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;
(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.
Structure South Dakota Codified Laws
Section 51A-12-1 - Application to bank loans.
Section 51A-12-2 - Loan or credit limitation.
Section 51A-12-2.1 - Application for exception to agricultural loan or credit limitation.
Section 51A-12-2.2 - Expiration of exception--New exception request.
Section 51A-12-2.3 - Loan defined.
Section 51A-12-2.4 - Derivative transaction defined.
Section 51A-12-4 - Loan to customer used for partnership or corporation.
Section 51A-12-5 - Discounting not considered as money borrowed for purposes of loan limitation.
Section 51A-12-8 - Liability of officers and directors for excessive loans.
Section 51A-12-9 - Nonrisk and government guaranteed loans not included in loan limits.
Section 51A-12-10 - Sale of surplus federal reserve funds and excess bank funds not loan.
Section 51A-12-11 - Mortgage on real estate.
Section 51A-12-12 - Revolving credit authorized.
Section 51A-12-13 - Collection of certain credit service charges by bank.
Section 51A-12-14 - Right of offset on loans.
Section 51A-12-15 - Compounding interest and service fees.
Section 51A-12-16 - Security interests authorized.
Section 51A-12-17 - Maintenance of deposit as condition for loan.