Limitations on loans to one borrower -- Exceptions -- Rules.

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  • (1) Except as provided in this section, the total loans and extensions of credit, including credit exposure to a derivative transaction, by an industrial bank to a person outstanding at any one time may not exceed 15% of the industrial bank's total capital.
  • (2) Subsection (1) does not apply to an extension of credit that is subject to, or expressly exempted from, a federal statute or federal regulation limiting the amount of total loans and credit that may be extended to any person or group of persons.
  • (3) The commissioner may by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:
    • (a) exempt from Subsection (1) a class of loans or class of extensions of credit, including credit exposure to a derivative transaction, that are adequately secured or are not otherwise a risk to the safe and sound operation of an industrial bank;
    • (b) define terms and phrases necessary to interpret and implement this section;
    • (c) adopt standards for aggregating or segregating loans to the same or different persons;
    • (d) describe records required to be maintained;
    • (e) require specific actions to be taken by an institution's board of directors or executive officers; and
    • (f) prescribe other actions necessary to interpret and implement this section.




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