Utah Admin. Code R331-23-1 - Authority, Scope, and Purpose
(1)
The Department of Financial Institutions enacts this rule under authority
granted by Sections
7-1-301,
7-3-19,
and
7-8-20.
(2) The rule applies to all loans and
extensions of credit, including credit exposure to a derivative transaction,
made by banks and industrial loan corporations chartered in the state and their
subsidiaries.
(3) The rule is
intended to prevent one person from borrowing an unduly large amount of a given
bank's or industrial loan corporation's funds, thereby exposing the bank's or
industrial loan corporation's depositors, creditors and stockholders to
excessive risk.
(4) The rule
provides exceptions to the general lending limits set forth in Sections
7-3-19
and 7-8- 20.
(5) The rule does not
apply to loans, extensions of credit and the credit exposure to a derivative
transaction made by a bank or an industrial loan corporation to a subsidiary.
The rule does not apply to loans, extensions of credit and the credit exposure
to a derivative transaction that are subject to, or expressly exempted from, a
federal statute or regulation limiting the amount of total loans and credit
that may be extended to any person or group of persons.
Notes
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