§ 101.4 List of public-use SBA forms. Number L... 1A. 4-Part I. 4-Part II. 4 Schedule A... 4A.. 4B. 4C.... 4H. 5... 5B. 7-67 ND 560-1.. 5C. 6B.. 74.. 74A. 2-68 ND 615-1A. 74B. 6-66 115ML 3-68 136.. 136B. 137.. 138A.. 138B.. 139.. 143.. 147. 147A. 148.. 148A. 148B. 152.. 152A.. 153.. 153A. 10-67 Application for Loan-Statement of Personal History.. Essential Information for Substantial Economic Injury P Convalescent Nursing Homes.. Application for Disaster Loan-Business. Application for Disaster Loan of $2,500 or Less.. Application for Certificate of Competency... Instructions for the Preparation of SBA Forms 74 and Monthly Cash Flow Projection............ Loan Agreement (Loan Guaranty Plan). Note Standby Agreement (Participation Loan). Certificate of Interest. Participation Certificate. Compensation Agreement for Services in Connection with Resolution of Board of Directors.. Certificate as to Partners... Loan Agreement... PPPR Registration of Manufacturing Facilities for Small Busi- R ness Concerns. Registration of Construction-General Contractor or Serv- R ice Facilities for Small Business Concerns. Record of Concerns Activity in the Forest Products In- R dustry. P Report of Transactions on Loans Serviced by Banks.. Notice of Assignment.. Loan Repayment Schedule.. Amortization Schedule. P P Notice of Loan Payment Past Due.. P Accounting Advice.. PC Insurance Record and Tickler.. P 1 EXPLANATION OF REFERENCE SYMBOLS: P&PC-SBA forms used by the public when applying for or obtaining SBA assistance or when providing (Forms available in both the Central Office and field offices.).. R&RC-SBA forms used by SBA or under SBA sponsorship to solicit information from 10 or more (Forms available in both the Central Office and field offices.). [Amdt. 11, 33 F.R. 15475, Oct. 18, 1968] § 101.5 Statutory provisions. SEC. 5. (a) The Administration shall have power to adopt, alter, and use a seal, which shall be judicially noticed. The Administrator is authorized, subject to the civilservice and classification laws, to select, employ, appoint, and fix the compensation of such officers, employees, attorneys, and agents as shall be necessary to carry out the provisons of this Act; to define their authority and duties; to provide bonds for them in such amounts as the Administrator shall determine; and to pay the costs of qualification of certain of them as notaries public. The Administration, with the consent of any board, commission, independent establishment, or executive department of the Government, may avail itself on a reimbursable or nonreimbursable basis of the use of information, services, facilities (including any field service thereof), officers, and employees thereof, in carrying out the provisions of this Act. Subject to the standards and procedures under section 505 of the Classification Act of 1949, as amended, not to exceed fifteen positions in the Administration may be placed in grades 16, 17, and 18 of the General Schedule established by that Act, and any such positions shall be additional to the number authorized by such section. (b) In the performance of, and with respect to, the functions, powers, and duties vested in him by this Act the Administrator may P PC R RC (1) Sue and be sued in any court of record of a State having general jurisdiction, or in any United States district court, and jurisdiction is conferred upon such district court to determine such controversies without regard to the amount in controversy; but no attachment, injunction, garnishment, or other similar process, mesne of final, shall be Issued against the Administrator or his property; (2) Under regulations prescribed by him, assign or sell at public or private sale, or otherwise dispose of for cash or credit, in his discretion and upon such terms and conditions and for such consideration as the Administrator shall determine to be reasonable, any evidence of debt, contract, claim, personal property, or security assigned to or held by him in connection with the payment of loans granted under this Act, and to collect or compromise all obligations assigned to or held by him and all legal or equitable rights accruing to him in connection with the payment of such loans until such time as such obligations may be referred to the Attorney General for suit or collection; (3) Deal with, complete, renovate, improve, modernize, insure, or rent, or sell for cash or credit upon such terms and conditions and for such consideration as the Administrator shall determine to be reasonable, any real property conveyed to or otherwise acquired by him in connection with the payment of loans granted under this Act; (c) To such extent as he finds necessary to carry out the provisions of this Act, the Administrator is authorized to procure the temporary (not in excess of one year) or Intermittent services of experts or consultants or organizations thereof, including stenographic reporting services, by contract or appointment, and in such cases such services shall be without regard to the civilservice and classification laws and, except in the case of stenographic reporting services by organizations, without regard to section 3709 of the Revised Statutes, as amended (41 U.S.C. sec. 5). Any individual so employed may be compensated at a rate not in excess of $50 per diem, and, while such individual is away from his home or regular place of business, he may be allowed transportation and not to exceed $15 per diem in lieu of subsistence and other expenses. [23 F.R. 10507, Dec. 31, 1958] (4) Pursue to final collection, by way of compromise or otherwise, all claims against third parties assigned to the Administrator in connection with loans made by him. This shall include authority to obtain deficiency judgments or otherwise in the case of mortgages assigned to the Administrator. Section 3709 of the Revised Statutes, as amended (41 U.S.C., sec. 5), shall not be construed to apply to any contract of hazard insurance or to any purchase or contract for services or supplies on account of property obtained by the Administrator as a result of loans made under this Act if the premium therefor or the amount thereof does not exceed $1,000. The power to convey and to execute in the name of the Administrator deeds of conveyance, deeds of release, assignments and satisfactions of mortgages, and any other written instrument relating to real property or any interest therein acquired by the Administrator pursuant to the provisions of this Act may be exercised by the Administrator or by any officer or agent appointed by him without the execution of any express delegation of power or power of attorney. Nothing in this section shall be construed to prevent the Administrator from delegating such power by order or by power of attorney, in his discretion, to any officer or agent he may appoint; (5) Acquire, in any lawful manner, any property (real, personal, or mixed, tangible or intangible), whenever deemed necessary or appropriate to the conduct of the activities authorized in sections 7(a) and 7(b); (6) Make such rules and regulations as he deems necessary to carry out the authority vested in him by or pursuant to this Act; § 101.5-1 (7) In addition to any powers, functions, privileges, and immunities otherwise vested in him, take any and all actions, including the procurement of the services of attorneys by contract, determined by him to be necessary or desirable in making, servicing, compromising, modifying, liquidating, or otherwise dealing with or realizing on loans made under the provisions of this Act; but no attorneys' services shall be procured by contract in any office where an attorney or attorneys are or can be economically employed full time to render such services; (8) Pay the transportation expenses and per diem in lieu of subsistence expenses, in accordance with the Travel Expense Act of 1949, for travel of any person employed by the Administration to render temporary services not in excess of six months in connection with any disaster referred to in section 7(b) from place of appointment to, and while at, the disaster area and any other temporary posts of duty and return upon completion of the assignment; and Seal. SMALL * USINESS * ADMINISTRATION 1953 [Amdt. 14, 35 F.R. 10753, July 2, 1970] § 101.5-2 Litigation. Service of process in any suit instituted against SBA may be accomplished in accordance with the provisions of Rule 4 of the Federal Rules of Civil Procedure or in accordance with the provisions of section 2410 of Title 28, United States Code. All litigation instituted by or against SBA will be prosecuted or defended by the Attorney General through the United States Attorney for the Federal District in which the matter arises. [23 F.R. 10508, Dec. 31, 1958] (9) Accept, the services and facilities of Federal, State, and local agencies and groups, both public and private, and utilize such gratuitous services and facilities as may, from time to time, be necessary, to further the objectives of section 7(b). § 101.5-3 Employment of fee counsel. (a) Business loans. SBA employs attorneys on a full-time basis in each of its 15 Regional Offices and these employees usually perform all the legal services requested on behalf of SBA in the making of business loans. The loan applicant or borrower usually employs his own attorney to represent his interests, and this attorney is selected and paid by the applicant or borrower, except that the reasonableness of the fee |