§ 615.5250. Disclosure requirements for sales of borrower stock.
271 words·~1 min read·
/us/cfr/t12/s§ 615.5250·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)For sales of borrower stock, which for this subpart means equities purchased as a condition for obtaining a loan, a System institution must provide a prospective borrower with the following documents prior to loan closing:
(1)The institution's most recent annual report filed under part 620 of this chapter;
(2)The institution's most recent quarterly report filed under part 620 of this chapter, if more recent than the annual report;
(3)A copy of the institution's capitalization bylaws; and
(4)A written description of the terms and conditions under which the equity is issued. In addition to specific terms and conditions, the description must disclose:
(i)That the equity is an at-risk investment and not a compensating balance;
(ii)That the equity is retireable only at the discretion of the board of directors consistent with the institution's bylaws and only if minimum capital standards established under subpart H of this part and part 628 of this chapter are met and that such retirement may also require the approval of the FCA;
(iii)Whether the institution presently meets its minimum capital standards established under subpart H of this part and part 628 of this chapter;
(iv)Whether the institution knows of any reason the institution may not meet its capital standards on the next earnings distribution date; and
(v)The rights, if any, to share in patronage payments.
(b)Notwithstanding the provisions of paragraph
(a)of this section, no materials previously provided to a purchaser (except the disclosures required by paragraph (a)(4) of this section) need be provided again unless the purchaser requests such materials. [81 FR 49776, July 28, 2016]