95-3363. Lending Limits  

  • [Federal Register Volume 60, Number 31 (Wednesday, February 15, 1995)]
    [Rules and Regulations]
    [Pages 8526-8538]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-3363]
    
    
    
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    DEPARTMENT OF THE TREASURY
    
    Office of the Comptroller of the Currency
    
    12 CFR Part 32
    
    [Docket No. 95-03]
    RIN 1557-AA72
    
    
    Lending Limits
    
    AGENCY: Office of the Comptroller of the Currency, Treasury.
    
    ACTION: Final rule.
    
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    SUMMARY: The Office of the Comptroller of the Currency (OCC) is 
    comprehensively revising its rules governing national bank lending 
    limits as part of its Regulation Review Program. The final rule amends, 
    clarifies, and reorganizes the OCC's lending limit rules.
        The final rule eliminates inefficient and unduly burdensome 
    regulatory requirements and refocuses the lending limit rules on the 
    areas of greatest safety and soundness concern. The new rule enhances 
    the ability of national banks to lend while protecting against 
    situations where excessive loans to a borrower or related borrowers 
    present safety and soundness concerns.
    
    EFFECTIVE DATE: March 17, 1995.
    
    FOR FURTHER INFORMATION CONTACT: William C. Kerr, National Bank 
    Examiner, or Frank R. Carbone, National Bank Examiner, Credit and 
    Management Policy, (202) 874-5170; P. Moni SenGupta, Attorney 
    Legislative and Regulatory Activities Division, (202) 874-5090; Aline 
    J. Henderson, Senior Attorney, or Laura G. Goldman, Attorney, Bank 
    Activities and Structure Division, (202) 874-5300; Office of the 
    Comptroller of the Currency, 250 E St. SW, Washington, D.C. 20219. 
    [[Page 8527]] 
    
    SUPPLEMENTARY INFORMATION:
    
    Background
    
        Although the limitations on a national bank lending to one borrower 
    can be traced to the Currency Act of 1863,1 the Garn-St Germain 
    Depository Institutions Act (Act), Pub. L. 97-320 (1982), represents 
    the most recent major revision of the statutory lending limits. Section 
    401(a) of that Act amended 12 U.S.C. 84 to raise the amount that a 
    national bank may lend to a single borrower from 10 to 15 percent of 
    the bank's unimpaired capital and unimpaired surplus. It also added new 
    exceptions, defined key terms, and provided express authority for the 
    OCC to issue regulations to implement the statute, including 
    regulations to define or further define terms and to establish limits 
    or requirements other than those contained in the statute for 
    particular classes or categories of loans.
    
        \1\Act of Feb. 25, 1863, 12 Stat. 665 et seq., R.S. Sec. 5200.
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        The OCC implemented the amended 12 U.S.C. 84 with a final rule 
    published on April 12, 1983 (48 FR 15844). The final rule created a new 
    part 32 in title 12 of the Code of Federal Regulations which replaced 
    and restructured existing interpretive rulings previously found at 12 
    CFR part 7. The OCC proposed another major regulatory revision of the 
    lending limits for national banks on October 24, 1989 (54 FR 43398). A 
    final rule in response to this proposal was never adopted, however.
    
    The Proposal
    
        On February 11, 1994 the OCC published its proposal to revise the 
    lending limit regulation found at 12 CFR part 32 (proposal), 59 FR 
    6593, as part of the OCC's Regulation Review Program. The proposal 
    sought to modernize the regulation and incorporate into the rule 
    significant interpretive positions of the OCC. The proposal sought to 
    comprehensively revise, reorganize, update, and simplify the 
    regulation, and to reduce unnecessary regulatory burdens, without 
    compromising the important safety and soundness objectives of the 
    lending limits rule.
    
    Comments Received and Changes Made
    
        The final rule implements most of the initiatives contained in the 
    proposal. However, several additional changes are made in response to 
    the comments received. Most of these changes clarify the original 
    intent of the proposal. Other changes alter the proposed regulation in 
    a manner that provides additional flexibility to banks. The final rule 
    also includes a number of technical changes to the proposal.
        The OCC received 28 comment letters on the proposal. The comments 
    received generally were very favorable. Comment letters included 16 
    from banks and bank holding companies, three from law firms, and eight 
    from trade associations and the representatives of banks, thrifts, home 
    builders, and clearing houses. The commenters welcomed the OCC's effort 
    to reorganize part 32 and several stated that the changes made in the 
    proposal represented a significant improvement over the old rule. 
    Commenters generally praised the new format and the additional clarity 
    provided by the revisions. Some predicted that the simplified 
    regulation would reduce regulatory burden and compliance costs.
    
    Overview of the Final Rule
    
        The OCC reviewed the lending limit rule with the goals of reducing 
    unnecessary regulatory burdens and providing banks with increased 
    flexibility in their lending operations, consistent with safe and sound 
    banking practices.
        As part of this new approach, the final rule alters the definition 
    of ``capital and surplus'' upon which lending limits are based. The new 
    lending limit calculation draws upon risk-based capital components that 
    a bank must already calculate for Call Report purposes. By relying on 
    quarterly Call Report information, most national banks generally will 
    be required to calculate their lending limit only once every quarter, 
    rather than every time they propose to make a loan.
        The final rule also adds a few new definitions and removes or 
    consolidates old ones to enhance the regulation's clarity. Several 
    modifications provide banks with greater flexibility in certain lending 
    situations, subject to safety and soundness parameters. For example, 
    the rule includes a new exception to the lending limits to allow a bank 
    to advance funds to renew and complete the funding of a qualifying loan 
    commitment under circumstances where the additional advance will 
    protect the position of the bank. The final rule also allows a bank to 
    advance funds to pay for taxes, insurance and other necessary expenses 
    to protect its interest in the collateral securing a loan, and 
    clarifies when a loan is considered ``nonconforming,'' rather than a 
    violation, when it exceeds a bank's lending limit, but was within the 
    bank's lending limit when made.
    
    Section-by-Section Discussion
    
        The commenters focused on provisions of the proposal needing 
    modification or further amendment. The OCC carefully considered each of 
    the comment letters and has made a number of changes in response. Those 
    comments and any changes are identified and explained in the section-
    by-section discussion that follows. A table summarizing the sections of 
    the former part 32 that are amended by the final rule is included at 
    the end of this preamble.
    
    Authority, Purpose and Scope (Sec. 32.1)
    
        The proposal amended the ``Purpose'' paragraph to expressly 
    incorporate the objectives of safety and soundness, loan 
    diversification, and equitable access to banking services. The final 
    rule adds to the ``Scope'' paragraph new language cautioning bank 
    management that the lending limit rule is not a ``safe harbor'' for 
    lending.
        The ``Scope'' paragraph emphasizes that the lending limit rules are 
    only one component of a prudent lending program. National banks must 
    always underwrite loans in accordance with prudent banking practices, 
    in addition to adhering to specific quantitative limitations such as 
    the lending limits. Several commenters remarked that the OCC should 
    amend the lending limits provisions to recognize the existence of 
    limited liability companies as bank subsidiaries, comparable to 
    operating subsidiaries. Treatment of limited liability companies as 
    operating subsidiaries is an issue raised in the OCC's proposed changes 
    to Part 5 of its regulations, and the OCC believes the question is 
    better resolved in that context. (59 FR 61034, November 29, 1994.) In 
    the interim, however, when a bank seeks permission to invest in a 
    limited liability company as a subsidiary, and the bank's voting 
    interest satisfies the operating subsidiary percentage control 
    requirements, the bank may also seek confirmation that loans by the 
    bank to the limited liability company subsidiary will be treated in the 
    same way as loans to an ``operating subsidiary'' for purposes of 
    lending limits.
    
    Definitions (Sec. 32.2)
    
        The proposal consolidated all the definitions located throughout 
    the existing rule into a single section. Commenters raised questions 
    about some of the revisions and additions made to the definitions. Of 
    particular note are the following revisions. [[Page 8528]] 
    
    Capital and Surplus (Sec. 32.2(b))
    
        Under the former rule, the statutory lending limit of 15% of 
    capital was applied to a definition of capital found in 12 CFR 
    Sec. 3.100. The Sec. 3.100 definition serves as the capital base for 
    certain other regulatory limitations, such as limits on purchasing 
    investment securities, holding property and OREO, and investing in 
    community development corporations. The Sec. 3.100 capital definition 
    is separate and different from the leverage and risk-based capital 
    formulae used to determine banks' capital adequacy.
        In order to reduce regulatory burden associated with calculating 
    lending limits and to begin the process of reducing the multiple 
    definitions of capital currently in use, the proposal changed the 
    definition of capital and surplus used for lending limits purposes by 
    employing a capital calculation that all banks already make. Under the 
    proposal, a bank's basic lending limit would be an amount equal to 15% 
    of the sum of its allowed Tier 1 and Tier 2 capital, plus the balance 
    of its allowance for loan and lease losses (ALLL) not included in Tier 
    2 capital for the bank's risk-based capital calculation. For 
    simplicity, the proposal used the terminology ``capital and surplus'' 
    rather than the statutory terms ``unimpaired capital and unimpaired 
    surplus.''
        The commenters generally favored this approach to the capital 
    definition, however, some expressed concern that the approach needed to 
    be clarified. The new capital base for calculation of the limit in the 
    proposal appeared to some commenters to be the sum of all Tier 1 
    elements and all Tier 2 elements, whether or not they exceeded the 
    amounts that could be included in a bank's risk-based capital. The 
    final rule adopts the proposed capital and surplus definition but with 
    an amendment to clarify that only the amount of Tier 1 and Tier 2 
    capital that is actually included in a bank's risk-based capital (plus 
    the excess ALLL) is allowed in the bank's lending limit capital base.
    
    Loans and Extensions of Credit (Sec. 32.2(j))
    
        The commenters generally favored the proposed amendments to the 
    definition of loans and extensions of credit, now found at 
    Sec. 32.2(j), which incorporates significant OCC interpretive positions 
    clarifying the term. Section 32.2(j)(1)(iii) adds the requirement that 
    in order to exclude a bank's purchase of Type I securities subject to a 
    repurchase agreement, a bank must have assured control over or 
    established rights to the securities.
        Some commenters requested additional clarification of the meaning 
    of ``assured control.'' Assured control means that the bank has 
    recognized and exercisable authority over the asset. For example, a 
    bank can assure control of property subject to a repurchase agreement 
    by taking physical possession of the security or by requiring a proper 
    recordation of ownership of book-entry securities.
        Section 32.2(j)(1)(v) excludes all intra-day or daylight overdrafts 
    from the definition of an extension of credit. Several commenters 
    questioned whether the terms ``intra-day'' or ``daylight'' were 
    sufficiently adaptable for an increasingly complex and international 
    payments system. As the commenters point out, more and more banks 
    operate across several time zones. The financial payments systems are 
    now global systems spanning many time zones. With this in mind, several 
    commenters suggested that the final rule adapt the meaning of a 
    ``daylight'' overdraft to contemporary conventions. The OCC believes 
    these concerns have merit and the final rule drops the reference to 
    ``daylight'' and simplifies the definition. Intra-day overdrafts 
    excluded from the final rule are those overdrafts for which payment is 
    received before the bank closes its books for the calendar day. This 
    change recognizes the reality of a rapidly expanding payments system 
    that may eventually run 24 hours a day and looks to each bank's 
    practice for closing its books for the calendar day.
    Loans Legally Unenforceable
        Section 32.2(j)(1)(vii) of the proposal was intended to incorporate 
    OCC interpretive letters that elaborated on former Sec. 32.106, that 
    certain loans that become legally unenforceable would not be counted in 
    calculating a bank's lending limit. One commenter observed that in 
    attempting to incorporate the OCC interpretive letters, the proposal 
    effectively narrowed the effect of the interpretive ruling by excluding 
    from lending limit calculations only loans that are discharged in 
    bankruptcy, or by judicial decision or statute, and not excluding loans 
    that are legally unenforceable ``for any other reason.''
        The final rule returns to the scope of the original OCC 
    interpretive ruling. Under the final rule, a loan (or a portion 
    thereof) that becomes legally unenforceable for any reason and has been 
    charged off on a bank's books, is not considered a loan or extension of 
    credit. As a matter of prudent banking practice, the OCC expects that 
    banks will keep sufficient documentation to show why loans are legally 
    unenforceable. These records may include letters, memoranda, or written 
    agreements that evidence the bank's legally enforceable forgiveness of 
    a loan. The financial records of the bank also should reflect that the 
    loan has been charged off.
    Advances for the Benefit of the Borrower
        As proposed, Sec. 32.2(j)(2)(i) exempts from the definition of 
    ``loans and extensions of credit'' additional funds advanced to a 
    borrower by a bank for taxes or insurance if the advance is made for 
    the protection of the bank. The purpose of this exemption was to allow 
    banks to preserve the value of the collateral securing a loan. The 
    proposal requested that commenters address whether advances made for 
    other purposes should be similarly exempted from the definition of 
    loans and extensions of credit. Commenters responded that the purpose 
    of the exemption is served by allowing an advance for any purpose that 
    protects the collateral.
        The OCC carefully considered the comments received on this issue. 
    The OCC recognizes that there may be situations when an advance on 
    behalf of a troubled borrower could help the lending bank avoid greater 
    expenses after foreclosure. For example, an advance for the purpose of 
    repairing a leaking roof is more cost effective than waiting until 
    after foreclosure which leads to spending more money to restore the 
    value of water-damaged OREO. However, using the exemption to advance 
    funds for building new property would not be consistent with the 
    purpose of the exemption. The OCC also has concerns that banks 
    reasonably anticipate a borrower's need to fund various expenses in 
    determining the appropriate size of the loan that a bank is able to 
    extend and that the exemption not create incentives for borrowers to 
    divert or reclassify spending in order to qualify larger portions of 
    their credit needs for the exemption.
        Nevertheless, the OCC believes that a moderate extension of the 
    exemption to allow advances to pay for more than taxes and insurance is 
    appropriate, provided that the expenses have not been structured to 
    avoid a bank's lending limits. The final rule therefore exempts from 
    the lending limit reasonable advances made on behalf of the borrower to 
    pay for necessary maintenance and certain other expenditures when an 
    advance is consistent with safe and sound banking practices and 
    designed to protect the lending bank's interest in the collateral. 
    [[Page 8529]] As before, these advances will be treated as an extension 
    of credit and taken into account in calculating the bank's lending 
    limit if the bank seeks to make an additional loan to the same 
    borrower.
    Accrued and Discounted Interest
        Section 32.2(j)(2)(ii) of the proposal clarified the type of 
    accrued and discounted interest that would qualify for an exclusion 
    from the definition of ``loans and extensions of credit''. The proposal 
    also provided, however, that accrued and discounted interest would be 
    treated as an extension of credit if a bank sought to make another loan 
    to the borrower.
        Several commenters, particularly large banks with loans to foreign 
    governments, objected to this provision of the paragraph. One commenter 
    stated that this provision would be a major problem for banks seeking 
    to restructure loans to foreign governments with substantial accrued 
    interest. The proposed provision could severely impair a bank's ability 
    to participate in any new extensions of credit in connection with that 
    type of sovereign debt restructuring. Other commenters pointed to the 
    1982 Garn-St Germain amendments, Pub. L. 97-320 (1982), which changed 
    the language of 12 U.S.C. 84 from ``total obligations'' of a borrower 
    to ``loans and extensions of credit''. These commenters argued that the 
    1982 amendment reflects a shift in the focus of the statute. They 
    argued that the 1982 amendment confirms that Sec. 84 is not directed to 
    interest that is contractually due but is intended to limit only the 
    funds that actually leave the bank in the form of principal. In short, 
    these commenters believe that the lending limits apply to money loaned, 
    not money owed.
        The OCC believes these comments have merit. In order to provide 
    greater flexibility to banks seeking to improve their recoveries 
    through loan work-outs and restructured loans with troubled debtors, 
    the final rule modifies the OCC's previous approach. Under the final 
    rule, a bank need not attribute past-due or accrued interest to a 
    borrower for purposes of the lending limit. However, as already noted, 
    all loans made by a national bank must be underwritten in accordance 
    with prudent banking practices, in addition to adhering to specific 
    quantitative limitations such as the lending limits. National banks 
    therefore should consider the possibility of unscheduled interest 
    accruals in determining the amount of the bank's original extension of 
    credit, and also must bear the prudent banking practices standard in 
    mind when extending additional credit to a borrower with past-due or 
    accrued interest.
    Renewals
        The proposal incorporated an OCC interpretive position that 
    excludes from the definition of ``loans and extensions of credit'' 
    certain loan renewals or restructurings if the bank first exercised 
    ``best efforts'' to bring the loan into conformity with its lending 
    limit. Several commenters questioned whether the use of the term ``best 
    efforts'' sets a standard that is too high to provide any practical 
    application. The OCC agrees and the final rule uses the term 
    ``reasonable'' efforts, which better reflects the OCC expectation and 
    the original intent of the proposed amendment.
    Items in the Process of Collection
        The OCC has generally taken the interpretive position that giving 
    credit for uncollected items is a loan or an extension of credit. 
    However, under the proposal, the OCC also created an exception for 
    instances where payment is required by Regulation CC of the Federal 
    Reserve Board, 12 CFR part 229. Regulation CC specifies certain time 
    frames within which funds must be made available. Several commenters 
    correctly pointed out that although the intent of the proposal was to 
    provide additional flexibility, the effect of the change did not 
    achieve that result. In fact, the proposal may have prevented a bank 
    from giving credit for an uncollected item prior to the day stated in 
    the mandatory availability schedule in Regulation CC, by requiring the 
    bank to treat that advance as an extension of credit.
        The final rule amends this paragraph by providing that amounts paid 
    on items in the normal process of collection do not constitute a loan 
    or extension of credit. However, once an item is returned or dishonored 
    by the paying bank, it no longer is in the normal process of 
    collection. Payment by a bank against a dishonored item would be an 
    extension of credit.
    Participation Loans
        Section 32.2(j)(2)(vi) of the final rule revises the proposal's 
    treatment of participation loans. The proposal incorporated 
    interpretive positions previously found at Sec. 32.107 and included a 
    new provision requiring a bank that originates a loan to receive 
    funding from the participants on the same day. If the bank did not 
    receive participant funding on the same day, the proposal required the 
    bank to treat unfunded portions as a loan from the originating bank to 
    the borrower. Many commenters suggested that the OCC eliminate the 
    same-day funding requirement because it is impractical. The OCC 
    disagrees with that contention and believes the participant funding 
    provision is an important protection to the originating bank that will 
    help ensure prompt funding by participants.
        The commenters, however, correctly point out that delays in the 
    timing and delivery in funding a participation are not infrequent. The 
    OCC does not intend for inadvertent funding delays to cause lending 
    limit violations. The final rule therefore extends the funding period 
    to provide a more realistic timeframe to address temporary or 
    inadvertent funding errors. The final rule provides that a 
    participation loan is not attributed to the originating bank if it 
    receives funding from the participants before the close of business on 
    the day after it makes funds available to the borrower. The final rule 
    also sets forth standards for an originating bank that, if followed, 
    shield the bank from a lending limit violation in the event that a 
    participant fails to fund.
    
    Special Lending Limits (Sec. 32.3(b))
    
        Section 32.3(b)(3)(ii) of the proposal required an inspection and 
    valuation of livestock that is ``current, taking into account the 
    nature and frequency of turnover of the livestock'' in order to qualify 
    for the special lending limit for loans secured by documents covering 
    livestock. Former part 32 required that an ``inspection and appraisal 
    report'' be performed at least every 12 months or more frequently as 
    deemed prudent. The proposal recognized the differences in turnover 
    between different kinds of livestock that secure a loan. It removed the 
    presumption that an inspection and appraisal report performed every 12 
    months is adequate.
        Several commenters questioned this change. The commenters read the 
    former rule to require an inspection report only once every 12 months. 
    Although some commenters characterized the proposal as more burdensome 
    than the old requirement, the OCC believes it is not. In fact, the 
    former rule required an inspection and appraisal report more frequently 
    than once a year, if it was prudent to do so. The proposal actually 
    reduced burden by allowing the use of valuations, rather than 
    appraisals, when appropriate. Recognizing the need for clarity, 
    however, the final rule includes the requirement that an inspection or 
    valuation be made no less frequently than every 12 months.
        Section 32.3(b)(5) of the proposal also provided a new exception to 
    the lending limits to enable a bank to renew a [[Page 8530]] qualifying 
    commitment to lend in order to complete the financing of a project in 
    process. Under the proposal, the advance had to be to protect the 
    position of the bank, and the amount of additional advances could not 
    exceed the lesser of the unfunded portion of the original commitment or 
    5 percent of the bank's capital and surplus. Commenters generally 
    supported this position. Several suggested, however, that for the 
    exception to accomplish its intended purpose, the OCC should allow the 
    bank to fund the full amount of the commitment even if it was in excess 
    of the five percent cap.
        The OCC believes that this suggestion has merit, but is also 
    concerned that full funding of the original commitment must not 
    compromise a bank's safety and soundness. Accordingly, the final rule 
    modifies the approach contained in the proposal to allow funding up to 
    the amount of the original commitment, provided the renewal and 
    additional funding thereunder is consistent with safe and sound banking 
    practices, is made to protect the bank's position, and will enable the 
    borrower to complete the project for which the original commitment was 
    made.
        Section 32.3(b)(6) of the proposal was not included in the final 
    rule. This paragraph set forth a special lending limit that expired on 
    January 1, 1995. Since the section serves no purpose after that date it 
    is not incorporated into the final rule.
    
    Loans Exempt From the Lending Limit (Sec. 32.3(c))
    
        Section 32.3(c)(3) is revised in the final rule. This paragraph 
    provides that loans collateralized by U.S. government obligations are 
    exempt from the lending limits to the extent of the current market 
    value of the collateral. This exemption includes loans that are secured 
    by bonds, notes, Treasury bills, or similar obligations fully 
    guaranteed as to principal and interest by the full faith and credit of 
    the United States Government. This exemption was the subject of several 
    commenter suggestions that it be expanded to include loans that are 
    secured by instruments with comparable government backing. The OCC 
    agrees with these comments that certain other forms of collateral that 
    carry the full faith and credit of the U.S. government pose no greater 
    risk of loss. Accordingly, the final rule relies on the OCC's authority 
    under 12 U.S.C. 84(d)(1) to establish limits or requirements other than 
    those specified in the statute, for particular classes or categories of 
    loans, to include an additional class of loans in the exempt category--
    loans guaranteed as to repayment of principal by the full faith and 
    credit of the U.S. Government. This exemption includes qualifying Small 
    Business Administration, Federal Housing Administration, and Veterans 
    Administration guaranteed loans, but only to the extent of the 
    government guarantee.
        Some commenters suggested that the final rule also extend this 
    exemption to loans that are secured by other types of instruments. The 
    OCC has carefully considered these suggestions, but does not agree 
    that, as a general matter, the principal and liquidity risks presented 
    by the suggested types of instruments are sufficiently comparable to 
    the risks of directly holding the U.S. Government securities, or 
    government-backed loans. Accordingly, the OCC declines to add an 
    additional category of collateral that could qualify a loan for an 
    exemption from lending limits.
        The final rule also modifies Sec. 32.3(c)(10) of the proposal. As 
    proposed, this paragraph was intended to incorporate OCC interpretive 
    positions on loans to leasing companies. This paragraph allows banks to 
    attribute loans made to leasing companies to the lessees when certain 
    conditions are met. The final rule includes minor changes to ensure 
    that the conditions for this treatment are no more burdensome than if 
    the bank were to act as a lessor itself subject to 12 CFR part 23. 
    These changes better convey the current OCC interpretive position.
    
    Frequency of the Lending Limit Calculation (Sec. 32.4)
    
        The former rule required a bank to determine its lending limit for 
    each loan on the date that it made a loan. The proposal simplified this 
    requirement by allowing a bank to rely on its quarterly calculation of 
    capital found in its Call Report. Rather than calculate daily, under 
    the proposal the bank generally could calculate the lending limit once 
    for the entire quarter. However, the OCC was concerned that a 
    significant decline in capital between quarterly calculations could 
    result in a bank lending at a level above its actual limit for the 
    duration of the quarter.
        To prevent a bank from lending in excess of a shrinking capital 
    base, the proposal required a bank to recalculate its lending limit 
    between quarters if there were a change in its capital category for 
    purposes of prompt corrective action, or if a ``material event'' 
    occurred that caused its capital to increase or decrease by 10 percent 
    or more. However, it was recognized that what constitutes a ``material 
    event'' for this trigger may not be readily defined. Anticipating 
    criticism of the material event component, the proposal suggested an 
    alternative: a simple increase or decrease of 10 percent in a bank's 
    capital between quarters would trigger the recalculation obligation.
        Comment was mixed on both approaches to the recalculation trigger. 
    Generally, commenters characterized the ``material event'' element as 
    too vague to be useful. Many suggested that a simple percentage test 
    would be more reliable and useful. Others questioned whether a 
    percentage test was needed given the OCC's general ability to require 
    more frequent calculations in individual cases. The OCC finds these 
    arguments persuasive. The OCC has concluded that the material event 
    element is too vague to give a reliable indication of the need to 
    recalculate. As a result, the OCC has not included this requirement in 
    the final rule.
        Imposing the requirement that a bank recalculate whenever its 
    capital declined by 10 percent between quarters is also problematic. 
    Several commenters observed that the obligation to monitor the changes 
    in capital between quarters would give a bank little comfort that its 
    quarterly lending limit is valid for the entire quarter. In effect the 
    obligation to monitor 10 percent swings in capital could force a bank 
    to make a daily calculation of capital, not quarterly as proposed. This 
    result would be contrary to the purpose of the proposed quarterly 
    calculation.
        On the other hand, the OCC also considered whether a quarterly 
    calculation would be inappropriate for any identifiable subset of 
    national banks, such as banks that are undercapitalized. The OCC 
    determined not to include a different lending limit calculation 
    frequency requirement for undercapitalized banks as a class, however, 
    because the OCC anticipates that such banks will be subject to enhanced 
    supervisory oversight and directives that will address the frequency of 
    the bank's lending limit calculations in those cases where lending 
    limit excesses are a potential problem. (For example, a bank could be 
    undercapitalized for reasons unrelated to its lending activities, or 
    could have poor underwriting practices and losses on loans and raise no 
    lending limits issues). The OCC closely monitors undercapitalized 
    banks, however, and will make appropriate adjustments to the frequency 
    of required lending limit calculations for such banks if experience 
    indicates that a general standard for undercapitalized banks is needed.
        The final rule, therefore, deletes the 10 percent recalculation 
    requirement [[Page 8531]] but retains the explicit authority for the 
    OCC to require a national bank to calculate its lending limits more 
    frequently than every quarter when the OCC believes it is necessary. 
    The OCC therefore may address unsafe or unsound lending practices or 
    other supervisory concerns by directing any bank to calculate its 
    lending limit more frequently than quarterly. This authority is set 
    forth in Sec. 32.4(b).
    
    Direct Benefit Test (Sec. 32.5(b))
    
        Section 32.5(b) requires a loan to be attributed to a third party 
    if the third party gains the direct benefit of the loan proceeds. The 
    proposal narrowed the direct benefits tests to clarify that loans are 
    not attributable to a third party when the loan proceeds are 
    transferred to the third party to acquire property, goods, or services 
    in a bona-fide arms-length transaction.
        The proposal requested comment on the question of whether the 
    direct benefits test was necessary. Several commenters argued that it 
    was not. Some commenters suggested that the common enterprise test 
    addresses most, and possibly all, circumstances that involve the less 
    than a bona fide arms-length transactions that is the focus of the 
    direct benefits test. The OCC has carefully considered these comments 
    but has concluded that the direct benefits test uniquely addresses an 
    area of concern in the lending limits area. The final rule therefore 
    retains the test but with one change, designed to improve certainty 
    regarding the application of the test. The ``facts and circumstances'' 
    provision of the direct benefits test is removed. The OCC believes this 
    part of the test was redundant and potentially confusing.
    
    Common Enterprise Test (Sec. 32.5(c))
    
        The final rule adopts the common enterprise test largely as stated 
    in the proposal. The common enterprise test requires the aggregation of 
    loans made to persons who are related through common control and 
    financial interdependence or share a common source of income for 
    repayment of the loan, or whenever the OCC determines the ``facts and 
    circumstances'' requires aggregation. Most commenters characterized the 
    proposed language as a much improved restatement of the test that was 
    easier to understand. Some commenters requested further amendments, 
    alterations, and extension of the rule.
        The OCC has not adopted most of the suggestions. Many of the 
    commenters' suggestions for change would have undermined the 
    effectiveness of this combination rule. Most of the suggested changes 
    would not have provided much additional clarity. Others risked 
    diminishing the effectiveness of the rule. Although the common 
    enterprise test may be somewhat complex to apply to certain corporate 
    structures, the OCC has concluded that, on balance, it is an effective 
    description of the varied circumstances when loans to separate 
    borrowers should be combined because they present a common source of 
    credit exposure for a bank.
        The final rule makes changes to Sec. 32.5(c)(3), to clarify that 
    the rule requires combination of only those loans that the borrowers 
    use for the acquisition of a controlling interest in a business. The 
    final rule also specifically clarifies that limited liability companies 
    will be treated in the same manner as corporations, rather than as 
    partnerships, in applying the common enterprise test.
    
    Nonconforming Loans (Sec. 32.6)
    
        The proposal incorporated OCC policy that a bank will not be deemed 
    to violate the lending limits when a loan that was legal when made 
    becomes nonconforming as a result of several specifically defined 
    events, provided the bank exercises ``best efforts'' to bring the loan 
    into conformity with the lending limit. A number of commenters objected 
    that the ``best efforts'' standard was too high. Some commenters 
    pointed out that using best efforts to reduce a nonconforming loan 
    could pose certain safety and soundness risks to a bank. For example, 
    if a bank holds a loan that was legal when made and subsequently the 
    bank's capital declines, the best efforts standard might require that 
    the bank sell the loan off at any price. This forced sale only causes 
    the bank to lose an asset during a period that its capital is in 
    decline. The OCC did not intend this result of the proposed 
    nonconforming loan provisions.
        In response to commenter concerns, the final rule replaces the term 
    ``best efforts'' with the term ``reasonable efforts''. The OCC believes 
    this standard more accurately reflects the level of effort appropriate 
    to bring a loan into conformance with a bank's current lending limits. 
    The final rule also makes clear that the section does not require a 
    bank to make efforts to bring the loan into conformity if to do so 
    would be inconsistent with safe and sound banking practices. In 
    addition, the final rule adds that loans that exceed a bank's lending 
    limit as a result of changes in the capital rules or because borrowers 
    subsequently become a common enterprise will be treated as 
    nonconforming.
        Finally, in response to commenters, the final rule changes the 
    treatment of loans that qualify for a lending limit exemption because 
    they are secured by certain collateral, such as U.S. government 
    obligations. Under the former rule, as well as the proposal, a national 
    bank was required to bring a loan into conformity through restoration 
    of the market value of the collateral or by reducing the amount of the 
    bank's loan by the amount that exceeds the lending limit within five 
    business days. Several commenters characterized the five day correction 
    period as arbitrary and unrealistic.
        The OCC recognizes that there are circumstances beyond the bank's 
    control which might cause a loan of this type to violate the lending 
    limit, because of a decline in collateral value. Instead of the five 
    day period, the final rule requires that a bank bring these loans into 
    conformity within 30 calendar days. During that 30 day period, the loan 
    will be treated as non-conforming. The OCC believes this change will 
    provide a more realistic period to enable a bank to address restoration 
    of proper collateral for a loan without forcing a precipitous 
    divestiture of all or part of the loan that would not be in the best 
    interests of the bank.
    
    Effective Date
    
        Section 302 of the Riegle Community Development and Regulatory 
    Improvement Act of 1994, 12 U.S.C. 4802, requires that a regulation 
    that imposes new requirements take effect on the first day of the 
    quarter following publication of the final rule. That section provides, 
    however, that an agency may determine that the rule should take effect 
    earlier.
        The OCC believes that this regulation relieves burden by 
    eliminating inefficient and unduly costly regulatory requirements and 
    better focusing the lending limit rules on areas of greatest safety and 
    soundness concern. These revisions to part 32 should not be further 
    delayed. Accordingly, the final rule is effective 30 days after 
    publication.
    
    Derivation Table
    
        Only substantive modifications, additions and changes are 
    indicated.
    
    [[Page 8532]]
    ----------------------------------------------------------------------------------------------------------------
                     Revised provision                         Existing provision                  Comments         
    ----------------------------------------------------------------------------------------------------------------
    Sec. 32.1.........................................  Sec. 32.1, Sec. 32.111..........  Modified.                 
    Sec. 32.2(a)......................................  Sec. 32.101.....................  Added and modified.       
        (b)...........................................  Sec. 32.2(c)....................  Significant change.       
        (c)...........................................  ................................  Added.                    
        (d)...........................................  Sec. 32.6(h)(3).................  ..........................
        (e)...........................................  Sec. 32.6(h)(4).................  ..........................
        (f)...........................................  Sec. 32.2(d)....................  ..........................
        (g)...........................................  Sec. 32.5(a)(2)(v)..............  Modified.                 
        (h)...........................................  Sec. 32.4(b)....................  ..........................
        (i)...........................................  Sec. 32.4(c) and (e)............  ..........................
        (j)(1)(i).....................................  Sec. 32.2(a)....................  ..........................
        (j)(1)(ii)....................................  Sec. 32.2(a)....................  ..........................
        (j)(1)(iii)...................................  Sec. 32.103.....................  Modified.                 
        (j)(1)(iv)....................................  Sec. 32.104.....................  Modified.                 
        (j)(1)(v).....................................  Sec. 32.105.....................  ..........................
        (j)(1)(vi)....................................  Sec. 32.102(b)..................  ..........................
        (j)(1)(vii)...................................  Sec. 32.106.....................  Modified.                 
         (j)(2)(i)....................................  ................................  Added.                    
        (j)(2)(ii)....................................  Sec. 32.108.....................  Modified.                 
        (j)(2)(iii)...................................  ................................  Added.                    
        (j)(2)(iv)....................................  ................................  Added.                    
        (j)(2)(v).....................................  ................................  Added.                    
        (j)(2)(vi)....................................  Sec. 32.107.....................  Significant change.       
        (k)...........................................  Sec. 32.2(b)....................  Modified.                 
        (l)...........................................  Sec. 32.2(f)....................  ..........................
        (m)...........................................  Sec. 32.4(c)....................  ..........................
        (n)...........................................  Sec. 32.6(c)(3).................  ..........................
        (o)...........................................  Sec. 32.102(a)..................  ..........................
        (p)...........................................  Sec. 32.2(e)....................  ..........................
    Sec. 32.3(a)......................................  Sec. 32.3, Sec. 32.4............  Modified.                 
        (b)(1)........................................  Sec. 32.6(c)....................  ..........................
        (b)(2)........................................  Sec. 32.6(h)....................  Modified.                 
        (b)(3)........................................  Sec. 32.6(i)(1).................  Modified.                 
        (b)(4)........................................  Sec. 32.6(i)(2).................  ..........................
        (b)(5)........................................  ................................  Significant addition.     
        (c)(1)........................................  Sec. 32.6(a)....................  ..........................
        (c)(2)........................................  Sec. 32.6(b)....................  ..........................
        (c)(3)........................................  Sec. 32.6(d)....................  Significant change.       
         (c)(4).......................................  Sec. 32.6(e)....................  ..........................
        (c)(5)........................................  Sec. 32.109.....................  ..........................
        (c)(6)........................................  Sec. 32.6(f)....................  Modified.                 
        (c)(7)........................................  Sec. 32.6(g)....................  ..........................
        (c)(8)........................................  Sec. 32.6(j)....................  ..........................
        (c)(9)........................................  Sec. 32.110.....................  ..........................
        (c)(10).......................................  ................................  Added.                    
    Sec. 32.4.........................................  ................................  Significant addition.     
    Sec. 32.5(a)......................................  Sec. 32.5(a)(1).................  ..........................
        (b)...........................................  ................................  Significant change.       
        (c)...........................................  Sec. 32.5(a)(2).................  Modified.                 
        (d)...........................................  Sec. 32.5(b)....................  Modified.                 
        (e)...........................................  Sec. 32.5(c)....................  ..........................
        (f)...........................................  Sec. 32.5(d)....................  ..........................
    Sec. 32.6.........................................  Sec. 32.7.......................  Modified.                 
    ----------------------------------------------------------------------------------------------------------------
    
    Regulatory Flexibility Act
    
        Pursuant to section 605(b) of the Regulatory Flexibility Act, the 
    Comptroller of the Currency certifies that the final rule will not have 
    a significant economic impact on a substantial number of small 
    entities. Accordingly, a regulatory flexibility analysis is not 
    required. This regulation will reduce the regulatory burden on national 
    banks, regardless of size, by simplifying and clarifying existing 
    regulatory requirements.
    
    Executive Order 12866
    
        The OCC has determined that this document is not a significant 
    regulatory action as defined in Executive Order 12866.
    
    List of Subjects in 12 CFR Part 32
    
        National banks, Reporting and recordkeeping requirements.
    
    Authority and Issuance
    
        For the reasons set out in the preamble, part 32 of chapter I of 
    title 12 of the Code of Federal Regulations is revised to read as 
    follows:
    
    PART 32--LENDING LIMITS
    
    Sec.
    32.1  Authority, purpose and scope.
    32.2  Definitions.
    32.3  Lending limits.
    32.4  Calculation of lending limits.
    32.5  Combination rules.
    32.6  Nonconforming loans.
    
        Authority: 12 U.S.C. 1 et seq., 84, and 93a.
    
    
    Sec. 32.1  Authority, purpose and scope.
    
        (a) Authority. This part is issued pursuant to 12 U.S.C. 1 et seq., 
    12 U.S.C. 84, and 12 U.S.C. 93a.
        (b) Purpose. The purpose of this part is to protect the safety and 
    soundness of [[Page 8533]] national banks by preventing excessive loans 
    to one person, or to related persons that are financially dependent, 
    and to promote diversification of loans and equitable access to banking 
    services.
        (c) Scope. (1) This part applies to all loans and extensions of 
    credit made by national banks and their domestic operating 
    subsidiaries. This part does not apply to loans made by a national bank 
    and its domestic operating subsidiaries to the bank's ``affiliates,'' 
    as that term is defined in 12 U.S.C. 371c(b)(1), to the bank's 
    operating subsidiaries, or to Edge Act or Agreement Corporation 
    subsidiaries.
        (2) The lending limits in this part are separate and independent 
    from the investment limits prescribed by 12 U.S.C. 24 (Seventh), and a 
    national bank may make loans or extensions of credit to one borrower up 
    to the full amount permitted by this part and also hold eligible 
    securities of the same obligor up to the full amount permitted under 12 
    U.S.C. 24 (Seventh) and 12 CFR part 1.
        (3) Extensions of credit to executive officers, directors and 
    principal shareholders of national banks, and their related interests 
    are subject to limits prescribed by 12 U.S.C. 375a and 375b in addition 
    to the lending limits established by 12 U.S.C. 84 and this part.
        (4) In addition to the foregoing, loans and extensions of credit 
    made by national banks and their domestic operating subsidiaries must 
    be consistent with safe and sound banking practices.
    
    
    Sec. 32.2  Definitions.
    
        (a) Borrower means a person who is named as a borrower or debtor in 
    a loan or extension of credit, or any other person, including a drawer, 
    endorser, or guarantor, who is deemed to be a borrower under the 
    ``direct benefit'' or the ``common enterprise'' tests set forth in 
    Sec. 32.5.
        (b) Capital and surplus means--
        (1) A bank's Tier 1 and Tier 2 capital included in the bank's risk-
    based capital under the OCC's Minimum Capital Ratios in Appendix A of 
    part 3 of this chapter; plus
        (2) The balance of a bank's allowance for loan and lease losses not 
    included in the bank's Tier 2 capital, for purposes of the calculation 
    of risk-based capital under part 3 of this chapter.
        (c) Close of business means the time at which a bank closes its 
    accounting records for the business day.
        (d) Consumer means the user of any products, commodities, goods, or 
    services, whether leased or purchased, but does not include any person 
    who purchases products or commodities for resale or fabrication into 
    goods for sale.
        (e) Consumer paper means paper relating to automobiles, mobile 
    homes, residences, office equipment, household items, tuition fees, 
    insurance premium fees, and similar consumer items. Consumer paper also 
    includes paper covering the lease (where the bank is not the owner or 
    lessor) or purchase of equipment for use in manufacturing, farming, 
    construction, or excavation.
        (f) Contractual commitment to advance funds. (1) The term includes 
    a bank's obligation to--
        (i) Make payment (directly or indirectly) to a third person 
    contingent upon default by a customer of the bank in performing an 
    obligation and to make such payment in keeping with the agreed upon 
    terms of the customer's contract with the third person, or to make 
    payments upon some other stated condition;
        (ii) Guarantee or act as surety for the benefit of a person;
        (iii) Advance funds under a qualifying commitment to lend, as 
    defined in paragraph (l) of this section; and
        (iv) Advance funds under a standby letter of credit as defined in 
    paragraph (p) of this section, a put, or other similar arrangement.
        (2) The term does not include commercial letters of credit and 
    similar instruments where the issuing bank expects the beneficiary to 
    draw on the issuer, that do not guarantee payment, and that do not 
    provide for payment in the event of a default by a third party.
        (g) Control is presumed to exist when a person directly or 
    indirectly, or acting through or together with one or more persons--
        (1) Owns, controls, or has the power to vote 25 percent or more of 
    any class of voting securities of another person;
        (2) Controls, in any manner, the election of a majority of the 
    directors, trustees, or other persons exercising similar functions of 
    another person; or
        (3) Has the power to exercise a controlling influence over the 
    management or policies of another person.
        (h) Current market value means the bid or closing price listed for 
    an item in a regularly published listing or an electronic reporting 
    service.
        (i) Financial instrument means stocks, notes, bonds, and debentures 
    traded on a national securities exchange, OTC margin stocks as defined 
    in Regulation U, 12 CFR part 221, commercial paper, negotiable 
    certificates of deposit, bankers' acceptances, and shares in money 
    market and mutual funds of the type that issue shares in which banks 
    may perfect a security interest. Financial instruments may be 
    denominated in foreign currencies that are freely convertible to U.S. 
    dollars. The term ``financial instrument'' does not include mortgages.
        (j) Loans and extensions of credit means a bank's direct or 
    indirect advance of funds to or on behalf of a borrower based on an 
    obligation of the borrower to repay the funds or repayable from 
    specific property pledged by or on behalf of the borrower.
        (1) Loans or extensions of credit for purposes of 12 U.S.C. 84 and 
    this part include--
        (i) A contractual commitment to advance funds, as defined in 
    paragraph (f) of this section;
        (ii) A maker or endorser's obligation arising from a bank's 
    discount of commercial paper;
        (iii) A bank's purchase of securities subject to an agreement that 
    the seller will repurchase the securities at the end of a stated 
    period, but not including a bank's purchase of Type I securities, as 
    defined in part 1 of this chapter, subject to a repurchase agreement, 
    where the purchasing bank has assured control over or has established 
    its rights to the Type I securities as collateral;
        (iv) A bank's purchase of third-party paper subject to an agreement 
    that the seller will repurchase the paper upon default or at the end of 
    a stated period. The amount of the bank's loan is the total unpaid 
    balance of the paper owned by the bank less any applicable dealer 
    reserves retained by the bank and held by the bank as collateral 
    security. Where the seller's obligation to repurchase is limited, the 
    bank's loan is measured by the total amount of the paper the seller may 
    ultimately be obligated to repurchase. A bank's purchase of third party 
    paper without direct or indirect recourse to the seller is not a loan 
    or extension of credit to the seller;
        (v) An overdraft, whether or not prearranged, but not an intra-day 
    overdraft for which payment is received before the close of business of 
    the bank that makes the funds available;
        (vi) The sale of Federal funds with a maturity of more than one 
    business day, but not Federal funds with a maturity of one day or less 
    or Federal funds sold under a continuing contract; and
        (vii) Loans or extensions of credit that have been charged off on 
    the books of the bank in whole or in part, unless the loan or extension 
    of credit--
        (A) Is unenforceable by reason of discharge in bankruptcy;
        (B) Is no longer legally enforceable because of expiration of the 
    statute of limitations or a judicial decision; or
        (C) Is no longer legally enforceable for other reasons, provided 
    that the bank [[Page 8534]] maintains sufficient records to demonstrate 
    that the loan is unenforceable.
        (2) The following items do not constitute loans or extensions of 
    credit for purposes of 12 U.S.C. 84 and this part--
        (i) Additional funds advanced for the benefit of a borrower by a 
    bank for payment of taxes, insurance, utilities, security, and 
    maintenance and operating expenses necessary to preserve the value of 
    real property securing the loan, consistent with safe and sound banking 
    practices, but only if the advance is for the protection of the bank's 
    interest in the collateral, and provided that such amounts must be 
    treated as an extension of credit if a new loan or extension of credit 
    is made to the borrower;
        (ii) Accrued and discounted interest on an existing loan or 
    extension of credit, including interest that has been capitalized from 
    prior notes and interest that has been advanced under terms and 
    conditions of a loan agreement;
        (iii) Financed sales of a bank's own assets, including Other Real 
    Estate Owned, if the financing does not put the bank in a worse 
    position than when the bank held title to the assets;
        (iv) A renewal or restructuring of a loan as a new ``loan or 
    extension of credit,'' following the exercise by a bank of reasonable 
    efforts, consistent with safe and sound banking practices, to bring the 
    loan into conformance with the lending limit, unless new funds are 
    advanced by the bank to the borrower (except as permitted by 
    Sec. 32.3(b)(5)), or a new borrower replaces the original borrower, or 
    unless the OCC determines that a renewal or restructuring was 
    undertaken as a means to evade the bank's lending limit;
        (v) Amounts paid against uncollected funds in the normal process of 
    collection; and
        (vi)(A) That portion of a loan or extension of credit sold as a 
    participation by a bank on a nonrecourse basis, provided that the 
    participation results in a pro rata sharing of credit risk 
    proportionate to the respective interests of the originating and 
    participating lenders. Where a participation agreement provides that 
    repayment must be applied first to the portions sold, a pro rata 
    sharing will be deemed to exist only if the agreement also provides 
    that, in the event of a default or comparable event defined in the 
    agreement, participants must share in all subsequent repayments and 
    collections in proportion to their percentage participation at the time 
    of the occurrence of the event.
        (B) When an originating bank funds the entire loan, it must receive 
    funding from the participants before the close of business of its next 
    business day. If the participating portions are not received within 
    that period, then the portions funded will be treated as a loan by the 
    originating bank to the borrower. If the portions so attributed to the 
    borrower exceed the originating bank's lending limit, the loan may be 
    treated as nonconforming subject to Sec. 32.6, rather than a violation, 
    if:
        (1) The originating bank had a valid and unconditional 
    participation agreement with a participating bank or banks that was 
    sufficient to reduce the loan to within the originating bank's lending 
    limit;
        (2) The participating bank reconfirmed its participation and the 
    originating bank had no knowledge of any information that would permit 
    the participant to withhold its participation; and
        (3) The participation was to be funded by close of business of the 
    originating bank's next business day.
        (k) Person means an individual; sole proprietorship; partnership; 
    joint venture; association; trust; estate; business trust; corporation; 
    limited liability company; not-for-profit corporation; sovereign 
    government or agency, instrumentality, or political subdivision 
    thereof; or any similar entity or organization.
        (l) Qualifying commitment to lend means a legally binding written 
    commitment to lend that, when combined with all other outstanding loans 
    and qualifying commitments to a borrower, was within the bank's lending 
    limit when entered into, and has not been disqualified.
        (1) In determining whether a commitment is within the bank's 
    lending limit when made, the bank may deduct from the amount of the 
    commitment the amount of any legally binding loan participation 
    commitments that are issued concurrent with the bank's commitment and 
    that would be excluded from the definition of ``loan or extension of 
    credit'' under paragraph (j)(2)(vi) of this section.
        (2) If the bank subsequently chooses to make an additional loan and 
    that subsequent loan, together with all outstanding loans and 
    qualifying commitments to a borrower, exceeds the bank's applicable 
    lending limit at that time, the bank's qualifying commitments to the 
    borrower that exceed the bank's lending limit at that time are deemed 
    to be permanently disqualified, beginning with the most recent 
    qualifying commitment and proceeding in reverse chronological order. 
    When a commitment is disqualified, the entire commitment is 
    disqualified and the disqualified commitment is no longer considered a 
    ``loan or extension of credit.'' Advances of funds under a disqualified 
    or non-qualifying commitment may only be made to the extent that the 
    advance, together with all other outstanding loans to the borrower, do 
    not exceed the bank's lending limit at the time of the advance, 
    calculated pursuant to Sec. 32.4.
        (m) Readily marketable collateral means financial instruments and 
    bullion that are salable under ordinary market conditions with 
    reasonable promptness at a fair market value determined by quotations 
    based upon actual transactions on an auction or similarly available 
    daily bid and ask price market.
        (n) Readily marketable staple means an article of commerce, 
    agriculture, or industry, such as wheat and other grains, cotton, wool, 
    and basic metals such as tin, copper and lead, in the form of 
    standardized interchangeable units, that is easy to sell in a market 
    with sufficiently frequent price quotations.
        (1) An article comes within this definition if--
        (i) The exact price is easy to determine; and
        (ii) The staple itself is easy to sell at any time at a price that 
    would not be considerably less than the amount at which it is valued as 
    collateral.
        (2) Whether an article qualifies as a readily marketable staple is 
    determined on the basis of the conditions existing at the time the loan 
    or extension of credit that is secured by the staples is made.
        (o) Sale of Federal funds means any transaction between depository 
    institutions involving the transfer of immediately available funds 
    resulting from credits to deposit balances at Federal Reserve Banks, or 
    from credits to new or existing deposit balances due from a 
    correspondent depository institution.
        (p) Standby letter of credit means any letter of credit, or similar 
    arrangement, that represents an obligation to the beneficiary on the 
    part of the issuer:
        (1) To repay money borrowed by or advanced to or for the account of 
    the account party;
        (2) To make payment on account of any indebtedness undertaken by 
    the account party; or
        (3) To make payment on account of any default by the account party 
    in the performance of an obligation.
    
    
    Sec. 32.3  Lending limits.
    
        (a) Combined general limit. A national bank's total outstanding 
    loans and extensions of credit to one borrower [[Page 8535]] may not 
    exceed 15 percent of the bank's capital and surplus, plus an additional 
    10 percent of the bank's capital and surplus, if the amount that 
    exceeds the bank's 15 percent general limit is fully secured by readily 
    marketable collateral, as defined in Sec. 32.2(m). To qualify for the 
    additional 10 percent limit, the bank must perfect a security interest 
    in the collateral under applicable law and the collateral must have a 
    current market value at all times of at least 100 percent of the amount 
    of the loan or extension of credit that exceeds the bank's 15 percent 
    general limit.
        (b) Loans subject to special lending limits. The following loans or 
    extensions of credit are subject to the lending limits set forth below. 
    When loans and extensions of credit qualify for more than one special 
    lending limit, the special limits are cumulative.
        (1) Loans secured by bills of lading or warehouse receipts covering 
    readily marketable staples. (i) A national bank's loans or extensions 
    of credit to one borrower secured by bills of lading, warehouse 
    receipts, or similar documents transferring or securing title to 
    readily marketable staples, as defined in Sec. 32.2(n), may not exceed 
    35 percent of the bank's capital and surplus in addition to the amount 
    allowed under the bank's combined general limit. The market value of 
    the staples securing the loan must at all times equal at least 115 
    percent of the amount of the outstanding loan that exceeds the bank's 
    combined general limit.
        (ii) Staples that qualify for this special limit must be 
    nonperishable, may be refrigerated or frozen, and must be fully covered 
    by insurance if such insurance is customary. Whether a staple is non-
    perishable must be determined on a case-by-case basis because of 
    differences in handling and storing commodities.
        (iii) This special limit applies to a loan or extension of credit 
    arising from a single transaction or secured by the same staples, 
    provided that the duration of the loan or extension of credit is:
        (A) Not more than ten months if secured by nonperishable staples; 
    or
        (B) Not more than six months if secured by refrigerated or frozen 
    staples.
        (iv) The holder of the warehouse receipts, order bills of lading, 
    documents qualifying as documents of title under the Uniform Commercial 
    Code, or other similar documents, must have control and be able to 
    obtain immediate possession of the staple so that the bank is able to 
    sell the underlying staples and promptly transfer title and possession 
    to a purchaser if default should occur on a loan secured by such 
    documents. The existence of a brief notice period, or similar 
    procedural requirements under applicable law, for the disposal of the 
    collateral will not affect the eligibility of the instruments for this 
    special limit.
        (A) Field warehouse receipts are an acceptable form of collateral 
    when issued by a duly bonded and licensed grain elevator or warehouse 
    having exclusive possession and control of the staples even though the 
    grain elevator or warehouse is maintained on the premises of the owner 
    of the staples.
        (B) Warehouse receipts issued by the borrower-owner that is a grain 
    elevator or warehouse company, duly-bonded and licensed and regularly 
    inspected by state or Federal authorities, may be considered eligible 
    collateral under this provision only when the receipts are registered 
    with an independent registrar whose consent is required before the 
    staples may be withdrawn from the warehouse.
        (2) Discount of installment consumer paper. (i) A national bank's 
    loans and extensions of credit to one borrower that arise from the 
    discount of negotiable or nonnegotiable installment consumer paper, as 
    defined at Sec. 32.2(e), that carries a full recourse endorsement or 
    unconditional guarantee by the person selling the paper, may not exceed 
    10 percent of the bank's capital and surplus in addition to the amount 
    allowed under the bank's combined general limit. An unconditional 
    guarantee may be in the form of a repurchase agreement or separate 
    guarantee agreement. A condition reasonably within the power of the 
    bank to perform, such as the repossession of collateral, will not make 
    conditional an otherwise unconditional guarantee.
        (ii) Where the seller of the paper offers only partial recourse to 
    the bank, the lending limits of this section apply to the obligation of 
    the seller to the bank, which is measured by the total amount of paper 
    the seller may be obligated to repurchase or has guaranteed.
        (iii) Where the bank is relying primarily upon the maker of the 
    paper for payment of the loans or extensions of credit and not upon any 
    full or partial recourse endorsement or guarantee by the seller of the 
    paper, the lending limits of this section apply only to the maker. The 
    bank must substantiate its reliance on the maker with--
        (A) Records supporting the bank's independent credit analysis of 
    the maker's ability to repay the loan or extension of credit, 
    maintained by the bank or by a third party that is contractually 
    obligated to make those records available for examination purposes; and
        (B) A written certification by an officer of the bank authorized by 
    the bank's board of directors or any designee of that officer, that the 
    bank is relying primarily upon the maker to repay the loan or extension 
    of credit.
        (iv) Where paper is purchased in substantial quantities, the 
    records, evaluation, and certification must be in a form appropriate 
    for the class and quantity of paper involved. The bank may use sampling 
    techniques, or other appropriate methods, to independently verify the 
    reliability of the credit information supplied by the seller.
        (3) Loans secured by documents covering livestock. (i) A national 
    bank's loans or extensions of credit to one borrower secured by 
    shipping documents or instruments that transfer or secure title to or 
    give a first lien on livestock may not exceed 10 percent of the bank's 
    capital and surplus in addition to the amount allowed under the bank's 
    combined general limit. The market value of the livestock securing the 
    loan must at all times equal at least 115 percent of the amount of the 
    outstanding loan that exceeds the bank's combined general limit. For 
    purposes of this subsection, the term ``livestock'' includes dairy and 
    beef cattle, hogs, sheep, goats, horses, mules, poultry and fish, 
    whether or not held for resale.
        (ii) The bank must maintain in its files an inspection and 
    valuation for the livestock pledged that is reasonably current, taking 
    into account the nature and frequency of turnover of the livestock to 
    which the documents relate, but in any case not more than 12 months 
    old.
        (iii) Under the laws of certain states, persons furnishing 
    pasturage under a grazing contract may have a lien on the livestock for 
    the amount due for pasturage. If a lien that is based on pasturage 
    furnished by the lienor prior to the bank's loan or extension of credit 
    is assigned to the bank by a recordable instrument and protected 
    against being defeated by some other lien or claim, by payment to a 
    person other than the bank, or otherwise, it will qualify under this 
    exception provided the amount of the perfected lien is at least equal 
    to the amount of the loan and the value of the livestock is at no time 
    less than 115 percent of the portion of the loan or extension of credit 
    that exceeds the bank's combined general limit. When the amount due 
    under the grazing contract is dependent upon future performance, the 
    resulting lien does not meet the requirements of the exception.
        (4) Loans secured by dairy cattle. A national bank's loans and 
    extensions of credit to one borrower that arise from the discount by 
    dealers in dairy cattle of [[Page 8536]] paper given in payment for the 
    cattle may not exceed 10 percent of the bank's capital and surplus in 
    addition to the amount allowed under the bank's combined general limit. 
    To qualify, the paper--
        (i) Must carry the full recourse endorsement or unconditional 
    guarantee of the seller; and
        (ii) Must be secured by the cattle being sold, pursuant to liens 
    that allow the bank to maintain a perfected security interest in the 
    cattle under applicable law.
        (5) Additional advances to complete project financing pursuant to 
    renewal of a qualifying commitment to lend. A national bank may renew a 
    qualifying commitment to lend, as defined by Sec. 32.2(l), and complete 
    funding under that commitment if all of the following criteria are 
    met--
        (i) The completion of funding is consistent with safe and sound 
    banking practices and is made to protect the position of the bank;
        (ii) The completion of funding will enable the borrower to complete 
    the project for which the qualifying commitment to lend was made; and
        (iii) The amount of the additional funding does not exceed the 
    unfunded portion of the bank's qualifying commitment to lend.
        (c) Loans not subject to the lending limits. The following loans or 
    extensions of credit are not subject to the lending limits of 12 U.S.C. 
    84 or this part.
        (1) Loans arising from the discount of commercial or business 
    paper. (i) Loans or extensions of credit arising from the discount of 
    negotiable commercial or business paper that evidences an obligation to 
    the person negotiating the paper. The paper--
        (A) Must be given in payment of the purchase price of commodities 
    purchased for resale, fabrication of a product, or any other business 
    purpose that may reasonably be expected to provide funds for payment of 
    the paper; and
        (B) Must bear the full recourse endorsement of the owner of the 
    paper, except that paper discounted in connection with export 
    transactions, that is transferred without recourse, or with limited 
    recourse, must be supported by an assignment of appropriate insurance 
    covering the political, credit, and transfer risks applicable to the 
    paper, such as insurance provided by the Export-Import Bank.
        (ii) A failure to pay principal or interest on commercial or 
    business paper when due does not result in a loan or extension of 
    credit to the maker or endorser of the paper; however, the amount of 
    such paper thereafter must be counted in determining whether additional 
    loans or extensions of credit to the same borrower may be made within 
    the limits of 12 U.S.C. 84 and this part.
        (2) Bankers' acceptances. A bank's acceptance of drafts eligible 
    for rediscount under 12 U.S.C. 372 and 373, or a bank's purchase of 
    acceptances created by other banks that are eligible for rediscount 
    under those sections; but not including--
        (i) A bank's acceptance of drafts ineligible for rediscount (which 
    constitutes a loan by the bank to the customer for whom the acceptance 
    was made, in the amount of the draft);
        (ii) A bank's purchase of ineligible acceptances created by other 
    banks (which constitutes a loan from the purchasing bank to the 
    accepting bank, in the amount of the purchase price); and
        (iii) A bank's purchase of its own acceptances (which constitutes a 
    loan to the bank's customer for whom the acceptance was made, in the 
    amount of the purchase price).
        (3)(i) Loans secured by U.S. obligations. Loans or extensions of 
    credit, or portions thereof, to the extent fully secured by the current 
    market value of:
        (A) Bonds, notes, certificates of indebtedness, or Treasury bills 
    of the United States or by similar obligations fully guaranteed as to 
    principal and interest by the United States;
        (B) Loans to the extent guaranteed as to repayment of principal by 
    the full faith and credit of the U.S. government, as set forth in 
    paragraph (c)(4)(ii) of this section.
        (ii) To qualify under this paragraph, the bank must perfect a 
    security interest in the collateral under applicable law.
        (4) Loans to or guaranteed by a Federal agency. (i) Loans or 
    extensions of credit to any department, agency, bureau, board, 
    commission, or establishment of the United States or any corporation 
    wholly owned directly or indirectly by the United States.
        (ii) Loans or extensions of credit, including portions thereof, to 
    the extent secured by unconditional takeout commitments or guarantees 
    of any of the foregoing governmental entities. The commitment or 
    guarantee--
        (A) Must be payable in cash or its equivalent within 60 days after 
    demand for payment is made;
        (B) Is considered unconditional if the protection afforded the bank 
    is not substantially diminished or impaired if loss should result from 
    factors beyond the bank's control. Protection against loss is not 
    materially diminished or impaired by procedural requirements, such as 
    an agreement to take over only in the event of default, including 
    default over a specific period of time, a requirement that notification 
    of default be given within a specific period after its occurrence, or a 
    requirement of good faith on the part of the bank.
        (5) Loans to or guaranteed by general obligations of a State or 
    political subdivision. Loans or extensions of credit to a State or 
    political subdivision that constitutes a general obligation of the 
    State or political subdivision, as defined in Part 1 of this chapter, 
    and for which the lending bank has obtained the opinion of counsel that 
    the loan or extension of credit is a valid and enforceable general 
    obligation of the borrower, and loans or extensions of credit, 
    including portions thereof, to the extent guaranteed or secured by a 
    general obligation of a State or political subdivision and for which 
    the lending bank has obtained the opinion of counsel that the guarantee 
    or collateral is a valid and enforceable general obligation of that 
    public body.
        (6) Loans secured by segregated deposit accounts. Loans or 
    extensions of credit, including portions thereof, to the extent secured 
    by a segregated deposit account in the lending bank, provided a 
    security interest in the deposit has been perfected under applicable 
    law.
        (i) Where the deposit is eligible for withdrawal before the secured 
    loan matures, the bank must establish internal procedures to prevent 
    release of the security without the lending bank's prior consent.
        (ii) A deposit that is denominated and payable in a currency other 
    than that of the loan or extension of credit that it secures may be 
    eligible for this exception if the currency is freely convertible to 
    U.S. dollars.
        (A) This exception applies to only that portion of the loan or 
    extension of credit that is covered by the U.S. dollar value of the 
    deposit.
        (B) The lending bank must establish procedures to revalue foreign 
    currency deposits to ensure that the loan or extension of credit 
    remains fully secured at all times.
        (7) Loans to financial institutions with the approval of the 
    Comptroller. Loans or extensions of credit to any financial institution 
    or to any receiver, conservator, superintendent of banks, or other 
    agent in charge of the business and property of a financial institution 
    when an emergency situation exists and a national bank is asked to 
    provide assistance to another financial institution, and the loan is 
    approved by the Comptroller. For purposes of this 
    [[Page 8537]] paragraph, financial institution means a commercial bank, 
    savings bank, trust company, savings association, or credit union.
        (8) Loans to the Student Loan Marketing Association. Loans or 
    extensions of credit to the Student Loan Marketing Association.
        (9) Loans to industrial development authorities. A loan or 
    extension of credit to an industrial development authority or similar 
    public entity created to construct and lease a plant facility, 
    including a health care facility, to an industrial occupant will be 
    deemed a loan to the lessee, provided that--
        (i) The bank evaluates the creditworthiness of the industrial 
    occupant before the loan is extended to the authority;
        (ii) The authority's liability on the loan is limited solely to 
    whatever interest it has in the particular facility;
        (iii) The authority's interest is assigned to the bank as security 
    for the loan or the industrial occupant issues a promissory note to the 
    bank that provides a higher order of security than the assignment of a 
    lease; and
        (iv) The industrial occupant's lease rentals are assigned and paid 
    directly to the bank.
        (10) Loans to leasing companies. A loan or extension of credit to a 
    leasing company for the purpose of purchasing equipment for lease will 
    be deemed a loan to the lessee, provided that--
        (i) The bank evaluates the creditworthiness of the lessee before 
    the loan is extended to the leasing corporation;
        (ii) The loan is without recourse to the leasing corporation;
        (iii) The bank is given a security interest in the equipment and in 
    the event of default, may proceed directly against the equipment and 
    the lessee for any deficiency resulting from the sale of the equipment;
        (iv) The leasing corporation assigns all of its rights under the 
    lease to the bank;
        (v) The lessee's lease payments are assigned and paid to the bank; 
    and
        (vi) The lease terms are subject to the same limitations that would 
    apply to a national bank acting as a lessor.
    
    
    Sec. 32.4  Calculation of lending limits.
    
        (a) Calculation date. For purposes of determining compliance with 
    12 U.S.C. 84 and this part, a bank's lending limit shall be calculated 
    as of the most recent of the following dates--
        (1) When the bank's Consolidated Report of Condition and Income is 
    required to be filed; or
        (2) When there is a change in the bank's capital category for 
    purposes of 12 U.S.C. 1831o and part 6 of this chapter.
        (b) Authority of OCC to require more frequent calculations. If the 
    OCC determines for safety and soundness reasons that a bank should 
    calculate its lending limit more frequently than required by paragraph 
    (a) of this section, the OCC may provide written notice to the bank 
    directing the bank to calculate its lending limit at a more frequent 
    interval, and the bank shall thereafter calculate its lending limit at 
    that interval until further notice.
    
    
    Sec. 32.5  Combination rules.
    
        (a) General rule. Loans or extensions of credit to one borrower 
    will be attributed to another person and each person will be deemed a 
    borrower--
        (1) When proceeds of a loan or extension of credit are to be used 
    for the direct benefit of the other person, to the extent of the 
    proceeds so used; or
        (2) When a common enterprise is deemed to exist between the 
    persons.
        (b) Direct benefit. The proceeds of a loan or extension of credit 
    to a borrower will be deemed to be used for the direct benefit of 
    another person and will be attributed to the other person when the 
    proceeds, or assets purchased with the proceeds, are transferred to 
    another person, other than in a bona fide arm's length transaction 
    where the proceeds are used to acquire property, goods, or services.
        (c) Common enterprise. A common enterprise will be deemed to exist 
    and loans to separate borrowers will be aggregated:
        (1) When the expected source of repayment for each loan or 
    extension of credit is the same for each borrower and neither borrower 
    has another source of income from which the loan (together with the 
    borrower's other obligations) may be fully repaid. An employer will not 
    be treated as a source of repayment under this paragraph because of 
    wages and salaries paid to an employee, unless the standards of 
    paragraph (c)(2) of this section are met;
        (2) When loans or extensions of credit are made--
        (i) To borrowers who are related directly or indirectly through 
    common control, including where one borrower is directly or indirectly 
    controlled by another borrower; and
        (ii) Substantial financial interdependence exists between or among 
    the borrowers. Substantial financial interdependence is deemed to exist 
    when 50 percent or more of one borrower's gross receipts or gross 
    expenditures (on an annual basis) are derived from transactions with 
    the other borrower. Gross receipts and expenditures include gross 
    revenues/expenses, intercompany loans, dividends, capital 
    contributions, and similar receipts or payments;
        (3) When separate persons borrow from a bank to acquire a business 
    enterprise of which those borrowers will own more than 50 percent of 
    the voting securities or voting interests, in which case a common 
    enterprise is deemed to exist between the borrowers for purposes of 
    combining the acquisition loans; or
        (4) When the OCC determines, based upon an evaluation of the facts 
    and circumstances of particular transactions, that a common enterprise 
    exists.
        (d) Special rule for loans to a corporate group. (1) Loans or 
    extensions of credit by a bank to a corporate group may not exceed 50 
    percent of the bank's capital and surplus. This limitation applies only 
    to loans subject to the combined general limit. A corporate group 
    includes a person and all of its subsidiaries. For purposes of this 
    paragraph, a corporation or a limited liability company is a subsidiary 
    of a person if the person owns or beneficially owns directly or 
    indirectly more than 50 percent of the voting securities or voting 
    interests of the corporation or company.
        (2) Except as provided in paragraph (d)(1) of this section, loans 
    or extensions of credit to a person and its subsidiary, or to different 
    subsidiaries of a person, are not combined unless either the direct 
    benefit or the common enterprise test is met.
        (e) Special rules for loans to partnerships, joint ventures, and 
    associations.--(1) Partnership loans. Loans or extensions of credit to 
    a partnership, joint venture, or association are deemed to be loans or 
    extensions of credit to each member of the partnership, joint venture, 
    or association. This rule does not apply to limited partners in limited 
    partnerships or to members of joint ventures or associations if the 
    partners or members, by the terms of the partnership or membership 
    agreement, are not held generally liable for the debts or actions of 
    the partnership, joint venture, or association, and those provisions 
    are valid under applicable law.
        (2) Loans to partners. (i) Loans or extensions of credit to members 
    of a partnership, joint venture, or association are not attributed to 
    the partnership, joint venture, or association unless either the direct 
    benefit or the common enterprise tests are met. Both the direct benefit 
    and common enterprise tests are met between a member of a partnership, 
    joint venture or association and such partnership, joint venture or 
    association, [[Page 8538]] when loans or extensions of credit are made 
    to the member to purchase an interest in the partnership, joint venture 
    or association.
        (ii) Loans or extensions of credit to members of a partnership, 
    joint venture, or association are not attributed to other members of 
    the partnership, joint venture, or association unless either the direct 
    benefit or common enterprise test is met.
        (f) Loans to foreign governments, their agencies, and 
    instrumentalities.--(1) Aggregation. Loans and extensions of credit to 
    foreign governments, their agencies, and instrumentalities will be 
    aggregated with one another only if the loans or extensions of credit 
    fail to meet either the means test or the purpose test at the time the 
    loan or extension of credit is made.
        (i) The means test is satisfied if the borrower has resources or 
    revenue of its own sufficient to service its debt obligations. If the 
    government's support (excluding guarantees by a central government of 
    the borrower's debt) exceeds the borrower's annual revenues from other 
    sources, it will be presumed that the means test has not been 
    satisfied.
        (ii) The purpose test is satisfied if the purpose of the loan or 
    extension of credit is consistent with the purposes of the borrower's 
    general business.
        (2) Documentation. In order to show that the means and purpose 
    tests have been satisfied, a bank must, at a minimum, retain in its 
    files the following items:
        (i) A statement (accompanied by supporting documentation) 
    describing the legal status and the degree of financial and operational 
    autonomy of the borrowing entity;
        (ii) Financial statements for the borrowing entity for a minimum of 
    three years prior to the date the loan or extension of credit was made 
    or for each year that the borrowing entity has been in existence, if 
    less than three;
        (iii) Financial statements for each year the loan or extension of 
    credit is outstanding;
        (iv) The bank's assessment of the borrower's means of servicing the 
    loan or extension of credit, including specific reasons in support of 
    that assessment. The assessment shall include an analysis of the 
    borrower's financial history, its present and projected economic and 
    financial performance, and the significance of any financial support 
    provided to the borrower by third parties, including the borrower's 
    central government; and
        (v) A loan agreement or other written statement from the borrower 
    which clearly describes the purpose of the loan or extension of credit. 
    The written representation will ordinarily constitute sufficient 
    evidence that the purpose test has been satisfied. However, when, at 
    the time the funds are disbursed, the bank knows or has reason to know 
    of other information suggesting that the borrower will use the proceeds 
    in a manner inconsistent with the written representation, it may not, 
    without further inquiry, accept the representation.
        (3) Restructured loans.--(i) Non-combination rule. Notwithstanding 
    paragraphs (a) through (e) of this section, when previously outstanding 
    loans and other extensions of credit to a foreign government, its 
    agencies, and instrumentalities (i.e., public-sector obligors) that 
    qualified for a separate lending limit under paragraph (f)(1) of this 
    section are consolidated under a central obligor in a qualifying 
    restructuring, such loans will not be aggregated and attributed to the 
    central obligor. This includes any substitution in named obligors, 
    solely because of the restructuring. Such loans (other than loans 
    originally attributed to the central obligor in their own right) will 
    not be considered obligations of the central obligor and will continue 
    to be attributed to the original public-sector obligor for purposes of 
    the lending limit.
        (ii) Qualifying restructuring. Loans and other extensions of credit 
    to a foreign government, its agencies, and instrumentalities will 
    qualify for the non-combination process under paragraph (f)(3)(i) of 
    this section only if they are restructured in a sovereign debt 
    restructuring approved by the OCC, upon request by a bank for 
    application of the non combination rule. The factors that the OCC will 
    use in making this determination include, but are not limited to, the 
    following:
        (A) Whether the restructuring involves a substantial portion of the 
    total commercial bank loans outstanding to the foreign government, its 
    agencies, and instrumentalities;
        (B) Whether the restructuring involves a substantial number of the 
    foreign country's external commercial bank creditors;
        (C) Whether the restructuring and consolidation under a central 
    obligor is being done primarily to facilitate external debt management; 
    and
        (D) Whether the restructuring includes features of debt or debt-
    service reduction.
        (iii) 50 percent aggregate limit. With respect to any case in which 
    the non-combination process under paragraph (f)(3)(i) of this section 
    applies, a national bank's loans and other extensions of credit to a 
    foreign government, its agencies and instrumentalities, (including 
    restructured debt) shall not exceed, in the aggregate, 50 percent of 
    the bank's capital and surplus.
    
    
    Sec. 32.6  Nonconforming loans.
    
        (a) A loan, within a bank's legal lending limit when made, will not 
    be deemed a violation but will be treated as nonconforming if the loan 
    is no longer in conformity with the bank's lending limit because--
        (1) The bank's capital has declined, borrowers have subsequently 
    merged or formed a common enterprise, lenders have merged, the lending 
    limit or capital rules have changed; or
        (2) Collateral securing the loan to satisfy the requirements of a 
    lending limit exception has declined in value.
        (b) A bank must use reasonable efforts to bring a loan that is 
    nonconforming as a result of paragraph (a)(1) of this section into 
    conformity with the bank's lending limit unless to do so would be 
    inconsistent with safe and sound banking practices.
        (c) A bank must bring a loan that is nonconforming as a result of 
    circumstances described in paragraph (a)(2) of this section into 
    conformity with the bank's lending limit within 30 calendar days, 
    except when judicial proceedings, regulatory actions or other 
    extraordinary circumstances beyond the bank's control prevent the bank 
    from taking action.
    
        Dated: February 6, 1995.
    Eugene A. Ludwig,
    Comptroller of the Currency.
    [FR Doc. 95-3363 Filed 2-14-95; 8:45 am]
    BILLING CODE 4810-33-P
    
    

Document Information

Effective Date:
3/17/1995
Published:
02/15/1995
Department:
Comptroller of the Currency
Entry Type:
Rule
Action:
Final rule.
Document Number:
95-3363
Dates:
March 17, 1995.
Pages:
8526-8538 (13 pages)
Docket Numbers:
Docket No. 95-03
RINs:
1557-AA72
PDF File:
95-3363.pdf
CFR: (16)
12 CFR 32.2(a)
12 CFR 32.3(a)
12 CFR 32.5(a)
12 CFR 32.3(b)(5))
12 CFR 32.2(j)
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