Regulations last checked for updates: May 19, 2024

Title 12 - Banks and Banking last revised: May 16, 2024
§ 221.109 - Loan to open-end investment company.

In response to a question regarding a possible loan by a bank to an open-end investment company that customarily purchases stocks registered on a national securities exchange, the Board stated that in view of the general nature and operations of such a company, any loan by a bank to such a company should be presumed to be subject to this part as a loan for the purpose of purchasing or carrying margin stock. This would not be altered by the fact that the open-end company had used, or proposed to use, its own funds or proceeds of the loan to redeem some of its own shares, since mere application of the proceeds of a loan to some other use cannot prevent the ultimate purpose of a loan from being to purchase or carry registered stocks.

authority: 15 U.S.C. 78c,78g,78q,and
source: Reg. U, 63 FR 2827, Jan. 16, 1998, unless otherwise noted.
cite as: 12 CFR 221.109