107.1620—Functions of agents, including Central Registration Agent, Selling Agent and Fiscal Agent.
(a) Agents.
SBA will appoint or cause to be appointed agent(s) to perform functions necessary to market and service Debentures, Participating Securities, or TCs pursuant to this part.
(1) Selling Agent.
As a condition of guaranteeing a Debenture or Participating Security, SBA shall cause each Licensee to appoint a Selling Agent to perform functions which include, but are not limited to:
(ii)
Receiving guaranteed Debentures and Participating Securities as well as negotiating the terms and conditions of periodic offerings of Debentures and/or TCs with Poolers on behalf of Licensees.
(iii)
Directing and coordinating periodic sales of Debentures and Participating Securities and/or TCs.
(iv)
Arranging for the production of the Offering Circular, certificates, and such other documents as may be required from time to time.
(ii)
Monitor and evaluate the financial markets to determine those factors that will minimize or reduce the cost of funding Debentures or Participating Securities.
(3) Central Registration Agent.
Pursuant to a contract entered into with SBA, the CRA, as SBA's agent, will do the following with respect to the Pools or Trust Certificates for the Debentures or Participating Securities:
(v)
Make periodic payments as scheduled or required by the terms of the TCs, and pay all amounts required to be paid upon prepayment of Debentures or redemption of Participating Securities;
(vi)
Hold, safeguard, and release all Debentures and Participating Securities constituting Trusts or Pools upon instructions from SBA;
(viii)
Provide for the registration of all pooled Debentures and Participating Securities, all Pools and Trusts, and all TCs;
(ix)
Perform such other functions as SBA may deem necessary to implement the provisions of this section.
(b) Functions.
The function of locating purchasers, and negotiating and closing the sale of Debentures, Participating Securities and TCs, may be performed either by SBA or an agent appointed by SBA. Nothing in the regulations in this part shall be interpreted to prevent the CRA from acting as SBA's agent for this purpose.