12 CFR 23.4 – Investment in personal property
(a) General rule. A national bank may acquire specific property to be leased only after the bank has entered into:
Terms Used In 12 CFR 23.4
- 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.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
(1) A conforming lease;
(2) A legally binding written agreement that indemnifies the bank against loss in connection with its acquisition of the property; or
(3) A legally binding written commitment to enter into a conforming lease.
(b) Exception. A national bank may acquire property to be leased without complying with the requirements of paragraph (a) of this section, if:
(1) The acquisition of the property is consistent with the leasing business then conducted by the bank or is consistent with a business plan for expansion of the bank’s existing leasing business or for entry into the leasing business; and
(2) The bank’s aggregate investment in property held pursuant to this paragraph (b) does not exceed 15 percent of the bank’s capital and surplus.
(c) Holding period. At the expiration of the lease (including any renewals or extensions with the same lessee), or in the event of a default on a lease agreement prior to the expiration of the lease term, a national bank shall either liquidate the off-lease property or re-lease it under a conforming lease as soon as practicable. Liquidation or re-lease must occur not later than five years from the date that the bank acquires the legal right to possession or control of the property, except the OCC may extend the period for up to an additional five years, if the bank provides a clearly convincing demonstration why any additional holding period is necessary. The bank must value off-lease property at the lower of current fair market value or book value promptly after the property becomes off-lease property.
(d) Bridge or interim leases. During the holding period allowed by paragraph (c) of this section, a national bank may enter into a short-term bridge or interim lease pending the liquidation of off-lease property or the re-lease of the property under a conforming lease. A short-term bridge or interim lease must be a net lease, but need not comply with any requirement of subpart B or C of this part.