Control

Control means a person or entity directly or indirectly, or acting through or together with one or more persons or entities:
(1) Owns, controls, or has the power to vote 25 percent or more of any class of voting securities of another person or entity;
(2) Controls, in any manner, the election of a majority of the directors, trustees, or other persons exercising similar functions of another person or entity; or
(3) Has the power to exercise a controlling influence over the management or policies of another person or entity.

Source

12 CFR § 701.22


Scoping language

This section applies only to loan participations as defined in paragraph of this section. It does not apply to the purchase of an investment interest in a pool of loans. This section establishes the requirements a federally insured credit union must satisfy to purchase a participation in a loan. This section applies only to a federally insured credit union's purchase of a loan participation where the borrower is not a member of that credit union and where a continuing contractual obligation between the seller and purchaser is contemplated. Generally, a federal credit union's purchase of all or part of a loan made to one of its own members, subject to a limited exception for certain well capitalized federal credit unions in 701.23(b)(2), where no continuing contractual obligation between the seller and purchaser is contemplated, is governed by 701.23 of this part. Federally insured state-chartered credit unions are required by 741.225 of this chapter to comply with the loan participation requirements of this section. This section does not apply to corporate credit unions, as that term is defined in 704.2 of this chapter.

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