Page:United States Statutes at Large Volume 110 Part 1.djvu/180

 110 STAT. 156 PUBLIC LAW 104-104—FEB. 8, 1996 with the requirements of the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.) and any other appHcable law to an eligible small business on the basis of— "(1) the analysis of the business plan of the eligible small business; "(2) the reasonable availability of collateral to secure the loan or credit extension; "(3) the extent to which the loan or credit extension promotes the purposes of this section; and "(4) other lending policies as defined by the Board. "(g) RETURN OF ADVANCES.—Any advances appropriated pursuant to subsection (d)(2) shall be disbursed upon such terms and conditions (including conditions relating to the time or times of repayment) as are specified in any appropriations Act providing such advances. "(h) GENERAL CORPORATE POWERS. — The Fund shall have power— "(1) to sue and be sued, complain and defend, in its corporate name and through its own counsel; "(2) to adopt, alter, and use the corporate seal, which shall be judicially noticed; "(3) to adopt, amend, and repeal by its Board of Directors, bylaws, rules, and regulations as may be necessary for the conduct of its business; "(4) to conduct its business, carry on its operations, and have officers and exercise the power granted by this section in any State without regard to any qualification or similar statute in any State; "(5) to lease, purchase, or otherwise acquire, own, hold, improve, use, or otherwise deal in and with any property, real, personal, or mixed, or any interest therein, wherever situated, for the purposes of the Fund; "(6) to accept gifts or donations of services, or of property, real, personal, or mixed, tangible or intangible, in aid of any of the purposes of the Fund; "(7) to sell, convey, mortgage, pledge, lease, exchange, and otherwise dispose of its property and assets; "(8) to appoint such officers, attorneys, employees, and agents as may be required, to determine their qualifications, to define their duties, to fix their salaries, require bonds for them, and fix the penalty thereof; and "(9) to enter into contracts, to execute instruments, to incur liabilities, to make loans and equity investment, and to do all things as are necessary or incidental to the proper management of its affairs and the proper conduct of its business. "(i) ACCOUNTING, AUDITING, AND REPORTING.— The accounts of the Fund shall be audited annually. Such audits shall be conducted in accordance with generally accepted auditing standards by independent certified public accountants. A report of each such audit shall be furnished to the Secretary of the Treasury and the Commission. The representatives of the Secretary and the Commission shall have access to all books, accounts, financial records, reports, files, and all other papers, things, or property belonging to or in use by the Fund and necessary to facilitate the audit. "(j) REPORT ON AUDITS BY TREASURY.— A report of each such audit for a fiscal year shall be made by the Secretary of the

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