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#1065148 - 10/15/08 09:21 PM Guarantors, Participations & Reg O
Tesla Offline
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Joined: Nov 2003
Posts: 3,726
I believe an insider who guarantees a loan has that loan attributed to him/her for insider calculations. If the guarantee is limited in amount, duration, etc., the attribution is limited UNLESS the insider is also in control of the entity or personally signs the note.

My question is, if the insider controls an entity and personally guarantees a loan to that entity and you participate the loan to get the insider under the insider limit - have you really accomplished your goal because the personal guarantee would continue to be an extension of credit or does the participation take the personal guarantee as well? Or do you count the loan once for the related interest (insider controled entity) and once for the direct obligation (personal guarantee)?
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Lending Compliance
#1065204 - 10/15/08 10:14 PM Re: Guarantors, Participations & Reg O Tesla
Kathleen O. Blanchard Offline

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Kathleen O. Blanchard
Joined: Dec 2000
Posts: 21,293
The guarantee would go with the loan, unless your participant messed up badly! They take the entire deal as booked: collateral, guarantee, etc.
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Kathleen O. Blanchard, CRCM "Kaybee"
HMDA/CRA Training/Consulting/Mapping
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#1065237 - 10/16/08 01:56 AM Re: Guarantors, Participations & Reg O Kathleen O. Blanchard
Tesla Offline
Power Poster
Joined: Nov 2003
Posts: 3,726
Ok - Thanks.
_________________________
It's not that I take life for granted. It's only that the good won't make it. Innocence dies, while Villany Thrives.

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