(a) For sales of borrower stock, which for this subpart means equities purchased as a condition for obtaining a loan, a System institution must provide a prospective borrower with the following documents prior to loan closing:
(1) The institution's most recent annual report filed under part 620 of this chapter;
(2) The institution's most recent quarterly report filed under part 620 of this chapter, if more recent than the annual report;
(3) A copy of the institution's capitalization bylaws; and
(4) A written description of the terms and conditions under which the equity is issued. In addition to specific terms and conditions, the description must disclose:
(i) That the equity is an at-risk investment and not a compensating balance;
(ii) That the equity is retireable only at the discretion of the board of directors consistent with the institution's bylaws and only if minimum capital standards established under subpart H of this part and part 628 of this chapter are met and that such retirement may also require the approval of the FCA;
(iii) Whether the institution presently meets its minimum capital standards established under subpart H of this part and part 628 of this chapter;
(iv) Whether the institution knows of any reason the institution may not meet its capital standards on the next earnings distribution date; and
(v) The rights, if any, to share in patronage payments.
(b) Notwithstanding the provisions of paragraph (a) of this section, no materials previously provided to a purchaser (except the disclosures required by paragraph (a)(4) of this section) need be provided again unless the purchaser requests such materials.
[81 FR 49776, July 28, 2016]
authority: Secs. 1.5, 1.7, 1.10, 1.11, 1.12, 2.2, 2.3, 2.4, 2.5, 2.12, 3.1, 3.7, 3.11, 3.25, 4.3, 4.3A, 4.9, 4.14B, 4.25, 5.9, 5.17, 8.0, 8.3, 8.4, 8.6, 8.8, 8.10, 8.12 of the Farm Credit Act (
12 U.S.C. 2013,
2015,
2018,
2019,
2020,
2073,
2074,
2075,
2076,
2093,
2122,
2128,
2132,
2146,
2154,
2154a,
2160,
2202b,
2211,
2243,
2252,
2279aa,
2279aa-3,
2279aa-4,
2279aa-6,
2279aa-8,
2279aa-10,
2279aa-12); sec. 301(a), Pub. L. 100-233, 101 Stat. 1568, 1608, as amended by sec. 301(a), Pub. L. 103-399, 102 Stat 989, 993 (
12 U.S.C. 2154 note); sec. 939A, Pub. L. 111-203, 124 Stat. 1326, 1887 (
15 U.S.C. 78o-7 note)
cite as: 12 CFR 615.5250