[§211D-8] State's rights with respect to reserve account.

229 words·~1 min read·/hi/211d-8

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)All of the money in a reserve account established under this chapter is property of the State.

(b)The State is entitled to earn interest on the amount of contributions made by the department, borrower, and institution to a reserve account under this chapter. The department shall withdraw monthly or quarterly from a reserve account the amount of the interest earned by the State. The department shall deposit the amount withdrawn under this section into the fund.

(c)If the amount in a reserve account exceeds an amount equal to thirty-three per cent of the balance of the financial institution's outstanding capital access loans, the department may withdraw the excess amount and deposit the amount in the fund. A withdrawal of money authorized under this subsection may not reduce an active reserve account to an amount that is less than $200,000.

(d)The department shall withdraw from the institution's reserve account the total amount in the account and any interest earned on the account and deposit the amount in the fund when:

(1)A financial institution is no longer eligible to participate in the program or a participation agreement entered into under this chapter expires without renewal by the department or institution; and

(2)The financial institution has no outstanding capital access loans. [L 2000, c 290, pt of §2]