§615.5250. Disclosure requirements for sales of borrower stock.
12 C.F.R. § 615.5250
For sales of borrower stock, which for this subpart means equities purchased as a condition for obtaining a loan, a System institution must provide a prospective borrower with the following documents prior to loan closing:
The institution's most recent annual report filed under part 620 of this chapter;
The institution's most recent quarterly report filed under part 620 of this chapter, if more recent than the annual report;
A copy of the institution's capitalization bylaws; and
A written description of the terms and conditions under which the equity is issued. In addition to specific terms and conditions, the description must disclose:
That the equity is an at-risk investment and not a compensating balance;
That the equity is retireable only at the discretion of the board of directors consistent with the institution's bylaws and only if minimum capital standards established under subpart H of this part and part 628 of this chapter are met and that such retirement may also require the approval of the FCA;
Whether the institution presently meets its minimum capital standards established under subpart H of this part and part 628 of this chapter;
Whether the institution knows of any reason the institution may not meet its capital standards on the next earnings distribution date; and
The rights, if any, to share in patronage payments.
Notwithstanding the provisions of paragraph (a) of this section, no materials previously provided to a purchaser (except the disclosures required by paragraph (a)(4) of this section) need be provided again unless the purchaser requests such materials.
Notes, amendments, and revision history
Amendments
[81 FR 49776, July 28, 2016]
Source
Source: 53 FR 40046, Oct. 13, 1988, unless otherwise noted.
Authority
Authority: Secs. 1.5, 1.7, 1.10, 1.11, 1.12, 2.2, 2.3, 2.4, 2.5, 2.12, 3.1, 3.7, 3.11, 3.25, 4.3, 4.3A, 4.9, 4.14B, 4.25, 5.9, 5.17, 8.0, 8.3, 8.4, 8.6, 8.8, 8.10, 8.12 of the Farm Credit Act (12 U.S.C. 2013, 2015, 2018, 2019, 2020, 2073, 2074, 2075, 2076, 2093, 2122, 2128, 2132, 2146, 2154, 2154a, 2160, 2202b, 2211, 2243, 2252, 2279aa, 2279aa-3, 2279aa-4, 2279aa-6, 2279aa-8, 2279aa-10, 2279aa-12); sec. 301(a), Pub. L. 100-233, 101 Stat. 1568, 1608, as amended by sec. 301(a), Pub. L. 103-399, 102 Stat 989, 993 (12 U.S.C. 2154 note); sec. 939A, Pub. L. 111-203, 124 Stat. 1326, 1887 (15 U.S.C. 78o-7 note).
Amendments
[81 FR 49776, July 28, 2016]