OCC 96-59 Subject: Extensions of Credit to Insiders and Transactions with Affiliates Description: Final Rule TO: Chief Executive Officers of all National Banks, Department and Division Heads, and all Examining Personnel The Office of the Comptroller of the Currency (OCC) published a final regulation in the Federal Register October 21, 1996, that governs how a national bank lends to its executive officers, directors, and principal shareholders. The rule is part of the OCC's ongoing regulatory review program to reduce unnecessary burden and costs for national banks. The rule contains exemptions that have been adopted by the other federal financial institution regulatory agencies and are consistent with exemptions previously adopted by the OCC to its loans-to-one-borrower limits. These include exemptions for loans to executive officers that are secured by U.S. obligations, guaranteed by a federal agency, or secured by a segregated deposit account. The rule also incorporates the terms of the Federal Reserve Board's Regulation O into Part 31 and, as a result, eliminates from Part 31 a redundant restatement of rules. This change simplifies the OCC's rule and addresses several commenters' concerns about confusion arising from rules that are intended to be substantively identical but which had stylistic differences. In addition, the rule includes an appendix that provides extensive guidance on the differences between the insider lending rule and the loans-to-one-borrower rule. In response to commenters' requests, the guidance clarifies the differences between the two regulations' combination and attribution rules. The guidance also points out differences between the definitions of "extension of credit" and the exceptions contained in the two rules. For further information, contact Emily R. McNaughton, national bank examiner, Office of the Chief National Bank Examiner (202) 874-5170; Aline Henderson, senior attorney, Bank Activities and Structure (202) 874-5300; or Mark Tenhundfeld, assistant director, Legislative and Regulatory Activities (202) 874-5090. ____________________________________ Julie L. Williams Chief Counsel Date: October 23, 1996 Attachment 61 FR 54533