Page:United States Statutes at Large Volume 108 Part 3.djvu/457

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PUBLIC LAW 103-325—SEPT. 23, 1994 108 STAT. 2209 (A) impose any restrictions or requirements, relating to the interest rate, fees, collateral, or other business terms and conditions of the loan; or (B) condition enrollment of a loan in the Program on the review by the State of the risk or creditworthiness of a loan. (2) EFFECT ON OTHER LAW.—Nothing in this subtitle shall affect the applicability of any other law to the conduct by a participating financial institution of its business. (j) STATE CONTRIBUTIONS.— In enrolling a loan under the Program, the participating State shall contribute to the reserve fund an amount, as provided for in the participation agreement, which shall not be less than the sum of the amount of premium charges paid by the borrower and the participating financial institution. (k) ELEMENTS OF CLAIMS.— (1) FILING.— I f a participating financial institution charges off all or part of an enrolled loan, such participating financial institution may file a claim for reimbursement with the participating State by submitting a form that— (A) includes the representation by the participating financial institution that it is filing the claim in accordance with the terms of the applicable participation agreement; and (B) contains such other information as may be required ,,, by the participating State. (2) TIMING.—Any claim filed under paragraph (1) shall be filed contemporaneously with the action of the participating financial institution to charge off all or part of an enrolled loan. The participating financial institution shall determine when and how much to charge off on an enrolled loan, in a manner consistent with its usual method for making such determinations on business loans that are not enrolled loans under this subtitle. (1) ELEMENTS OF CLAIMS.—^A claim filed by a participating financial institution may include the amount of principal charged off, not to exceed the covered amount of the loan. Such claim may also include accrued interest and out-of-pocket expenses, if and to the extent provided for under the participation agreement. (m) PAYMENT OF CLAIMS.— (1) IN GENERA!..—Except as provided in subsection (n) and paragraph (2) of this subsection, upon receipt of a claim filed in accordance with this section and the participation agreement, the participating State shall promptly pay to the participating financial institution, from funds in the reserve fund, the full amount of the claim as submitted. (2) INSUFFICIENT RESERVE FUNDS.—I f there are insufficient funds in the reserve fund to cover the entire amount of a claim of a participating financial institution, the participating State shall pay to the participating financial institution an amount equal to the current balance in the reserve fund. If the enrolled loan for which the claim has been filed— (A) is not an early loan, such payment shall be deemed fully to satisfy the claim, and the participating financial institution shall have no other or further right to receive any amount from the reserve fund with respect to such claim; or