Code of Maine Rules
94 - INDEPENDENT AGENCIES
457 - FINANCE AUTHORITY OF MAINE (FAME)
Chapter 312 - INTERMEDIARY RELENDING PROGRAM
Section 457-312-1 - DEFINITIONS
Universal Citation: 94 ME Code Rules ยง 457-312-1
Current through 2024-38, September 18, 2024
A. Reference to Act Definitions. Certain terms used in this rule, which are defined in the Finance Authority of Maine Act, 10 M.R.S.A. Section961 and following (the Act), shall have the meanings set forth in the Act, unless clearly specified otherwise or unless the context clearly indicates otherwise.
B. Defined Terms
(1) "Agricultural production" means the
cultivation, production (growing), harvesting, either directly or through
integrated operations, of agricultural products (crops, animals, birds and
marine life, either for fiber or food for human consumption, and disposal or
marketing thereof, the raising, housing, feeding, breeding, hatching, control
and/or management of farm and domestic animals).
(2) "Authorized fees" means loan packaging
fees, environmental data collection fees, and other professional fees rendered
by professionals generally licensed by the State or accreditation associations,
such as engineers, architects, lawyers,, accountants, and appraisers. Such fees
must be fully documented and reasonable and customary in the opinion of the
chief executive officer.
(3)
"Aquaculture" means the culture or husbandry of aquatic animals or plants by
private industry for commercial purposes including the culture and growing of
fish by private industry for the purpose of granting or augmenting
publicly-owned or regulated stocks of fish.
(4) "Borrower" means a person or entity which
meets the eligibility requirements set forth in section 3 of this rule, and
includes a prospective Borrower where the context requires and is referred to
as the ultimate recipient in FmHA Instruction 1948-C. For the purposes of
determining eligibility, any affiliate, parent, subsidiary, entity, trust or
individual with 20% or greater common ownership with the borrower shall be
considered the borrower.
(5) "Chief
executive officer" means the Authority's chief executive officer or a person
acting under the supervisory control of the chief executive officer.
(6) "Loan commitment" means a letter from the
chief executive officer to a Borrower agreeing to make a loan to a Borrower on
the terms and conditions and subject to the requirements stated
therein.
(7) "Low-income" means the
level of income of a person or family which is at or below the Poverty
Guidelines as defined in Section 673(2) of the Community Services Block Grant
Act (
42
U.S.C.
§9902(2).
(8) "Market value" means the most probable
price which property should bring, as of a specific date in a competitive and
open market, assuming the buyer and seller are prudent and knowledgeable, and
the price is not affected by undue stimulus such as forced sale or loan
interest subsidy.
(9) "Members
means the members of the Authority appointed pursuant to the Act.
(10) "Principals of intermediary" means the
members, officers and directors directly involved in the operation and
management of the Authority.
(11)
"Program" means the Intermediary Relending Program governed by 7 U.S.C. §
2007 a, the rules and regulations promulgated thereunder and this
rule.
(12) "Rural area" means all
areas of the State not within the outer boundary of any city having a
population of twenty-five thousand or more.
(13) "State" means the State of
Maine.
(14) "Working capital" means
the excess of current assets over current liabilities. It identifies the liquid
portion of total enterprise capital which constitutes a margin or buffer for
meeting obligations within the ordinary operating cycle of the
business.
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