Title 12Banks and BankingRelease 119-73not60

§4747 Reimbursement by Fund

Title 12 › Chapter 47— COMMUNITY DEVELOPMENT BANKING › Subchapter II— SMALL BUSINESS CAPITAL ENHANCEMENT › § 4747

Last updated Apr 3, 2026|Official source

Summary

The Fund must repay a participating State half of the State’s eligible reserve fund contributions within 30 calendar days after the State files the required report. The Fund will keep reimbursing States as it gets reports, until the Fund’s money is gone. The Fund will not pay any reimbursement for a loan if the borrower had 500 or more employees when the loan was enrolled. Over any 3-year period, reimbursements tied to loans for the same borrower or any group treated as a common enterprise cannot exceed $75,000. “Common enterprise” means what part 32 of title 12 of the Code of Federal Regulations (or its successor) defines. For loans where the lender’s total covered loans so far do not exceed $2,000,000, the State’s reimbursement for that loan cannot be more than the smaller of (a) 75% of the total premium charges paid by the borrower and the lender, or (b) 5.25% of the loan’s covered amount. If the lender’s prior covered loans total $2,000,000 or more, the limit is the smaller of (a) 50% of those premium charges, or (b) 3.5% of the covered amount. If a loan causes the lender’s total covered amount to cross $2,000,000, apply the first rule to the part that brings the total to $2,000,000 and the second rule to the rest.

Full Legal Text

Title 12, §4747

Banks and Banking — Source: USLM XML via OLRC

(a)Not later than 30 calendar days after receiving a report filed in compliance with section 4746 of this title, the Fund shall reimburse the participating State in an amount equal to 50 percent of the amount of contributions by the participating State to the reserve funds that are subject to reimbursement by the Fund pursuant to section 4746 of this title and this section. The Fund shall reimburse participating States, as it receives reports pursuant to section 4746(a) of this title, until available funds are expended.
(b)The Fund shall not provide any reimbursement to a participating State with respect to an enrolled loan made to a borrower that has 500 or more employees at the time that the loan is enrolled in the Program.
(c)The amount of reimbursement to be provided by the Fund to a participating State over any 3-year period in connection with loans made to any single borrower or any group of borrowers among which a common enterprise exists shall not exceed $75,000. For purposes of this subsection, “common enterprise” shall have the same meaning as in part 32 of title 12 of the Code of Federal Regulations, or any successor to that part.
(d)In connection with a loan in which the covered amount of the loan plus the covered amount of all previous loans enrolled by a participating financial institution does not exceed $2,000,000, the amount of reimbursement by the Fund to the participating State shall not exceed the lesser of—
(1)75 percent of the sum of the premium charges paid to the reserve fund by the borrower and the participating financial institution; or
(2)5.25 percent of the covered amount of the loan.
(e)In connection with a loan in which the sum of the covered amounts of all previous loans enrolled by the participating financial institution in the Program equals or exceeds $2,000,000, the amount of reimbursement to be provided by the Fund to the participating State shall not exceed the lesser of—
(1)50 percent of the sum of the premium charges paid by the borrower and the participating financial institution; or
(2)3.5 percent of the covered amount of the loan.
(f)In connection with the enrollment of a loan that will cause the aggregate covered amount of all enrolled loans to exceed $2,000,000, the amount of reimbursement by the Fund to the participating State shall be determined—
(1)by applying subsection (d) to the portion of the loan, which when added to the aggregate covered amount of all previously enrolled loans equals $2,000,000; and
(2)by applying subsection (e) to the balance of the loan.

Reference

Citations & Metadata

Citation

12 U.S.C. § 4747

Title 12Banks and Banking

Last Updated

Apr 3, 2026

Release point: 119-73not60