US CODE COLLECTION
|TITLE 12 > CHAPTER 3 > SUBCHAPTER X > Sec. 375a.||Prev | Next|
Sec. 375a. - Loans to executive officers of banks
(1) General prohibition; authorization for extension of credit; conditions for credit
Except as authorized under this section, no member bank may extend credit in any manner to any of its own executive officers. No executive officer of any member bank may become indebted to that member bank except by means of an extension of credit which the bank is authorized to make under this section. Any extension of credit under this section shall be promptly reported to the board of directors of the bank, and may be made only if -
the bank would be authorized to make it to borrowers other than its officers;
it is on terms not more favorable than those afforded other borrowers;
the officer has submitted a detailed current financial statement; and
it is on condition that it shall become due and payable on demand of the bank at any time when the officer is indebted to any other bank or banks on account of extensions of credit of any one of the three categories respectively referred to in paragraphs (2), (3), and (4) in an aggregate amount greater than the amount of credit of the same category that could be extended to him by the bank of which he is an officer.
(2) Mortgage loans
A member bank may make a loan to any executive officer of the bank if, at the time the loan is made -
it is secured by a first lien on a dwelling which is expected, after the making of the loan, to be owned by the officer and used by him as his residence, and
no other loan by the bank to the officer under authority of this paragraph is outstanding.
(3) Educational loans
A member bank may make extensions of credit to any executive officer of the bank to finance the education of the children of the officer.
(4) General limitation on amount of credit
A member bank may make extensions of credit not otherwise specifically authorized under this section to any executive officer of the bank, in an amount prescribed in a regulation of the member bank's appropriate Federal banking agency.
(5) Partnership loans
Except to the extent permitted under paragraph (4), a member bank may not extend credit to a partnership in which one or more of its executive officers are partners having either individually or together a majority interest. For the purposes of paragraph (4), the full amount of any credit so extended shall be considered to have been extended to each officer of the bank who is a member of the partnership.
(6) Report of date and amount of credit extensions, security, and uses of proceeds upon excessive extension of credit
Whenever an executive officer of a member bank becomes indebted to any bank or banks (other than the one to which he is an officer) on account of extensions of credit of any one of the three categories respectively referred to in paragraphs (2), (3), and (4) in an aggregate amount greater than the aggregate amount of credit of the same category that could lawfully be extended to him by the bank, he shall make a written report to the board of directors of the bank, stating the date and amount of each such extension of credit, the security therefor, and the purposes for which the proceeds have been or are to be used.
(7) Endorsement or guarantee of loans or assets; protective indebtedness
This section does not prohibit any executive officer of a member bank from endorsing or guaranteeing for the protection of the bank any loan or other asset previously acquired by the bank in good faith or from incurring any indebtedness to the bank for the purpose of protecting the bank against loss or giving financial assistance to it.
(8) Continuation of violation
Each day that any extension of credit in violation of this section exists is a continuation of the violation for the purposes of section 1818 of this title.
(9) Report of loan activity since previous report of condition
Each member bank shall include with (but not as part of) each report of condition and copy thereof filed under section 1817(a)(3) of this title a report of all loans under authority of this section made by the bank since its previous report of condition.
(10) Rules and regulations; definitions
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Parallel authorities (CFR)
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