.802 to allow for either paper or electronic Debentures. A revision
to the requirements set forth in 13 CFR 120.953(c) will clarify that
the SBA shall use a trustee to hold in trust paper Debentures. The
consequence of adopting electronic Debentures will be a streamlined
loan closing process and modernized documentation retention procedures
for these documents, thereby lowering costs for CDCs and SBA borrowers.
B. Application and Reporting Requirements. CDCs are required to
comply with the reporting requirements in 13 CFR 120.830, using the
application forms for current 504 loan processing, and are required to
execute an SBA Terms and Conditions document for each 504 loan,
including ALP Express Pilot loans, as set forth in SOP 50 10. ALP CDCs
use SBA Form 1244 to document its ALP Express authority when submitting
an application for an ALP Express Pilot loan. In doing so, SBA tracks
whether the ALP CDC was using its ALP Express increased delegated
authority for the loan. In making the increased authorities available
to ALP CDCs under the ALP Express Pilot Program permanent, SBA is not
changing ALP CDC reporting requirements and related responsibilities.
No further changes to Form 1244 are needed.
C. Lender Oversight. ALP CDC oversight procedures shall continue to
follow the requirements set forth in 13 CFR part 120, subpart I, SOP 50
53 (Lender Supervision and Enforcement) and SOP 51 00 (On-Site Lender
Reviews and Examinations). The SOPs can be found on the SBA website.
ALP CDCs will be monitored both for performance and other risk
characteristics. The ALP CDC must comply with the requirement that it
only make ALP Express Loans in an amount of $500,000 or less, along
with all other loan program requirements. ALP CDCs also will be subject
to 13 CFR 120.1400 through 120.1600 and the provisions of SOP 50 53
concerning supervision and enforcement. SBA is not changing these
responsibilities in making permanent the increased authorities
available to ALP CDCs.
Compliance With Executive Orders 12866, 12988, 13175, 13132, 13563, and
14094, the Congressional Review Act, Paperwork Reduction Act, and
Regulatory Flexibility Act Executive Orders 12866, 13563, and 14094
Executive Order 12866, ``Regulatory Planning and Review,'' directs
agencies to assess all costs and benefits of available regulatory
alternatives and, if regulation is necessary, to select regulatory
approaches that maximize net benefits (including potential economic,
environmental, public health and safety effects, distributive impacts,
and equity). Executive Order 13563, ``Improving Regulation and
Regulatory Review,'' emphasizes the importance of quantifying both
costs and benefits, of reducing costs, of harmonizing rules, and of
promoting flexibility. Executive Order 14094, ``Modernizing Regulatory
Review,'' amends section 3(f) of Executive Order 12866 and supplements
and reaffirms the principles, structures and definitions governing
contemporary regulatory review established in Executive Order 12866 and
Executive Order 13563. The OMB Office of Information and Regulatory
Affairs has determined that this rulemaking is not a significant
regulatory action. SBA has drafted a cost-benefit analysis for the
public's information in the next section.
[[Page 102700]]
A. Cost-Benefit Analysis
Is there a need for the regulatory action?
Access to capital is one of the primary challenges for small
businesses to start, grow, and sustain their businesses. The SBA 504
loan program serves an important role in business lending for small
businesses that do not have credit available elsewhere from
conventional sources on reasonable terms. The Agency believes that a
streamlined process for small dollar loans particularly for loans of
$500,000 or less will facilitate increased participation by small
business owners, especially those in underrepresented communities. SBA
observed that upon implementing the increased delegated authorities
required by the EAA, SBA was able to reduce the processing and approval
time of loan applications of $500,000 or less for small businesses that
needed immediate financial assistance.
The ALP Express Pilot increased delegated authorities have proven
that ALP CDCs are able to process, approve, and service ALP Express
loans within the guidelines issued by the SBA. Due to the success of
the Pilot, SBA is now making these delegations permanent. Accordingly,
the permanent program change will reduce regulatory burdens, reduce the
number of hours spent processing an application to deliver a loan for
both SBA and CDCs and increase access to capital for small businesses.
With respect to adopting electronic 504 Debentures, SBA believes
this change will streamline the loan closing process and lower costs
for CDCs and SBA borrowers.
B. Benefits and Costs of the Rulemaking
What are the potential benefits and costs of this regulatory action?
SBA anticipates that making permanent the ALP Express Pilot Loan
authority and providing ALP CDCs with greater authority to approve and
service loans will reduce processing time and therefore benefit small
businesses, their employees, and the communities they serve.
Indeed, SBA observed that the processing and approval time for ALP
Express Pilot loans averaged 2.3 business days whereas the processing
time for regular 504 loans using non-delegated authority averaged 5
days. Therefore, small businesses will have access to capital to start,
grow, and sustain their businesses in a shorter timeframe. SBA does not
anticipate additional costs or impacts on the subsidy once these
increased delegated authorities are made permanent.
Finally, adoption of electronic Debentures will expedite the loan
closing process and lower documentation storage and transmission costs.
C. What alternatives have been considered?
SBA could allow the ALP Express Pilot to expire and resume the
level of ALP authorities that were in place prior to the implementation
of the Economic Aid Act. Due to the efficiency gains under the ALP
Express pilot, SBA considered it more prudent to retain these increased
delegated authorities to reduce regulatory burdens for ALP CDCs and to
responsibly streamline the processing, approval and closings of 504
loan application under $500,000 without substantially increasing the
risk of waste, fraud, or abuse of the programs, or threatening the
integrity of the business loan programs or the waste of taxpayer
dollars.
SBA reviewed public comments and received recommendations for
alternatives that cannot be implemented because SBA does not have this
authority under the Accredited Lenders Program. These include: (1)
Allowing full delegated processing, approval, and authorization of ALP
Express Loans; (2) Allowing ALP CDCs to prepare, finalize, and execute
the Loan Terms and Conditions; (3) Allowing ALP CDCs to process and
approve all loan modifications between loan approval and loan closing
and enter changes directly in the CAFS; (4) Implementing a loan scoring
model for use by ALP CDCs in approving ALP Express Loans.
Finally, as an alternative to the changes being contemplated to
Sec. 120.953, SBA could maintain its current physical Debenture regime
where physical paper is shipped and stored. Due to the efficiency gains
afforded by electronic Debentures, SBA considered it more prudent to
transition to the use of electronic Debentures.
Executive Order 12988
This action meets applicable standards set forth in sections 3(a)
and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden. The action would
not have preemptive effect or retroactive effect.
Executive Order 13175
This final rule will not have Tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
Executive Order 13132
This final rule will not have federalism implications as defined in
Executive Order 13132, Federalism. It would not have substantial direct
effects on the States, on the relationship between the National
Government and the States, or on the distribution of power and
responsibilities among the various levels of government, as specified
in the Executive order. As such it does not warrant the preparation of
a Federalism Assessment.
Paperwork Reduction Act
This final rule does not impose additional reporting or
recordkeeping requirements under the Paperwork Reduction Act, 44 U.S.C.
chapter 35. In order to implement the Economic Aid Act, SBA determined
that it was necessary to temporarily modify SBA Form 1244, which was
approved on November 22, 2022, under OMB Control Number 3245-0071,
Application for Section 504 Loans, to conform the application with the
revised requirements for ALP Express Loan authority. The changes did
not add any new burdens for the respondents. SBA made the following
technical corrections and clarifying changes to SBA Form 1244 which
became effective October 1, 2024: (1) revised question number 4 on page
2 to include the updated language as a result of the Criminal Justice
Reviews for the SBA Business Loan Programs, Disaster Loan Programs, and
Surety Bond Guaranty Program (89 FR 34094); (2) added a paragraph on
page 4 authorizing the SBA to release information regarding existing
SBA loan to Lender/CDC; (3) revised the instructions on page 5 (Purpose
of the Form) to clarify that CDCs with ALP Express Loan authority must
use the form; (4) added a new ALP Express checkbox to page 8 in the
Submission Method field; (5) added an additional row to the project
table on page 9 for Other Secured Debt to be Refinanced; and (6)
updated the instructions on pages 11 and 12 (Required Exhibits) to
identify which exhibits must be completed and uploaded in SBA's E-Tran
system for ALP Express Loans and which exhibits non-ASM CDCs must
complete and upload into E-Tran. No additional modifications to SBA
Form 1244 were necessary for the ALP Express Pilot, and no additional
modifications to SBA Form 1244 will be necessary for purposes of making
the ALP Express
[[Page 102701]]
increased authorities permanent through this rulemaking.
Regulatory Flexibility Act
The Regulatory Flexibility Act (``RFA''), 5 U.S.C. 601, et seq.,
requires administrative agencies to consider the effect of their
actions on small businesses, small organizations, and small
governmental jurisdictions. Pursuant to the RFA, when an agency issues
a proposed rulemaking, it must prepare and make available for public
comment an initial regulatory flexibility analysis to address the
impact of the rule on small entities. SBA published a notice of
proposed rulemaking on October 24, 2024, with comments due on or before
November 25, 2024, and received 10 supportive comments and no opposing
comment. Section 605 of the RFA allows an agency to certify a rule, in
lieu of preparing an analysis, if the rulemaking is not expected to
have a significant economic impact on a substantial number of small
entities. The rulemaking will have a positive impact and will be
beneficial for all ALP CDCs. By making permanent the temporary
increased delegated authorities available under the ALP Express Pilot
program this rulemaking will improve the approval time of 504 loan
applications for loans in an amount of $500,000 or less.
Between FY 2022 (June 27, 2022) and FY 2025 (October 31, 2024) SBA
approved 4,971 non-ALP Express loans of $500,000 or less, for a total
dollar amount of $1,511,075,000. In the same period SBA approved 2,364
ALP Express and ALP Express Pilot loans for a total dollar amount of
$1,283,386,000. The total number of approved 504 loans of $500,000 or
less over this period was 7,335 loans, in the amount of $2,794,461,000.
Based on the total 504 loans of $500,000 or less approved since ALP
Express implementation, ALP CDCs have demonstrated success in
processing and servicing loans using their increased ALP Express
delegated authority. In addition, since ALP Express implementation,
there have been no instances of ALP Express loans in default or in
liquidation.
SBA estimates the burden for completing SBA Form 1244,
``Application For Section 504 Loans'', including time for reviewing
instructions, gathering data and documentation needed, and completing
and reviewing the form, is 2.5 hours. SBA will not need to change SBA
Form 1244 as a result of this rulemaking. SBA anticipates the final
rule will increase the number of CDCs making loans of $500,000 or less
and increase the number of approved 504 program loans as a whole. The
ALP Express Pilot added no additional cost burdens to SBA, CDCs, or
small business borrowers and there were minimal changes to SBA forms.
SBA used existing staff to implement the Pilot. No further changes to
SBA forms or staffing levels are anticipated to make permanent the ALP
Express increased delegated authorities. Finally, the ALP Express Pilot
cohort of loans had no defaults and no liquidations. SBA will continue
to monitor the risk of this cohort to SBA's 504 portfolio going
forward.
With respect to the electronic Debenture change, SBA currently must
appoint a Trustee to maintain physical possession of 504 Debentures for
SBA and the Certificate holders. In practice, this requirement limits
CDCs, and indirectly SBA borrowers, to executing only physical paper
Debentures and prohibits the adoption of electronic Debentures and all
their corresponding advantages and efficiencies. A revision to the
requirements set forth in 13 CFR 120.953(c) will authorize SBA to
maintain possession of electronic (or digital) versions of 504
Debentures, thereby streamlining the loan closing process and lowering
costs for CDCs and SBA borrowers
Based on the foregoing, the Administrator of the SBA hereby
certifies that this rulemaking will not have a significant economic
impact on a substantial number of small businesses. The SBA invited
comments from the public on the certification for the proposed rule.
SBA did not receive any objections to its certification.
Congressional Review Act
This rule has been determined not to meet the criteria set forth in
5 U.S.C. 804(2). SBA will submit the rule to Congress and the
Government Accountability Office consistent with the Congressional
Review Act's requirements.
List of Subjects in 13 CFR Part 120
Administrative practice and procedure, Banks, Banking, Business and
industry, Child support, Community development, Confidential business
information, Credit, Disaster assistance, Employee benefit plans,
Energy conservation, Environmental protection, Equal employment
opportunity, Exports, Flood insurance, Flood plains, Foreign trade,
Fraud, Individuals with disabilities, Lead poisoning, Loan programs--
business, Loan programs--energy, Loan programs--veterans, Reporting and
recordkeeping requirements, Small businesses, Solar energy, Trusts and
trustees, Veterans.
Accordingly, for the reasons stated in the preamble, SBA amends 13
CFR part 120 as follows:
PART 120--BUSINESS LOANS
0
1. The authority citation for part 120 continues to read as follows:
Authority: 15 U.S.C. 634(b)(6), (b)(7), (b)(14), (h), and note,
636(a), (h) and (m), 650, 687(f), 696(3) and (7), and 697(a) and
(e); sec. 521, Pub. L. 114-113, 129 Stat. 2242; sec. 328(a), Pub. L.
116-260, 134 Stat. 1182.
0
2. Amend Sec. 120.802 by revising the definition of Debenture to read
as follows:
Sec. 120.802 Definitions.
* * * * *
Debenture is an obligation issued by a CDC and guaranteed 100
percent by SBA, the proceeds of which are used to fund a 504 loan. SBA,
in its discretion, may authorize either paper or electronic Debentures.
* * * * *
0
3. Amend Sec. 120.842 by revising paragraph (a) and removing paragraph
(d) to read as follows:
Sec. 120.842 ALP Express Loans.
(a) Definition. For the purposes of this section, an ALP Express
Loan means a 504 loan in an amount that is not more than $500,000 and
which is underwritten, approved, closed and serviced using the
authorities set forth in this section.
* * * * *
0
4. Amend Sec. 120.953 by revising paragraph (c) to read as follows:
Sec. 120.953 Trustee.
* * * * *
(c) Hold in trust paper Debentures composing a Debenture Pool for
the benefit of SBA and the Certificate holders;
* * * * *
Isabella Casillas Guzman,
Administrator.
[FR Doc. 2024-29706 Filed 12-17-24; 8:45 am]
BILLING CODE 8026-09-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.