Loans to Insiders
Cal. FIN § 1362
California Statutes
Sections 215.2, 215.3, 215.4, 215.5, 215.8, and 215.9 of Regulation O in all of their particulars, including footnotes, are hereby referred to, incorporated by reference into this article, and adopted, subject to the following: (
a) The term “this Subpart,” as used in the referenced sections of Regulation O, means this article. (
b) Subdivision (
j) of
Section 215.2 of Regulation O is not applicable. Instead, the term “member bank,” as used in the referenced sections of Regulation O, means a bank. (
c) The term “executive officer,” as used in the referenced sections of Regulation O, includes, in the case of a bank of the type described in paragraph (2) or (4) of subdivision (
a) of
Section 1361, the manager of each office of the type referred to in paragraph (2) or (4) of subdivision (
a) of
Section that the bank maintains in this state. (
d) The definition of “lending limit” in subdivision (
i) of
Section 215.2 of Regulation O is not applicable; instead, the term “lending limit,” as used in the referenced sections of Regulation O, means an amount equal to the limit on obligations of a single obligor set forth in
Section 1481, and any reference in the referenced sections of Regulation O to the lending limit specified in subdivision (
i) of
Section 215.2 is considered to be a reference to the limit specified in
Section 1481. (e)
(1) Any company which is majority owned by one or more executive officers or directors of a bank, individually or collectively, is deemed to be a related interest of each of those executive officers or directors for purposes of the referenced sections of Regulation O.
(2) In case an individual who is an executive officer of a bank is also a director or executive officer of a company, the company is deemed to be a related interest of the individual for purposes of the referenced sections of Regulation O except subdivision (
c) of
Section 215.4. However, this paragraph shall not apply to an extension of credit by a bank to any of the following companies: (
A) A bank holding company of which the bank is a subsidiary. (
B) Any subsidiary of the bank holding company. (
C) Any nonprofit company engaged in religious, charitable, educational, scientific, literary, social, or recreational purposes, provided that the individual whose position as a director or executive officer of the company at issue does not receive compensation in excess of one thousand dollars ($1,000) per year for serving as a director or executive officer of the company.
(3) In case a bank in making an extension of credit becomes subject to the requirements set forth in subdivision (b)(1)(
i) of
Section 215.4 of Regulation O because of paragraph (1) or (2), the bank shall be deemed to fulfill the requirement if the extension of credit is promptly reported to the board of the bank.