South Dakota Codified Laws 51A-12-2.1. Application for exception to agricultural loan or credit limitation
A state chartered bank in satisfactory condition, with the consent of its governing board, may request an exception to the loan or credit limitation as provided in § 51A-12-2 from the director. The bank shall apply for such an exception on forms prescribed by the director. The director may approve the exception if the loan is not on the loan watch list or problem loan report of the bank, or classified at the most recent regulatory examination, and the loan shall be:
(1) Fully secured by the fair market value of the collateral and may not exceed one hundred percent of the discounted value assigned by the bank to the collateral;
Terms Used In South Dakota Codified Laws 51A-12-2.1
- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
(2) An agricultural loan in the bank’s normal trade area; and
(3) Originated by the requesting bank.
No loan approved under this section may exceed an amount greater than the sum of twenty-five percent of the bank’s capital stock or members’ equity, surplus, and undivided profits. Such limit shall be determined on the basis of the bank’s quarterly report of condition for the immediately previous calendar quarter and remain in effect until the loan expires as provided in § 51A-12-2.2. The aggregate balance of all loans or extensions of credit made by a bank pursuant to this section may not exceed one hundred percent of the bank’s tier one leverage capital.
Source: SL 2012, ch 234, § 1.