eligible lender

(1) In general Except as provided in paragraphs (2) through (6), the term “eligible lender” means— (A) a National or State chartered bank, a mutual savings bank, a savings and loan association, a stock savings bank, or a credit union which— (i) is subject to examination and supervision by an agency of the United States or of the State in which its principal place of operation is established, and (ii) does not have as its primary consumer credit function the making or holding of loans made to students under this part unless (I) it is a bank which is wholly owned by a State, or a bank which is subject to examination and supervision by an agency of the United States, makes student loans as a trustee pursuant to an express trust, operated as a lender under this part prior to January 1, 1975 , and which meets the requirements of this provision prior to July 23, 1992 , (II) it is a single wholly owned subsidiary of a bank holding company which does not have as its primary consumer credit function the making or holding of loans made to students under this part, (III) it is a bank (as defined in section 1813(a)(1) of title 12 ) that is a wholly owned subsidiary of a nonprofit foundation, the foundation is described in section 501(c)(3) of title 26 and exempt from taxation under section 501(a) of such title, and the bank makes loans under this part only to undergraduate students who are age 22 or younger and has a portfolio of such loans that is not more than $5,000,000, or (IV) it is a National or State chartered bank, or a credit union, with assets of less than $1,000,000,000; (B) a pension fund as defined in the Employee Retirement Income Security Act [ 29 U.S.C. 1001 et seq.]; (C) an insurance company which is subject to examination and supervision by an agency of the United States or a State; (D) in any State, a single agency of the State or a single nonprofit private agency designated by the State; (E) an eligible institution which meets the requirements of paragraphs (2) through (5) of this subsection; (F) for purposes only of purchasing and holding loans made by other lenders under this part, the Student Loan Marketing Association or the Holding Company of the Student Loan Marketing Association, including any subsidiary of the Holding Company, created pursuant to section 1087–3 of this title , or an agency of any State functioning as a secondary market; (G) for purposes of making loans under sections 1078–2(d) and 1078–3 of this title , the Student Loan Marketing Association or the Holding Company of the Student Loan Marketing Association, including any subsidiary of the Holding Company, created pursuant to section 1087–3 of this title ; (H) for purposes of making loans under sections 1078(h) 1 and 1078(j) of this title, a guaranty agency; (I) a Rural Rehabilitation Corporation, or its successor agency, which has received Federal funds under Public Law 499, Eighty-first Congress ( 64 Stat. 98 (1950)); (J) for purpose of making loans under section 1078–3 of this title , any nonprofit private agency functioning in any State as a secondary market; and (K) a consumer finance company subsidiary of a national bank which, as of October 7, 1998 , through one or more subsidiaries: (i) acts as a small business lending company, as determined under regulations of the Small Business Administration under section 120.470 of title 13, Code of Federal Regulations (as such section is in effect on October 7, 1998 ); and (ii) participates in the program authorized by this part pursuant to subparagraph (C), provided the national bank and all of the bank’s direct and indirect subsidiaries taken together as a whole, do not have, as their primary consumer credit function, the making or holding of loans made to students under this part.

Source

20 USC § 1085(d)(1)


Scoping language

As used in this part
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