South Dakota Administrative Rules
Title 12 - Department of Agriculture
Article 12:07 - Agriculture enterprise programs
Chapter 12:07:14 - Value adding livestock underwriting
Section 12:07:14:03 - Eligibility requirements for applicants
Universal Citation: SD Admin Rules 12:07:14:03
Current through Register Vol. 51, page 43, September 23, 2024
To be eligible for a VALU loan, an applicant must meet the following requirements:
(1) If the applicant is an individual, the applicant must meet the following requirements:
(a) Be a resident of this state at the time
of loan closing;
(b) Have his
principal residence and the majority of the farm operation located in South
Dakota;
(c) Be age 18 or
older;
(d) Have feed sufficient for
one year, have facilities available, and have management
capabilities;
(e) Have derived at
least 60 percent of all gross income in the last tax year from farming.
Applications not meeting this qualification may be accepted only if a waiver is
obtained from the secretary. The secretary may issue a waiver for extraordinary
circumstances such as illness or enrollment in a higher education institution
or postsecondary technical institute or vocational school;
(f) Be creditworthy according to the
standards of the lender; and
(g) Be
unable to provide the financing needed from the applicant's own resources or to
obtain it from conventional sources at rates and terms the applicant can
reasonably be expected to meet;
(2) If the applicant is a cooperative, corporation, partnership, or other legal entity, it must meet the following requirements;
(a) Be composed of individuals
who meet the criteria of subdivisions (1)(a) to (1)(g), inclusive, of this
section and who must be willing to subordinate or waive individual interest in
the required feed, facilities, and labor necessary for the success of the loan;
or
(b) Have the majority of
memberships and stock in the entity owned by farmers who meet the criteria of
subdivisions (1)(a) to (1)(h), inclusive, of this section with other members or
stockholders furnishing their proportionate share of the costs. They must be
willing to subordinate or waive individual interest in the required feed,
facilities, and labor necessary for the success of the loan;
(3) Coapplicants must meet the same criteria as the applicants in the applicable category.
General Authority: SDCL 38-6-8.1.
Law Implemented: SDCL 38-6-3, 38-6-8.
Disclaimer: These regulations may not be the most recent version. South Dakota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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