N.J. Admin. Code § 19:31J-1.9

Current through Register Vol. 56, No. 12, June 17, 2024

Section 19:31J-1.9 - Evaluation process for financial assistance

(a) When all of the required information is received, the Authority shall perform its own credit evaluation based on the following, as applicable:

1. Visitation to the applicant's place of business;

2. An analysis of historic and projected financial statements and a comparison to industry peers;

3. An independent industry study using source material such as the U.S. Department of Commerce's Industrial Outlook and the Standard and Poor's Industry Survey, comparing the applicant's projections to the study, and considering the short term and long term outlook for the industry;

4. Contact with applicant's customers to ascertain the quality of the product or service provided, the competitiveness of the pricing, reliability and timeliness of delivery, length of the relationship, likelihood of the relationship being continued, and the customers' opinions of the applicant's management;

5. Contact with applicant's suppliers to ascertain the length of the relationship, the amount of credit extended, the amount of purchases, payment history, the likelihood of the relationship being continued, and possibly an opinion of applicant's management;

6. Contact with applicant's suppliers to ascertain credit history and an opinion of the applicant's management;

7. An analysis of collateral available to secure the requested financing as to adequacy of amount, quality, condition and marketability; and

8. Independent credit investigations of the applicant and its principals, which may include real estate searches, financing statement searches, and judgment and lien searches.

(b) After completing (a) above, a determination shall be made as to the merits of the request and, if a loan, the likelihood of repayment, and the adequacy of the collateral available to secure the loan.

(c) If a positive determination is made, the requested financial assistance shall be presented to the members of the Authority for approval, or considered by authorized Authority staff through delegated authority, if applicable.

N.J. Admin. Code § 19:31J-1.9

Recodified from N.J.A.C. 19:31-11.7 and amended by R.2010 d.285, effective 12/6/2010.
See: 42 N.J.R. 2019(a), 42 N.J.R. 2969(a).
In the introductory paragraph of (a), inserted ", as applicable"; in (a)6, substituted "suppliers" for "bank(s)"; in (b), inserted "and, if a loan,", and substituted "loan" for "requested financial assistance" following "secure the"; and in (c), inserted ", or considered by authorized Authority staff through delegated authority, if applicable". Former N.J.A.C. 19:31-11.9, Disbursement of financial assistance, recodified to N.J.A.C. 19:31-11.11.

Recodified from 19:31-11.9 56 N.J.R. 807(a), effective 5/6/2024