Title 15Commerce and TradeRelease 119-73

§697b Pooling of debentures

Title 15 › Chapter CHAPTER 14B— - SMALL BUSINESS INVESTMENT PROGRAM › Subchapter SUBCHAPTER V— - LOANS TO STATE AND LOCAL DEVELOPMENT COMPANIES › § 697b

Last updated Apr 6, 2026|Official source

Summary

Allows the Administration to sell trust certificates that represent all or part of debentures issued by state or local development companies, as long as those certificates come from a pool made only of debentures the Administration guaranteed. The Administration can promise to pay principal and interest on those certificates, but only up to the amount provided by the guaranteed debentures in the pool. If a debenture is paid off early or defaults, the Administration’s promise is reduced in the same proportion. Interest on a prepaid or defaulted debenture is covered only until the date it is paid. The U.S. government fully backs any payments the Administration guarantees. The Administration cannot charge a fee for these guarantees, though an approved agent may collect a fee for certain services. If the Administration pays a claim, it receives the rights of the holder it paid, and no law can stop it from using those rights. The Administration must keep a central record of all trust certificates and hire an agent to handle registration and issuing. The agent must have a bond or insurance to protect the government. Sellers must give buyers clear information about the terms and yield. The Administration can regulate brokers and dealers, and electronic or book-entry registration is allowed.

Full Legal Text

Title 15, §697b

Commerce and Trade — Source: USLM XML via OLRC

(a)The Administration is authorized to issue trust certificates representing ownership of all or a fractional part of debentures issued by State or local development companies and guaranteed by the Administration under this chapter: Provided, That such trust certificates shall be based on and backed by a trust or pool approved by the Administration and composed solely of guaranteed debentures.
(b)The Administration is authorized, upon such terms and conditions as are deemed appropriate, to guarantee the timely payment of the principal of and interest on trust certificates issued by the Administration or its agent for purposes of this section. Such guarantee shall be limited to the extent of principal and interest on the guaranteed debentures which compose the trust or pool. In the event that a debenture in such trust or pool is prepaid, either voluntarily or in the event of default, 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 Administration only through the date of payment on the guarantee. During the term of the trust certificate, it may be called for redemption due to prepayment or default of all debentures constituting the pool.
(c)The full faith and credit of the United States is pledged to the payment of all amounts which may be required to be paid under any guarantee of such trust certificates issued by the Administration or its agent pursuant to this section.
(d)The Administration shall not collect any fee for any guarantee under this section: Provided, That nothing herein shall preclude any agent of the Administration from collecting a fee approved by the Administration for the functions described in subsection (f)(2) of this section.
(e)(1)In the event the Administration pays a claim under a guarantee issued under this section, it shall be subrogated fully to the rights satisfied by such payment.
(2)No State or local law, and no Federal law, shall preclude or limit the exercise by the Administration of its ownership rights in the debentures constituting the trust or pool against which the trust certificates are issued.
(f)(1)The Administration shall—
(A)provide for a central registration of all trust certificates sold pursuant to this section;
(B)contract with an agent to carry out on behalf of the Administration the central registration functions of this section and the issuance of trust certificates to facilitate poolings; such agent shall provide a fidelity bond or insurance in such amounts as the Administration determines to be necessary to fully protect the interests of the Government;
(C)prior to any sale, require the seller to disclose to a purchaser of a trust certificate issued pursuant to this section, information on the terms, conditions, and yield of such instrument; and
(D)have the authority to regulate brokers and dealers in trust certificates sold pursuant to this section.
(2)Nothing in this subsection shall prohibit the utilization of a book-entry or other electronic form of registration for trust certificates.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

For definition of “this chapter”, referred to in subsec. (a), see

References in Text

note set out under section 661 of this title.

Amendments

1996—Subsec. (f). Pub. L. 104–208 designated existing provisions as par. (1), redesignated former pars. (1) to (4) as subpars. (A) to (D), respectively, of par. (1), in subpar. (A) substituted “provide for a central registration of all trust certificates sold pursuant to this section;” for “provide for a central registration of all trust certificates sold pursuant to this section; such central registration shall include with respect to each sale, identification of each development company; the interest rate paid by the development company; commissions, fees, or discounts paid to brokers and dealers in trust certificates; identification of each purchaser of the trust certificate; the price paid by the purchaser for the trust certificate; the interest rate paid on the trust certificate; the fees of any agent for carrying out the functions described in paragraph (2); and such other information as the Administration deems appropriate;”, and added par. (2). 1988—Pub. L. 100–590, § 111(d)(2), inserted “Pooling of debentures” as section catchline. Subsec. (a). Pub. L. 100–590, § 111(d)(1), substituted “all or a” for “all of a”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1996 AmendmentAmendment by Pub. L. 104–208 effective Oct. 1, 1996, see section 3 of Pub. L. 104–208, set out as a note under section 633 of this title.

Rules and Regulations

for Implementation of Central Registration, Pilot Program and Trust Certificate Provisions; Consultation Pub. L. 99–272, title XVIII, § 18008(d), Apr. 7, 1986, 100 Stat. 368, provided that: “(1) Notwithstanding any law, rule, or regulation, within 60 days after the date of enactment of this Act [Apr. 7, 1986], the Small Business Administration shall develop and promulgate final

Rules and Regulations

to implement the central registration provisions provided for in section 505(f)(1) of the Small Business Investment Act [15 U.S.C. 697b(f)(1)], and shall contract with an agent for an initial period of not to exceed two years to carry out the functions provided for in section 505(f)(2) of such Act. “(2) Notwithstanding any law, rule or regulation, within 60 days after the date of enactment of this Act [Apr. 7, 1986], the Small Business Administration also shall consult with representatives of appropriate Federal and State agencies and officials, the securities industry, financial institutions and lenders, and small business persons, and shall develop and promulgate final

Rules and Regulations

to implement section 504 and 505 of the Small Business Investment Act [15 U.S.C. 697a, 697b].”

Reference

Citations & Metadata

Citation

15 U.S.C. § 697b

Title 15Commerce and Trade

Last Updated

Apr 6, 2026

Release point: 119-73