# 12 C.F.R. § 23.3 (2026): Lease requirements

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/CFR_T12_P23_S23_3

## Section

- **Citation:** 12 C.F.R. § 23.3 (2026)
- **Heading:** Lease requirements
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Title 12 CFR: Banks and Banking / Chapter I / Part 23 / Subpart A / § 23.3: § 23.3   Lease requirements.

## Text

(a) General requirements. A national bank may acquire personal property for the purpose of, or in connection with leasing that property, and may engage in activities incidental thereto, if the lease qualifies as a full-payout lease and a net lease. (b) Exceptions —(1) Change in condition. If, in good faith, a national bank believes that there has been a change in condition that threatens its financial position by increasing its exposure to loss, then the bank may: (i) Take reasonable and appropriate action, including the actions specified in § 23.2(f), to salvage or protect the value of the leased property or its interests arising under the lease; and (ii) Acquire or perfect title to the leased property pursuant to any existing rights. (2) Provisions to protect the bank's interests. A national bank may include any provision in a lease, or make any additional agreement, to protect its financial position or investment in the event of a change in conditions that would increase its exposure to loss. (3) Arranging for services by a third party. A national bank may arrange for a third party to provide any of the services enumerated in § 23.2(f) to the lessee at the expense of the lessee.

## Nearby sections

- [12 C.F.R. § 23.1 (2026) § 23.1   Authority, purpose, and scope.](https://www.frixlaw.com/law-library/statutes/CFR_T12_P23_S23_1.md)
- [12 C.F.R. § 23.2 (2026) § 23.2   Definitions.](https://www.frixlaw.com/law-library/statutes/CFR_T12_P23_S23_2.md)
- [12 C.F.R. § 23.3 (2026) § 23.3   Lease requirements.](https://www.frixlaw.com/law-library/statutes/CFR_T12_P23_S23_3.md)
- [12 C.F.R. § 23.4 (2026) § 23.4   Investment in personal property.](https://www.frixlaw.com/law-library/statutes/CFR_T12_P23_S23_4.md)
- [12 C.F.R. § 23.5 (2026) § 23.5   Requirement for separate records.](https://www.frixlaw.com/law-library/statutes/CFR_T12_P23_S23_5.md)
- [12 C.F.R. § 23.6 (2026) § 23.6   Application of lending limits; restrictions on transactions with affiliates.](https://www.frixlaw.com/law-library/statutes/CFR_T12_P23_S23_6.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/CFR_T12_P23_S23_3. Check the current official text before relying on it. Not legal advice.