6-09.9 Family Farm Survival Act
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<![CDATA[CHAPTER 6-09.9FAMILY FARM SURVIVAL ACT6-09.9-01. Short title. This chapter may be known as the Family Farm Survival Act of1985.6-09.9-02. Definitions. In this chapter, unless the context or subject matter otherwiserequires:1."Farmer" means a resident of this state who owns or operates an existing farm or<br>ranch operation, and has a debt-to-asset ratio of fifty percent or greater or a net<br>worth of less than an amount determined by the Bank of North Dakota.Theindustrial commission may adopt additional eligibility criteria in determining who is a<br>farmer eligible for loans under this chapter.2."Operating loan" means a loan or extension of credit with a term of one year or less<br>made by a nongovernmental financial institution to a farmer for the operation of an<br>existing farm or ranch operation.An operating loan includes a farmers homeadministration subordinated operating loan and guaranteed operating loan and may<br>be further defined by rule of the industrial commission.6-09.9-03. Operating loans - Participation by the Bank of North Dakota.1.The Bank of North Dakota shall make available an appropriate amount of funds to<br>purchase participation interests in operating loans to farmers. Interest charged on a<br>participation interest purchased by the Bank under this section may not exceed one<br>percent less than the Bank's base rate, as it may be established from time to time.<br>The Bank may charge necessary and reasonable fees as determined by the<br>industrial commission.2.The amount of a participation interest purchased by the Bank under this section may<br>not be greater than sixty-five percent of the loan amount or an amount determined<br>by the Bank, whichever is less. The term of any participation interest purchased<br>under this section may not exceed one year.3.The Bank and the originating financial institution shall determine whether a borrower<br>must obtain insurance on property pledged as security for a loan under this chapter.6-09.9-04. Participation loans by private financial institutions.1.The industrial commission may adopt rules relating to the maximum rate of interest<br>charged on the portion of the operating loan retained by a participating financial<br>institution.2.All participation interests purchased are subject to the review and approval of the<br>Bank.6-09.9-05. Interest buydown.1.There is hereby established an interest rate buydown fund to be maintained by the<br>industrial commission at the Bank of North Dakota.2.The industrial commission may buy down or reduce the interest paid by a farmer or<br>agribusiness on the Bank's portion of the participation operating loans by up to an<br>additional five percentage points a year below the amount provided in section<br>6-09.9-03.Page No. 13.Any interest buydown provided under this section must be repaid by the farmer or<br>agribusiness not later than July 1, 1991, under terms approved by the Bank of North<br>Dakota and pursuant to rules adopted by the industrial commission.Moneycollected under this subsection must be deposited in the fire and tornado fund in the<br>state treasury.6-09.9-06. Agribusinesses. Repealed by S.L. 1989, ch. 117, </p>
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