487.1509 Transacting business in safe and sound manner; considering risks; authority of commissioner not limited.

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Sec. 509.

(1)A licensee shall transact its business in a safe and sound manner and shall maintain itself in a safe and sound condition.

(2)In determining whether a licensee is transacting business in a safe and sound manner or has committed an unsafe or unsound act, the commissioner shall not consider the risk of a provision of financing assistance to a business firm, unless the commissioner determines that the risk is so great compared with the realistically expected return as to demonstrate gross mismanagement.

(3)Subsection

(2)does not limit the authority of the commissioner to do any of the following:

(a)Determine that a licensee's financing assistance to a single business firm or a group of affiliated business firms is in violation of subsection

(1)or constitutes an unsafe or unsound act, if the amount of that financing assistance is unduly large in relation to the total assets or the total owners equity of the licensee.

(b)Require that a licensee maintain a reserve in the amount of anticipated losses.

(c)Require that a licensee have in effect a written financing assistance policy, approved by its board of directors, including credit evaluation and other matters. The commissioner shall not require that a licensee adopt a financing assistance policy that contains standards that prevent the licensee from exercising needed flexibility in evaluating and structuring financing assistance to business firms on a deal by deal basis.

History: 1986, Act 89, Imd. Eff. May 1, 1986 ;-- Am. 1997, Act 150 , Imd. Eff. Dec. 2, 1997