What is the unsecured legal lending limit for nationally chartered banks?
Can the bank set preapproved lending guidance on insiders? We would like to set an aggregate lending limit to each bank insider that would not need board approval if it met certain underwriting guidelines such as maximum DTI, minimum DSC, etc. I believe we would have these guidance levels approved yearly by the board. I am trying to make sure that we are not in violation of anything by doing this.
Our Executive Officers sign on accounts for churches and other types of accounts, but they are not owners of the accounts. Is this a Reg O violation to overdraw those accounts and do they have to be charged an overdraft fee?
Does Reg O apply to loans to immediate family members? For example, the spouse of an individual, the individual's minor children and any of the individual's children. If so, where in regulation does it state this?
Reg O - Individual Lending Limit, what is the definition of the term "readily marketable collateral" in relation to an insider's lending limit (the additional 10% of unimpaired capital and unimpaired surplus)? Is real estate with a valid appraisal considered "readily marketable collateral"?
I recently saw a response in a BOL Thread that "suggested" that when a bank is required to file a SAR on an employee (or insider) that the bank should also notify its primary banking regulator. I can find no other guidance on this matter and want to know when, or if, this is a requirement to notify our regulator when we file an employee/insider SAR.
What are the industry standards regarding each loan officer's lending limit? Are there any regulations regarding this topic? Our bank is trying to decide if we should increase each loan officer's lending limit.
I need you to settle a dispute regarding Reg O. When doing the annual review of Reg O, and totaling the dollar amount of extensions of credit to determine an executive officer's "single insider aggregate lending limit," do you use the original amount of the loans or do you use the balance owing on the loans? (Excluding lines of credit on which you do use the original amount.) This is in regards to the $100,000 restrictive lending limits for executive officers. I say we should use the original amount of the loans and the CCO says we should use the balance owing as of the date of the review. Could you please clarify this for me?
You have two borrowers, both are very close to reaching the legal lending limit, and one borrower buys out the other. Are you now in violation of going over the legal lending limit to one entity?
An executive officer's spouse obtains a loan to purchase property over $100k. The property is deeded to the spouse only, but the executive officer is required to sign the mortgage due to state real estate laws. Is the credit considered an extension of credit to the executive officer, since his signature was required on the mortgage in order to pledge the property to the note?