description: tags: notentativeagreement

No Tentative Agreement

Proposed Regulatory LanguageCommittee II – Program IssuesQuick Fix:

No

Origin:

Fed UP # 81

Issue:

Change of Ownership

Regulatory Cite:

§600.21 Updating applicationinformation; §600.31 Change in ownership resulting in achange in control for private nonprofit, private for-profitand public institutions; §668.174 Past performance

Summary of Change:

This change will expand the currentdefinition of a family to include grandchildren, a spouse'schildren and grandchildren, and family members as a resultof remarriage.

Updated Information Since 3/6-8 meetings:

In §600.31(e), the draft language, "of the legal entitycovered by the institution's Program ParticipationAgreement" was replaced with "of all or part of an owner’sundivided interest in an institution, the institution’sparent corporation, or other legal entity that has signedthe institution’s Program Participation Agreement" to:(1) Clarify what entity is covered by the section(institution, parent corporation, or other entitythat signed the PPA). The school that signs the PPAmight be a separate corporation or it might be asole proprietorship or partnership (therefore, itwould be inaccurate to use just the term“corporation”). The exception could also be used iftransfer involved a parent corporation that owned asubsidiary corporation of which the institution is apart.(2) Clarify that an owner can transfer all or a part ofhis or her interest in the institution to triggerthe change. What the owner cannot do is try tobreak up the institution by transferring differentpieces of it to family members. An owner maytransfer any or all of the stock in a corporation ofwhich the institution is a part to the owner’s otherfamily members, but could not use the exemption to

transfer pieces of the institution to other familymembers by taking the assets out of one corporationand putting them into another corporation.

Tentative Agreement:

No

Change:§

600.21 Updating application information.* * * * * (f)

Definition.

The Secretary considers aA familymember includesofa person'sfamily to be his or her-- (1) Parentor stepparent, siblingor step-sibling, spouse, orchildor stepchild, or grandchild or step-grandchild; (2) Spouse's parentor stepparent, sibling or step-sibling,child or stepchild, or grandchild or step-grandchild;(3) Child's spouse; and(4) Sibling's spouse.* * * * *§ 600.31 Change in ownership resulting in a change incontrol for private nonprofit, private for-profit andpublic institutions.* * * * *(e)

Excluded transactions.

A change in ownership andcontrolreported under §600.21 andotherwise subject tothis section does not include a transfer of ownership andcontrolof all or part of an owner’s undivided interest inan institution, the institution’s parent corporation, orother legal entity that has signed covered by theinstitution’s Program Participation Agreementupon theretirement or death of the owner, to--(1)AFrom an owner to a “familymember" of that ownerof the owner's family,asdescribeddefinedin §600.3021(f); or (2)Upon the retirement or death of the owner, to aAperson with an ownership interest in the institution whohas been involved in management of the institution for atleast two years preceding the transferand who establishedand retainedthe ownership interest for at least two yearsprior to the transfer.* * * * *

§ 668.174 Past performance.* * * * *(c) Ownership interest.* * *(4)The Secretaryconsidersa"Familymember" is defined in §600.21(f)of a person's family to be a parent, sibling,spouse, child, spouse's parent or sibling, or sibling's orchild's spouse.* * * * *

Regulatory Language for Notice of Proposed Rulemaking:

PART 600 – INSTITUTIONAL ELIGIBILITY UNDER THE HIGHEREDUCATION ACT OF 1965, AS AMENDED1. The authority citation for part 600 is revised toread as follows:Authority: 20 U.S.C. 1001, 1002, 1003, 1088, 1091,1094, 1099b, and 1099c, unless otherwise noted.2. Section 600.21 is amended by revising paragraph(f) to read as follows:

§600.21 Updating application information.

* * * * *(f) Definition

.

A family member includes a person's--(1) Parent or stepparent, sibling or step-sibling,spouse, child or stepchild, or grandchild or step-grandchild;(2) Spouse's parent or stepparent, sibling or step-sibling, child or stepchild, or grandchild or step-grandchild;

Category:	Uncategorized.
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Upload Date:	01/23/2008
Copyright:	Attribution Non-commercial
Tags:	Government Government (fewer)

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