Title 20, Chapter 3, Section 272
( 20-3-272)
(a) Corporation billing and report services. Pursuant to the federal
act, each lender must submit to the secretary such reports as he may
require and must prepare and submit billings for the payment of
federal interest subsidies and special allowances due the lender on
loans held by the lender when the federal act provides for their
payment by the United States on behalf of borrowers during the
in-school, grace, and deferment periods of time. The corporation is
not required but is authorized, pursuant to its regulations and the
terms of an agreement between it and a lender but subject to any
limitations imposed by the federal act, to prepare, without charge
to the lender, the lender's periodic billings for federal interest
subsidies and special allowances due on loans held by the lender and
to submit them on behalf of the lender to the secretary for payment
by the United States directly to the lender or to the corporation
for and on behalf of the lender; and it is further authorized, but
not required, to prepare and submit on behalf of lenders any
statistical type of report required of lenders by the secretary.
Interest billings and reports prepared and submitted on behalf of a
lender pursuant to this Code section shall be prepared on the basis
of individual borrower account records of the lender, as reflected
on the records of the corporation as a result of loan transaction
data reported to the corporation by the lender, but without warranty
by or liability therefor of the corporation. A copy of each interest
billing submitted to the secretary on behalf of a lender, including
a copy of the corporation's computation of interest and allowances
due the lender and the lender's loan transaction and account data on
which the computation is made, shall be furnished to the lender upon
payment thereof; and the lender shall be responsible therefor. It
shall be the duty of each such lender to audit the copies for
completeness and accuracy, post payments received to its records,
and to report any correction of loan transaction data to the
corporation so that the corporation's records can be corrected and
so that any interest adjustment that needs to be made can be made on
the next subsequent interest billing prepared for the lender. Any
overpayment of federal interest subsidies or special allowances to a
lender on behalf of a borrower by the United States or of state
interest subsidies or loan discount payments by the state, and
repayment thereof, shall be the responsibility of the borrower or
the lender. Services provided for a lender by the corporation under
this Code section are declared to be purely clerical and ministerial
only and provided to the lender without charge as a convenience to
the lender. (b) Use of state funds to accelerate federal payments. In the event
the United States makes the federal payments referred to in
subsection (a) of this Code section to lenders through the
corporation, the corporation is authorized, in order to accelerate
and pay them to lenders as early as possible after the end of each
calendar quarter, to use temporarily for this purpose any available
state funds that have been appropriated for use by the corporation
during the current fiscal year and state funds that have been
appropriated for use by the authority during the current fiscal year
which the authority may temporarily transfer to the corporation for
use by the corporation for this purpose, pending receipt by the
corporation of the payment from the United States and the transfer
of such authority funds back to the authority by the corporation. |