Code of Virginia
Chapter 12 - Virginia College Building Authority
§ 23.1-1211. Default on payments

A. Whenever it appears to the Governor from an affidavit filed with him by the paying agent for the bonds issued by the Authority that an eligible institution has defaulted on the payment of the principal of or premium, if any, or interest on its bonds pursuant to this article, the Governor shall immediately make a summary investigation into the facts set forth in the affidavit. If it is established to the satisfaction of the Governor that the eligible institution is in default in the payment of the principal of or premium, if any, or interest on its bonds, the Governor immediately shall make an order directing the State Comptroller to make payment immediately to the owners or paying agent of the bonds in default on behalf of the eligible institution from any appropriation available to the eligible institution in the amount due and remaining unpaid by the eligible institution on its bonds.
B. Any payment so made by the State Comptroller to the owners or paying agent of the bonds in default shall be credited as if made directly by the eligible institution and charged by the State Comptroller against the appropriations of the eligible institution. The owners or paying agent of the bonds in default at the time of payment shall deliver to the State Comptroller, in a form satisfactory to the State Comptroller, a receipt for payment of the principal, premium, or interest satisfied by the payment. The State Comptroller shall report each payment made to the governing board of the defaulting eligible institution under the provisions of this section.
C. The Governor shall direct the State Comptroller to (i) charge against the appropriations available to any eligible institution that has defaulted on its bonds pursuant to this section all future payments of principal of and interest on the eligible institution's bonds when due and payable and (ii) make such payments to the owners or paying agent of the bonds on behalf of the eligible institution to ensure that no future default will occur on such bonds. The charge and payment shall be made upon receipt of documentation that the State Comptroller deems to be satisfactory evidence of the claim. The owners or paying agent of the bonds at the time of each payment shall deliver to the State Comptroller, in a form satisfactory to the State Comptroller, a receipt for payment of the principal or interest satisfied by the payment.
D. Nothing in this section shall be construed to create any obligation on the part of the State Comptroller or the Commonwealth to make any payment on behalf of the defaulting eligible institution other than from funds appropriated to the defaulting eligible institution.
1996, cc. 672, 689, § 23-30.29:3; 2016, c. 588; 2017, c. 314.

Structure Code of Virginia

Code of Virginia

Title 23.1 - Institutions of Higher Education; Other Educational and Cultural Institutions

Chapter 12 - Virginia College Building Authority

§ 23.1-1200. Definitions; findings

§ 23.1-1201. Virginia College Building Authority established

§ 23.1-1202. Action by Authority may be authorized by resolution

§ 23.1-1203. Powers of Authority generally

§ 23.1-1204. Duties; administration of assets, moneys, or obligations

§ 23.1-1205. Powers; purchase or sale of bonds or other obligations of eligible institutions

§ 23.1-1206. Powers; acquisition or disposition of equipment

§ 23.1-1207. Powers; bonds of Authority generally

§ 23.1-1208. Security for bonds

§ 23.1-1209. Reserve fund; limitations

§ 23.1-1210. Payment on bonds; pledge of revenues

§ 23.1-1211. Default on payments

§ 23.1-1212. Investment of funds

§ 23.1-1213. Enforcement of rights and duties by bondholder or trustee under trust indenture

§ 23.1-1214. Exemption of bonds from taxation

§ 23.1-1215. Bonds made lawful investments

§ 23.1-1216. Annual report; examination of records, books, and accounts

§ 23.1-1217. Annual audit

§ 23.1-1218. Article liberally construed; powers of Authority not subject to supervision by certain entities

§ 23.1-1219. Jurisdiction of suits against Authority; service of process

§ 23.1-1220. Definitions

§ 23.1-1221. Declaration of policy and purpose

§ 23.1-1222. Expenses of administering article

§ 23.1-1223. Powers and duties of Authority

§ 23.1-1224. Duties; conveyance of title to projects

§ 23.1-1225. Powers; acquisition of property

§ 23.1-1226. Powers; issuance of negotiable notes

§ 23.1-1227. Powers; issuance of revenue bonds

§ 23.1-1228. Powers; security for revenue bonds

§ 23.1-1229. Powers and duties; rates, rents, fees and charges; sinking fund

§ 23.1-1230. Powers; issuance of refunding revenue bonds

§ 23.1-1231. Revenue bonds not obligations of Commonwealth or political subdivision

§ 23.1-1232. Moneys received deemed trust funds

§ 23.1-1233. Remedies of bondholders or holders of other obligations

§ 23.1-1234. Exemption from taxation

§ 23.1-1235. Bonds as legal investments

§ 23.1-1236. Nature of article

§ 23.1-1237. Article liberally construed

§ 23.1-1238. Article controls inconsistent laws