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Pacifica Bank, a domestic bank, has a director named Antonio Cruz who directly owns 35% of Summit Realty, Inc., a property development company applying for a long-term loan to finance a mixed-use project. Antonio did not disclose his ownership nor recuse himself from the bank’s deliberations on the loan. The loan is approved by the loan committee and disbursed to Summit Realty. The project experiences cost overruns and becomes financially unviable. (a) Identify the controlling doctrine governing prohibited transactions by bank directors, officers, and employees. (b) Determine whether the loan to Summit Realty constitutes a prohibited transaction and whether such a transaction is void, voidable, or subject to ratification. (c) Explain the remedies or penalties for the director, the bank, and any third party under the law.

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