81-12-159 - Loans and other investments in which associations may invest.
§ 81-12-159. Loans and other investments in which associations may invest.
Every association shall have power to invest in loans and other investments as follows:
(a) Loans secured by its savings accounts to the extent of the withdrawal value thereof;
(b) Real estate loans in any amount not exceeding the value of the security, subject to the following conditions:
(i) No association shall make a real estate loan to one (1) borrower if the sum of (1) the amount of such loan, and (2) the total balances of all outstanding loans owed to such association by such borrower, excluding the amount of any loan on the security of a savings account, exceeds an amount equal to ten percent (10%) of such association's savings liability or an amount equal to the sum of such association's net worth except that any such loan may be made if the sum of (1) and (2) does not exceed One Hundred Thousand Dollars ($100,000.00);
(ii) An association may (1) participate with one or more financial institutions, or entities having a tax exemption under Section 501(a) of the Internal Revenue Code, in any real estate loan of the type in which such association is authorized to invest on its own account, provided that the participating interest of such association is not subordinated or inferior to any other participating interest; or (2) participate in such real estate loans with other than financial institutions or those entities described, provided that the participating interest of such association is superior to the participating interests of such other participants;
(iii) Such restrictions on real estate loans on real estate located outside the primary lending area of an association and on real estate loans as the commissioner may establish by regulation;
(iv) Such other restrictions as the commissioner may establish;
(c) Loans secured by the pledge of loans or investments, the assignment of which need not be recorded, of a type in which the association is authorized to invest, provided that the loans and investments so pledged shall be subject to all restrictions and requirements which would be applicable were the association to invest directly in such loans or investments;
(d) Loans secured by the pledge of policies of life insurance, the assignment of which is properly acknowledged by the insured, but not exceeding the cash value of such policies;
(e) Property improvement loans made pursuant to the provisions of any title of the National Housing Act or subject to any limitation as to maximum loan amount prescribed by the commissioner for all associations, loans to homeowners and other property owners for the construction, maintenance, repair, alteration, modernization, landscaping, improvement, furnishing or equipping of properties pursuant to rules and regulations prescribed by the commissioner;
(f) Loans made for the purpose of mobile home financing, subject to any limitation as to maximum loan amount which may be prescribed by the commissioner for all associations. For the purpose of this subsection, "mobile home" shall mean a movable accommodation used or designed for use as living quarters;
(g) Such real property or interests therein, including real estate for home or branch offices, as the directors may deem necessary or convenient for the conduct of the business of the association, which for the purposes of this chapter shall be deemed to include the ownership of stock of a wholly owned subsidiary corporation having as its exclusive activity the ownership and management of such property or interests, but the amount so invested shall not exceed the net worth of the association, provided that the commissioner may authorize a greater amount to be so invested.
Sources: Laws, 1977, ch. 445, § 47; Laws, 1982, chs. 301, § 80; 467, § 3; Laws, 1990 Ex Sess, ch. 52, § 81; Laws, 1993, ch. 441, § 81; reenacted and amended, 1994, ch. 622, § 113; reenacted without change, Laws, 1997, ch. 496, § 78; reenacted without change, Laws, 2001, ch. 488, § 80, eff from and after July 1, 2001.