Title 25
SECTION 103.11
103.11 How does BIA approve lenders for the Program
§ 103.11 How does BIA approve lenders for the Program?(a) BIA approves each lender by entering into a loan guaranty agreement and/or a loan insurance agreement with it. BIA may provide up to three different levels of approval for a lender making guaranteed loans, depending on factors such as:
(1) The number of loans the lender makes under the Program;
(2) The total principal balance of the lender's Program loans;
(3) The number of years the lender has been involved with the Program;
(4) The relative benefits and opportunities the lender has given to Indian business efforts through the Program; and
(5) The lender's historical compliance with Program requirements.
(b) BIA will consider a lender's loan guaranty agreement and/or loan insurance agreement suspended as of:
(1) The effective date of a change in the lender's corporate structure;
(2) The effective date of a merger between the lender and any other entity, when the lender is not the surviving entity; or
(3) The start of any legal proceeding in which substantially all of the lender's assets may be subject to disposition through laws governing bankruptcy, insolvency, or receivership.
(c) A change in a lender's name, without any other change specified under paragraph (b) of this section, will not cause a suspension of the lender's loan guaranty agreement and/or loan insurance agreement. The lender should notify BIA of its name change as soon as possible.
(d) If a lender's loan guaranty agreement and/or loan insurance agreement is suspended under paragraph (b) of this section, the lender, or its successor in interest, must enter into a new loan guaranty agreement and/or loan insurance agreement with BIA in order to secure any new BIA loan guarantees or insurance coverage.
(e) The suspension of a loan guaranty agreement and/or loan insurance agreement does not affect the validity of any guaranty certificate or insurance coverage in effect before the date of the suspension. Any such certificate or insurance coverage will remain governed by applicable terms of the suspended loan guaranty agreement and/or loan insurance agreement.