Q An insider (as defined in Regulation O) will be pledging a certificate of deposit (CD) to secure a loan for a family member. If the insider will not be guaranteeing the loan, will it be subject to Regulation O?
A Yes. The insider is, in effect, guaranteeing the loan by pledging the CD. If the borrower does not perform, the bank can liquidate the insider’s CD to repay the loan, meaning the insider is guaranteeing repayment of the loan.
For more information, contact ABA’s Terry Hollinger.
Please note that this section is not a substitute for professional legal advice.