6 MAC Pt. 9, R. 4.11
Loan Administration
Cite as 6 Miss. Admin. Code Pt. 9, R. 4.11
Loan Administration.
Loan Closing. All closing documents must be properly executed, and a copy must be provided to
the MDA upon the loan closing. The Financial Institution may be asked to provide, in writing, all
required information for the preparation of any SBLGP loan closing documents. All exhibits to
the closing documents must be filed and copies must be sent to MDA no later than thirty (30) days
from the date of the closing.
Lender Fee. The financial institution may charge the business a servicing fee, which may not
exceed two percent (2%) of the SBLGP loan amount greater than $25,000 or $500 for loans under
$25,000. The fee will be a one-time charge collected at the loan closing. The fee may be paid
directly by the business, deducted from the SBLGP loan proceeds, or financed as part of the
Financial Institution’s loan.
Loan Servicing. The Financial Institution will be responsible for underwriting and servicing the
SBLGP loan. Lenders must provide all key terms in an easy-to understand manner.
Such disclosures could include: the loan or investment amount, payment obligation and schedule,
any terms giving the participant control over the borrower’s or investee’s cash balances, cash flows
or ownership, any conversion rights and future rights to purchase equity, and any fees or extra
costs. The Financial Institution will enforce the terms and conditions of all closing documents
executed for the SBLGP Loan.
Reporting. The Financial Institution will report quarterly to the MDA on the status of the loan. The
Financial Institution will submit a loan transaction history report summarizing the current balance,
payments on principal to date, payments on interest to date, and any past due statements. The
Financial Institution will also complete and submit an annual report in the format to be provided
by the MDA. Additionally, the lender is required to immediately report any material change in the
status of the borrower or collateral.
Prepayment & Loan Default. The Financial Institution shall notify the MDA in writing of any
prepayments of the Financial Institution’s loan. The Financial Institution’s Loan and Note is
prohibited from being sold, assigned, conveyed, sub-participated, subdivided, encumbered, or
otherwise transferred. The MDA will consider any loan that has become delinquent in amount
equal to the required payment to be in default. In the event of a loan default, the Financial
Institution will submit a claim form on the guarantee once all required collection procedures have
been performed. The guarantee payments will be calculated after all collateral has been applied
to the outstanding balance. The SBLGP guarantee will reimburse the financial institution for its
loss, up to the percentage of the SBLGP guarantee.
Audit. Guaranties made under the SBLGP are subject to audit by the State Department of Audit