# 12 CFR § 23.3: Lease requirements

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-12-23.3

## Section

- **Citation:** 12 CFR § 23.3
- **Heading:** Lease requirements
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 12—Banks and Banking > CHAPTER I—COMPTROLLER OF THE CURRENCY, DEPARTMENT OF THE TREASURY > PART 23—LEASING > Subpart A—General Provisions

## 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 CFR § 23.1 § 23.1 Authority, purpose, and scope.](https://www.frixlaw.com/law-library/statutes/ecfr-12-23.1.md)
- [12 CFR § 23.2 § 23.2 Definitions.](https://www.frixlaw.com/law-library/statutes/ecfr-12-23.2.md)
- [12 CFR § 23.3 § 23.3 Lease requirements.](https://www.frixlaw.com/law-library/statutes/ecfr-12-23.3.md)
- [12 CFR § 23.4 § 23.4 Investment in personal property.](https://www.frixlaw.com/law-library/statutes/ecfr-12-23.4.md)
- [12 CFR § 23.5 § 23.5 Requirement for separate records.](https://www.frixlaw.com/law-library/statutes/ecfr-12-23.5.md)
- [12 CFR § 23.6 § 23.6 Application of lending limits; restrictions on transactions with affiliates.](https://www.frixlaw.com/law-library/statutes/ecfr-12-23.6.md)
- [12 CFR § 23.10 § 23.10 General rule.](https://www.frixlaw.com/law-library/statutes/ecfr-12-23.10.md)
- [12 CFR § 23.11 § 23.11 Lease term.](https://www.frixlaw.com/law-library/statutes/ecfr-12-23.11.md)
- [12 CFR § 23.12 § 23.12 Transition rule.](https://www.frixlaw.com/law-library/statutes/ecfr-12-23.12.md)
- [12 CFR § 23.20 § 23.20 General rule.](https://www.frixlaw.com/law-library/statutes/ecfr-12-23.20.md)
- [12 CFR § 23.21 § 23.21 Estimated residual value.](https://www.frixlaw.com/law-library/statutes/ecfr-12-23.21.md)
- [12 CFR § 23.22 § 23.22 Transition rule.](https://www.frixlaw.com/law-library/statutes/ecfr-12-23.22.md)

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-12-23.3. Check the current official text before relying on it. Not legal advice.