Texas Finance Code 92.155 – Conflicts of Interest
(a) Except as the finance commission by rule provides, a director or officer may not:
(1) receive directly or indirectly a commission on or benefit from a loan made by the savings bank;
(2) pay for services rendered to a borrower from the savings bank in connection with a loan;
(3) direct or require a borrower on a mortgage to negotiate an insurance policy on the mortgage property through a particular insurance company;
(4) attempt to divert to a particular insurance broker the business of borrowers from the savings bank;
(5) refuse to accept an insurance policy on the mortgaged property because the policy was not negotiated through a particular insurance broker;
(6) become an obligor, including an endorser, surety, or guarantor, on a loan made by the savings bank;
(7) borrow or use, individually or as agent or partner of another, directly or indirectly, money of the savings bank;
(8) become the owner of real property on which the savings bank holds a mortgage unless the loan is fully secured by:
(A) a first-lien mortgage on property that:
(i) is to be occupied as the director’s or officer’s primary residence; and
(ii) is specifically approved in writing by the board; or
(B) a deposit maintained by the officer or director with the savings bank; or
(9) engage in any other activity the finance commission by rule prohibits.
(b) Except as the finance commission by rule provides, a savings bank may not make a loan to a corporation in which:
(1) a director or officer of the savings bank holds stock, options, or warrants to purchase stock in the amount of five percent or more of the outstanding stock; or
(2) the directors of the savings bank together hold stock, options, or warrants to purchase stock in the amount of five percent or more of the outstanding stock.
Terms Used In Texas Finance Code 92.155
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
- in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Property: means real and personal property. See Texas Government Code 311.005
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Rule: includes regulation. See Texas Government Code 311.005
(c) A deposit with a banking corporation is a loan for purposes of this section.
(d) This section does not prohibit a savings bank from:
(1) making a loan to a religious corporation, club, or other membership corporation of which one or more directors or officers are members but in which they have no financial interest; or
(2) making a loan to or purchasing a guaranteed mortgage from a stock corporation if:
(A) a director does not own more than 15 percent of the corporation’s capital stock; and
(B) the total amount of the corporation’s capital stock owned by all directors of the savings bank is less than 25 percent.