§ 23.3. Lease requirements.
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/us/cfr/t12/s§ 23.3·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)General requirements. A national bank may acquire personal property for the purpose of, or in connection with leasing that property, and may engage in activities incidental thereto, if the lease qualifies as a full-payout lease and a net lease.
(b)Exceptions—(1) Change in condition. If, in good faith, a national bank believes that there has been a change in condition that threatens its financial position by increasing its exposure to loss, then the bank may:
(i)Take reasonable and appropriate action, including the actions specified in § 23.2(f), to salvage or protect the value of the leased property or its interests arising under the lease; and
(ii)Acquire or perfect title to the leased property pursuant to any existing rights.
(2)Provisions to protect the bank's interests. A national bank may include any provision in a lease, or make any additional agreement, to protect its financial position or investment in the event of a change in conditions that would increase its exposure to loss.
(3)Arranging for services by a third party. A national bank may arrange for a third party to provide any of the services enumerated in § 23.2(f) to the lessee at the expense of the lessee.
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§ 23.3
Lease requirements.
Fed. Reg.×10
C.F.R.×1
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