§ 621.8. Application of payments and income recognition on nonaccrual loans.
289 words·~1 min read·
/us/cfr/t12/s§ 621.8·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Each institution shall employ the following practices with respect to application of cash payments on nonaccrual loans:
(a)If the ultimate collectibility of the recorded investment, in whole or in part, is in doubt, any payment received on such loan shall be applied to reduce the recorded investment to the extent necessary to eliminate such doubt.
(b)Once the ultimate collectibility of the recorded investment is no longer in doubt, payments received in cash on such loan may qualify for recognition as interest income if all of the following characteristics are met at the time the payment is received:
(1)The loan does not have a remaining unrecovered prior chargeoff associated with it, except in cases where the prior chargeoff was taken as part of a formal restructuring of the loan;
(2)The payment received has come from a source of repayment detailed in the plan of collection;
(3)The loan, after considering the payment, is not contractually past due more than 90 days and is not expected to become 90 days past due, or a repayment pattern has been established that reasonably demonstrates future repayment capacity.
(c)The institution shall employ the following practices with respect to earned but uncollected interest income on loans, leases, contracts, and similar assets that are determined not to be fully collectible:
(1)Earned but uncollected interest income that was accrued in the current fiscal year and is determined to be uncollectible shall be reversed from interest income; and
(2)Earned but uncollected interest income that was accrued in prior fiscal years and is determined to be uncollectible shall be charged off against the allowance for credit losses. [58 FR 48786, Sept. 20, 1993, as amended at 87 FR 27492, May 9, 2022]