12 CFR 160.170
§ 160.170 Records for lending transactions.
United States · 12 CFR — Banks and Banking · Status: effective
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- Citation
- 12 CFR 160.170, § 160.170 Records for lending transactions, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/43824
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Full text
In establishing and maintaining its records pursuant to § 163.170 of this chapter, each Federal savings association and service corporation should establish and maintain loan documentation practices that:
(a) Ensure that the institution can make an informed lending decision and can assess risk on an ongoing basis;
(b) Identify the purpose and all sources of repayment for each loan, and assess the ability of the borrower(s) and any guarantor(s) to repay the indebtedness in a timely manner;
(c) Ensure that any claims against a borrower, guarantor, security holders, and collateral are legally enforceable;
(d) Demonstrate appropriate administration and monitoring of its loans; and
(e) Take into account the size and complexity of its loans.
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.