New
Jersey sets no limits on small loan interest rates and so therefore permit payday
loans by omission.
34:1B-51. Loans, other extensions
of credit
a. The authority may make long-term or short-term loans or other
extensions of credit to eligible businesses under terms and conditions established
by the authority. The authority shall establish uniform underwriting standards
for loans and other extensions of credit, which shall include minimum equity requirements,
and the use by the businesses of an approved accounting system. The authority
may, either as a condition of granting the loan or at any time during the term
of the loan, and in conjunction with the Commissioner of the Department of Commerce
and Economic Development, require the use by the businesses of technical assistance
approved by it.
b. The authority may cooperate with
the New Jersey Economic Development Authority and the federal Small Business Administration
in arranging assistance for eligible businesses or may participate with these
agencies in providing loans or other extensions of credit to eligible businesses.
c. The authority may contract with any depository
institution to maintain a portion of its funds on deposit for a specified period
of time at a specified rate of interest as part of an arrangement whereby the
depository institution agrees to make loans or other extensions of credit to eligible
businesses, except that the compensating balance so deposited shall not be treated
as a guarantee.
L. 1985, c. 386, s. 5, eff. Dec.
18, 1985.
34:1B-52. Waiver of bonding requirements
a. The authority
shall establish requirements as may be necessary and practical for the use of
minority or women's businesses on projects financed in whole or in part by the
authority. The authority may waive bonding requirements in full or in part in
order to facilitate the use of a minority or women's business if:
(1) The minority or women's business has been rejected by two surety companies
authorized to do business in this State; and
(2)
The minority or women's business meets the underwriting standards established
pursuant to subsection p. of section 4 of this act.
The authority may require a cash deposit, increase the amount of retention, or
limit or eliminate periodic payments. No waiver may be extended more than three
times to any one contractor.
b. The authority may
provide assistance to eligible businesses which are unable to secure bonding for
projects other than those financed by the authority. Upon presentation of evidence
in writing that an eligible business has been rejected by two surety companies
authorized to do business in this State, and if the applicant meets the underwriting
standards established pursuant to subsection p. of section 4 of this act, the
authority may guarantee the performance of the applicant through a letter of credit
or by other means.
L. 1985, c. 386, s. 6, eff. Dec.
18, 1985.
34:1B-53. Issuance of bonds
The authority shall, by resolution
of the board, have the power to incur indebtedness, borrow money and issue bonds
to provide long-term and short-term financing to eligible businesses pursuant
to the provisions of this act. Every issue of its bonds shall be general obligations
of the authority payable from any revenues of the authority, subject only to agreements
with the holders of particular bonds or notes pledging any particular revenues
or moneys. The bonds may be issued in one or more series and shall bear dates,
mature at times not exceeding 40 years, bear interest at rates, be in a form,
either coupon or registered, carry any conversion or registration privileges,
have any rank or priority, be executed in a manner, be payable from a source in
a medium of payment at places inside or outside the State, and be subject to any
terms of redemption, with or without premium, as the resolution may provide. Bonds
of the authority may be sold by the authority at a public or private sale at prices
as the authority may determine.
L. 1985, c. 386,
s. 7, eff. Dec. 18, 1985.