Code of Federal Regulations (alpha)

CFR /  Title 12  /  Part 160  /  Sec. 160.30 General lending and investment powers of Federal savings

Pursuant to section 5(c) of the Home Owners' Loan Act (``HOLA''), 12 U.S.C. 1464(c), a Federal savings association may make, invest in, purchase, sell, participate in, or otherwise deal in (including brokerage or warehousing) all loans and investments allowed under section 5(c) of the HOLA including, without limitation, the following loans, extensions of credit, and investments, subject to the limitations indicated and any such terms, conditions, or limitations as may be prescribed from time to time by the OCC by policy directive, order, or regulation:

Lending and Investment Powers Chart------------------------------------------------------------------------

Statutory investment

limitations

Statutory (Endnotes contain

Category authorization \1\ applicable

regulatory

limitations)------------------------------------------------------------------------Bankers' bank stock......... 5(c)(4)(E).......... Same terms as

applicable to

national banks.Business development credit 5(c)(4)(A).......... The lesser of .5% of

corporations. total outstanding

loans or $250,000.Commercial loans............ 5(c)(2)(A).......... 20% of total assets,

provided that

amounts in excess

of 10% of total

assets may be used

only for small

business loans.Commercial paper and 5(c)(2)(D).......... Up to 35% of total

corporate debt securities. assets. \2 3\Community development loans 5(c)(3)(A).......... 5% of total assets,

and equity investments. provided equity

investments do not

exceed 2% of total

assets. \4\Construction loans without 5(c)(3)(C).......... In the aggregate,

security. the greater of

total capital or 5%

of total assets.Consumer loans.............. 5(c)(2)(D).......... Up to 35% of total

assets. \2 5\Credit card loans or loans 5(c)(1)(T).......... None. \6\

made through credit card

accounts.Deposits in insured 5(c)(1)(G).......... None. \6\

depository institutions.Education loans............. 5(c)(1)(U).......... None. \6\Federal government and 5(c)(1)(C), None. \6\

government-sponsored 5(c)(1)(D),

enterprise securities and 5(c)(1)(E),

instruments. 5(c)(1)(F).Finance leasing............. 5(c)(1)(B), Based on purpose and

5(c)(2)(A), property financed.

5(c)(2)(B), \7\

5(c)(2)(D).Foreign assistance 5(c)(4)(C).......... 1% of total assets.

investments. \8\General leasing............. 5(c)(2)(C).......... 10% of assets. \7\Home improvement loans...... 5(c)(1)(J).......... None. \6\Home (residential) loans \9\ 5(c)(1)(B).......... None. \6 10\HUD-insured or guaranteed 5(c)(1)(O).......... None. \6\

investments.Insured loans............... 5(c)(1)(I), None. \6\

5(c)(1)(K).Liquidity investments....... 5(c)(1)(M).......... None. \6\Loans secured by deposit 5(c)(1)(A).......... None. \6 11\

accounts.Loans to financial 5(c)(1)(L).......... None. \6 12\

institutions, brokers, and

dealers.Manufactured home loans..... 5(c)(1)(J).......... None. \6 13\Mortgage-backed securities.. 5(c)(1)(R).......... None. \6\

National Housing Partnership 5(c)(1)(N).......... None. \6\

Corporation and related

partnerships and joint

ventures.New markets venture capital 5(c)(4)(F).......... 5% of total capital.

companies.Nonconforming loans......... 5(c)(3)(B).......... 5% of total assets.Nonresidential real property 5(c)(2)(B).......... 400% of total

loans. capital. \14\Open-end management 5(c)(1)(Q).......... None. \6\

investment companies \15\.Rural business investment 7 U.S.C. 2009cc-9... Five percent of

companies. total capital.Service corporations........ 5(c)(4)(B).......... 3% of total assets,

as long as any

amounts in excess

of 2% of total

assets further

community, inner

city, or community

development

purposes. \16\Small business investment 15 U.S.C. 682(b)(2). 5% of total capital.

companies.Small business-related 5(c)(1)(S).......... None. \6\

securities.State and local government 5(c)(1)(H).......... None for general

obligations. obligations. Per

issuer limitation

of 10% of capital

for other

obligations. \6 17\State housing corporations.. 5(c)(1)(P).......... None. \6 18\Transaction account loans, 5(c)(1)(A).......... None. \6 19\

including overdrafts.------------------------------------------------------------------------Endnotes\1\ All references are to section 5 of the Home Owners' Loan Act (12

U.S.C. 1464) unless otherwise indicated.\2\ For purposes of determining a Federal savings association's

percentage of assets limitation, investment in commercial paper and

corporate debt securities must be aggregated with the Federal savings

association's investment in consumer loans.\3\ A Federal savings association may invest in commercial paper and

corporate debt securities, which includes corporate debt securities

convertible into stock, subject to the provisions of Sec. 160.40 of

this part. Amounts in excess of 30% of assets, in the aggregate, may

be invested only in obligations purchased by the association directly

from the original obligor and for which no finder's or referral fees

have been paid.\4\ The 2% of assets limitation is a sublimit for investments within the

overall 5% of assets limitation on community development loans and

investments. The qualitative standards for such loans and investments

are set forth in HOLA section 5(c)(3)(A) (formerly 5(c)(3)(B)), as

explained in an opinion of the Office of Thrift Supervision Chief

Counsel dated May 10, 1995.\5\ Amounts in excess of 30% of assets, in the aggregate, may be

invested only in loans made by the association directly to the

original obligor and for which no finder's or referral fees have been

paid. A Federal savings association may include loans to dealers in

consumer goods to finance inventory and floor planning in the total

investment made under this section.\6\ While there is no statutory limit on certain categories of loans and

investments, including credit card loans, home improvement loans,

education loans, and deposit account loans, the OCC may establish an

individual limit on such loans or investments if the association's

concentration in such loans or investments presents a safety and

soundness concern.\7\ A Federal savings association may engage in leasing activities

subject to the provisions of Sec. 160.41 of this part.\8\ This 1% of assets limitation applies to the aggregate outstanding

investments made under the Foreign Assistance Act and in the capital

of the Inter-American Savings and Loan Bank. Such investments may be

made subject to the provisions of Sec. 160.43 of this part.\9\ A home (or residential) loan includes loans secured by one-to-four

family dwellings, multi-family residential property, and loans secured

by a unit or units of a condominium or housing cooperative.\10\ A Federal savings association may make home loans subject to the

provisions of Secs. 160.33, 160.34, and 160.35 of this part.\11\ Loans secured by savings accounts and other time deposits may be

made without limitation, provided the Federal savings association

obtains a lien on, or a pledge of, such accounts. Such loans may not

exceed the withdrawable amount of the account.\12\ A Federal savings association may only invest in these loans if

they are secured by obligations of, or by obligations fully guaranteed

as to principal and interest by, the United States or any of its

agencies or instrumentalities, the borrower is a financial institution

insured by the Federal Deposit Insurance Corporation or is a broker or

dealer registered with the Securities and Exchange Commission, and the

market value of the securities for each loan at least equals the

amount of the loan at the time it is made.\13\ If the wheels and axles of the manufactured home have been removed

and it is permanently affixed to a foundation, a loan secured by a

combination of a manufactured home and developed residential lot on

which it sits may be treated as a home loan.\14\ Without regard to any limitations of this part, a Federal savings

association may make or invest in the fully insured or guaranteed

portion of nonresidential real estate loans insured or guaranteed by

the Economic Development Administration, the Farmers Home

Administration, or the Small Business Administration. Unguaranteed

portions of guaranteed loans must be aggregated with uninsured loans

when determining an association's compliance with the 400% of capital

limitation for other real estate loans.\15\ This authority is limited to investments in open-end management

investment companies that are registered with the Securities and

Exchange Commission under the Investment Company Act of 1940. The

portfolio of the investment company must be restricted by the

company's investment policy (changeable only if authorized by

shareholder vote) solely to investments that a Federal savings

association may, without limitation as to percentage of assets, invest

in, sell, redeem, hold, or otherwise deal in. Separate and apart from

this authority, a Federal savings association may make pass-through

investments to the extent authorized by Sec. 160.32 of this part.\16\ A Federal savings association may invest in service corporations

subject to the provisions of part 159 of this chapter.\17\ This category includes obligations issued by any state, territory,

or possession of the United States or political subdivision thereof

(including any agency, corporation, or instrumentality of a state or

political subdivision), subject to Sec. 160.42 of this part.\18\ A Federal savings association may invest in state housing

corporations subject to the provisions of Sec. 160.121 of this part.\19\ Payments on accounts in excess of the account balance (overdrafts)

on commercial deposit or transaction accounts shall be considered

commercial loans for purposes of determining the association's

percentage of assets limitation.