(a) Definitions for this section--(1) Transfer of capital means any payment or forbearance by a Farm Credit Bank or agricultural credit bank (collectively, bank) to an affiliated association, including but not limited to:
(1) Transfer of capital means any payment or forbearance by a Farm Credit Bank or agricultural credit bank (collectively, bank) to an affiliated association, including but not limited to:
(i) The purchase of nonvoting stock or participation certificates;
(ii) The payment of cash;
(iii) Debt forgiveness or reduction;
(iv) Interest rate concessions or interest-free loans;
(v) The transfer of loans at other than fair market value;
(vi) The reduction or elimination of standard loan servicing or other fees; and
(vii) The assumption of operating or other expenses, such as legal fees or insurance premiums.
(2) Preferential transfer of capital means a transfer of capital that is not available to all similarly situated affiliated associations.
(3) Nonroutine transfer of capital means a transfer of capital that is not available in the ordinary course of business.
(b) Considerations for preferential or nonroutine transfers of capital. Before authorizing a preferential or nonroutine transfer of capital, a bank board of directors must take into account and document whether:
(1) The transfer of capital is in the best interests of all of the shareholders;
(2) The bank will be able to achieve its capital adequacy and business plan goals after making the transfer of capital; and
(3) The transfer of capital is the ``least cost'' alternative available and will enable the association to maintain sound, adequate, and constructive service to borrowers.
(c) Notification requirements. At least 30 days before making a preferential or nonroutine transfer of capital to an affiliated association, banks must provide shareholders and the Chief Examiner of the Farm Credit Administration with a description of the transfer and the documentation required by paragraph (b) of this section. [64 FR 49961, Sept. 15, 1999]