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#1995885 - 02/13/15 02:55 PM Waive Origination Fee for Exec Officer
ALW Offline
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Joined: Dec 2014
Posts: 100
One of our executive officers would like to refinance his home. Typically, for employee loans we waive origination charges; would it be acceptable to waive it for our executive officer as well? What other considerations should be given for this transaction?

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#1995892 - 02/13/15 03:07 PM Re: Waive Origination Fee for Exec Officer ALW
Dan Persfull Offline
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Dan Persfull
Joined: Aug 2002
Posts: 47,530
Bloomington, IN
If the fee waiver is an employee benefit then there would be no issue under Reg. O for waiving the EO's fee.

You will want to review 215.5(c).
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The opinions expressed are mine and they are not to be taken as legal advice.

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#1996157 - 02/13/15 10:05 PM Re: Waive Origination Fee for Exec Officer ALW
John Burnett Offline
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John Burnett
Joined: Oct 2000
Posts: 40,086
Cape Cod
I'll second Dan's recommendation that you review section 215.5(c) and ensure that the refinancing will fit precisely the restriction in 215.5(c)(2). If it won't fit there, it has to fit the "default" bucket in 215.5(c)(4), and that has a $100,000 cap.

There's also the requirement in 215.5(d) that the bank have on file a current personal financial statement of the EO and that the loan agreement include the demand clause (or have a rider with the demand clause) required by 215.5(d)(4).
Last edited by John Burnett; 02/13/15 10:08 PM. Reason: correction
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John S. Burnett
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