| Subject: |
Loans to Executive Officers |
The purpose of this bulletin is to establish the maximum amount of credit
a bank may extend to its executive officer(s) as stipulated in Section
211(1) of the Michigan Banking Code of 1969. The section, as amended by
Public Act No. 177 of 1985, states, in part:
"Sec. 211(1)... With a prior approval of a 2/3 majority of the
entire board of directors a bank may extend credit to an executive officer
of the bank and the executive officer may become indebted to the bank
in an amount not exceeding an amount established from time to time by
the Commissioner, except that credit secured by a real estate mortgage
upon an executive officer's residence and credit to finance the education
of the executive officer or the spouse or children of the executive officer
shall not be subject to such limitation. A loan made pursuant to this
subsection shall be subject to the loan limitations as provided in Sections
196 to 198."
It is the position of the Commissioner that extensions of credit to an executive
officer for purposes other than those specifically identified in Section
211(1) shall not, at any one time, exceed an amount equal to 2.5% of the
bank's capital and surplus or $25,000 (whichever is greater) but in no event
will that amount exceed $100,000.
| Signed: |
Eugene W. Kuthy, Commissioner |
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Donald P. Mann, Director, Bank & Trust Division |
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| Dated: |
December 11, 1985 |
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