Title 20, Chapter 3, Section 275
( 20-3-275)
There are created, but not by way of limitation, the following
special funds for the purposes prescribed: (1) Loan guaranty fund. A loan guaranty fund shall be maintained
for the security of holders of loans guaranteed by the
corporation. The corporation is authorized to guarantee loans
pursuant to this part without limitation; provided, however, that
the amount of outstanding principal of loans guaranteed plus the
principal amount of loans guaranteed but not yet disbursed nor
canceled shall not at any time exceed 15 times the loan guaranty
fund balance. In determining the amount of loan principal that may
be guaranteed at any time by the corporation, however, there shall
be excluded from the computation of the required loan guaranty
fund balance 80 percent of the amount of outstanding principal of
loans guaranteed and 80 percent of the principal amount of loans
guaranteed but not yet disbursed nor canceled which are reinsured
by the United States pursuant to the federal act. There shall be
credited to the loan guaranty fund all moneys required by law to
be credited to the fund and other moneys available for and
determined by the corporation to be credited to the fund for the
purpose of providing security to the holders of loans guaranteed
by the corporation and other purposes authorized in accordance
with this part and the federal act. The fund shall be prudently
invested by the corporation to the maximum extent possible,
subject to requirements of the federal act; and all income derived
from investment of the fund shall be credited to the fund. Other
income, property, and property rights acquired by the corporation
as a result of administration of the fund shall be credited to and
become assets of the fund. There shall be paid out of the loan
guaranty fund all amounts expended by the corporation in discharge
of its guaranty obligations and such other amounts determined by
the corporation to be properly payable from the fund. Guaranty
fees collected and credited to the fund and income derived from
investment of the fund, except as limited by the federal act, may
be transferred to the administration fund. (2) Administration fund. An administration fund shall be
maintained for administration purposes of the corporation, to
which shall be credited state moneys, federal moneys, moneys
transferred from the loan guaranty fund or the state interest
subsidy and loan discount fund, and other moneys available for and
determined by the corporation to be applied for the purpose of
paying administration costs of the corporation. The corporation is
authorized to pay from the fund to the commission such amounts as
may be necessary to cover administration costs of the corporation
paid or to be paid by the commission for or on behalf of the
corporation. Moneys in the administration fund may be transferred
to the loan guaranty fund or to the state interest subsidy and
loan discount fund if not prohibited by the federal act. (3) State interest subsidy and loan discount fund. A state interest subsidy and loan discount fund shall be maintained by the corporation for the purpose of making state interest subsidy and loan discount payments to lenders pursuant to Code Sections 20-3-273 and 20-3-274. State funds appropriated for use by the corporation in making such payments to lenders, collections of state interest subsidy loans previously made from the fund on behalf of student borrowers pursuant to Code Section 20-3-274, moneys transferred to the fund from the administration fund or the loan guaranty fund not in conflict with the federal act, and other moneys available for and determined by the corporation to be applied for the purpose of making such state interest subsidy and loan discount payments to lenders shall be credited to and become a part of the fund. In the event that state interest subsidy and loan discount payments to lenders, as provided for in this part, shall be terminated, any remaining fund balance, after payment of outstanding obligations of the fund, shall be transferred to the administration fund. |