12 C.F.R. § 560.170   Records for lending transactions.


Title 12 - Banks and Banking


Title 12: Banks and Banking
PART 560—LENDING AND INVESTMENT
Subpart B—Lending and Investment Provisions Applicable to all Savings Associations

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§ 560.170   Records for lending transactions.

In establishing and maintaining its records pursuant to §563.170 of this chapter, each savings association and service corporation should establish and maintain loan documentation practices that:

(a) Ensure that the institution can make an informed lending decision and can assess risk on an ongoing basis;

(b) Identify the purpose and all sources of repayment for each loan, and assess the ability of the borrower(s) and any guarantor(s) to repay the indebtedness in a timely manner;

(c) Ensure that any claims against a borrower, guarantor, security holders, and collateral are legally enforceable;

(d) Demonstrate appropriate administration and monitoring of its loans; and

(e) Take into account the size and complexity of its loans.

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