Section 1491 Of Article 3. Loan Limits From California Financial Code >> Division 1.1. >> Chapter 14. >> Article 3.
1491
. No loan shall be made by any commercial bank upon the
securities of one or more corporations, the payment of which loan is
undertaken, in whole or in part, severally, but not jointly, by two
or more persons in any of the following circumstances:
(a) If the borrowers or underwriters are obligated absolutely or
contingently to purchase the securities, or any of them, collateral
to the loan, unless the borrowers or underwriters have paid on
account of the purchase of the securities an amount in cash, or its
equivalent, equal to at least 25 percent of the several amounts for
which they remain obligated in completing the purchase of the
securities.
(b) If the commercial bank making the loan is liable, directly or
indirectly, or contingently, for the repayment of the loan or any
part thereof.
(c) If its term, including any renewal thereof by agreement,
express or implied, exceeds the period of one year.
(d) Or to an amount under any circumstances in excess of 25
percent of the sum of the commercial bank's shareholders' equity,
allowance for loan losses, capital notes, and debentures.