Effective - 28 Aug 2011
348.412. Use of loan proceeds — eligibility — rules. — 1. Eligible borrowers:
(1) Shall use the proceeds of the agricultural business development loan to acquire agricultural property or for the expansion, acquisition, construction, improvement, or rehabilitation of a qualifying agribusiness; and
(2) May not finance more than ninety percent of the anticipated cost of the project through the agricultural business development loan.
2. The project shall have opportunities to succeed in the development, expansion and operation of businesses involved in adding value to, marketing, exporting, processing, or manufacturing agricultural products that will benefit the state economically and socially through direct or indirect job creation or job retention.
3. The authority shall promulgate rules establishing eligibility pursuant to the provisions of sections 348.400 to 348.415, taking into consideration:
(1) The eligible borrower's ability to repay the agricultural business development loan;
(2) The general economic conditions of the area in which the agricultural property will be located;
(3) The prospect of success of the particular project for which the loan is sought; and
(4) Such other factors as the authority may establish.
4. The authority may promulgate rules to provide for:
(1) The requirement or nonrequirement of security or endorsement and the nature thereof;
(2) The manner and time or repayment of the principal and interest;
(3) The maximum rate of interest;
(4) The right of the eligible borrower to accelerate payments without penalty;
(5) The amount of the guaranty charge;
(6) The effective period of the guaranty;
(7) The percent of the agricultural business development loan, not to exceed fifty percent, covered by the guaranty;
(8) The assignability of agricultural business development loans by the eligible lender;
(9) Procedures in the event of default on an agricultural business development loan;
(10) The due diligence effort on the part of eligible lenders for collection of guaranteed loans;
(11) Collection assistance to be provided to eligible lenders; and
(12) The extension of the guaranty in consideration of duty in the Armed Forces, unemployment, natural disasters, or other hardships.
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(L. 1997 H.B. 557, A.L. 2004 S.B. 740, et al., A.L. 2011 S.B. 161)
CROSS REFERENCE:
Rulemaking authority, effective when, null and void, when, 348.426
Structure Missouri Revised Statutes
Title XXIII - Corporations, Associations and Partnerships
Section 348.005 - Law, how cited.
Section 348.015 - Definitions.
Section 348.025 - Commission members, who may serve.
Section 348.030 - Commissioners' terms.
Section 348.035 - Bond required for commissioners, executive director and employees, cost.
Section 348.040 - Removal of commissioners from office, procedure.
Section 348.045 - Officers, terms.
Section 348.050 - Meetings, quorum — actions by resolution, requirements.
Section 348.055 - Expenses of commission, no compensation to be paid.
Section 348.065 - Secretary's duties
Section 348.070 - Powers of authority.
Section 348.075 - Rules and regulations, promulgation, procedure.
Section 348.080 - Duties of authority.
Section 348.085 - Cooperation with federal and state agencies.
Section 348.090 - Additional powers of authority.
Section 348.095 - Termination of authority, rights and property to vest in state — exceptions.
Section 348.100 - Loans, authority may purchase or participate, requirements.
Section 348.110 - Bond issues and notes authorized.
Section 348.120 - Note issue and renewal — bond issues and refunding authorized.
Section 348.125 - Notes and bond issues to be authorized by resolution containing terms.
Section 348.130 - Pledges of authority to be liens on all authority assets.
Section 348.135 - Facsimile signatures, validity.
Section 348.140 - Redemption of notes and bonds — powers — price.
Section 348.145 - Issuance of refunding obligations — terms, how determined.
Section 348.165 - Official person executing bonds and notes, no personal liability.
Section 348.175 - Investment powers and limitations of authority.
Section 348.180 - Annual report — audit.
Section 348.185 - Statement of purpose.
Section 348.190 - Loan guarantee program — rules, regulations, promulgation, procedure.
Section 348.200 - Single-purpose animal facilities loan guarantee fund established — administration.
Section 348.205 - Money not needed may be invested.
Section 348.210 - Eligibility for guarantees for loans — rules — terms, conditions.
Section 348.215 - Policy of collection and recovery.
Section 348.220 - Animal waste facilities loan program guarantees — priorities, limitations.
Section 348.225 - Single-purpose animal facilities loan program fund created — purpose.
Section 348.253 - Contracts with not-for-profit organizations, objectives.
Section 348.256 - Articles of incorporation, bylaws, content — members, qualifications.
Section 348.262 - Department may contract with corporations.
Section 348.262 - Department may contract with corporations.
Section 348.263 - Open meetings and sunshine law applicability — records, requirements.
Section 348.264 - Science and innovation reinvestment fund established — source of funds — purpose.
Section 348.264 - Technology investment fund established — source of funds — purpose.
Section 348.266 - Debts incurred not debt of the state — subject to not-for-profit corporation law.
Section 348.275 - Rulemaking authority, procedure.
Section 348.280 - Contingent effective date.
Section 348.300 - Definitions.
Section 348.300 - Definitions.
Section 348.304 - Certificates, how issued, limitations, exchanges.
Section 348.306 - Transfer of certificates, procedure, limitations.
Section 348.308 - Duties of director of economic development — issuance of certificates.
Section 348.312 - Construction of provisions.
Section 348.400 - Definitions.
Section 348.403 - Authority to develop program — rules — reject application, when.
Section 348.406 - Certificates of guaranty — fee — limitations.
Section 348.408 - Agricultural product utilization grant fund established — limitation on grants.
Section 348.409 - Agricultural product utilization and business loan guarantee fund established.
Section 348.412 - Use of loan proceeds — eligibility — rules.
Section 348.415 - Collections.
Section 348.426 - Rules, effective, when — rules invalid and void, when.
Section 348.434 - Limitations on credits issued.
Section 348.436 - Expiration date.
Section 348.438 - Departments to provide assistance.
Section 348.439 - Oversight and report on credits.
Section 348.505 - Tax credit for family farm livestock loan program, procedure.
Section 348.515 - Recognition of benefit of providing assistance to certain family farm operations.
Section 348.524 - Livestock feed and crop input loan guarantee fund established — use of moneys.
Section 348.527 - Investment of fund moneys.
Section 348.530 - Eligibility for loans — rulemaking authority.