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#642813 - 11/27/06 11:46 PM AL - Loans to State Examiners
Jan94 Offline
Platinum Poster
Joined: Mar 2001
Posts: 828
USA
The bank wants to make a loan to their state examiner's wife. This section appears to prohibit this, especially paragraph(b) where is references directly or indirectly. Just want to see if anyone else may be familiar with this and if I am reading this correctly. Thank you.

Section 5-3A-9
Loans, gifts, favors, etc., to Banking Department employees from banks, employees, etc., prohibited.
(a) No officer, agent or employee of any bank shall offer or give to an employee of the State Banking Department or his family, and no such employee nor his family shall solicit or receive anything of value directly or indirectly from a bank, including a gift, favor, or service or a promise of future employment. Expenses associated with social occasions afforded such employee shall not be deemed a thing of value within the meaning of this section or prohibited hereby.

(b) No superintendent, assistant superintendent, deputy superintendent or bank examiner of the State Banking Department shall, either directly or indirectly, be pecuniarily interested in nor borrow from a state bank. Debts now existing and any debt which may be owing at the time of employment to state banks may not be extended or renewed.

(c) Nothing herein shall be construed to prohibit the superintendent or a State Banking Department employee from owning a certificate of deposit in a state bank, however, no preferential rate shall be granted.

(Acts 1980, No. 80-658, 5-3-9; Acts 1988, No. 88-553, p. 869.)

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#648649 - 12/07/06 05:28 PM Re: AL - Loans to State Examiners Jan94
SavannahOne Offline
Diamond Poster
Joined: Sep 2005
Posts: 1,163
Georgia
Absent a definition that says otherwise, a spouse is part of "his family".

The only way I can imagine working around it is if you were to sell a 100% participation of the loan to a National Bank immediately upon closing.

Personally, the spouse should be referred to a National Bank or, and I can't believe I'm typing this, a local credit union.

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