Section 44.81.215. Lending powers of the bank.

   (a) The bank may
        (1) make loans to individuals, including married couples, who are residents of the state and who are engaged in commercial agriculture or fishing, including harvesters, processors, suppliers, and marketers, if at least one of the primary obligors on the loan is a member of the bank;
        (2) make loans to corporations, partnerships, or limited liability companies engaged in commercial agriculture or fishing if the majority interest of the corporation, partnership, or limited liability company is beneficially owned by residents of the state and a majority of the owners are residents of the state, and if at least one of the primary obligors on a loan is a member of the bank; however, the bank may not make a loan under this paragraph to a corporation, partnership, or limited liability company for the purchase of a new or existing fishing boat or for the repair or renovation of an existing fishing boat if the primary purpose of the fishing boat is to commercially harvest fishery resources, unless the corporation, partnership, or limited liability company is wholly owned and controlled by residents of the state, and unless at least one of the primary obligors on the loan is a member of the bank;
        (3) make loans for limited entry permits to individuals who fish commercially if the individual is a state resident; loans made under this paragraph are subject to AS 44.81.231;
        (4) make loans to individuals, including married couples, who are residents of the state and who will use the loan proceeds to commercially engage in tourism within the state if at least one of the primary obligors on the loan is a member of the bank;
        (5) make loans to corporations, partnerships, or limited liability companies that will use the loan proceeds to commercially engage in tourism within the state if the majority interest of the corporation, partnership, or limited liability company is beneficially owned by residents of the state and a majority of the owners are residents of the state, and if at least one of the primary obligors on the loan is a member of the bank;
        (6) make loans to individuals, including married couples, who are residents of the state and who will use the loan proceeds to commercially engage in the development or exploitation of natural resources within the state if at least one of the primary obligors on the loan is a member of the bank;
        (7) make loans to corporations, partnerships, or limited liability companies that will use the loan proceeds to commercially engage in the development or exploitation of natural resources within the state if the majority interest of the corporation, partnership, or limited liability company is beneficially owned by residents of the state and a majority of the owners are residents of the state, and if at least one of the primary obligors on the loan is a member of the bank;
        (8) make a loan for capital investment or operating capital to a shore-based fish processor, a timber processor, or an agricultural processor or harvester who does not meet the residency or resident ownership requirements of (1) or (2) of this section but meets the other requirements of (1) or (2) of this section, if a facility of the processor or harvester is located in the state and the majority interest in the processor or harvester is beneficially owned by residents of the United States;
        (9) make a loan to a person, regardless of residency, if the board determines that the loan is necessary to preserve the value of property held by the bank as security for a loan that was made under AS 44.81.210 or this section and that is in default;
        (10) make loans, as provided in (1), (2), (4) - (8), or (15) - (18) of this section, that are secured by liens subordinate to valid first liens and security agreements granted to another creditor;
        (11) accept the pledge of a limited entry permit as security for a loan made under this chapter subject to the conditions set out in AS 44.81.236 on pledges of limited entry permits;
        (12) make loans in participation with other lenders as provided in (1), (2), (4) - (8), or (15) - (18) of this section, whether or not an obligor is a member of the bank;
        (13) purchase or acquire participations in loans from other lenders if the participations conform to the provisions of (1), (2), (4) - (8), or (15) - (18) of this section, whether or not an obligor is a member of the bank;
        (14) issue certificates of loan participation to members and to other individuals, corporations, partnerships, and limited liability companies, but the bank may not issue a certificate of loan participation if the certificate would allow participation by the member, individual, corporation, partnership, or limited liability company in loans that individually or cumulatively involve more than 20 percent of the commercial fishery entry permits issued for one type of gear in a specific fishery resource administrative area;
        (15) make a loan for a tourism-related operation to individuals, including married couples, who are not residents of the state, if
             (A) the individuals will use the loan proceeds to commercially engage in the operation in the state;
             (B) a facility of the operation is located in the state; and
             (C) at least one of the primary obligors on the loan is a member of the bank;
        (16) make a loan to a corporation, partnership, or limited liability company for a tourism-related operation when a majority of the owners of the corporation, partnership, or limited liability company are not residents of the state, if
             (A) the corporation, partnership, or limited liability company will use the loan proceeds to commercially engage in the operation in the state;
             (B) a facility of the operation is located in the state;
             (C) at least one of the primary obligors on the loan is a member of the bank; and
             (D) the majority interest in the corporation, partnership, or limited liability company is beneficially owned by residents of the United States;
        (17) make a loan to individuals, including married couples, who are not residents of the state for an operation that is dedicated to the development or exploitation of natural resources, if
             (A) the individuals will use the loan proceeds to commercially engage in the operation in the state;
             (B) a facility of the operation is located in the state; and
             (C) at least one of the primary obligors on the loan is a member of the bank;
        (18) make a loan to a corporation, partnership, or limited liability company in which a majority of the owners of the corporation, partnership, or limited liability company are not residents of the state, if the loan is for an operation that is dedicated to the development or exploitation of natural resources, and
             (A) the corporation, partnership, or limited liability company will use the loan proceeds to commercially engage in the operation in the state;
             (B) a facility of the operation is located in the state;
             (C) at least one of the primary obligors on the loan is a member of the bank; and
             (D) the majority interest in the corporation, partnership, or limited liability company is beneficially owned by residents of the United States.
   (b) When the bank is determining whether to make a loan, if a loan applicant intends to use the proposed loan collateral primarily in a salmon fishery, the bank shall consider, as part of its determination, whether the principles of conservation and sustained yield will limit the potential borrower's ability to repay the loan in a timely manner.
   (c) Before making a loan under this section, the board must find that the loan will not result in the displacement of an existing Alaskan-owned business.

Authorities

16.43.150;16.43.945;44.81.010

Notes

References

AS 16.43.150 Terms and conditions of entry permit; annual renewal.
AS 16.43.945 Commercial fishing privileges exempt from claims of creditors.
AS 44.81.010 Alaska Commercial Fishing and Agriculture Bank.

History

(Sec. 18 ch 34 SLA 1996; am Sec. 2 ch 102 SLA 2000; am Sec. 2, 3 ch 112 SLA 2014)