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<section article="gfi" article_name="Financial Institutions" number="3-601" title_number="3" title_name="Banking Institutions -- Commercial Banks" subtitle_number="6" subtitle_name="Miscellaneous Regulations">
  <level label="a">
    <text>This section does not apply to:</text>
    <level label="1">
      <text>Any readily marketable bond or like obligation that is held by a commercial bank as an investment;</text>
    </level>
    <level label="2">
      <text>Any loan that is made to this State or to a political subdivision and that matures in less than 1 year;</text>
    </level>
    <level label="3">
      <text>Any loan of $3,500 or less, unless that loan exceeds 20 percent of the unimpaired capital and surplus of the commercial bank; or</text>
    </level>
    <level label="4">
      <text>Any liability lawfully incurred before June 1, 1937.</text>
    </level>
  </level>
  <level label="b">
    <text>The total of all liabilities of any one person to a commercial bank, including all liabilities referred to in this section, may not exceed at any time 30 percent of the unimpaired capital and surplus of the commercial bank.</text>
  </level>
  <level label="c">
    <level label="1">
      <text>In this subsection, “loan”:</text>
      <level label="i">
        <text>Includes an obligation under a standby letter of credit; and</text>
      </level>
      <level label="ii">
        <text>Does not include any discount or obligation that is subject to subsection (d) or (e) of this section.</text>
      </level>
    </level>
    <level label="2">
      <text>The total liability of any one person to a commercial bank for loans may not exceed at any time:</text>
      <level label="i">
        <text>10 percent of the unimpaired capital and surplus of the commercial bank; or</text>
      </level>
      <level label="ii">
        <text>30 percent of the unimpaired capital and surplus of the commercial bank if the excess over 10 percent is approved by a two-thirds vote of the board of directors and is secured by currency or obligations of the United States or obligations of this State or any political subdivision.</text>
      </level>
    </level>
  </level>
  <level label="d">
    <level label="1">
      <text>In this subsection, “commercial paper” means any commercial paper issued in connection with a commercial transaction or any chattel paper, if the person negotiating the commercial paper or chattel paper owns it.</text>
    </level>
    <level label="2">
      <text>The total liability of any one person to a commercial bank for discounts of commercial paper may not exceed at any time 25 percent of the unimpaired capital and surplus of the commercial bank.</text>
    </level>
  </level>
  <level label="e">
    <level label="1">
      <text>In this subsection, “obligations secured by goods” means obligations that are drawn in good faith against actual existing values and are:</text>
      <level label="i">
        <text>Secured by goods in the process of shipment; or</text>
      </level>
      <level label="ii">
        <text>When accepted, accompanied by documents of title for these goods.</text>
      </level>
    </level>
    <level label="2">
      <text>The total liability of any one person to a commercial bank for obligations secured by goods may not exceed at any time 25 percent of the unimpaired capital and surplus of the commercial bank.</text>
    </level>
  </level>
  <level label="f">
    <text>For purposes of this section, the rules set forth in subsections (g) through (j) of this section apply in computing the total liabilities of any one person to a commercial bank.</text>
  </level>
  <level label="g">
    <level label="1">
      <text>Except as provided in paragraph (2) of this subsection, the total liabilities of any individual to a commercial bank include:</text>
      <level label="i">
        <text>All liabilities to the commercial bank of any partnership or unincorporated association of which the individual is a member; and</text>
      </level>
      <level label="ii">
        <text>All loans that the commercial bank makes for the benefit of the individual or for the benefit of any partnership or unincorporated association of which the individual is a member.</text>
      </level>
    </level>
    <level label="2">
      <text>If the individual holds only a limited interest in a limited partnership, the liabilities of the limited partnership and the loans made for its benefit that are included in the individual’s total liabilities may not exceed the value of the individual’s interest in the limited partnership.</text>
    </level>
  </level>
  <level label="h">
    <text>The total liabilities of any partnership or unincorporated association to a commercial bank include:</text>
    <level label="1">
      <text>All liabilities of its individual members to the commercial bank; and</text>
    </level>
    <level label="2">
      <text>All loans that the commercial bank makes for the benefit of the partnership or association or for the benefit of any member of the partnership or association.</text>
    </level>
  </level>
  <level label="i">
    <text>The total liabilities of any corporation to a commercial bank include all loans that the commercial bank makes for the benefit of the corporation.</text>
  </level>
  <level label="j">
    <text>For purposes of this section, a loan is considered to be made for the benefit of a corporation, partnership, or unincorporated association to the extent that the proceeds of the loan are transferred to the corporation, partnership, or association.</text>
  </level>
  <level label="k">
    <text>For purposes of this section, “unimpaired surplus” of a commercial bank includes surplus, retained earnings, and 100 percent of the reserve for possible loan losses.</text>
  </level>
</section>
