12 C.F.R. § 223.51
What is the market terms requirement of section 23B?
A member bank may not engage in a transaction described in § 223.52 unless the transaction is:
(a) On terms and under circumstances, including credit standards, that are substantially the same, or at least as favorable to the member bank, as those prevailing at the time for comparable transactions with or involving nonaffiliates; or
(b) In the absence of comparable transactions, on terms and under circumstances, including credit standards, that in good faith would be offered to, or would apply to, nonaffiliates.
Notes of Decisions
Cited in 1
case, 2014–2014 · leading case: In re Temecula Valley Bancorp, Inc., 523 B.R. 210 (C.D. Cal. 2014).
In re Temecula Valley Bancorp, Inc., 523 B.R. 210 (C.D. Cal. 2014). “§ 37c-l(a)(l)(A); 12 C.F.R. §§ 223.51 , 223.52. The FDIC argues that if the TSA created a debtor-creditor relationship, “the extension of credit that resulted when a Bank refund was received by its parent and agent would result in an immediate and serious violation of these…”
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