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2.59.138    DEFINITIONS

For purposes of 32-1-432, MCA, the following definitions apply:

(1) "Commitment to lend or extend credit" includes, but is not limited to:

(a) undisbursed portions of operating, construction or other lines of credit, up to limits established by a written agreement between the lender and the borrower;

(b) undisbursed portions of credit lines established to cover overdrafts;

(c) undisbursed portions of credit card plans; and

(d) standby letters of credit.

(2) "Loan or extension of credit" includes, but is not limited to:

(a) direct loans, whether on the bank's books or charged off the bank's books, subject to the exclusions in ARM 2.59.143.

(b) loans, extensions of credit, or participation in loans or extensions of credit sold with recourse to or guaranteed by the bank;

(c) letters of credit, other than standby letters of credit;

(d) overdrafts, excluding intra-day overdrafts for which the bank receives payment prior to its close of business; and

(e) any credit exposure of a bank to a counterparty arising from a derivative transaction or a securities financing transaction as defined in ARM 2.59.125.

(3) "Person" means an individual, a corporation, a government, governmental subdivision or agency, a business trust, an estate, a trust, a partnership or association, a limited liability company, two or more persons having a joint or common interest, or any other legal or commercial entity.

History: 32-1-211, 32-1-432, MCA; IMP, 32-1-211, 32-1-432, MCA; NEW, 2020 MAR p. 1698, Eff. 9/12/20; AMD, 2022 MAR p. 1791, Eff. 9/24/22.

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