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

Recent news from Treasury’s Office of Foreign Assets Control: April 5

Recent news from Treasury’s Office of Foreign Assets Control: October 27

Uncategorized
October 27, 2025

The Office of Foreign Assets Control announced the following sanctions action last week.

Recent news from Treasury’s Office of Foreign Assets Control: April 5

Recent news from Treasury’s Office of Foreign Assets Control: October 20

Uncategorized
October 20, 2025

News items that are the most recent sanctions-related actions from the Office of Foreign Assets Control.

Recent news from Treasury’s Office of Foreign Assets Control: April 5

Recent news from Treasury’s Office of Foreign Assets Control: October 14

Uncategorized
October 14, 2025

News items that are the most recent sanctions-related actions from the Office of Foreign Assets Control.

Terrorism and money laundering aggregates published: April through June 2024

Terrorism and money laundering aggregates published: July through September 2025

Uncategorized
October 6, 2025

The FinCEN 314(a) Updates section is published on a periodic basis to better capture the trend line for 314(a) usage. The following is an update from July through September 2025.

Recent news from Treasury’s Office of Foreign Assets Control: April 5

Recent news from Treasury’s Office of Foreign Assets Control: October 6

Uncategorized
October 6, 2025

News items that are the most recent sanctions-related actions from the Office of Foreign Assets Control.

Compliance question of the month: February 2025

Compliance question of the month: October 2025

Uncategorized
October 6, 2025

Compliance QOTM clears up the crediting interest and fees under Regulation E and the definition of a new account under Regulation CC.

NEWSBYTES

AMBA: 634,000 aided by Veteran Benefits Banking Program

October 24, 2025

Fed advances proposal to add transparency to large bank stress tests

October 24, 2025

Taylor to lead Washington Bankers Association

October 24, 2025

SPONSORED CONTENT

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
What good looks like in Small Business Lending – and how to get there

What good looks like in Small Business Lending – and how to get there

October 1, 2025
The Connectivity Dividend

The Connectivity Dividend

September 1, 2025

PODCASTS

Podcast: Why branches are top priority for PNC

October 23, 2025

Podcast: From tractors to drones, how farming tech affects ag lending

October 16, 2025

Podcast: Bigger data boosts financial inclusion at Synchrony

October 9, 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

© 2025 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

© 2025 American Bankers Association. All rights reserved.