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13 CFR 107.855 limits the maximum annual Cost of Money (as defined in 13 CFR § 107.50) that may be imposed upon a Small Business in connection with Financing by means of Loans or through the purchase of Debt Securities. The cited regulation incorporates the term “Debenture Rate”, which is defined in 13 CFR § 107.50 as the interest rate, as published from time to time in the
Federal Register
by SBA, for ten year debentures issued by Licensees and funded through public sales of certificates bearing SBA's guarantee.
Accordingly, Licensees are hereby notified that effective the date of publication of this Notice, and until further notice, the Debenture Rate, plus the 1 percent annual fee which is added to this Rate to determine a base rate for computation of maximum Cost of Money, is 7.353 percent per annum.
13 CFR 107.855 does not supersede or preempt any applicable law imposing an interest ceiling lower than the ceiling imposed by its own terms. Attention is directed to Section 308(i) of the Small Business Investment Act of 1958, as amended, regarding that law's Federal override of State usury ceilings, and to its forfeiture and penalty provisions.
(Catalog of Federal Domestic Assistance Program No. 59.011, small business investment companies)