12 CFR 7.1003 – Money lent by a national bank at banking offices or at facilities other than banking offices
(a) In general. For purposes of what constitutes a branch within the meaning of 12 U.S.C. § 36(j) and 12 CFR 5.30, “money” is deemed to be “lent” only at the place, if any, where the borrower in-person receives loan proceeds directly from national bank funds:
Terms Used In 12 CFR 7.1003
- Escrow: Money given to a third party to be held for payment until certain conditions are met.
- National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
(1) From the lending national bank or its operating subsidiary; or
(2) At a facility that is established by the lending national bank or its operating subsidiary.
(b) Receipt of national bank funds representing loan proceeds. Loan proceeds directly from national bank funds may be received by a borrower in person at a place that is not the national bank’s main office and is not licensed as a branch without violating 12 U.S.C. § 36, 12 U.S.C. § 81 and 12 CFR 5.30, provided that a third party is used to deliver the funds and the place is not established by the lending national bank or its operating subsidiary. A third party includes a person who satisfies the requirements of § 7.1012(c)(2), or one who customarily delivers loan proceeds directly from national bank funds under accepted industry practice, such as an attorney or escrow agent at a real estate closing.
(c) Services on equivalent terms to those offered customers of unrelated banks. An operating subsidiary owned by a national bank may distribute loan proceeds from its own funds or bank funds directly to the borrower in person at offices the operating subsidiary has established without violating 12 U.S.C. § 36, 12 U.S.C. § 81 and 12 CFR 5.30 provided that the operating subsidiary provides similar services on substantially similar terms and conditions to customers of unaffiliated entities including unaffiliated banks.