§ 1805.806. Conflict of interest requirements.
278 words·~1 min read·
/us/cfr/t12/s§ 1805.806·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Provision of credit to Insiders.
(1)A Recipient that is a Non-Regulated CDFI may not use any monies provided to it by the CDFI Fund to make any credit (including loans and Equity Investments) available to an Insider, unless it meets the following restrictions:
(i)The credit must be provided pursuant to standard underwriting procedures, terms and conditions;
(ii)The Insider receiving the credit, and any family member or business partner thereof, shall not participate in any way in the decision making regarding such credit;
(iii)The board of directors or other governing body of the Recipient shall approve the extension of the credit; and
(iv)The credit must be provided in accordance with a policy regarding credit to Insiders that has been approved in advance by the CDFI Fund.
(2)A Recipient that is an Insured CDFI, a Depository Institution Holding Company or a State-Insured Credit Union shall comply with the restrictions on Insider activities and any comparable restrictions established by its Appropriate Federal Banking Agency or Appropriate State Agency, as applicable.
(b)Recipient standards of conduct. A Recipient that is a Non-Regulated CDFI shall maintain a code or standards of conduct acceptable to the CDFI Fund that shall govern the performance of its Insiders engaged in the awarding and administration of any credit (including loans and Equity Investments) and contracts using monies from the CDFI Fund. No Insider of a Recipient shall solicit or accept gratuities, favors, or anything of monetary value from any actual or potential borrowers, owners, or contractors for such credit or contracts. Such policies shall provide for disciplinary actions to be applied for violation of the standards by the Recipient's Insiders.