1090
LAWS OF MARYLAND
Ch. 282
EACH DIRECTOR, OFFICER, AND CONTROLLING PERSON OF A SAVINGS
AND LOAN ASSOCIATION SHALL:
(1) ACT IN A FIDUCIARY CAPACITY TOWARDS THE
ASSOCIATION, AND THE ASSOCIATION'S MEMBERS, STOCKHOLDERS, AND
DEPOSITORS; AND
(2) DISCHARGE DUTIES AND THEIR RESPECTIVE POSITIONS
IN GOOD FAITH, AND WITH THE SAME DILIGENCE AND CARE THAT AN
ORDINARILY PRUDENT PERSON WOULD EXERCISE UNDER A SIMILAR
CIRCUMSTANCE IN A LIKE POSITION.
(B) CONFLICT OF INTEREST.
A DIRECTOR, OFFICER, CONTROLLING PERSON, OR EMPLOYEE OF A
SAVINGS AND LOAN ASSOCIATION MAY NOT PLACE HIMSELF IN A POSITION
THAT CREATES A CONFLICT OF INTEREST.
(C) LOANS PROHIBITED.
EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (D) OF THIS
SECTION, A SAVINGS AND LOAN ASSOCIATION OR A RELATED ENTITY MAY
NOT MAKE OR RENEW A LOAN OR EXTENSION OF CREDIT DIRECTLY OR
INDIRECTLY TO:
(1) ANY CONTROLLING PERSON, DIRECTOR, OFFICER, OR
EMPLOYEE OF THE ASSOCIATION, OR A MEMBER OF ANY OF THEIR
IMMEDIATE FAMILIES; OR
(2) ANY CORPORATION, ASSOCIATION, PARTNERSHIP, TRUST
OR OTHER ENTITY IN WHICH AN INTEREST OF 10 PERCENT OR MORE IS
OWNED BY A CONTROLLING PERSON, DIRECTOR, OFFICER, OR EMPLOYEE THE
CONTROLLING PERSONS, DIRECTORS, OFFICERS, OR EMPLOYEES OF THE
ASSOCIATION, OR A—MEMBER MEMBERS OF ANY OF THEIR IMMEDIATE
FAMILIES.
(D) LOANS PERMITTED.
A LOAN IS NOT PROHIBITED BY SUBSECTION (A) OF THIS SECTION
IF THE LOAN IS:
(1) SECURED BY THE BORROWER'S PRINCIPAL RESIDENCE, IF
THE APPRAISED VALUE, AS DETERMINED BY A DISINTERESTED APPRAISER,
EXCEEDS BY 20 PERCENT THE TOTAL AMOUNT OF THE LOAN AND ALL PRIOR
LIENS; OR
(2) SECURED BY THE BORROWER'S SAVINGS ACCOUNT IN THE
ASSOCIATION, SUBJECT TO THE REQUIREMENT THAT THE LOAN SECURED BY
A SAVINGS ACCOUNT DOES NOT EXCEED THE WITHDRAWAL VALUE OF THE
ACCOUNT.
(D) LOANS PERMITTED.
(1) SUBJECT TO THE PROVISIONS OF PARAGRAPHS (3) AND
(4) OF THIS SUBSECTION, A LOAN BY A SAVINGS AND LOAN ASSOCIATION
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