Current through Register Vol. 50, No. 9, September 20, 2024
A. Every
applicant for a market commission loan or for a loan guaranty shall submit the
following information to the commission:
1.
name and address of applicant including all principals by name and
address;
2. a statement of the
nature and amount of the interest held by each principal;
3. sworn statement of the relationship, if
any, of any of the principals with any state official and/or with any employee
of the Department of Agriculture and Forestry;
4. location and legal description of all
property to be offered as security;
5. evidence that good title is or can be
vested in the name of the applicant;
6. personal financial statements of every
principal of the firm, corporation, partnership or association, prepared in
accordance with generally accepted accounting principles. In the case of
corporations and cooperative associations, every member of the board of
directors, by whatever name known, must provide personal financial
statements;
7. credit analyses of
the principals, to be provided by an independent source, such as a bank or
other lending institution;
8. a
property appraisal by a market commission approved appraiser of all property to
be offered as security;
9. listing
of all equipment and furnishings, both movable and immovable by destination,
with amortization tables as appropriate, if equipment and furnishings will be
offered as part of the security;
10. evidence of satisfactory interim
financing, where applicable;
11. a
three-year projected cash flow statement;
12. an evaluation of the professional
management capability of the individual(s) primarily responsible for the
operation of the processing business to be provided by an independent,
reputable source not involved in the firm, partnership, corporation or
association;
13. an explanation of
how the processing business for which the loan or loan guaranty is sought will
benefit the community in which the business is located or is to be located
including projection of new jobs created by the loan or loan guaranty, if
granted;
14. written authorization
for the market commission to perform any credit check(s) which the commission
may, in its discretion, deem advisable.
B. Every applicant for a loan or loan
guaranty for new construction shall provide, in addition to the information
required in
§309 A, the following information:
1. blueprints and construction
specifications, if available at date of application. In the absence of
blueprints and construction specifications, the applicant shall provide a
written description of the planned construction at the time of application, to
be followed by blueprints and construction specifications as set forth herein.
It is not the intent of the market commission to require unnecessary
expenditure of the applicant's funds; however, in the event that blueprints and
construction specifications cannot be provided at the time of application, any
applicant receiving approval for a loan or loan guaranty shall be required to
provide, within 90 days after approval, either (a) copies of blueprints and
construction specifications, or (b) a written statement of the reasons for
delay in provision of such blueprints and construction specifications. Reasons
acceptable to the commission shall include, but not be limited to, failure of
the architect to timely provide all drawings and specifications;
2. a projected construction schedule, with
anticipated completion date;
3. a
statement of the number of jobs to be made available upon completion of the
agricultural plant;
4. evidence of
adequate operating funds for a period of at least one year following completion
of the plant;
5. copies of
available construction contracts, including prices and identities of the
principals of the contractors.
C. Every applicant for a loan or loan
guaranty for the purchase, improvement to or expansion of an existing
agricultural plant shall provide, in addition to the information required in
§309 A, the following information:
1. profit and loss statements for the three
fiscal years immediately preceding the date of application;
2. balance sheets for the three fiscal years
immediately preceding the date of application;
3. statement demonstrating the marketability
of the product or process for which the funds are sought;
4. such additional market data which will
enable the market commission to determine the advisability of loan or loan
guaranty approval;
5. a statement
of the number of jobs existing at the time of the application and the number of
additional jobs to be created as a result of the proposed purchase, improvement
to or expansion of the plant;
6.
blueprints of the existing plant, if purchase is contemplated, and, in the case
of proposed improvements or expansions, blueprints of the existing and proposed
plant. The applicant shall provide a detailed statement of reasons when prints
cannot be provided. In the event that blueprints and specifications cannot be
provided at the time of the application, any applicant receiving approval for a
market commission loan or loan guaranty will be required to provide blueprints
and construction specifications within 90 days after approval;
7. copies of available construction or
renovation contracts including prices and identities of the principals of the
contractors.
D. Any
applicant for a loan guaranty shall provide, in addition to the information
required in
§309 A, B and C, a letter of commitment
from a lender setting forth the terms and conditions upon which the loan sought
to be guaranteed will be made.
AUTHORITY NOTE:
Promulgated in accordance with R.S.
3:450.3.