§ 116.8 Creditor forgiveness of debts owed by ongoing committees; Commission review.

  1. a. (a) General requirements. A creditor may forgive the outstanding balance of a debt owed by an ongoing committee if the creditor and the ongoing committee have satisfied the requirements of 11 CFR 116.3 or 116.5, as appropriate, regarding extensions of credit by commercial vendors and advances by committee staff and other individuals, and the debt has been outstanding for at least twenty-four months, and—

    1. 1. (1) The creditor has exercised reasonable diligence in attempting to locate the ongoing committee and has been unable to do so; or

    2. 2. (2) The ongoing committee

      1. i. (i) Does not have sufficient cash on hand to pay the creditor;

      2. ii. (ii) Has receipts of less than $1000 during the previous twenty-four months;

      3. iii. (iii) Has disbursements of less than $1000 during the previous twenty-four months; and

      4. iv. (iv) Owes debts to other creditors of such magnitude that the creditor could reasonably conclude that the ongoing committee will not pay this particular debt.

  2. b. (b) Procedures for forgiving debts. A creditor that intends to forgive a debt owed by an ongoing committee shall notify the Commission by letter of its intent. The letter shall demonstrate that the requirements set forth in paragraph (a) of this section are satisfied. The letter shall provide the following information—

    1. 1. (1) The terms of the initial extension of credit and a description of the terms under which the creditor has extended credit to nonpolitical debtors of similar risk and size of obligation;

    2. 2. (2) A description of the efforts made by the candidate or the ongoing committee to satisfy the debt;

    3. 3. (3) A description of the remedies pursued by the creditor to obtain payment of the debt and a comparison to the remedies customarily pursued by the creditor in similar circumstances involving nonpolitical debtors; and

    4. 4. (4) An indication that the creditor has forgiven other debts involving nonpolitical debtors in similar circumstances, if any.

  3. c. (c) Commission review. Upon the Commission's request, the ongoing committee or the creditor shall provide such additional information as the Commission may require to review the creditor's request. The Commission will review each request to forgive a debt to determine whether the candidate, the ongoing committee, and the creditor have complied with the requirements of 11 CFR part 116, and whether or not the forgiveness of the debt would result in an apparent violation of the Act or the Commission's regulations.