SBA 2244 RBIC Instructions for Commitment of Leverage

OMB No: 0570-0051

RURAL BUSINESS INVESTMENT PROGRAM
U. S. SMALL BUSINESS ADMINISTRATION, INVESTMENT DIVISION
409 Third Street, S.W. Washington, DC 20416 Tel: (202) 205-6510; Fax: (202) 205-6959

RURAL BUSINESS INVESTMENT COMPANY

INSTRUCTIONS

APPLICATION FOR SBA COMMITMENT OF LEVERAGE

INTRODUCTION

These instructions provide the information necessary for a selected Rural Business Investment Company ("RBIC") ("you" or "your") to obtain SBA's commitment to reserve financial assistance (Leverage) on its behalf for the future issuance of Debentures if licensed as a RBIC. SBA is collecting this information on behalf of USDA pursuant to a delegation of authority by USDA to SBA (7 CFR 4290.45).

SUBMISSION DEADLINE

You must properly complete and execute the required forms and documents referenced below and submit them to SBA by a date specified by SBA but no later than your designated closing date, in connection with SBA process of considering you for licensing as a RBIC.

Submit such forms and documents to the Investment Division, Suite 6300, Small Business Administration, 409 Third Street, S.W., Washington, D.C. 20416.

REQUIRED FORMS

The following is a list of forms you are required to submit in order to obtain SBA’s commitment of Leverage to you, and instructions applicable to each form.

(1) Certificate of Authorization by RBIC of Application for SBA Commitment of Leverage (SBA Form 2252 A, B or C)

SBA requires you to submit a certificate documenting that your organization properly authorizes your application for a Leverage commitment, execution of a Participation Agreement with SBA, and the selling by SBA or its agent of the Debentures you will issue pursuant to SBA's Leverage commitment and your Participation Agreement. The following forms offer three different sample Certificates of Authorization:

SBA Form 2252 A – for limited partnership RBICs with a corporate general partner.

SBA Form 2252 B – for limited partnership RBICs with an individual general partner.

SBA Form 2253 C – for limited liability company RBICs.

(2) Disclosure of Third Party Debt

You must submit a statement describing all of your outstanding non-SBA debt. The description must include the identities of the lenders and contact information, amounts, terms, conditions, security (if any), and priority of all such debt. Your authorized representative must sign and date the statement.

(3) Statement Regarding Lobbying (SBA Form 1846)

All recipients of a commitment from SBA of Leverage must complete this form. On this form, you state that if you have paid any person to influence an SBA employee, employee of the U.S. Department of Agriculture (USDA), member of Congress, employee of Congress, or employee of a member of Congress in connection with SBA's commitment of Leverage, you will disclose such activities to SBA on a standard form for such purpose.

(4) Certification of Compliance with Non-Discrimination Laws

You must submit a statement that, in consideration of financial assistance from SBA, you certify that you will comply with the provisions of 7 CFR 4290.508 and the Federal civil rights laws cited in that regulation. You must also state that you agree to require this same certification from your contractors.

(5) RBIC’s Assurance of Compliance (Public Interest) (SBA Form 2251)

SBA requires you to submit this certificate, which documents that you understand and covenant that you will comply with the provisions in section 7 CFR 4290.720(f). Those provisions prohibit the use of SBA-guaranteed Leverage proceeds for any purpose contrary to the public interest.

(6) Bank Identification Form (SBA Form 34)

You must submit this form to identify the bank to which you want the proceeds of your SBA-guaranteed leverage to be deposited by wire transfer. You will receive such funds by wire transfer only. The Bank Identification Form (SBA Form 34) refers to "SBIC" and "Licensee." When completing the form for the RBIC Program, read such terms as "RBIC" instead.

The information collected is required in order for you to receive SBA financial assistance. SBA is collecting this information on behalf of the U.S. Department of Agriculture (USDA) pursuant to a delegation of authority from USDA to SBA (7CFR 4290.45).

Please note: The estimated burden for completing the “Disclosure of Third Party Debt” referred to in these instructions, is 6 minutes. (Burden statements for SBA Forms referred to in these instructions that require such statement are found on those forms themselves.) You are not required to respond to any collection of information unless it displays a currently valid OMB approval number. SBA will keep the information confidential to the extent permitted by law. Comments on the burden should be sent to U.S. Small Business Administration, Chief, AIB, 409 3rd Street, S.W., Washington, D.C. 20416, and Desk Officer for the Small Business Administration, Office of Management and Budget, New Executive Office Building, Room 10202, Washington, D.C. 20503. OMB Approval ####-####.

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SBA Form 2244 (5/04) Previous edition obsolete