(a)Data—general. A recipient of an SISMBD Loan shall maintain such records as may be prescribed by SBA to:
(1) Disclose the manner in which an SISMBD Loan is used;
(i) The total outstanding loan amount;
(ii) The total amount repaid on the loan;
(iii) The aggregate value of assets held as collateral for the SISMBD Loan; and
(iv) The amount of any defaults or delinquencies that occurred on the loan;
(3) Demonstrate compliance with the requirements of this part; and
(4) Evaluate the impact of the SISMBD Loan Program on its SBA Secondary Market activity.
(b)Access to records. An SISMBD Loan recipient must submit such financial and SBA Secondary Market activity reports, records, statements, and documents at such times, in such forms, and accompanied by such reporting data, as required by SBA, the SBA Office of the Inspector General, or other authorized government personnel upon request or upon a request by their duly authorized representatives to ensure compliance with the requirements of this Subpart and to evaluate the impact of the SISMBD Loan Program. SBA or other authorized government personnel and their duly authorized representatives, shall have full and free access to SISMBD offices and facilities and all books, documents, records, and financial statements relating to the use of SISMBD Loan proceeds during normal business hours and may copy such documents as they deem appropriate.
(c)Retention of records. A recipient of an SISMBD Loan shall comply with all SBA mandated record retention requirements.
(1) At least annually, SBA will review the SBA Secondary Market activity of an SISMBD Loan recipient.
(2) A loan recipient shall submit a report of SBA Secondary Market activity, SISMBD Loan usage and updated financial statements within 45 days after the end of each calendar quarter, or within some other period after the end of each calendar quarter as may be agreed to in the Loan Agreements with information requested by SBA.
(3) A recipient shall submit a report within 60 days after the end of each
Federal fiscal year, or by such alternative deadline as may be agreed to in the Loan Agreements or as required by the Recovery Act on: information on the number of Guaranteed Portions it purchased from SBA Lenders; information describing the manner in which SISMBD Loan proceeds were used. SBA will use such information to verify that loan proceeds were used in a manner consistent with the Loan Agreements, the Recovery Act and these regulations; certification that an SISMBD continues to meet the eligibility requirements described in Section 120.1820 of this Subpart; and its most recent audited financial statements prepared by an independent certified public accountant. Such statements shall cover the operations of the recipient's most recently completed fiscal year.
(4) SBA may make reports described in paragraph (d)(2) and (d)(3) of this section available for public inspection.
(e)Reporting requirements. SISMBD Loan recipients will have reporting requirements related to section 1512 of the Recovery Act. SBA will provide additional separate guidance on the Recovery Act reporting requirements.
Title 13 published on 2014-01-01
The following are only the Rules published in the Federal Register after the published date of Title 13.
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This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.