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Compliance Question of the Week

Question: Under Regulation O, are there exceptions to the general aggregate limit for insiders?

ANSWER: 

The general aggregate limits do not apply to the following:

  • Extensions of credit secured by a perfected security interest in bonds, notes, certificates of indebtedness, or Treasury bills of the United States or in other such obligations fully guaranteed as to principal and interest by the United States;
  • Extensions of credit to or secured by unconditional takeout commitments or guarantees of any department, agency, bureau, board, commission or establishment of the United States or any corporation wholly owned directly or indirectly by the United States;
  • Extensions of credit secured by a perfected security interest in a segregated deposit account in the lending bank; or Extensions of credit arising from the discount of negotiable or nonnegotiable installment consumer paper that is acquired from an insider and carries a full or partial recourse endorsement or guarantee by the insider, provided that:
  • The financial condition of each maker of such consumer paper is reasonably documented in the bank's files or known to its officers;
  • An officer of the bank designated for that purpose by the board of directors of the bank certifies in writing that the bank is relying primarily upon the responsibility of each maker for payment of the obligation and not upon any endorsement or guarantee by the insider; and
  • The maker of the instrument is not an insider.
  • The exceptions in paragraphs (d)(3)(i)(A) through (d)(3)(i)(C) of this section apply only to the amounts of such extensions of credit that are secured in the manner described therein.

Reference: 12 CFR 215.4(d)(3).

 
 

 

 


 

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