Friday, April 12, 2019 6:43:08 PM
"§ 533.2 Definition of covered agreement.
(a)General definition of covered agreement. A covered agreement is any contract, arrangement, or understanding that meets all of the following criteria -
(1) The agreement is in writing.
(2) The parties to the agreement include -
(i) One or more insured depository institutions or affiliates of an insured depository institution; and
(ii) One or more NGEPs.
(3) The agreement provides for the insured depository institution or any affiliate to -
(i) Provide to one or more individuals or entities (whether or not parties to the agreement) cash payments, grants, or other consideration (except loans) that have an aggregate value of more than $10,000 in any calendar year; or
(ii) Make to one or more individuals or entities (whether or not parties to the agreement) loans that have an aggregate principal amount of more than $50,000 in any calendar year.
(4) The agreement is made pursuant to, or in connection with, the fulfillment of the CRA, as defined in § 533.4 of this part.
(5) The agreement is with a NGEP that has had a CRA communication as described in § 533.3 of this part prior to entering into the agreement."
So, we have a "covered contract".
What classification should they be in?
What about the guarantee isn't covering it?
mojo
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