12 U.S.C. § 3043 — Advances

Page 1490 TITLE 12—BANKS AND BANKING § 3043 (Pub. L. 95–351, title II, § 202, Aug. 20, 1978, 92 Stat. 511; Pub. L. 97–35, title III, § 395(b)(1), Aug. 13, 1981, 95 Stat. 438.) Editorial Notes AMENDMENTS 1981—Pub. L. 97–35 substituted provisions authorizing appropriations for fiscal year 1982, for provisions au- thorizing appropriations for the fiscal year ending Sept. 30, 1979, and the next two succeeding fiscal years. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–35 effective Oct. 1, 1981, see section 395(b)(3) of Pub. L. 97–35, set out as a note under section 3014 of this title. § 3043. Advances (a) Capital investment advances; criteria The Office may make a capital investment ad- vance to any eligible cooperative, either in con- junction with or without a loan if the Office de- termines that— (1)(A) the applicant’s initial or supplemental capital requirements exceeds its ability to ob- tain such capital through a loan under section 3018 of this title or from other sources; or (B) the membership of the applicant is, or will consist, substantially of low-income per- sons, as defined by the Board of Directors, or the applicant proposes to undertake to provide specialized goods, services, or facilities to serve their needs; and (2) the applicant cannot obtain sufficient funds through a loan under section 3018 of this title or otherwise, and the applicant presents a plan which the Office determines will permit the replacement of a capital investment ad- vance out of member equities within a period not to exceed thirty years. (b) Interest supplement advances; criteria; amount The Office may make advances to pay all or part of the interest payable to the Bank or any other lender by an eligible cooperative applicant which the Office determines cannot pay a mar- ket rate of interest because it sells goods or services to, or provides facilities for the use of, persons of low income: Provided, That such ad- vances will not exceed an amount equal to 4 per centum of the principal amount of the indebted- ness of such applicant to the Bank or such other lender for any year in which the net income of the cooperative is insufficient to meet scheduled interest payments. (c) Interest rate applicable to advances Capital investment advances made by the Of- fice pursuant to subsection (a) and interest sup- plement advances made by the Office pursuant to subsection (b) shall bear interest at a rate de- termined by the Board of Directors of the Bank, and the Board of Directors may authorize an in- terest rate applicable to such advances lower than the rate applicable to loans by the Bank pursuant to section 3018 of this title. (Pub. L. 95–351, title II, § 203, Aug. 20, 1978, 92 Stat. 512; Pub. L. 97–35, title III, § 396(g), Aug. 13, 1981, 95 Stat. 440.) Editorial Notes AMENDMENTS 1981—Subsecs. (a), (b). Pub. L. 97–35 struck out ref- erences to the Account wherever appearing. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–35 effective on the day after the Final Government Equity Redemption Date (Dec. 31, 1981), see section 396(i) of Pub. L. 97–35, set out as a note under section 3011 of this title. § 3044. Services and information for organiza- tion, financing, and management of coopera- tives; availability; agreements for develop- ment and dissemination; funding The Office shall make available information and services concerning the organization, fi- nancing, and management of cooperatives to best achieve the objectives of this chapter and to best provide the means through which various types of goods, services, and facilities can be made available to members and patrons. The Of- fice may enter into agreements with other agen- cies of Federal, State, and local governments, colleges and universities, foundations, or other organizations for the development and dissemi- nation of such information, and services de- scribed in this subchapter. The Office may make or accept grants or transfer of funds for such purposes. (Pub. L. 95–351, title II, § 204, Aug. 20, 1978, 92 Stat. 512.) § 3045. Investigations and surveys respecting new services, etc., by cooperative not-for- profit organizations The Office may undertake investigations of new types of services which can more effectively be provided through cooperative not-for-profit organizations and make surveys of areas where the increased use of such organizations will con- tribute to the economic well-being of the com- munity. (Pub. L. 95–351, title II, § 205, Aug. 20, 1978, 92 Stat. 512.) § 3046. Financial analysis and market surveys at request of eligible cooperative The Office may, at the request of any eligible cooperative, provide a financial analysis of the applicant’s capital structure and needs and its cost of operations, survey the market for the goods or services the cooperative makes or de- sires to make available to its members or pa- trons or the users of its facilities. (Pub. L. 95–351, title II, § 206, Aug. 20, 1978, 92 Stat. 513.) § 3047. Programs for training directors and staff of eligible cooperatives, and public edu- cation; development and availability; scope and implementation The Office shall develop and make available, alone or in concert with other organizations, a program for training directors and staff of eligi- ble cooperatives to improve their understanding