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10 Cards in this Set

  • Front
  • Back

Affiliate under Reg O

Any company of which member bank is subsidiary, or any other subsidiary of that company

Definitions of control

1) same as bank act for group of people


25% vote power


Control election of majority of directors


Controlling influence over policy/ mgmt



2) single executive or director who has 10%+ voting power



Or an individual with 10%+ voting power and no one else has greater percentage


Advisory director is not a director when

Not elected


No voting power


Provides only general policy advice

Executive officer is

Anyone who participates in major policymaking functions of the bank, regardless of title

Officers of affiliates are not subject to reg o when

1) excluded from policymaking by board resolution


2) affiliate doesn't control the bank


3) as determined annually, affiliate isn't more than 10% of assets of company the controls the bank and is not controlled by any other company

Reg O lending limits

15% of unimproved capital and surplus, per insider not fully secured


25% for fully secured by readily marketable collateral


Total extensions exceed $500k to a single person

When is prior approval required for insider loans

When aggregate extensions exceed the higher of $25k or 5% of capital and surplus



Note: board majority required with interested party abstention

When can a bank exceed Reg O limits

If deposits less than $100M, can increase to 2X capital and surplus with annual Board resolution

Director/officer overdrafts not allowed unless

1) written pre-authorozed interest-bearing extension of credit plan


2) written reauthorization transfer of funds from another account

Overdraft prohibitions don't apply when

1) inadvertent and less than $1k


2) if less than 5 business days and


3) bank charges same overdraft fee as it would customers