Pub. L. 100-418, tit. VIII, sec. 8007

CAPITAL FORMATION.

EnactedYear: 1988Length: 611 wordsOfficial source
SEC. 8007. CAPITAL FORMATION. (a) Loan Limitations.—Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is amended— (1) by striking “and” at the end of clause (i) of paragraph (2)(B) and by adding after clause (ii) the following new clauses: “(iii) not less than 85 per centum of the financing outstanding at the time of disbursement if such financing is a loan under paragraph (16) and is less than $1,176,470; and 102 STAT. 1560 “(iv) less than 85 per centum of the financing outstanding at the time of disbursement if such financing is a loan under paragraph (16) and exceeds $1,176,470;”; (2) by amending paragraph (3) to read as follows: “(3) No loan shall be made under this subsection— “(A) if the total amount outstanding and committed (by participation or otherwise) to the borrower from the business loan and investment fund established by this Act would exceed $750,000, except as provided in subparagraph (B); “(B) if the total amount outstanding and committed (on a deferred basis) solely for the purposes provided in paragraph (16) to the borrower from the business loan and investment fund established by this Act would exceed $1,000,000, such amount to be in addition to any financing solely for working capital, supplies, or revolving lines of credit for export purposes up to a maximum of $250,000; and “(C) if effected either directly or in cooperation with banks or other lending institutions through agreements to participate on an immediate basis if the amount would exceed $350,000.”; (3) by adding the following new paragraphs after paragraph (15): “(16)(A) The Administration may guarantee loans under this paragraph to assist any eligible small business concern in an industry engaged in or adversely affected by international trade in the financing of the acquisition, construction, renovation, modernization, improvement or expansion of productive facilities or equipment to be used in the United States in the production of goods and services involved in international trade, if the Administration determines that the appropriate upgrading of plant and equipment will allow the concern to improve its competitive position. Each such loan shall be secured by a first lien position or first mortgage on the property or equipment financed by the loan. The lender shall agree to sell the loan in the secondary market as authorized in sections 5(f) and 5(g) of this Act within 180 days of the date of disbursement. “(B) A small business concern shall be considered to be engaged in or adversely affected by international trade for purposes of this provision if such concern is, as determined by the Administration in accordance with regulations that it shall develop— “(i) in a position to significantly expand existing export markets or develop new export markets; or “(ii) adversely affected by import competition in that it “(I) confronting increased direct competition with foreign firms in the relevant market; and “(II) can demonstrate injury attributable to such competition. “(17) The Administration shall authorize lending institutions and other entities in addition to banks to make loans authorized under this subsection.”; and (4) by redesignating the existing paragraph (16) as paragraph (18). 102 STAT. 1561 (b) Development Company Limits.—Section 502(2) of the Small Business Investment Act of 1985 (15 U.S.C. 636(a)(3)) is amended by striking “$500,000” and by inserting in lieu thereof “$750,000” (c) Report.—The Administrator of the Small Business Administration shall report to the Committees on Small Business of the House of Representatives and the Senate within 6 months after the date of enactment of this title as to the viability of creating cooperative Federal-State guarantee programs, particularly for purposes of export financing, to encourage States to coinsure Federal loans, thus permitting the Federal Government to reduce its exposure.
Pub. L. 100-418, tit. VIII, sec. 8007: CAPITAL FORMATION. | Justis AI