Section 286.3-280 - Maximum debt of persons to bank or trust company(1) Except as provided in subsection (2) of this section: (a) Subject to paragraph (b) of this subsection, no bank or trust company shall permit any person to become indebted to it or become obligated as guarantor or surety to it in an amount exceeding twenty percent (20%) of the bank's or trust company's capital stock actually paid in and actual amount of surplus, unless the person pledges, for any amount that exceeds the twenty percent (20%) limit, good collateral security or a mortgage upon real or personal property, which at the time is of more than the cash value of the indebtedness or obligation required to be secured under this paragraph above all other encumbrances;(b) In no event shall the indebtedness or obligation of any person exceed thirty percent (30%) of a bank's or trust company's capital stock actually paid in and actual amount of surplus; and(c) When computing the total of a bank's or trust company's capital stock actually paid in and actual amount of surplus, any negative balance of a bank's or trust company's undivided profits account shall be deducted.(2) A bank or trust company may, in lieu of complying with subsection (1) of this section, elect to comply with the legal lending limits applicable to national banks, as set forth in 12 U.S.C. sec. 84 and 12 C.F.R. pt. 32, as amended.(3) No bank or trust company shall permit any of its directors or executive officers to become indebted to it or become obligated as guarantor or surety to it in an amount that exceeds the amount that any other person is authorized by this section to become indebted or obligated to the bank or trust company.(4) In computing the indebtedness of any person:(a) The liability of any partnership in which the person acts as a general partner, and any obligation entered into for the benefit of a person, partnership, or association, shall be included in the total liabilities of the person, partnership, or association; and(b)1. Any credit exposure arising from a derivative transaction, repurchase agreement, reverse purchase agreement, securities lending transaction, or securities borrowing transaction shall be included. 2. For the purposes of this paragraph, the term "derivative transaction" includes any transaction that is a contract, agreement, swap, warrant, note, or option that is based, in whole or in part, on the value of, any interest in, or any quantitative measure or the occurrence of any event relating to, one (1) or more commodities, securities, currencies, interest or other rates, indices, or other assets.(5) Except as otherwise provided in this section, the same security, both in kind and amount, shall be required from stockholders as from nonstockholders.(6) The discount of bills of exchange drawn against actually existing value, and the purchase or discounting of commercial or business paper actually owned by the person negotiating the paper, shall not be considered as borrowed money within the meaning of this section in fixing the limit of indebtedness or obligation of any person selling or negotiating the paper to a bank.Amended by 2023 Ky. Acts ch. 101,§ 1, eff. 6/28/2023.Amended by 2012 Ky. Acts ch. 77,§ 1, eff. 7/11/2012. Amended 2010, Ky. Acts ch ch 28, sec. 15, effective 7/15/2010. -- Amended 2006, Ky. Acts ch. 183, sec. 9, effective 7/12/2006. -- Amended 1992 Ky. Acts ch. 77, sec. 3, effective 7/14/1992. -- Amended 1986 Ky. Acts ch. 444, sec. 9, effective 7/15/1986; and ch. 472, sec. 1, effective 7/15/1986. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective 10/1/1942, from Ky. Stat. secs. 581, 583, 609, 610.