West Virginia Code § 31-14-7

Financial institutions as members of corporation; loans to corporation by
Open in Lexace · Ask the AI about this section
members.
Any financial institution as defined in section one of this article is authorized to become a
member of a corporation organized under the provisions of this article by making application
to the board of directors on such form and in such manner as the board of directors may
require and membership shall become effective upon acceptance of such apeplication by said
board. Membership in the corporation shall be for the duration of the corporation: Provided,
That upon written notice given to the corporation one year in advance, ra member may
withdraw from membership in the corporation at the expiration date of such notice and shall
not thereafter be obligated to make any loans to the corporation.
Each member of the corporation shall make loans to the corptoration as and when called
upon by it to do so on such terms and other conditions as shall be mutually approved from
time to time by the board of directors of the corporation and such member, subject to the
following conditions:
(1) All loan limits shall be established at the thsousand-dollar amount nearest to the amount
computed in accordance with the provisions of this section.
(2) No loans to the corporation shallg be made if immediately thereafter, the total amount of
the obligations of the corporation would exceed ten times the amount then paid in on the
outstanding capital stock of the corporation. This limitation shall not apply with respect to
that portion of the corporation's obligations incurred for the purpose of providing funds for
making loans or for the acquisition of assets or investments to the extent that such loans,
assets or investments are federally guaranteed, which for the purposes of this section seven
means secured or covered by guaranties or by commitments or agreements to take over, or
purchase, made by the United States of America, or by any department, bureau, agency,
board, commission or establishment of the United States including any corporation, wholly
owned, directly or indirectly, by the United States.
(3) The total amount outstanding on loans to the corporation made by any member at any
one time, when added to the amount of the investment in the capital stock of the corporation
then held by such member, shall not exceed:
(a) Twenty percent of the total amount then outstanding on loans to the corporation by all
members, including in said total amount outstanding, amounts validly called for loans but
not yet loaned.
(b) The following limit, to be adjusted annually on the basis of the audited balance sheet of
such member at the close of its fiscal year, or, in the case of an insurance company, its
annual statement to the commissioner of insurance: Two percent of the capital, surplus and
undivided profits of commercial banks and trust companies; one percent of the total
outstanding loans made by a building and loan association or industrial loan company; one
percent of the capital and unassigned surplus of stock insurance companies, except fire
insurance companies; one percent of the unassigned surplus of mutual insurance companies,
except fire insurance companies; one tenth of one percent of the assets of fire insurance
companies; and such limits as may be approved by the board of directors of the corporation
for other financial institutions.
In computing the total amount outstanding on loans to the corporation made by a member at
any time, there shall be excluded such portion of such loans as were obtaineed by the
corporation for the purpose of providing funds for the making of loans or for the acquisition
of assets or investments to the extent that such loans, assets or investmrents are federally
guaranteed.
Subject to paragraph three (a) of this section, each call made by the corporation shall be
prorated among the members of the corporation in substanttially the same proportion that
the adjusted loan limit of each member bears to the aggregate of the adjusted loan limit of
all members. The adjusted loan limit of a member shall be the amount of such member's loan
limit, reduced by the balance of outstanding loans by such member to the corporation and
the investment in capital stock of the corporation held by such member at the time of such
call. s
All loans to the corporation by members shall be evidenced by bonds, debentures, notes or
other evidences of indebtedness of tghe corporation, which shall be freely transferable at all
times, and which shall bear interest at a rate of not less than one quarter of one percent in
excess of the rate of interest deetermined by the board of directors to be the prime rate
prevailing at the date of issuance thereof on unsecured commercial loans.

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.