The liability to an association by a person, company, corporation or firm for money loaned, including in the liability of such person, company or firm, where a partnership, the liabilities of the several members thereof, shall not exceed twenty percent (20%) of the aggregate unimpaired capital and unimpaired surplus of said association.
The following shall not be restricted to or considered as coming within the limitations of twenty percent (20%) herein prescribed:
Loans and discounts secured by warehouse receipts or shippers' order bills of lading representing actual existing values, provided the amount of such loans and discounts shall not exceed eighty-five percent (85%) of the market value of the commodities representing the actual existing values.
Loans and discounts secured by bonds, certificates or notes constituting direct obligations of the United States government, or bonds fully guaranteed by the United States government, or by full faith and credit obligations of the State of Mississippi; provided, however, the commissioner shall from time to time determine and fix the maximum percentage of the par value of all such securities that may be loaned.
Loans and discounts to the extent that they are secured or covered by guaranties, or by commitments, or agreements to take over or purchase the same, made by any federal reserve bank, or by the United States, or any department, bureau, board, commission or establishment of the United States, including any corporation wholly owned directly or indirectly by the United States; provided that such guaranties, agreements or commitments are unconditional and are to be performed by payment within sixty (60) days after demand; provided, further, that the commissioner is hereby authorized to define the terms herein used and may by regulation control the making of loans under this paragraph (c).
Loans and discounts secured in full by funds on deposit in time or savings accounts with the lending bank to the credit of the borrower.
Any officer or director who shall approve or make loans prohibited in this section shall be liable individually for the full amount of the principal and interest of any such loan. If the commissioner shall discover, in any examination of any open bank that there is a loss on any loan made in violation of this section, he shall make demand of all directors and officers approving or making such loan for payment of the entire unpaid balance on any such loan.
Like demand shall be made and suit brought by the receiver of any bank in liquidation. Provided, however, this section shall not apply to loans to the State of Mississippi, or to any political subdivision thereof, nor to any levee district.
Structure Mississippi Code
Title 81 - Banks and Financial Institutions
Chapter 12 - Savings Associations Law
§ 81-12-1. Citation of chapter
§ 81-12-4. Private corporation laws; application to savings and loan associations
§ 81-12-7. Rights, powers, privileges and duties of board
§ 81-12-9. Determinations of commissioner final; judicial review
§ 81-12-11. Duties of department
§ 81-12-25. Incorporation; petition; fee; articles; bylaws; exhibits
§ 81-12-27. Incorporation; examination and investigation of petition
§ 81-12-49. Powers of associations
§ 81-12-51. Additional powers of capital stock associations
§ 81-12-53. Conversion of association organized under state law into federal association
§ 81-12-55. Conversion of federal association into association organized under state law
§ 81-12-63. Conversion prohibited; exceptions
§ 81-12-65. Reorganization, merger and consolidation of associations
§ 81-12-75. Membership fees prohibited
§ 81-12-85. Bonding of association's officers, attorneys, employees, agents and directors
§ 81-12-89. Deposit of association funds; approval by directors
§ 81-12-93. Management contracts
§ 81-12-95. Records; minutes of meetings; business transactions
§ 81-12-99. Records; maintenance by means of data processing services
§ 81-12-103. Records; overvaluation of assets
§ 81-12-107. Records; loan and investment
§ 81-12-109. Records; membership and stockholder
§ 81-12-111. Records; reproduction by photostatic, photographic or microfilming process
§ 81-12-119. Savings accounts; execution of contract by holder
§ 81-12-121. Savings accounts; evidence of ownership
§ 81-12-123. Savings accounts; lost or destroyed account books or certificates
§ 81-12-125. Savings accounts; inducements to open
§ 81-12-127. Savings accounts; adverse claims to accounts
§ 81-12-129. Savings plans at educational institutions
§ 81-12-131. Payroll savings plans
§ 81-12-133. Attorneys authorized to make withdrawals; revocation of authority
§ 81-12-139. Accounts of administrators, executors, guardians, trustees, and other fiduciaries
§ 81-12-141. Accounts of deceased nonresidents
§ 81-12-143. Payments to successors without administration
§ 81-12-145. Accounts payable at death
§ 81-12-149. Payment of earnings on savings accounts
§ 81-12-151. Withdrawals by savings account holders
§ 81-12-155. Securities in which associations may invest
§ 81-12-159. Loans and other investments in which associations may invest
§ 81-12-161. Real estate loans to be written on approved loan plans
§ 81-12-167. Late payment charges
§ 81-12-169. Reinstatement of loan prior to foreclosure sale
§ 81-12-171. Right of association to deal with successor in interest of real estate securing loan
§ 81-12-173. Right to act to avoid loss
§ 81-12-176. Branch offices; additional types of offices
§ 81-12-179. Order of discontinuance of violation; enforcement in chancery court
§ 81-12-184. Supervisory merger
§ 81-12-185. Restrictions on appointment of conservator or receiver
§ 81-12-191. Federal associations domiciled in state
§ 81-12-195. Offering and sale of savings accounts exempt from securities regulations
§ 81-12-205. Appeal from final rule, regulation or order of commissioner or board
§ 81-12-217. Commissioner to issue supervisory control for association
§ 81-12-219. Appeal of cease and desist order
§ 81-12-221. Reimbursement of fines or penalties
§ 81-12-223. Cumulative fines and penalties
§ 81-12-225. Credit allowed; discretion of commissioner
§ 81-12-227. Amount of liability to association for loans
§ 81-12-229. Commissioner to furnish copy of call reports; fee; failure or refusal; misdemeanor