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<section article="gfi" article_name="Financial Institutions" number="9-420" title_number="9" title_name="Savings and Loan Associations" subtitle_number="4" subtitle_name="General Powers and Provisions">
  <level label="a">
    <level label="1">
      <text>An association may not, directly or indirectly, grant loans to any one individual or business entity in a total amount in excess of 5 percent of its assets.</text>
    </level>
    <level label="2">
      <text>In computing the total amount of loans made by an association to an individual, all loans made by the association to any entity in which that individual is a controlling person shall be included.</text>
    </level>
    <level label="3">
      <text>In computing the total amount of loans made by an association to a partnership or other unincorporated association, the following loans shall be included:</text>
      <level label="i">
        <text>All loans to the association’s individual members;</text>
      </level>
      <level label="ii">
        <text>All loans made for the benefit of the partnership or other unincorporated association; and</text>
      </level>
      <level label="iii">
        <text>All loans to or for the benefit of any entity of which the partnership or unincorporated association, or any member of the partnership or unincorporated association, is a controlling person.</text>
      </level>
    </level>
    <level label="4">
      <text>In computing the total amount of loans made by an association to a corporation, the following loans shall be included:</text>
      <level label="i">
        <text>All loans made for the benefit of the corporation;</text>
      </level>
      <level label="ii">
        <text>All loans to or for the benefit of any person or entity who is a controlling person of the corporation; and</text>
      </level>
      <level label="iii">
        <text>All loans to or for the benefit of any entity of which the corporation is a controlling person.</text>
      </level>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <level label="i">
        <text>An association may make secured or unsecured loans for personal, family, or household purposes, and may invest in, sell, or hold commercial paper and corporate debt securities subject to regulations promulgated by the Division Director.</text>
      </level>
      <level label="ii">
        <text>The total of these loans and investments may not exceed 20 percent of the assets of the association.</text>
      </level>
    </level>
    <level label="2">
      <text>Loans to dealers in consumer goods to finance inventory and floor planning shall be treated as commercial loans.</text>
    </level>
  </level>
  <level label="c">
    <text>An association may invest in, sell, purchase, participate in, or otherwise deal in loans for commercial, corporate, business, or agricultural purposes, but only if at any one time the total investment made under this section does not exceed 10 percent of the association’s assets.</text>
  </level>
  <level label="d">
    <level label="1">
      <text>An association may participate in mortgages and participate with other lenders in originating and making any type of mortgage loan that the association is authorized to make under the provisions of § 9–419 of this subtitle.</text>
    </level>
    <level label="2">
      <text>The amount that an association may have invested in privately placed mortgage backed securities cannot exceed 10 percent of the association’s assets.</text>
    </level>
  </level>
  <level label="e">
    <level label="1">
      <text>Except as provided in paragraph (2) of this subsection, a loan made for the purpose of acquiring real estate, financing the development of real estate, the construction of structures on real estate, or the rehabilitation of real estate is subject to the provisions of this section and regulations adopted by the Division Director.</text>
    </level>
    <level label="2">
      <text>This subsection does not apply to a loan made for the purchase of real estate that has or will have not more than one dwelling designed principally as a residence with accommodations for not more than 4 families.</text>
    </level>
    <level label="3">
      <text>The loans may not exceed the loan–to–value ratios provided by regulation.</text>
    </level>
    <level label="4">
      <level label="i">
        <text>The Division Director shall adopt regulations establishing terms for the repayment of loans authorized by this subsection.</text>
      </level>
      <level label="ii">
        <text>The regulations adopted by the Division Director may not be less restrictive than those applicable to federally–chartered savings and loan associations.</text>
      </level>
      <level label="iii">
        <text>Unless otherwise provided by regulations adopted by the Division Director, the loans shall be repayable within a term that is applicable to federally–chartered savings and loan associations.</text>
      </level>
    </level>
    <level label="5">
      <text>Loan documentation for development loans shall contain:</text>
      <level label="i">
        <text>A preliminary development plan that is satisfactory to the association; and</text>
      </level>
      <level label="ii">
        <text>A projection that not less than the investment in the loan will be recovered.</text>
      </level>
    </level>
    <level label="6">
      <text>The recognition of income and the amortization method used by the association originating the loans shall be in accordance with generally accepted accounting principles.</text>
    </level>
    <level label="7">
      <level label="i">
        <text>The total amount of loans for acquisition, development, or construction cannot exceed 10 percent of the assets of the association.</text>
      </level>
      <level label="ii">
        <text>Loans to one borrower made under this subsection for any one development project may not exceed 50 percent of an association’s net worth or 2 percent of its assets, whichever is less.</text>
      </level>
    </level>
  </level>
  <level label="f">
    <text>Nothing in this section may be construed to affect the validity of any loans made before June 1, 1986, by any savings and loan association in accordance with the provisions of law relating to loans by savings and loan associations in effect before June 1, 1986.</text>
  </level>
</section>
