Title 15Commerce and TradeRelease 119-73

§690e Issuance and guarantee of trust certificates

Title 15 › Chapter CHAPTER 14B— - SMALL BUSINESS INVESTMENT PROGRAM › Subchapter SUBCHAPTER III— - INVESTMENT DIVISION PROGRAMS › Part Part C— - Renewable Fuel Capital Investment Pilot Program › § 690e

Last updated Apr 6, 2026|Official source

Summary

Allows the Administrator to sell trust certificates that show ownership of all or part of debentures from a Renewable Fuel Capital Investment company, as long as the certificates come from a trust or pool made only of those guaranteed debentures. The Administrator can guarantee timely payment of principal and interest on those certificates, but the guarantee cannot exceed the principal and interest on the debentures in the trust. If a debenture is prepaid or defaults, the guarantee is cut back in proportion to that debenture’s share, and interest is guaranteed only up to the payment date. If all debentures are prepaid or default, the trust certificates can be called for redemption. The U.S. government backs payments under these guarantees. The Administrator must not charge a fee for the guarantee, though approved agents may charge fees for their work. If the Administrator pays a claim, it takes the rights the payment covered. Federal, state, or local law cannot stop the Administrator from using ownership rights in the debentures. The Administrator may run a central registry for the certificates and hire agents to handle pooling, registration, bank accounts, and issuing certificates. Agents must carry bonds or insurance to protect the United States. The Administrator may regulate brokers and dealers, and electronic or book-entry registration is allowed.

Full Legal Text

Title 15, §690e

Commerce and Trade — Source: USLM XML via OLRC

(a)The Administrator may issue trust certificates representing ownership of all or a fractional part of debentures issued by a Renewable Fuel Capital Investment company and guaranteed by the Administrator under this part, if such certificates are based on and backed by a trust or pool approved by the Administrator and composed solely of guaranteed debentures.
(b)(1)The Administrator may, under such terms and conditions as it determines appropriate, guarantee the timely payment of the principal of and interest on trust certificates issued by the Administrator or its agents for purposes of this section.
(2)Each guarantee under this subsection shall be limited to the extent of principal and interest on the guaranteed debentures that compose the trust or pool.
(3)If a debenture in a trust or pool is prepaid, or in the event of default of such a debenture, the guarantee of timely payment of principal and interest on the trust certificates shall be reduced in proportion to the amount of principal and interest such prepaid debenture represents in the trust or pool. Interest on prepaid or defaulted debentures shall accrue and be guaranteed by the Administrator only through the date of payment of the guarantee. At any time during its term, a trust certificate may be called for redemption due to prepayment or default of all debentures.
(c)The full faith and credit of the United States is pledged to pay all amounts that may be required to be paid under any guarantee of a trust certificate issued by the Administrator or its agents under this section.
(d)The Administrator shall not collect a fee for any guarantee of a trust certificate under this section, but any agent of the Administrator may collect a fee approved by the Administrator for the functions described in subsection (f)(2).
(e)(1)If the Administrator pays a claim under a guarantee issued under this section, it shall be subrogated fully to the rights satisfied by such payment.
(2)No Federal, State, or local law shall preclude or limit the exercise by the Administrator of its ownership rights in the debentures residing in a trust or pool against which trust certificates are issued under this section.
(f)(1)The Administrator may provide for a central registration of all trust certificates issued under this section.
(2)(A)The Administrator may contract with an agent or agents to carry out on behalf of the Administrator the pooling and the central registration functions provided for in this section, including, not withstanding any other provision of law—
(i)maintenance, on behalf of and under the direction of the Administrator, of such commercial bank accounts or investments in obligations of the United States as may be necessary to facilitate the creation of trusts or pools backed by debentures guaranteed under this part; and
(ii)the issuance of trust certificates to facilitate the creation of such trusts or pools.
(B)Any agent performing functions on behalf of the Administrator under this paragraph shall provide a fidelity bond or insurance in such amounts as the Administrator determines to be necessary to fully protect the interests of the United States.
(3)The Administrator may regulate brokers and dealers in trust certificates issued under this section.
(4)Nothing in this subsection may be construed to prohibit the use of a book-entry or other electronic form of registration for trust certificates issued under this section.

Reference

Citations & Metadata

Citation

15 U.S.C. § 690e

Title 15Commerce and Trade

Last Updated

Apr 6, 2026

Release point: 119-73