[§211D-5]  Provisions relating to capital
access loan.  (a)  Except as otherwise provided by this chapter, the
department may not determine the recipient, amount, or interest rate of a
capital access loan or the fees or other requirements related to the loan.



(b)  A loan is not eligible to be enrolled
under this chapter if the loan is for:



(1)  Construction or purchase of residential housing;



(2)  Simple real estate investments, excluding the
development or improvement of commercial real estate occupied by the borrower's
business or organization;



(3)  Refinancing of existing loans not originally
enrolled under this chapter; or



(4)  Inside bank transactions, as defined by the
department.



(c)  The borrower of a capital access loan
shall apply the loan to working capital or to the purchase, construction, or
lease of capital assets, including buildings and equipment used by the business
or nonprofit organization.  Working capital uses include the cost of exporting,
accounts receivable, payroll, inventory, and other financing needs of the
business or organization.



(d)  A capital access loan may be sold on the
secondary market under conditions as may be determined by the department.



(e)  When enrolling a loan in the program, a
participating financial institution may specify an amount to be covered under
the program that is less than the total amount of the loan. [L 2000, c 290, pt
of §2]