§23.3. Lease requirements.
12 C.F.R. § 23.3
General requirements. A national bank may acquire personal property for the purpose of, or in connection with leasing that property, and may engage in activities incidental thereto, if the lease qualifies as a full-payout lease and a net lease.
Exceptions—
Change in condition. If, in good faith, a national bank believes that there has been a change in condition that threatens its financial position by increasing its exposure to loss, then the bank may:
Take reasonable and appropriate action, including the actions specified in § 23.2(f), to salvage or protect the value of the leased property or its interests arising under the lease; and
Acquire or perfect title to the leased property pursuant to any existing rights.
Provisions to protect the bank's interests. A national bank may include any provision in a lease, or make any additional agreement, to protect its financial position or investment in the event of a change in conditions that would increase its exposure to loss.
Arranging for services by a third party. A national bank may arrange for a third party to provide any of the services enumerated in § 23.2(f) to the lessee at the expense of the lessee.
Notes, amendments, and revision history
Authority
Authority: 12 U.S.C. 1 et seq., 24(Seventh), 24(Tenth), and 93a.
Source
Source: 61 FR 66560, Dec. 18, 1996, unless otherwise noted.