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46 CFR § 298.33Chapter II

Recourse against parties

Primary source

Verbatim text below is from the Electronic Code of Federal Regulations (eCFR), a public-domain U.S. government work. Always verify the current version with the eCFR before relying on it for any legal matter.

Full Text

(a) Form. Recourse against Borrowers or guarantors may be by a guarantee, irrevocable letter of credit, additional tangible or intangible collateral, or another form acceptable to MARAD.

(b) Principal accountability. The principal parties in interest, who ultimately stand most to benefit from a Project, will be held financially accountable for a Project's performance. MARAD may require recourse against:

(1) All major shareholders of a closely held corporate Borrower;

(2) The parent corporation of a subsidiary corporate Borrower;

(3) The related business entities of the Borrower if MARAD determines that the Borrower lacks substantial pledged assets other than the Project property or is otherwise lacking in any credit factor required to approve the Application;

(4) Any or all major limited partners; and

(5) Against any others interest it believes is necessary to protect.

(c) Recourse against parties. Should MARAD determine that a secondary means of repayment from other sources is necessary (including the net worth of parties other than the Borrower), MARAD may require secured or unsecured recourse against any such secondary repayment sources.

(d) Recourse unavailable. Where appropriate recourse is unavailable, the conservatively projected net liquidating value of the Borrower's assets (as such assets are pledged to MARAD) must, in MARAD's sole judgment, substantially exceed all projected exposure or other risks of loss to MARAD.

eCFR data current as of: November 3, 2026

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.