Bank acquiring, holding, or accepting as collateral its own stock -- Loans to or investment in affiliates.
Viewing an earlier, undated versionView current (1)
- (a) A bank may not accept as collateral or acquire its own stock except when the taking of the collateral or acquisition of the stock is necessary to prevent loss upon a debt previously contracted in good faith.
- (b) If a bank acquires stock as permitted under Subsection (1)(a), the bank shall sell the stock within 12 months from the date of the bank's acquisition.
- (c) The value of all the stock held after acceptance or acquisition may not exceed 10% of the total capital of the bank.
(2)
(a) A bank may not:
- (i) make any loan or any extension of credit to any of its affiliates;
- (ii) invest any of its funds in the capital stock, bonds, debentures, or other obligations of any affiliate; or
- (iii) accept the capital stock, bonds, debentures, or other obligations of any affiliate as collateral security for advances made to any person unless authorized by the commissioner by order.
- (b) The exception of Subsection (2)(a)(iii) may not be inconsistent with similar exceptions applicable to national banks under federal law.