§ 15-5-1107 - Enrollment of qualified loan in program -- Procedure -- Fee -- Transfers to loss reserve account.
               	 		
15-5-1107.    Enrollment of qualified loan in program -- Procedure -- Fee -- Transfers to loss reserve account.
    (a)    (1)  When  a financial institution participates in the Arkansas Capital Access  Program for Small Business, if the financial institution decides to  enroll a qualified loan under the program in order to obtain the  protection against loss provided by its loss reserve account, the  financial institution shall notify the Arkansas Development Finance  Authority of the loan within ten (10) days after the loan is made.
      (2)  The notification shall be in writing on a form prescribed by the authority.
(b)    (1)  When  making a qualified loan that will be enrolled under the program, the  financial institution shall require the qualified business to which the  loan is made to pay a fee of not less than one and one-half percent  (1.5%) of the principal amount of the loan but not more than three and  one-half percent (3.5%) of the principal amount.
      (2)    (A)  The financial institution shall also pay a fee in an amount equal to the fee paid by the borrower.
            (B)  However, the financial institution may collect the amount of its fee from the qualified borrower.
      (3)  The  financial institution shall deliver the fees collected under this  subsection to the authority for deposit in the loss reserve account for  the institution.
(c)  When depositing  fees collected under subsection (b) of this section to the credit of  the loss reserve account for a financial institution, the authority  shall transfer an amount that is not less than the total amount of the  fees paid by the borrower and the financial institution from the Capital  Access Fund to the loss reserve account for the institution.