Skip to content
BOL Conferences
Thread Options
#258988 - 10/20/04 04:45 AM Reg O Executive Officer
Anonymous
Unregistered

The owner of the bank is designated as an executive officer and has borrowed money (over $500,000)in the holding companies name and secured it with a personal guarantee.

I am being told that we have a reg o violation, but could resolve this if the personal guarantee is removed?

Can the bank extend credit over the $100,000 to this individual when the loan is set-up in the described manner?

Return to Top
Lending Compliance
#258989 - 10/20/04 04:29 PM Re: Reg O Executive Officer
Ted Dreyer Offline
Diamond Poster
Ted Dreyer
Joined: Apr 2001
Posts: 2,245
You have two issues. First, the guaranty makes the loan an indirect extension of credit to the EO personally. Second, even without the guaranty you need to be concerned that the proceeds of the loan might be considered as being used for the "tangible economic benefit" of the EO under 12 CFR 215.3(f).

Return to Top
#258990 - 10/26/04 05:05 AM Re: Reg O Executive Officer
EdOils Offline
Platinum Poster
EdOils
Joined: Jan 2004
Posts: 555
Louisiana
Is this loan unsecured? If so, you have a 23A problem also. See Reg W, 223.14
_________________________
You gain education by reading the fine print. You gain experience by not.

Return to Top

Moderator:  Andy_Z