6-352

6-352. Limitations of obligations to a bank;
exceptions; definitions

A. A bank may lend to a single borrower an amount equal to not more than twenty per
cent of its capital, plus an amount equal to an additional ten per cent of its capital if
the additional amounts are fully secured by readily marketable collateral which has a
market value, as determined by reliable and continuously available price quotations, at
least equal to the amount of the loan.

B. A bank shall notify the department the first time it makes a loan in an amount
in excess of fifteen per cent of its capital. The notification to the department shall be
made in writing and submitted to the department within a reasonable period of time.

C. Each bank shall institute adequate procedures to ensure compliance with
subsection A.

D. The limitations of subsection A do not apply to:

1. Obligations incurred by the assignment, endorsement or guarantee of the
obligation of a third person, including an agreement to purchase the third person's
obligation or the collateral therefor, if the bank has evaluated the financial condition
and responsibility of the third person and as a result of such evaluation accepts the
obligation in reliance primarily upon the third person for payment. In such case the
obligations of the third person to the bank shall be the sole applicable limitation.

2. Obligations, whether general obligations or payable from revenues or special
assessment, of the United States or any agency or instrumentality thereof, a federal
reserve bank, a state of the United States or a subdivision, instrumentality or public
authority organized under the laws of such state.

3. Obligations to the extent they are secured by the guarantee, insurance or other
like commitment of the United States, an agency or instrumentality of the United States,
a federal reserve bank, a state of the United States or a subdivision, instrumentality or
public authority organized under the laws of such state, whether the commitment provides
for payment in cash or in obligations described in paragraph 2 of this subsection.

4. Obligations to the extent they are secured by any obligation described in
paragraphs 2 and 3 of this subsection at the value thereof, not exceeding face value, at
the time the obligation to the bank is created.

5. Obligations to the extent they are secured by deposits in the bank.

6. Obligations which are outstanding in the regular process of bank collection or
clearing transactions.

7. Obligations of a qualified reserve depository of the bank, unless the
superintendent has by specific order excluded or limited the obligations of such
depository from the exemption of this paragraph.

8. Any obligation created in the sale by the bank of any of its property where the
bank retains title, lien or security interest in the property sold to secure the
obligation.

9. Any obligation under the lease by the bank of any personal property acquired by
the bank in collecting an obligation to it or the lease of any of its real property or
banking equipment.

10. That portion of the obligations of a person to the bank which exceed the
aggregate funds paid and the value of property delivered by the bank in creating the
obligation.

11. Any obligation exempt by rule of the superintendent or arising from the sale of
any assets of the bank in a transaction which has been approved by the superintendent.

E. If the bank participates in an obligation with another obligee, the limitations
of this section shall be applicable only to the extent of the bank's participation.

F. If the value of collateral for a loan which is required to be fully secured
under subsection A falls below one hundred per cent of the outstanding loan, the loan
must be brought into conformance within five business days, except if judicial
proceedings, regulatory actions or other extraordinary occurrences prevent the bank from
taking action.

G. A renewal of a loan or a modification and extension of original repayment terms
are not deemed to be a new loan or an extension of credit except in instances in which
interest on the renewed loan or extension of credit is capitalized or additional money is
advanced.

H. Financial instruments may be denominated in foreign currencies which are freely
convertible to United States dollars. If denominated and payable in a currency other
than that of the loan or extension of credit which it secures, the bank's procedures
adopted pursuant to subsection C shall require that the collateral be revalued at least
monthly using appropriate foreign exchange rates in addition to being valued at current
market value.

I. For the purposes of this section:

1. "Financial instruments" includes stocks, bonds and debentures traded on a
national securities exchange, over the counter margin stocks as defined in regulation U
of the federal reserve board, commercial paper, notes, negotiable certificates of
deposit, banker's acceptance and shares in money market and mutual funds of the type in
which banks may perfect a security interest.

2. "Readily marketable collateral" means financial instruments or bullion which are
saleable under ordinary circumstances with reasonable promptness at a fair market value
determined by quotations based on actual transactions of an auction or a similarly
available daily bid and asked price market.