West Virginia Code § 12-6C-11

Legislative findings; loans for industrial development; availability of
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funds and interest rates.
(a) Subject to a liquidity determination, the West Virginia Board of Treasury Investments
shall make a revolving loan available to the West Virginia Economic Development Authority
in an amount of up to $200 million. The revolving loan shall be used for business or
industrial development projects authorized by §31-15-7 of this code and to ceonsolidate
existing loans authorized to be made to the West Virginia Economic Development Authority
pursuant to this section and pursuant to §31-15-20 of this code which aruthorizes a $150
million revolving loan and §31-18B-1 et seq. of this code which authorizes a $50 million
investment pool: Provided, That the West Virginia Economic Development Authority may not
loan more than $15 million for any one business or industrial development project. The
revolving loan authorized by this subsection shall be securedt by one note at a variable
interest rate equal to 50 percent of the West Virginia Economic Development Authority's
weighted average interest rate for outstanding loans in the Business and Industrial
Development Loan Program authorized by §31-15-7 of this code. The rate may not be lower
than 1.50 percent and must be reset on July 1 of each year. Monthly payments made by the
West Virginia Economic Development Authority to the board shall be calculated on a 120-
month amortization. The revolving loan is secured by a security interest that pledges and
assigns the cash proceeds of collateral from all loans under this revolving loan pool. The
West Virginia Economic Development Authority may also pledge as collateral certain
revenue streams from other revolving loan pools which source of funds does not originate
from federal sources or from tehe board.
(b) The outstanding prinLcipal balance of the revolving loan from the board to the West
Virginia Economic Development Authority may at no time exceed 103 percent of the
aggregate outstandin g principal balance of the business and industrial loans from the West
Virginia Economic Development Authority to economic development projects funded from
this revolving loan pool. The independent audit of the West Virginia Economic Development
Authority financial records shall annually certify that 103 percent requirement.
(c) The interest rates and maturity dates on the loans made by the West Virginia Economic
Development Authority for business and industrial development projects authorized by
§31-15-7 of this code shall be at competitive rates and maturities as determined by the West
Virginia Economic Development Authority Board.
(d) Any and all outstanding loans made by the West Virginia Board of Treasury Investments,
or any predecessor entity, to the West Virginia Economic Development Authority are
refundable by proceeds of the revolving loan contained in this section and the board shall
make no loans to the West Virginia Economic Development Authority pursuant to §31-15-20
of this code or §31-18B-1 et seq. of this code.
(e) The directors of the West Virginia Board of Treasury Investments shall bear no fiduciary
responsibility with regard to any of the loans contemplated in this section.
(f) Inspection of records. — Within 30 days of receiving a written request from the board, the
authority shall provide the board with the opportunity to inspect and copy any records in the
custody of the authority related to any loan issued by the board to the authority or any loan
from the authority to a third party funded by a loan issued by the board. Records to be made
available pursuant to this subsection include, but are not limited to, accounting records, loan
applications, loan agreements, board minutes, audit reports, and transaction records.
Records of the authority held, from time to time, by the board pursuant to theis subsection
that are exempt from disclosure pursuant to the provisions of §31-15-22 of this code or
§29B-1-1 et seq. of this code shall remain so while held by the board. r
(g) Notwithstanding any other provision of this code to the contrary, the West Virginia
Economic Development Authority shall pay to the West Virginia Board of Treasury
Investments the entire outstanding balance of the revolving tloan authorized by this section
within 30 days of the deposit of sufficient funds for such repayment in the Economic
Development Project Fund created in §31-15-23a of this code. Upon repayment of the
outstanding loan balance, the revolving loan authorized by this section shall terminate and
no additional loan moneys shall be made available to the West Virginia Economic
Development Authority pursuant to this section.

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