43.320.080  <<  43.320.090 >>   43.320.100

Borrowing money by director, deputy, or employeePenalty.

(1) It shall be unlawful for the director of financial institutions, any deputized assistant of the director, or any employee of the department of financial institutions to borrow money from any bank, consumer loan company, credit union, foreign bank branch, savings bank, savings and loan association, or trust company or department, securities broker-dealer or investment advisor, or similar lending institution under the department's direct jurisdiction unless the extension of credit:
(a) Is made on substantially the same terms (including interest rates and collateral) as, and following credit underwriting procedures that are not less stringent than, those prevailing at the time for comparable transactions by the financial institution with other persons that are not employed by either the department or the institution; and
(b) Does not involve more than the normal risk of repayment or present other unfavorable features.
(2) The director of the office of financial management shall adopt rules, policies, and procedures interpreting and implementing this section.
(3) Every person who knowingly violates this section shall forfeit his or her office or employment and be guilty of a gross misdemeanor.
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