ABA Banking Journal
No Result
View All Result
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive
SUBSCRIBE
ABA Banking Journal
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive
No Result
View All Result
No Result
View All Result
Home Uncategorized

Compliance question of the month: Exemption of business, commercial, agricultural or organizational credit from TILA

October 3, 2024
Reading Time: 1 min read

My question relates to the exemption of business, commercial, agricultural or organizational credit from the Truth in Lending Act (Regulation Z).

Q When the loan applicant is an individual, but the guarantor is a limited liability company, does the exemption apply?

A It depends on the purpose of the loan.

First, generally, whether the regulation applies depends on the primary purpose of the loan. If its primary purpose is personal, family or household purposes, the loan is covered. Thus, for example, a loan whose proceeds are used for consumer purposes is covered if it is made to an individual, even if the loan is guaranteed by an LLC. However, if a loan to an individual is made for business purposes, whether or not guaranteed by an LLC, it is not covered.

Second, only loans made to “natural persons” are covered, as explained in §1026.3(a)(2) which provides that the regulation does not apply to “an extension of credit to other than a natural person…” Comment 9 to §1026.3(a) further clarifies: “The exemption for transactions in which the borrower is not a natural person applies, for example, to loans to corporations, partnerships, associations, churches, unions, and fraternal organizations. . .” Presumably the requirement that the borrower be a natural person for the loan to be covered is based on a presumption that it is unlikely a loan to those types of entities is being used for consumer purposes and it would be difficult for the lender to know or ascertain.

For more information, contact ABA’s Leslie Callaway.
Please note that this section is not a substitute for professional legal advice.

Tags: Compliance
ShareTweetPin

Related Posts

ABA files amicus brief urging full Tenth Circuit to grant rehearing in Colorado rate opt-out lawsuit

ABA files amicus brief urging full Tenth Circuit to grant rehearing in Colorado rate opt-out lawsuit

Uncategorized
January 5, 2026

ABA filed a coalition amicus brief urging the Tenth Circuit to grant a rehearing en banc of a panel decision that reversed the District of Colorado’s preliminary injunction against Colorado’s rate opt-out law.

California federal court dismisses MiCamp Solutions’ antitrust lawsuit against Visa

California federal court dismisses MiCamp Solutions’ antitrust lawsuit against Visa

Uncategorized
January 5, 2026

Judge Haywood Gilliam of the Northern District of California dismissed a lawsuit alleging that Visa violated the Sherman Antitrust Act by monopolizing the card payment services market.

U.S. Supreme Court rules CFPB’s funding structure is constitutional

Nonprofit organizations sue CFPB over alleged attempts to defund itself

Uncategorized
January 5, 2026

CFPB litigation Rise Economy v. Russell Vought Date: Dec. 8, 2025 Issue: Whether the Consumer Financial Protection Bureau violated the Administrative Procedure Act (APA) by refusing to request and accept statutorily authorized funding from the Board of Governors...

Capital One agrees to pay $425 million to resolve 360 Performance Savings Account allegations

Virginia district court grants preliminary approval for settlement in influencer lawsuit against Capital One

Uncategorized
January 5, 2026

A Virginia federal court granted preliminary approval of a settlement in a class action alleging Capital One’s coupon-search browser extension diverted commissions from content creators.

Second circuit affirms dismissal of investor lawsuit against Barclays

Second circuit affirms dismissal of investor lawsuit against Barclays

Uncategorized
January 5, 2026

A unanimous Second Circuit panel affirmed the dismissal of a lawsuit accusing Barclays of misleading investors about its internal controls before the bank inadvertently oversold exchange traded notes.

U.S. Supreme Court rules CFPB’s funding structure is constitutional

D.C. circuit court grants en banc rehearing of CFPB layoff lawsuit, district court clarifies preliminary injunction

Uncategorized
January 5, 2026

The D.C. Circuit Court granted the National Treasury Employees Union’s petition for rehearing in its lawsuit challenging whether CFPB violated the APA by using the bureau’s funding mechanism to defund itself.

NEWSBYTES

Housing starts fall in October

January 9, 2026

Preliminary: Consumer sentiment increased 1.1 points in January

January 9, 2026

Treasury issues order, alert to Minnesota institutions on alleged fraud rings

January 9, 2026

SPONSORED CONTENT

Seeing More Check Fraud and Scams? These Educational Online Toolkits Can Help

Seeing More Check Fraud and Scams? These Educational Online Toolkits Can Help

November 1, 2025
5 FedNow®  Service Developments You May Have Missed

5 FedNow® Service Developments You May Have Missed

October 31, 2025

Cash, Security, and Resilience in a Digital-First Economy

October 20, 2025
Rethinking Outsourcing: The Value of Tech-Enabled, Strategic Growth Partnerships

Rethinking Outsourcing: The Value of Tech-Enabled, Strategic Growth Partnerships

October 1, 2025

PODCASTS

Podcast: The incredible shrinking penny (circulation)

January 8, 2026

Podcast: Cybersecurity in a mobile-first banking landscape

December 18, 2025

Podcast: The 2026 outlook for bank M&A

December 11, 2025

American Bankers Association
1333 New Hampshire Ave NW
Washington, DC 20036
1-800-BANKERS (800-226-5377)
www.aba.com
About ABA
Privacy Policy
Contact ABA

ABA Banking Journal
About ABA Banking Journal
Media Kit
Advertising
Subscribe

© 2026 American Bankers Association. All rights reserved.

No Result
View All Result
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive

© 2026 American Bankers Association. All rights reserved.