214.54 Loans to one borrower.

(1) Except as provided in sub. (2) and s. 214.49 (4), the total of outstanding loans and extensions of credit, both direct and indirect, made by a savings bank to a single person shall be subject to limits established by rule of the division, but may not exceed 20 percent of the savings bank's capital.

(2) Total outstanding loans and extensions of credit, both direct and indirect, made by a savings bank to a single person may exceed the 20 percent limit under sub. (1), but may not exceed 25 percent of the savings bank's capital, if all loans or extensions of credit that exceed the 20 percent limit are at least 100 percent secured by readily marketable collateral having a market value that may be determined by reliable and continuously available price quotations.

(3) Notwithstanding subs. (1) and (2), a savings bank may make loans to one borrower under any of the following circumstances:

(a) For any purpose if the total amount loaned does not exceed $500,000.

(b) To develop domestic residential housing units if the total amount loaned does not exceed the lesser of $30,000,000 or 30 percent of the savings bank's capital and if all of the following conditions are met:

1. The purchase price of each single-family dwelling unit in a development financed under this paragraph does not exceed $500,000.

2. The savings bank is in compliance with the capital requirements under s. 214.43.

3. Loans made under this paragraph to all borrowers do not, in aggregate, exceed 150 percent of the savings bank's capital.

4. Loans under this paragraph comply with all applicable loan-to-value requirements.

(4) A savings bank's loans to one borrower to finance the sale of real property acquired in satisfaction of debts may not exceed 50 percent of the savings bank's capital.

(5) A loan or extension of credit granted to one person, the proceeds of which are used for the direct benefit of a 2nd person, shall be considered to be a loan or extension of credit to the 2nd person as well as the first person.

(6) The total liabilities of a partnership, pool, syndicate or joint venture shall include the liabilities of the members of the entity.

(7) For a loan authorized under sub. (2), a savings bank shall institute procedures to ensure that collateral fully secures an outstanding loan or extension of credit at all times.

(8) If collateral values fall below 100 percent of an outstanding balance of a loan or extension of credit to the extent that the loan or extension of credit does not comply with subs. (1) and (2), the savings bank shall bring the loan into conformance within 15 business days unless a judicial proceeding or other extraordinary occurrence prevents the savings bank from taking action.

(9) This section does not apply to loans or extensions of credit to the United States or its agencies or to this state or its agencies.

History: 1991 a. 221; 1995 a. 27; 2017 a. 340.