17:9A-60. Definitions

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60. Definitions.

For the purposes of this article,

(1)"Person" means an individual, partnership, corporation, association or body politic, or any similar entity or organization;

(2)"Investment securities" means those marketable corporate obligations in the form of bonds, debentures or similar instruments as are commonly known as investment securities, under such further definition of investment securities as may by regulation be prescribed by the commissioner;

(3)(Deleted by amendment, P.L.1997, c.33.)

(4)(Deleted by amendment, P.L.1997, c.33.)

(5)(Deleted by amendment, P.L.1997, c.33.)

(6)(Deleted by amendment, P.L.1997, c.33.)

(7)(Deleted by amendment, P.L.1997, c.33.)

(8)(Deleted by amendment, P.L.1997, c.33.)

(9)"Capital funds" of a bank or savings bank means the aggregate of the unimpaired capital stock, surplus and undivided profits of the bank or savings bank plus all other funds which are authorized by law to be included in capital funds for the purposes of this article. The commissioner may, by regulation, provide that contingent reserves of a bank or savings bank, as defined in such regulation, may be included in the capital funds of a bank or savings bank for the purposes of this article;

(10)"Loans and extension of credit" means a bank's or savings bank's direct or indirect advance of funds to or on behalf of a borrower based on an obligation of the borrower to repay the funds or repayable from specific property pledged by or on behalf of the borrower;

(11)"Borrower" means a person who is named as a borrower or debtor in a loan or extension of credit. Loans or extensions of credit to one borrower shall be attributed to another person and each person shall be deemed a borrower:

(a)when proceeds of a loan or extension of credit are to be used for the direct benefit of the other person, to the extent of the proceeds so used; or

(b)when a common enterprise is deemed to exist between the persons.

L.1948,c.67,c.60; amended 1953, c.141, s.1; 1965, c.171, s.20; 1969, c.244, s.3; 1997, c.33, s.10.