12 CFR 560.170 - Records for lending transactions.

Code of Federal Regulations - Title 12: Banks and Banking

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Title 12: Banks and Banking

CHAPTER V: OFFICE OF THRIFT SUPERVISION, DEPARTMENT OF THE TREASURY

PART 560: LENDING AND INVESTMENT

Subpart B: Lending and Investment Provisions Applicable to all Savings Associations

560.170 - Records for lending transactions.

In establishing and maintaining its records pursuant to ? 563.170 of this chapter, each savings association and service corporation should establish and maintain loan documentation practices that:

(a) Ensure that the institution can make an informed lending decision and can assess risk on an ongoing basis;

(b) Identify the purpose and all sources of repayment for each loan, and assess the ability of the borrower(s) and any guarantor(s) to repay the indebtedness in a timely manner;

(c) Ensure that any claims against a borrower, guarantor, security holders, and collateral are legally enforceable;

(d) Demonstrate appropriate administration and monitoring of its loans; and

(e) Take into account the size and complexity of its loans.

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