WAC 208-460-060
What are the collateral and security
requirements? Unless the director grants a waiver:
(1) All member business loans must be secured by collateral
in accordance with this section, except the following:
(a) A credit card line of credit granted to nonnatural
persons that is limited to routine purposes normally made
available under such lines of credit; and
(b) A loan made by a credit union where the loan and the
credit union meet each of the following criteria:
(i) The amount of the loan does not exceed one hundred
thousand dollars;
(ii) The aggregate of unsecured MBL under (b) of this
subsection does not exceed ten percent of the credit union's net
worth;
(iii) The credit union has a net worth of at least seven
percent; and
(iv) The credit union submits reports to the division of
credit unions with its NCUA 5300 reports, providing figures and
other detail as may be requested by the director to demonstrate
compliance with (b) of this subsection;
(2) In the case of a member business loan secured by
collateral on which the credit union will have a first lien, you
may grant the loan with a LTV ratio in excess of eighty percent
only where the value in excess of eighty percent is:
(a) Covered through acquisition of private mortgage or
equivalent type insurance provided by an insurer acceptable to
the credit union; or
(b) Insured or guaranteed, or subject to advance commitment
to purchase, by any federal or state agency (or any political
subdivision of a state).
In no case may the LTV ratio exceed ninety-five percent;
(3) In the case of a member business loan secured by
collateral on which the credit union will have a second or lesser
priority lien, you may not grant the loan with a LTV ratio in
excess of eighty percent; and
(4) In the case of member business loans secured by the same
collateral:
(a) On which the credit union will have a first lien as well
as other lesser priority liens, you may grant the loans with a
LTV ratio in excess of eighty percent only if subsection (2)(a)
or (b) of this section is satisfied. In no case may the LTV
ratio exceed ninety-five percent; and
(b) On which the credit union will have lesser priority
liens but no first lien, you may not grant the loans with a LTV
ratio in excess of eighty percent.
[Statutory Authority: RCW 31.12.426(1), 31.12.516(2),43.320.040
. 01-10-084, § 208-460-060, filed 5/1/01, effective
6/1/01.]