N.Y. State Finance Law 219 – Application procedure
§ 219. Application procedure. 1. The commissioner of economic development shall establish procedures and other requirements for participation in the program, and shall provide a simplified application form to the participating lenders for linked deposits. Such form shall reflect the qualifying information required by this article for eligible businesses and shall contain a statement by the applicant that inability to obtain the reduced interest rate provided by the program would impede the ability of the applicant to undertake the eligible project. Upon completion of any application for a linked deposit, the lender shall send the application, together with the interest rate certification required pursuant to section two hundred eighteen of this article, to the commissioner of economic development who shall either approve or reject the application within twenty-eight days. The commissioner of economic development shall evaluate each application based upon the following criteria:
Terms Used In N.Y. State Finance Law 219
- Authorized depositor: means the comptroller with respect to linked deposits made by the comptroller and the commissioner of taxation and finance with respect to linked deposits made by the commissioner of taxation and finance. See N.Y. State Finance Law 213
- Eligible business: means :
(a) a manufacturing firm or agricultural business which employs five hundred or fewer employees within the state on a full-time basis; or
(b) any certified business in an empire zone which business employs one hundred or fewer employees within the state on a full-time basis; or
(b-1) during the whole or any portion of a period in which an area continues to be designated as a renewal community, any renewal community business located in such area that employs one hundred or fewer employees within the state on a full-time basis; or
(b-2) during the whole or any portion of a period in which an area continues to be designated as an empowerment zone, any business located in such area that employs one hundred or fewer employees within the state on a full-time basis; or
(b-3) during the whole or any portion of a period in which an area continues to be designated as an enterprise community, any business located in such area that employs one hundred or fewer employees within the state on a full-time basis; or
(c) any firm seeking financing through the program for an export project, which firm employs one hundred or fewer employees within the state on a full-time basis; or
(d) any business located in a highly distressed area, which business:
(i) is not a retail business, unless financing provided through the program would promote the preservation of existing jobs or an increase in the overall number of retail jobs in the area; and
(ii) employs one hundred or fewer employees within the state on a full-time basis; or
(e) any certified minority-or women-owned business seeking financing necessary to carry out a procurement contract with an agency or authority or other entity of the state or federal government; or
(f) any service business that is independently owned and operated, is not dominant in its field, employs one hundred or fewer persons on a full-time basis within the state, and is seeking financing through the program for a project that will result in the retention or creation of permanent private sector jobs within the state, other than a business that sells a service rendered at a facility personally by an individual for another individual, directly, without the intervention of a third party, or a professional service business such as health, legal, accounting, engineering, or architectural services; or
(g) a qualifying technology or innovation business which business employs one hundred or fewer employees within the state on a full-time basis and engages in:
(1) biotechnologies, which shall be defined as technologies involving the scientific manipulation of living organisms, especially at the molecular and/or the sub-molecular genetic level, to produce products conducive to improving the lives and health of plants, animals, and humans; and the associated scientific research, pharmacological, mechanical, and computational applications and services connected with these improvements;
(2) information and communication technologies, equipment and systems that involve advanced computer software and hardware, visualization technologies, and human interface technologies;
(3) advanced materials and processing technologies that involve the development, modification, or improvement of one or more materials or methods to produce devices and structures with improved performance characteristics or special functional attributes, or to activate, speed up, or otherwise alter chemical, biochemical, or medical processes;
(4) electronic and photonic devices and components for use in producing electronic, optoelectronic, mechanical equipment and products of electronic distribution with interactive media content;
(5) energy efficiency, renewable energy and environmental technologies, products, devices and services; or
(6) small scale systems integration and packaging; or
* (h) a community development financial institution. See N.Y. State Finance Law 213 - Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
- Lender: means :
(a) any commercial bank which is or shall become an approved depository of state funds under the provisions of section one hundred five of this chapter and which agrees to participate in the program; or
(b) any thrift or credit union which an authorized depositor determines is eligible to accept linked deposits based upon criteria applied by the authorized depositor in making determinations under section one hundred five of this chapter, and which agrees to participate in the program, provided that any linked deposit in such thrift or credit union shall be secured in the same manner as moneys deposited pursuant to section one hundred five of this chapter and such thrifts or credit unions shall pledge assets or furnish other security satisfactory in form and amount to the authorized depositor for the repayment of moneys. See N.Y. State Finance Law 213 - Linked deposit: means a deposit, or for farm credit system institutions and the New York business development corporation an investment eligible to be held by such institution or corporation placed with a lender by the comptroller or the commissioner of taxation and finance for a period of four years at the linked deposit interest rate, provided the lender agrees to:
(a) lend the equivalent value of such deposit to an eligible business at the interest rate provided in section two hundred eighteen of this article; and
(b) permit the deposit to be comprised of a series of ninety day deposits each bearing an interest rate equal to the linked deposit interest rate fixed at the time the original deposit is placed. See N.Y. State Finance Law 213 - Linked loan: means a loan for purposes of an eligible project, in an amount equal to a linked deposit and bearing interest for the first four years at the interest rate provided in section two hundred eighteen of this article. See N.Y. State Finance Law 213
- Program: means the excelsior linked deposit program. See N.Y. State Finance Law 213
(a) the significance of the eligible project for improving the competitive position and profitability of the eligible business;
(b) the materiality of a reduced cost of borrowing through a linked loan to the ability of the eligible business to undertake the eligible project;
(c) the number of jobs likely to be created or retained, or other substantial economic benefits likely to be achieved as a result of the linked loan; and
(d) such other criteria as the commissioner of economic development determines relevant.
2. If the deposit application is approved by the commissioner of economic development, the commissioner shall notify an authorized depositor that the commissioner has determined that the application satisfies the requirements of this article, and the commissioner shall request the authorized depositor to deposit funds with the lender in accordance with section ninety-eight-a of this chapter and with the authorized depositor's established procedures. Such deposits shall be secured in accordance with the provisions of section one hundred five of this chapter, and lenders receiving such deposits shall satisfy, in the sole judgment of the authorized depositor, all collateral and other requirements generally applied by the authorized depositor to funds invested by it. The notified authorized depositor and the lender shall enter into a written deposit agreement. In no event shall any defect in any such agreement be asserted as a defense by a borrower on a linked loan made pursuant to the program.