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Session Laws, 1999
Volume 796, Page 4243   View pdf image
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5-503.

(a) a banking institution may buy and hold real property only as provided in
this section.

(b) (1) Subject to the limitations in paragraph (3) of this subsection, a
banking institution may buy or hold any real property that is necessary for the
convenient transaction of its business.

(2) In addition to its offices, this property may include:

(i) A parking lot that the banking institution provides, with or
without charge, primarily for the use of its customers; and

(ii) Any rental space that is located in the bank building or on

adjoining land.

(3) [A] EXCEPT AS PROVIDED IN PARAGRAPH (4) OF THIS SUBSECTION,
A banking institution may not invest in its bank building and furnishings more than
an amount that equals 50 percent of its unimpaired capital and surplus or guaranty
fund [unless, under conditions that the Commissioner sets, the Commissioner
authorizes a greater amount]

(4) IF A BANKING INSTITUTION IS RATED CAMELS 1 OR 2 AND REMAINS
WELL CAPITALIZED IN ACCORDANCE WITH THE REQUIREMENTS OF THE FEDERAL
DEPOSIT INSURANCE ACT, IT MAY INVEST IN ITS BANK BUILDING AND FURNISHINGS
AN AMOUNT EQUIVALENT TO 75 PERCENT OF ITS:

(I) UNIMPAIRED CAPITAL, SURPLUS, AND UNDIVIDED PROFITS; OR

(II) GUARANTY FUND AND UNDIVIDED PROFITS.

(c) (1) Subject to the limitations in paragraphs (2) and (3) of this subsection,
a banking institution may hold any real property that the banking institution
acquires:

(i) In satisfaction of a debt contracted in the course of its business;

or

(ii) At sale on a judgment, decree, or mortgage foreclosure under a
security that it holds.

(2) At a sale, a banking institution may not bid more than the amount of
money that is necessary to satisfy the secured debts and costs.

(3) A banking institution:

(i) May not hold property acquired under this subsection for more

than:

1. 8 years; and

2. Under conditions that the Commissioner sets, 2 additional

years; and

 

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Session Laws, 1999
Volume 796, Page 4243   View pdf image
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