Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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# 12 U.S.C. § 1461 - Short title
## Text
This chapter may be cited as the “Home Owners Loan Act.”
(June 13, 1933, ch. 64, § 1 (part), 48 Stat. 128; Pub. L. 10173, title III, § 301, Aug. 9, 1989, 103 Stat. 277.)
## Notes
Editorial Notes
Codification Section is comprised of the first sentence of section 1 of act June 13, 1933. The remainder of section 1 of the Act included a table of contents for the Act.
Amendments1989—Pub. L. 10173 amended section generally, striking out “of 1933” after “Act”.
Statutory Notes and Related Subsidiaries
Effective Date of 1989 AmendmentPub. L. 10173, title III, § 305(c), Aug. 9, 1989, 103 Stat. 352, provided that: “The amendments made by section 301 [amending this chapter] relating to civil penalties shall apply with respect to violations committed and activities engaged in after the date of the enactment of this Act [Aug. 9, 1989], except that the increased maximum civil penalties of $5,000 and $25,000 per violation or per day may apply to such violations or activities committed or engaged in before such date with respect to an institution if such violations or activities— “(1) are not already subject to a notice issued by the appropriate Federal banking agency or the Board (initiating an administrative proceeding); and “(2) occurred after the completion of the last report of examination of the institution by the appropriate Federal banking agency (as defined in section 3 of the Federal Deposit Insurance Act [12 U.S.C. 1813]) occurring before the date of the enactment of this Act.”
Short Title of 1998 AmendmentPub. L. 105164, § 1, Mar. 20, 1998, 112 Stat. 32, provided that: “This Act [enacting section 1786a of this title, amending sections 1464 and 1818 of this title, and enacting provisions set out as a note under section 1811 of this title] may be cited as the Examination Parity and Year 2000 Readiness for Financial Institutions Act.”
Short Title of 1991 AmendmentPub. L. 102242, title IV, § 436, Dec. 19, 1991, 105 Stat. 2381, provided that: “This subtitle [subtitle G (§§ 436441) of title IV of Pub. L. 102242, amending sections 1464 and 1467a of this title] may be cited as the Qualified Thrift Lender Reform Act of 1991.”
Short Title of 1982 AmendmentPub. L. 97320, title III, § 301, Oct. 15, 1982, 96 Stat. 1496, provided that: “This title [enacting section 1701j3 of this title, amending sections 1425a, 1426, 1428a, 1430, 1464, 1725, 1730a, 1841, and 3503 of this title, enacting provisions set out as a note under section 3503 of this title, and repealing provisions set out as a note under section 461 of this title] may be cited as the Thrift Institutions Restructuring Act.”
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# 12 U.S.C. § 1462 - Definitions
## Text
For purposes of this chapter—
(1) Corporation The term “Corporation” means the Federal Deposit Insurance Corporation.
(2) Savings association The term “savings association” means a savings association, as defined in section 3 of the Federal Deposit Insurance Act [12 U.S.C. 1813], the deposits of which are insured by the Corporation.
(3) Federal savings association The term “Federal savings association” means a Federal savings association or a Federal savings bank chartered under section 1464 of this title.
(4) National bank The term “national bank” has the same meaning as in section 3 of the Federal Deposit Insurance Act [12 U.S.C. 1813].
(5) Federal banking agencies The term “Federal banking agencies” means the Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, and the Federal Deposit Insurance Corporation.
(6) State The term “State” has the same meaning as in section 3 of the Federal Deposit Insurance Act [12 U.S.C. 1813].
(7) Affiliate The term “affiliate” means any person that controls, is controlled by, or is under common control with, a savings association, except as provided in section 1467a of this title.
(8) Board The term “Board”, other than in the context of the Board of Directors of the Corporation, means the Board of Governors of the Federal Reserve System.
(9) Comptroller The term “Comptroller” means the Comptroller of the Currency.
(10) Appropriate Federal banking agency The term “appropriate Federal banking agency” has the same meaning as in section 3(q) of the Federal Deposit Insurance Act (12 U.S.C. 1813(q)).
(11) Functionally regulated subsidiary The term “functionally regulated subsidiary” has the same meaning as in section 5(c)(5) of the Bank Holding Company Act of 1956 (12 U.S.C. 1844(c)(5)).
(June 13, 1933, ch. 64, § 2, 48 Stat. 128; June 27, 1934, ch. 847, title V, § 508(a), 48 Stat. 1264; May 28, 1935, ch. 150, § 10, 49 Stat. 296; 1947 Reorg. Plan No. 3, eff. July 27, 1947, 12 F.R. 4981, 61 Stat. 954; Aug. 11, 1955, ch. 783, title I, § 109(a)(3), 69 Stat. 640; Pub. L. 95630, title XII, § 1201, Nov. 10, 1978, 92 Stat. 3710; Pub. L. 97320, title I, § 114(a), Oct. 15, 1982, 96 Stat. 1475; Pub. L. 10173, title III, § 301, Aug. 9, 1989, 103 Stat. 277; Pub. L. 111203, title III, § 369(2), title VI, § 604(h)(1), July 21, 2010, 124 Stat. 1557, 1602.)
## Notes
Editorial Notes
Amendments2010—Pars. (1) to (9). Pub. L. 111203, § 369(2), redesignated pars. (2) and (4) to (9) as (1) and (2) to (7), respectively, added pars. (8) and (9), and struck out former pars. (1) and (3) which read as follows: “(1) Director.—The term Director means the Director of the Office of Thrift Supervision. “(3) Office.—The term Office means the Office of Thrift Supervision.” Pars. (10), (11). Pub. L. 111203, § 604(h)(1), added pars. (10) and (11). 1989—Pub. L. 10173 amended section generally, substituting definition of “Director”, “Corporation”, “Office”, “savings association”, “Federal savings association”, “national bank”, “Federal banking agencies”, “State”, and “affiliate”, designated as pars. (1) to (9), for definition of “Board”, “Corporation”, “home mortgage”, “first mortgage”, and “association”, designated as subsecs. (a) to (d). 1982—Subsec. (d). Pub. L. 97320 substituted reference to Federal savings bank or Federal savings banks for reference to Federal mutual savings bank wherever appearing. 1978—Subsec. (d). Pub. L. 95630 included a Federal mutual savings bank chartered by the Board within definition of “association”, and inserted provisions that a reference to a Federal savings and loan association shall be deemed also a reference to a Federal mutual savings bank. 1935—Subsec. (c). Act May 28, 1935, inserted “or dwellings” and “in whole or in part” in cl. (2). 1934—Subsec. (c). Act June 27, 1934, substituted “(1) under a lease for not less than ninety-nine years which is renewable, or (2) under a lease having a period of not less than fifty years to run from the date the mortgage was executed” for “under a lease renewable for not less than ninety nine years”.
Statutory Notes and Related Subsidiaries
Change of Name “Home Loan Bank Board” changed to “Federal Home Loan Bank Board” by act Aug. 11, 1955, ch. 783, § 109(a)(3), which was classified to section 1437(b) of this title prior to the repeal of section 1437 by Pub. L. 10173, title VII, § 703(a), Aug. 9, 1989, 103 Stat. 415.
Effective Date of 2010 AmendmentAmendment by section 369(2) of Pub. L. 111203 effective on the transfer date, see section 351 of Pub. L. 111203, set out as a note under section 906 of Title 2, The Congress. Pub. L. 111203, title VI, § 604(j), July 21, 2010, 124 Stat. 1604, provided that: “The amendments made by this section [amending this section and sections 1467a, 1828, and 1842 to 1844 of this title and repealing section 1848a of this title] shall take effect on the transfer date.” [For definition of “transfer date” as used in section 604(j) of Pub. L. 111203, set out above, see section 5411 of this title.]
Effective Date of 1978 AmendmentAmendment effective upon expiration of 120 days after Nov. 10, 1978, see section 2101 of Pub. L. 95630 set out as an Effective Date note under section 375b of this title.
Executive Documents
Transfer of Functions Reorg. Plan No. 3 of 1947, set out in the Appendix to Title 5, Government Organization and Employees, abolished Federal Home Loan Bank Board and transferred its functions to Home Loan Bank Board created by the Plan.
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# 12 U.S.C. § 1462a - Administrative provisions
## Text
(a) Powers In accordance with subtitle A of title III of the Dodd-Frank Wall Street Reform and Consumer Protection Act, the appropriate Federal banking agency shall have all powers which—
(1) were vested in the Federal Home Loan Bank Board (in the Boards capacity as such) or the Chairman of such Board on the day before the date of the enactment of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 [Aug. 9, 1989]; and
(2) were not—
(A) transferred to the Federal Deposit Insurance Corporation, the Federal Housing Finance Board, the Resolution Trust Corporation, or the Federal Home Loan Mortgage Corporation pursuant to any amendment made by such Act; or
(B) established under any provision of law repealed by such Act.
(b) State homestead provisions No provision of this chapter or any other provision of law administered by the appropriate Federal banking agency shall be construed as superseding any homestead provision of any State constitution, including any implementing State statute, in effect on September 29, 1994, or any subsequent amendment to such a State constitutional or statutory provision in effect on September 29, 1994, that exempts the homestead of any person from foreclosure, or forced sale, for the payment of all debts, other than a purchase money obligation relating to the homestead, taxes due on the homestead, or an obligation arising from work and material used in constructing improvements on the homestead.
(June 13, 1933, ch. 64, § 3, as added Pub. L. 10173, title III, § 301, Aug. 9, 1989, 103 Stat. 278; amended Pub. L. 103325, title III, § 331(c), Sept. 23, 1994, 108 Stat. 2232; Pub. L. 103328, title I, § 102(b)(5), Sept. 29, 1994, 108 Stat. 2352; Pub. L. 109351, title VII, § 712, Oct. 13, 2006, 120 Stat. 1994; Pub. L. 111203, title III, § 369(3), July 21, 2010, 124 Stat. 1558.)
## Notes
Editorial Notes
References in TextThe Dodd-Frank Wall Street Reform and Consumer Protection Act, referred to in subsec. (a), is Pub. L. 111203, July 21, 2010, 124 Stat. 1376. Subtitle A (§§ 311319) of title III of the Act enacted part A (§ 5411 et seq.) of subchapter III of chapter 53 and sections 4b and 16 of this title, amended sections 1, 11, 248, 481, 482, 1813, and 1820 of this title and section 3502 of Title 44, Public Printing and Documents, and enacted provisions set out as notes under sections 1 and 16 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables. The Financial Institutions Reform, Recovery, and Enforcement Act of 1989, referred to in subsec. (a), is Pub. L. 10173, Aug. 9, 1989, 103 Stat. 183. For complete classification of this Act to the Code, see Tables.
Prior ProvisionsA prior section 3 of act June 13, 1933, amended section 1424 of this title prior to the general revision of this chapter by Pub. L. 10173, § 301.
Amendments2010—Pub. L. 111203, § 369(3)(A), inserted section catchline and struck out former section catchline “Director of the Office of Thrift Supervision”. Pub. L. 111203, § 369(3)(B), (C), redesignated subsecs. (e) and (f) as (a) and (b), respectively, and struck out former subsecs. (a) to (d), which related to establishment of the Office of Thrift Supervision, position, appointment and term of Director, and prohibition on financial interests by Director; and subsecs. (g) to (j), which related to annual report requirement, staff, funding through assessments, and GAO audits. Subsec. (a). Pub. L. 111203, § 369(3)(D), struck out “of the Director” after “Powers” in heading and substituted “In accordance with subtitle A of title III of the Dodd-Frank Wall Street Reform and Consumer Protection Act, the appropriate Federal banking agency” for “The Director” in introductory provisions. Subsec. (b). Pub. L. 111203, § 369(3)(E), substituted “appropriate Federal banking agency” for “Director”. 2006—Subsec. (c)(3). Pub. L. 109351, § 712(b), designated existing provisions as subpar. (A), inserted subpar. heading, and added subpar. (B). Subsec. (c)(5). Pub. L. 109351, § 712(a), amended heading and text of par. (5) generally. Prior to amendment, text read as follows: “Notwithstanding paragraphs (1) and (2), the Chairman of the Federal Home Loan Bank Board on the date of enactment of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, shall be the Director until the date on which that individuals term as Chairman of the Federal Home Loan Bank Board would have expired.” 1994—Subsec. (b)(3). Pub. L. 103325, § 331(c)(1), substituted “(including agency enforcement actions) unless otherwise specifically provided by law” for “unless otherwise provided by law”. Subsec. (b)(4). Pub. L. 103325, § 331(c)(2), added par. (4). Subsecs. (f) to (j). Pub. L. 103328 added subsec. (f) and redesignated former subsecs. (f) to (i) as (g) to (j), respectively.
Statutory Notes and Related Subsidiaries
Effective Date of 2010 AmendmentAmendment by Pub. L. 111203 effective on the transfer date, see section 351 of Pub. L. 111203, set out as a note under section 906 of Title 2, The Congress.
Executive Documents
Delegation of Authority To Ratify Office of Thrift Supervision Actions Memorandum of the President of the United States, Apr. 18, 1990, 55 F.R. 15207, provided: Memorandum for the Director of the Office of Thrift Supervision By the authority vested in me as President of the United States by the Constitution and laws of the United States, including section 301 of title 3 of the United States Code, I hereby delegate to the Director of the Office of Thrift Supervision my authority to ratify actions taken on behalf of, or in the name of, the Office of Thrift Supervision or its Director before April 9, 1990. This memorandum shall be published in the Federal Register. George Bush.
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# 12 U.S.C. § 1463 - Supervision of savings associations
## Text
(a) Savings associations (1) Examination and safe and sound operation (A) Federal savings associations The Comptroller shall provide for the examination and safe and sound operation of Federal savings associations.
(B) State savings associations The Corporation shall provide for the examination and safe and sound operation of State savings associations.
(2) Regulations for savings associations The Comptroller may prescribe regulations with respect to savings associations, as the Comptroller determines to be appropriate to carry out the purposes of this chapter.
(3) Safe and sound housing credit to be encouraged The Comptroller and the Corporation shall exercise all powers granted to the Comptroller and the Corporation under this chapter so as to encourage savings associations to provide credit for housing safely and soundly.
(b) Accounting and disclosure (1) In general The Comptroller shall, by regulation, prescribe uniform accounting and disclosure standards for savings associations, to be used in determining savings associations compliance with all applicable regulations.
(2) Specific requirements for accounting standards Subject to section 1464(t) of this title, the uniform accounting standards prescribed under paragraph (1) shall—
(A) incorporate generally accepted accounting principles to the same degree that such principles are used to determine compliance with regulations prescribed by the Federal banking agencies; and
(B) allow for no deviation from full compliance with such standards as are in effect after December 31, 1993.
(3) Authority to prescribe more stringent accounting standards The Comptroller may at any time prescribe accounting standards more stringent than required under paragraph (2) if the Comptroller determines that the more stringent standards are necessary to ensure the safe and sound operation of savings associations.
(c) Stringency of standards The regulations of the Comptroller and the policies of the Comptroller and the Corporation governing the safe and sound operation of savings associations, including regulations and policies governing asset classification and appraisals, shall be no less stringent than those established by the Comptroller for national banks.
(d) Investment of certain funds in accounts of savings associations The savings accounts and share accounts of savings associations insured by the Corporation shall be lawful investments and may be accepted as security for all public funds of the United States, fiduciary and trust funds under the authority or control of the United States or any officer thereof, and for the funds of all corporations organized under the laws of the United States (subject to any regulatory authority otherwise applicable), regardless of any limitation of law upon the investment of any such funds or upon the acceptance of security for the investment or deposit of any of such funds.
(e) Participation by savings associations in lotteries and related activities (1) Participation prohibited No savings association may—
(A) deal in lottery tickets;
(B) deal in bets used as a means or substitute for participation in a lottery;
(C) announce, advertise, or publicize the existence of any lottery; or
(D) announce, advertise, or publicize the existence or identity of any participant or winner, as such, in a lottery.
(2) Use of facilities prohibited No savings association may permit—
(A) the use of any part of any of its own offices by any person for any purpose forbidden to the institution under paragraph (1); or
(B) direct access by the public from any of its own offices to any premises used by any person for any purpose forbidden to the institution under paragraph (1).
(3) Definitions For purposes of this subsection—
(A) Deal in The term “deal in” includes making, taking, buying, selling, redeeming, or collecting.
(B) Lottery The term “lottery” includes any arrangement, other than a savings promotion raffle, under which—
(i) 3 or more persons (hereafter in this subparagraph referred to as the “participants”) advance money or credit to another in exchange for the possibility or expectation that 1 or more but not all of the participants (hereafter in this paragraph referred to as the “winners”) will receive by reason of those participants advances more than the amounts those participants have advanced; and
(ii) the identity of the winners is determined by any means which includes—
(I) a random selection;
(II) a game, race, or contest; or
(III) any record or tabulation of the result of 1 or more events in which any participant has no interest except for the bearing that event has on the possibility that the participant may become a winner.
(C) Lottery ticket The term “lottery ticket” includes any right, privilege, or possibility (and any ticket, receipt, record, or other evidence of any such right, privilege, or possibility) of becoming a winner in a lottery.
(D) Savings promotion raffle The term “savings promotion raffle” means a contest in which the sole consideration required for a chance of winning designated prizes is obtained by the deposit of a specified amount of money in a savings account or other savings program, where each ticket or entry has an equal chance of being drawn, such contest being subject to regulations that may from time to time be promulgated by the appropriate prudential regulator (as defined in section 5481 of this title).
(4) Exception for State lotteries Paragraphs (1) and (2) shall not apply with respect to any savings association accepting funds from, or performing any lawful services for, any State operating a lottery, or any officer or employee of such a State who is charged with administering the lottery.
(5) Regulations The Comptroller shall prescribe such regulations as may be necessary to provide for enforcement of this subsection and to prevent any evasion of any provision of this subsection.
(f) Federally related mortgage loan disclosures A savings association may not make a federally related mortgage loan to an agent, trustee, nominee, or other person acting in a fiduciary capacity without requiring that the identity of the person receiving the beneficial interest of such loan shall at all times be revealed to the savings association. At the request of the appropriate Federal banking agency, the savings association shall report to the appropriate Federal banking agency the identity of such person and the nature and amount of the loan.
(g) Preemption of State usury laws (1) Notwithstanding any State law, a savings association may charge interest on any extension of credit at a rate of not more than 1 percent in excess of the discount rate on 90-day commercial paper in effect at the Federal Reserve bank in the Federal Reserve district in which such savings association is located or at the rate allowed by the laws of the State in which such savings association is located, whichever is greater.
(2) If the rate prescribed in paragraph (1) exceeds the rate such savings association would be permitted to charge in the absence of this subsection, the receiving or charging a greater rate of interest than that prescribed by paragraph (1), when knowingly done, shall be deemed a forfeiture of the entire interest which the extension of credit carries with it, or which has been agreed to be paid thereon. If such greater rate of interest has been paid, the person who paid it may recover, in a civil action commenced in a court of appropriate jurisdiction not later than 2 years after the date of such payment, an amount equal to twice the amount of the interest paid from the savings association taking or receiving such interest.
(h) Form and maturity of securities No savings association shall—
(1) issue securities which guarantee a definite maturity except with the specific approval of the appropriate Federal banking agency, or
(2) issue any securities the form of which has not been approved by the appropriate Federal banking agency.
(June 13, 1933, ch. 64, § 4, as added Pub. L. 10173, title III, § 301, Aug. 9, 1989, 103 Stat. 280; amended Pub. L. 111203, title III, § 369(4), July 21, 2010, 124 Stat. 1558; Pub. L. 113251, § 3(d), Dec. 18, 2014, 128 Stat. 2889.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 1463, acts June 13, 1933, ch. 64, § 4, 48 Stat. 129; Apr. 27, 1934, ch. 168, §§ 1(a), 24, 13, 48 Stat. 643645, 647; June 27, 1934, ch. 847, title V, §§ 506, 508(b), 48 Stat. 1263, 1264; May 28, 1935, ch. 150, §§ 1017(a), 49 Stat. 296, 297; Aug. 11, 1939, ch. 684, 53 Stat. 1403; Oct. 24, 1942, ch. 621, 56 Stat. 986; June 30, 1947, ch. 166, title II, § 206(f), 61 Stat. 206, related to creation of Home Owners Loan Corporation, for appointment and compensation of its board of directors, for appointment and compensation of its employees, and for other powers, prior to repeal by Pub. L. 89554, § 8(a), Sept. 6, 1966, 80 Stat. 648. A prior section 1463a, act Apr. 27, 1934, ch. 168, § 1(b), 48 Stat. 644, provided that amendments made to subsec. (c) of former section 1463 of this title, except with respect to refunding, by act Apr. 27, 1934, should not apply to any bonds prior to Apr. 27, 1934, issued under subsec. (c), or to any bonds thereafter issued in compliance with commitments of the Corporation outstanding on Apr. 27, 1934. A prior section 1463b, act Apr. 27, 1934, ch. 168, § 9, 48 Stat. 646, related to purchase of obligations of, and loans to, Federal Home Loan Banks, prior to repeal by act May 28, 1935, ch. 150, § 17(b), 49 Stat. 297.
Amendments2014—Subsec. (e)(3)(B). Pub. L. 113251, § 3(d)(1), inserted “, other than a savings promotion raffle,” after “arrangement” in introductory provisions. Subsec. (e)(3)(D). Pub. L. 113251, § 3(d)(2), added subpar. (D). 2010—Subsec. (a). Pub. L. 111203, § 369(4)(A)(i), struck out “Federal” before “savings” in heading. Subsec. (a)(1), (2). Pub. L. 111203, § 369(4)(A)(ii), added pars. (1) and (2) and struck out former pars. (1) and (2) which read as follows: “(1) In general.—The Director shall provide for the examination, safe and sound operation, and regulation of savings associations. “(2) Regulations.—The Director may issue such regulations as the Director determines to be appropriate to carry out the responsibilities of the Director or the Office.” Subsec. (a)(3). Pub. L. 111203, § 369(4)(A)(iii), substituted “Comptroller and the Corporation” for “Director” in two places. Subsec. (b). Pub. L. 111203, § 369(4)(B)(ii), substituted “Comptroller” for “Director” wherever appearing. Subsec. (b)(2). Pub. L. 111203, § 369(4)(B)(i), inserted “and” at end of subpar. (A), substituted a period for “; and” at end of subpar. (B), and struck out subpar. (C) which read as follows: “prior to January 1, 1994, require full compliance by savings associations with accounting standards in effect at any time before such date not later than provided under the schedule in section 563.233 of title 12, Code of Federal Regulations (as in effect on May 1, 1989).” Subsec. (c). Pub. L. 111203, § 369(4)(C), substituted “The regulations of the Comptroller and the policies of the Comptroller and the Corporation” for “All regulations and policies of the Director” and struck out “of the Currency” before “for national”. Subsec. (e)(5). Pub. L. 111203, § 369(4)(D), substituted “Comptroller” for “Director”. Subsecs. (f), (h). Pub. L. 111203, § 369(4)(E), (F), substituted “appropriate Federal banking agency” for “Director” in two places.
Statutory Notes and Related Subsidiaries
Effective Date of 2010 AmendmentAmendment by Pub. L. 111203 effective on the transfer date, see section 351 of Pub. L. 111203, set out as a note under section 906 of Title 2, The Congress.
Preserving Minority Ownership of Minority Financial InstitutionsPub. L. 10173, title III, § 308, Aug. 9, 1989, 103 Stat. 353, as amended by Pub. L. 111203, title III, § 367(4), July 21, 2010, 124 Stat. 1556, provided that: “(a) Consultation on Methods.—The Secretary of the Treasury shall consult with the Chairman of the Board of Governors of the Federal Reserve System, the Comptroller of the Currency, the Chairman of the National Credit Union Administration, and the Chairperson of the Board of Directors of the Federal Deposit Insurance Corporation on methods for best achieving the following goals:“(1) Preserving the present number of minority depository institutions. “(2) Preserving their minority character in cases involving mergers or acquisition of a minority depository institution by using general preference guidelines in the following order:“(A) Same type of minority depository institution in the same city. “(B) Same type of minority depository institution in the same State. “(C) Same type of minority depository institution nationwide. “(D) Any type of minority depository institution in the same city. “(E) Any type of minority depository institution in the same State. “(F) Any type of minority depository institution nationwide. “(G) Any other bidders. “(3) Providing technical assistance to prevent insolvency of institutions not now insolvent. “(4) Promoting and encouraging creation of new minority depository institutions. “(5) Providing for training, technical assistance, and educational programs. “(b) Definitions.—For purposes of this section—“(1) Minority financial institution.—The term minority depository institution means any depository institution that—“(A) if a privately owned institution, 51 percent is owned by one or more socially and economically disadvantaged individuals; “(B) if publicly owned, 51 percent of the stock is owned by one or more socially and economically disadvantaged individuals; and “(C) in the case of a mutual institution where the majority of the Board of Directors, account holders, and the community which it services is predominantly minority. “(2) Minority.—The term minority means any black American, Native American, Hispanic American, or Asian American. “(c) Reports.—The Secretary of the Treasury, the Chairman of the Board of Governors of the Federal Reserve System, the Comptroller of the Currency, the Chairman of the National Credit Union Administration, and the Chairperson of Board of Directors of the Federal Deposit Insurance Corporation shall each submit an annual report to the Congress containing a description of actions taken to carry out this section.”
Abolition of Home Owners Loan Corporation Act June 30, 1953, ch. 170, § 21, 67 Stat. 126, provided for dissolution and abolition of Home Owners Loan Corporation established by former section 1463 of this title.
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# 12 U.S.C. § 1464a - Election to operate as a covered savings association
## Text
(a) Definition In this section, the term “covered savings association” means a Federal savings association that makes an election that is approved under subsection (b).
(b) Election (1) In general In accordance with the rules issued under subsection (f), a Federal savings association with total consolidated assets equal to or less than $20,000,000,000, as reported by the association to the Comptroller as of December 31, 2017, may elect to operate as a covered savings association by submitting a notice to the Comptroller of that election.
(2) Approval A Federal savings association shall be deemed to be approved to operate as a covered savings association beginning on the date that is 60 days after the date on which the Comptroller receives the notice submitted under paragraph (1), unless the Comptroller notifies the Federal savings association that the Federal savings association is not eligible.
(c) Rights and duties Notwithstanding any other provision of law, and except as otherwise provided in this section, a covered savings association shall—
(1) have the same rights and privileges as a national bank that has the main office of the national bank situated in the same location as the home office of the covered savings association; and
(2) be subject to the same duties, restrictions, penalties, liabilities, conditions, and limitations that would apply to a national bank described in paragraph (1).
(d) Treatment of covered savings associations A covered savings association shall be treated as a Federal savings association for the purposes—
(1) of governance of the covered savings association, including incorporation, bylaws, boards of directors, shareholders, and distribution of dividends;
(2) of consolidation, merger, dissolution, conversion (including conversion to a stock bank or to another charter), conservatorship, and receivership; and
(3) determined by regulation of the Comptroller.
(e) Existing branches A covered savings association may continue to operate any branch or agency that the covered savings association operated on the date on which an election under subsection (b) is approved.
(f) Rule making The Comptroller shall issue rules to carry out this section—
(1) that establish streamlined standards and procedures that clearly identify required documentation and timelines for an election under subsection (b);
(2) that require a Federal savings association that makes an election under subsection (b) to identify specific assets and subsidiaries that—
(A) do not conform to the requirements for assets and subsidiaries of a national bank; and
(B) are held by the Federal savings association on the date on which the Federal savings association submits a notice of the election;
(3) that establish—
(A) a transition process for bringing the assets and subsidiaries described in paragraph (2) into conformance with the requirements for a national bank; and
(B) procedures for allowing the Federal savings association to submit to the Comptroller an application to continue to hold assets and subsidiaries described in paragraph (2) after electing to operate as a covered savings association;
(4) that establish standards and procedures to allow a covered savings association to—
(A) terminate an election under subsection (b) after an appropriate period of time; and
(B) make a subsequent election under subsection (b) after terminating an election under subparagraph (A);
(5) that clarify requirements for the treatment of covered savings associations, including the provisions of law that apply to covered savings associations; and
(6) as the Comptroller determines necessary in the interests of safety and soundness.
(g) Grandfathered covered savings associations Subject to the rules issued under subsection (f), a covered savings association may continue to operate as a covered savings association if, after the date on which the election is made under subsection (b), the covered savings association has total consolidated assets greater than $20,000,000,000.
(June 13, 1933, ch. 64, § 5A, as added Pub. L. 115174, title II, § 206, May 24, 2018, 132 Stat. 1310.)
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# 12 U.S.C. § 1465 - State law preemption standards for Federal savings associations clarified
## Text
(a) In general Any determination by a court or by the Director or any successor officer or agency regarding the relation of State law to a provision of this chapter or any regulation or order prescribed under this chapter shall be made in accordance with the laws and legal standards applicable to national banks regarding the preemption of State law.
(b) Principles of conflict preemption applicable Notwithstanding the authorities granted under sections 1463 and 1464 of this title, this chapter does not occupy the field in any area of State law.
(c) Visitorial powers The provisions of sections 11 So in original. Probably should be “section”. 25b(i) of this title shall apply to Federal savings associations, and any subsidiary thereof, to the same extent and in the same manner as if such savings associations, or subsidiaries thereof, were national banks or subsidiaries of national banks, respectively.
(d) Enforcement actions The ability of the Comptroller of the Currency to bring an enforcement action under this chapter or section 45 of title 15 does not preclude any private party from enforcing rights granted under Federal or State law in the courts.
(June 13, 1933, ch. 64, § 6, as added and amended Pub. L. 111203, title X, §§ 1046(a), 1047(b), July 21, 2010, 124 Stat. 2017, 2018.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 1465, acts June 13, 1933, ch. 64, § 6, 48 Stat. 134; Apr. 27, 1934, ch. 168, § 11, 48 Stat. 647; May 28, 1935, ch. 150, § 19, 49 Stat. 297; Pub. L. 10173, title III, § 301, Aug. 9, 1989, 103 Stat. 313, which related to liquid asset requirements, was repealed by Pub. L. 106569, title XII, § 1201(a), Dec. 27, 2000, 114 Stat. 3032.
Amendments2010—Subsecs. (c), (d). Pub. L. 111203, § 1047(b), added subsecs. (c) and (d).
Statutory Notes and Related Subsidiaries
Effective DateEnactment and amendment of section by Pub. L. 111203 effective on the designated transfer date, see section 1048 of Pub. L. 111203, set out as a note under section 5551 of this title.
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# 12 U.S.C. § 1466 - Applicability
## Text
The provisions of this chapter shall apply to the United States and to Puerto Rico, Guam, and the Virgin Islands.
(June 13, 1933, ch. 64, § 7, 48 Stat. 134; July 14, 1952, ch. 723, § 10(b), 66 Stat. 604; Pub. L. 8670, § 9(b), June 25, 1959, 73 Stat. 142; Pub. L. 86624, § 5(b), July 12, 1960, 74 Stat. 411; Pub. L. 10173, title III, § 301, Aug. 9, 1989, 103 Stat. 315.)
## Notes
Editorial Notes
Amendments1989—Pub. L. 10173 amended section generally. Prior to amendment, section read as follows: “The provisions of this chapter shall apply to the continental United States (including Alaska), to the State of Hawaii, and to Puerto Rico, Guam and the Virgin Islands.” 1960—Pub. L. 86624 substituted “State of Hawaii” for “Territory of Hawaii”. 1959—Pub. L. 8670 substituted “continental United States (including Alaska), to the Territory of Hawaii” for “continental United States, to the Territories of Alaska and Hawaii”. 1952—Act July 14, 1952, inserted “Guam”.
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# 12 U.S.C. § 1466a - District associations
## Text
(a) In general The Comptroller shall, with respect to all incorporated or unincorporated building, building or loan, building and loan, or homestead associations, and similar institutions, of or transacting or doing business in the District of Columbia, or maintaining any office in the District of Columbia (other than Federal savings associations), have the same powers and functions as to examination, operation, and regulation as the Comptroller has with respect to Federal savings associations.
(b) Additional powers Any such association or institution incorporated under the laws of, or organized in, the District of Columbia shall have in addition to any existing statutory authority such statutory authority as is vested in Federal savings associations.
(c) Charter amendments Charters, certificates of incorporation, articles of incorporation, constitutions, bylaws, or other organic documents of associations or institutions referred to in subsection (b) of this section may, without regard to anything contained therein or otherwise, be amended in such manner and to such extent and upon such votes if any as the Comptroller may by regulation or otherwise provide.
(d) Limitation Nothing in this section shall cause, or permit the Comptroller to cause, District of Columbia associations to be or become Federal savings associations, or require the Comptroller to impose on District of Columbia associations the same regulations as are imposed on Federal savings associations.
(June 13, 1933, ch. 64, § 8, as added Pub. L. 91609, title IX, § 913, Dec. 31, 1970, 84 Stat. 1815; amended Pub. L. 10173, title III, § 301, Aug. 9, 1989, 103 Stat. 315; Pub. L. 111203, title III, § 369(6), July 21, 2010, 124 Stat. 1563.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 8 of act June 13, 1933, ch. 64, 48 Stat. 134, was classified to section 1467 of this title, prior to repeal by act June 25, 1948, ch. 645, § 21, 62 Stat. 862, eff. Sept. 1, 1948.
Amendments2010—Pub. L. 111203 substituted “Comptroller” for “Director” wherever appearing. 1989—Pub. L. 10173 amended section generally, substituting provisions relating to Director and Federal savings associations for former provisions relating to Federal Home Loan Bank Board and Federal savings and loan associations.
Statutory Notes and Related Subsidiaries
Effective Date of 2010 AmendmentAmendment by Pub. L. 111203 effective on the transfer date, see section 351 of Pub. L. 111203, set out as a note under section 906 of Title 2, The Congress.
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# 12 U.S.C. § 1467 - Examination fees
## Text
(a) Examination of savings associations The cost of conducting examinations of savings associations pursuant to section 1464(d) of this title shall be assessed by—
(1) the Comptroller, against each such Federal savings association, as the Comptroller deems necessary or appropriate; and
(2) the Corporation, against each such State savings association, as the Corporation deems necessary or appropriate.
(b) Examination of affiliates The cost of conducting examinations of affiliates of savings associations pursuant to this chapter may be assessed by the Comptroller or Corporation, as appropriate 11 So in original. Probably should be followed by a comma. against each affiliate that is examined as the Comptroller or Corporation, as appropriate 1 deems necessary or appropriate.
(c) Assessment against association in case of affiliates refusal to pay (1) In general Subject to paragraph (2), if any affiliate of any savings association—
(A) refuses to pay any assessment under subsection (b); or
(B) fails to pay any such assessment before the end of the 60-day period beginning on the date of the assessment,
the appropriate Federal banking agency may assess such cost against, and collect such cost from, such savings association.
(2) Affiliate of more than 1 savings association If any affiliate referred to in paragraph (1) is an affiliate of more than 1 savings association, the assessment with respect to the affiliate against, and collected from, any affiliated savings association in such proportions as the appropriate Federal banking agency may prescribe.
(d) Civil money penalty for affiliates refusal to cooperate (1) Penalty imposed If any affiliate of any savings association—
(A) refuses to permit any examiner appointed by the appropriate Federal banking agency to make an examination; or
(B) refuses to provide any information required to be disclosed in the course of any examination,
the savings association shall forfeit and pay a civil penalty of not more than $5,000 for each day that any such refusal continues.
(2) Assessment and collection Any penalty imposed under paragraph (1) shall be assessed and collected by the appropriate Federal banking agency, in the manner provided in section 8(i)(2) of the Federal Deposit Insurance Act [12 U.S.C. 1818(i)(2)].
(e) Regulations The Comptroller may prescribe regulations with respect to—
(1) the computation of, and the assessment for, the cost of conducting examinations pursuant to this section; and
(2) the collection and use of such assessments and any fees under this section.
Such regulations may establish formulas to determine a fee or schedule of fees to cover the costs of examinations and also to cover the cost of processing applications, filings, notices, and requests for approvals by the appropriate Federal banking agency or the designee of the Comptroller.
(f) [Reserved].
(g) Costs of other examinations (1) Examination of fiduciary activities In addition to any assessment imposed pursuant to subsection (a), the cost of conducting examinations of fiduciary activities of savings associations which exercise fiduciary powers (including savings associations or similar institutions in the District of Columbia) shall be assessed by the appropriate Federal banking agency against such savings associations (or similar institutions).
(2) Examinations in excess of 2 per calendar year If any savings association or affiliate of a savings association is examined by the appropriate Federal banking agency for the savings association more than 2 times in any calendar year, the cost of conducting such additional examinations shall be assessed, in addition to any assessment imposed pursuant to subsection (a), by the appropriate Federal banking agency or the Corporation, as the case may be, against such savings association or affiliate.
(h) Additional information Any savings association and any affiliate of any savings association shall provide the appropriate Federal banking agency with access to any information or report with respect to any examination made by any public regulatory authority and furnish any additional information with respect thereto as the appropriate Federal banking agency may require.
(i) Treatment of examination assessments (1) Deposits Amounts received by the appropriate Federal banking agency from assessments under this section (other than an assessment under subsection (d)(2)) or section 1467a(b)(4) of this title may be deposited in the manner provided in section 5234 of the Revised Statutes [12 U.S.C. 192] with respect to assessments by the Comptroller of the Currency.
(2) Assessments are not Government funds The amounts received by the appropriate Federal banking agency from any assessment under this section shall not be construed to be Government or public funds or appropriated money.
(3) Assessments are not subject to apportionment of funds Notwithstanding any other provision of law, the amounts received by the appropriate Federal banking agency from any assessment under this section shall not be subject to apportionment for the purpose of chapter 15 of title 31 or under any other authority.
(j) Processing fee The appropriate Federal banking agency may, in the sole discretion of the appropriate Federal banking agency, assess against any person that submits to the appropriate Federal banking agency an application, filing, notice, or request a fee to cover the cost of processing such submission.
(k) Fees for examinations and supervisory activities The appropriate Federal banking agency may assess against an institution fees to fund the direct and indirect expenses of the Office as the appropriate Federal banking agency deems necessary or appropriate. The fees may be imposed more frequently than annually at the discretion of the appropriate Federal banking agency.
(l) Working capital The appropriate Federal banking agency is authorized to impose fees and assessments pursuant to subsections (a), (b), (e), and (k) of this section, in excess of actual expenses for any given year, to permit the appropriate Federal banking agency to maintain a working capital fund. The appropriate Federal banking agency shall remit to the payors of such fees and assessments any funds collected in excess of what he deems necessary to maintain such working capital fund.
(m) Use of funds The appropriate Federal banking agency is authorized to use the combined resources retained through fees and assessments imposed pursuant to this section to pay all direct and indirect salary and administrative expenses of the Office, including contracts and purchases of property and services, and the direct and indirect expenses of the examinations and supervisory activities of the Office.
(June 13, 1933, ch. 64, § 9, as added Pub. L. 10086, title IV, § 402(a), Aug. 10, 1987, 101 Stat. 605; amended Pub. L. 10173, title III, § 301, Aug. 9, 1989, 103 Stat. 316; Pub. L. 102242, title I, § 114(c), Dec. 19, 1991, 105 Stat. 2248; Pub. L. 111203, title III, § 369(7), July 21, 2010, 124 Stat. 1563.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 1467, acts June 13, 1933, ch. 64, § 8, 48 Stat. 134; Apr. 27, 1934, ch. 168, § 12, 48 Stat. 647; May 28, 1935, ch. 150, §§ 20, 21, 49 Stat. 298, related to penalties, prior to repeal by act June 25, 1948, ch. 645, § 21, 62 Stat. 862, eff. Sept. 1, 1948. See sections 223, 433, 493, 657, 1006, and 1014 of Title 18, Crimes and Criminal Procedure. A prior section 9 of act June 13, 1933, was renumbered section 11 and is classified to section 1468 of this title.
Amendments2010—Subsec. (a). Pub. L. 111203, § 369(7)(A), substituted “assessed by—” for “assessed by the Director against each such savings association as the Director deems necessary or appropriate.” and added pars. (1) and (2). Subsec. (b). Pub. L. 111203, § 369(7)(B), substituted “Comptroller or Corporation, as appropriate” for “Director” in two places. Subsecs. (c), (d). Pub. L. 111203, § 369(7)(I), substituted “appropriate Federal banking agency” for “Director” in two places. Subsec. (e). Pub. L. 111203, § 369(7)(I), substituted “appropriate Federal banking agency” for “Director” in concluding provisions. Pub. L. 111203, § 369(7)(C), substituted “The Comptroller” for “Only the Director” in introductory provisions and “designee of the Comptroller” for “Directors designee” in concluding provisions. Subsec. (f). Pub. L. 111203, § 369(7)(D), substituted “[Reserved].” for text which read as follows: “The Corporation or the Federal home loan banks shall, upon request of and by agreement with the Director, collect fees and assessments on behalf of the Director and be reimbursed for the actual cost of collection.” Subsec. (g)(1). Pub. L. 111203, § 369(7)(E)(i), substituted “appropriate Federal banking agency” for “Director”. Subsec. (g)(2). Pub. L. 111203, § 369(7)(I), substituted “appropriate Federal banking agency or the Corporation” for “Director or the Corporation”. Pub. L. 111203, § 369(7)(E)(ii), substituted “appropriate Federal banking agency for the savings association” for “Director, or the Corporation, as the case may be,”. Subsec. (h). Pub. L. 111203, § 369(7)(I), substituted “appropriate Federal banking agency” for “Director” in two places. Subsec. (i). Pub. L. 111203, § 369(7)(F), substituted “appropriate Federal banking agency” for “Director” wherever appearing. Subsec. (j). Pub. L. 111203, § 369(7)(I), substituted “The appropriate Federal banking agency” for “The Director” and “submits to the appropriate Federal banking agency” for “submits to the Director”. Pub. L. 111203, § 369(7)(G), substituted “sole discretion of the appropriate Federal banking agency” for “Directors sole discretion”. Subsec. (k). Pub. L. 111203, § 369(7)(I), substituted “appropriate Federal banking agency deems” for “Director deems” and “discretion of the appropriate Federal banking agency” for “discretion of the Director”. Pub. L. 111203, § 369(7)(H), substituted “appropriate Federal banking agency may assess against an institution” for “Director may assess against institutions for which the Director is the appropriate Federal banking agency, as defined in section 3 of the Federal Deposit Insurance Act,”. Subsecs. (l), (m). Pub. L. 111203, § 369(7)(I), substituted “appropriate Federal banking agency” for “Director” wherever appearing. 1991—Subsec. (a). Pub. L. 102242, § 114(c)(1), added subsec. (a) and struck out former subsec. (a) which read as follows: “The cost of conducting examinations of savings associations pursuant to section 1464(d) of this title shall be assessed by the Director against each such savings association in proportion to the assets or resources of the savings association.” Subsec. (b). Pub. L. 102242, § 114(c)(1), added subsec. (b) and struck out former subsec. (b) which read as follows: “The cost of conducting examinations of affiliates of savings associations pursuant to this chapter may be assessed by the Director against each affiliate which is examined in proportion to the assets or resources held by the affiliate on the date of any such examination.” Subsec. (k). Pub. L. 102242, § 114(c)(2), amended subsec. (k) generally. Prior to amendment, subsec. (k) read as follows: “The Director may assess against institutions for which the Director is the appropriate Federal banking agency, within the meaning of section 3 of the Federal Deposit Insurance Act, fees to fund the direct and indirect expenses of the Office. Such fees shall be imposed in proportion of the assets or resources of the institutions. The fees may be imposed more frequently than annually at the discretion of the Director. The annual rate of such fees shall be the same for all institutions subject to such fees.” 1989—Pub. L. 10173 amended section generally, substituting subsecs. (a) to (m) relating to examination fees for former subsecs. (a) to (f) relating to accounting principles and other standards and requirements.
Statutory Notes and Related Subsidiaries
Effective Date of 2010 AmendmentAmendment by Pub. L. 111203 effective on the transfer date, see section 351 of Pub. L. 111203, set out as a note under section 906 of Title 2, The Congress.
Effective Date of 1989 AmendmentAmendment by Pub. L. 10173 relating to civil penalties applicable with respect to violations committed and activities engaged in after Aug. 9, 1989, except that the increased maximum civil penalties of $5,000 and $25,000 per violation or per day may apply to such violations or activities committed or engaged in before such date with respect to an institution if such violations or activities (1) are not already subject to a notice issued by the appropriate Federal banking agency or the Board (initiating an administrative proceeding); and (2) occurred after the completion of the last report of examination of the institution by the appropriate Federal banking agency (as defined in section 1813 of this title) occurring before Aug. 9, 1989, see section 305(c) of Pub. L. 10173, set out as a note under section 1461 of this title.
Submission of Proposed Regulations to CongressPub. L. 10086, title IV, § 402(c), Aug. 10, 1987, 101 Stat. 608, provided that: “Not later than the end of the 90-day period beginning on the date of the enactment of this Act [Aug. 10, 1987]— “(1) the Federal Home Loan Bank Board shall submit a copy of the proposed regulations required to be prescribed under the amendment made by subsection (a) [enacting this section] to the Congress; and “(2) the Federal Savings and Loan Insurance Corporation shall submit a copy of the proposed regulations required to be prescribed under the amendment made by subsection (b) [enacting section 1730h of this title] to the Congress.”
Effective Date of RegulationsPub. L. 10086, title IV, § 402(d), Aug. 10, 1987, 101 Stat. 608, provided that: “(1) In general.—Except as provided in paragraph (2), any regulation required to be prescribed under the amendment made by subsections (a) and (b) [enacting sections 1467 and 1730h of this title] shall be implemented not later than the end of the 150-day period beginning on the date of the enactment of this Act [Aug. 10, 1987]. “(2) Uniform gaap accounting standards.—“(A) In general.—Except as provided in subparagraph (B), the regulations required to be prescribed pursuant to subsection (b) of the amendments made by subsections (a) and (b) of this section shall take effect on December 31, 1987. “(B) Compliance at a later date.—If any association or insured institution demonstrates to the satisfaction of the Home Loan Bank Board or the Federal Savings and Loan Insurance Corporation, as the case may be, that it is not feasible for such association or institution to achieve compliance with the regulations referred to in subparagraph (A) by the date contained in such subparagraph, the Board or Corporation may approve a plan submitted by an association or insured institution which allows such association or institution to comply with such regulations at a later date to the extent such later date is the earlier of—“(i) the date by which, in the determination of the Board or Corporation, it is feasible for such association or insured institution to achieve compliance with such regulations; or “(ii) December 31, 1993.”
Sunset and Savings ProvisionSubsec. (a)(2), (3), (5) ceases to be effective on date that notice of completion of all net new borrowing by Financing Corporation is published in Federal Register [Mar. 30, 1992, 57 F.R. 10763], with such termination not to be construed to affect or limit any authority of Federal Home Loan Bank Board or Federal Savings and Loan Insurance Corporation to prescribe any regulation or engage in any activity with respect to any association or insured institution under any other provision of law, see section 416 of Pub. L. 10086, set out as a note under section 1441 of this title.
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# 12 U.S.C. § 1467b - Intermediate holding companies
## Text
(a) Definition For purposes of this section:
(1) Financial activities The term “financial activities” means activities described in clauses (i) and (ii) of section 1467a(c)(9)(A) of this title.
(2) Grandfathered unitary savings and loan holding company The term “grandfathered unitary savings and loan holding company” means a company described in section 1467a(c)(9)(C) of this title.
(3) Internal financial activities The term “internal financial activities” includes—
(A) internal financial activities conducted by a grandfathered savings and loan holding company or any affiliate; and
(B) internal treasury, investment, and employee benefit functions.
(b) Requirement (1) In general (A) Activities other than financial activities If a grandfathered unitary savings and loan holding company conducts activities other than financial activities, the Board may require such company to establish and conduct all or a portion of such financial activities in or through an intermediate holding company, which shall be a savings and loan holding company, established pursuant to regulations of the Board, not later than 90 days (or such longer period as the Board may deem appropriate) after the transfer date.11 See References in Text note below.
(B) Other activities Notwithstanding subparagraph (A), the Board shall require a grandfathered unitary savings and loan holding company to establish an intermediate holding company if the Board makes a determination that the establishment of such intermediate holding company is necessary—
(i) to appropriately supervise activities that are determined to be financial activities; or
(ii) to ensure that supervision by the Board does not extend to the activities of such company that are not financial activities.
(2) Internal financial activities (A) Treatment of internal financial activities For purposes of this subsection, the internal financial activities of a grandfathered unitary savings and loan holding company shall not be required to be placed in an intermediate holding company.
(B) Grandfathered activities A grandfathered unitary savings and loan holding company may continue to engage in an internal financial activity, subject to review by the Board to determine whether engaging in such activity presents undue risk to the grandfathered unitary savings and loan holding company or to the financial stability of the United States, if—
(i) the grandfathered unitary savings and loan holding company engaged in the activity during the year before July 21, 2010; and
(ii) at least ⅔ of the assets or ⅔ of the revenues generated from the activity are from or attributable to the grandfathered unitary savings and loan holding company.
(3) Source of strength A grandfathered unitary savings and loan holding company that directly or indirectly controls an intermediate holding company established under this section shall serve as a source of strength to its subsidiary intermediate holding company.
(4) Parent company reports The Board, may from time to time, examine and require reports under oath from a grandfathered unitary savings and loan holding company that controls an intermediate holding company, and from the appropriate officers or directors of such company, solely for purposes of ensuring compliance with the provisions of this section, including assessing the ability of the company to serve as a source of strength to its subsidiary intermediate holding company as required under paragraph (3) and enforcing compliance with such requirement.
(5) Limited parent company enforcement (A) In general In addition to any other authority of the Board, the Board may enforce compliance with the provisions of this subsection that are applicable to any company described in paragraph (1)(A) that controls an intermediate holding company under section 8 of the Federal Deposit Insurance Act [12 U.S.C. 1818], and a company described in paragraph (1)(A) shall be subject to such section (solely for purposes of this subparagraph) in the same manner and to the same extent as if the company described in paragraph (1)(A) were a savings and loan holding company.
(B) Application of other Act Any violation of this subsection by a grandfathered unitary savings and loan holding company that controls an intermediate holding company may also be treated as a violation of the Federal Deposit Insurance Act [12 U.S.C. 1811 et seq.] for purposes of subparagraph (A).
(C) No effect on other authority No provision of this paragraph shall be construed as limiting any authority of the Board or any other Federal agency under any other provision of law.
(c) Regulations The Board—
(1) shall promulgate regulations to establish the criteria for determining whether to require a grandfathered unitary savings and loan holding company to establish an intermediate holding company under subsection (b); and
(2) may promulgate regulations to establish any restrictions or limitations on transactions between an intermediate holding company or a parent of such company and its affiliates, as necessary to prevent unsafe and unsound practices in connection with transactions between the intermediate holding company, or any subsidiary thereof, and its parent company or affiliates that are not subsidiaries of the intermediate holding company, except that such regulations shall not restrict or limit any transaction in connection with the bona fide acquisition or lease by an unaffiliated person of assets, goods, or services.
(d) Rules of construction (1) Activities Nothing in this section shall be construed to require a grandfathered unitary savings and loan holding company to conform its activities to permissible activities.
(2) Permissible corporate reorganization The formation of an intermediate holding company as required in subsection (b) shall be presumed to be a permissible corporate reorganization as described in section 1467a(c)(9)(D) of this title.
(June 13, 1933, ch. 64, § 10A, as added Pub. L. 111203, title VI, § 626, July 21, 2010, 124 Stat. 1638.)
## Notes
Editorial Notes
References in TextThe transfer date, referred to in subsec. (b)(1)(A), probably means the transfer date defined in section 5301 of this title. The Federal Deposit Insurance Act, referred to in subsec. (b)(5)(B), is act Sept. 21, 1950, ch. 967, § 2, 64 Stat. 873, which is classified generally to chapter 16 (§ 1811 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1811 of this title and Tables.
Statutory Notes and Related Subsidiaries
Effective DateSection effective 1 day after July 21, 2010, except as otherwise provided, see section 4 of Pub. L. 111203, set out as a note under section 5301 of this title.
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# 12 U.S.C. § 1468 - Transactions with affiliates; extensions of credit to executive officers, directors, and principal shareholders
## Text
(a) Affiliate transactions (1) In general Sections 23A and 23B of the Federal Reserve Act [12 U.S.C. 371c and 371c1] shall apply to every savings association in the same manner and to the same extent as if the savings association were a member bank (as defined in such Act [12 U.S.C. 221 et seq.]), except that—
(A) no loan or other extension of credit may be made to any affiliate unless that affiliate is engaged only in activities described in section 1467a(c)(2)(F)(i) of this title; and
(B) no savings association may enter into any transaction described in section 23A(b)(7)(B) of the Federal Reserve Act with any affiliate other than with respect to shares of a subsidiary.
(2) Sister bank exemption made available to savings associations (A) Savings associations controlled by bank holding companies Every savings association more than 80 percent of the voting stock of which is owned by a company described in section 1467a(c)(8) of this title shall be treated as a bank for purposes of section 23A(d)(1) and section 23B of the Federal Reserve Act, if every savings association and bank controlled by such company complies with all applicable capital requirements on a fully phased-in basis and without reliance on goodwill.
(B) Savings associations generally Effective on and after January 1, 1995, every savings association shall be treated as a bank for purposes of section 23A(d)(1) and section 23B of the Federal Reserve Act.
(3) Affiliates described Any company that would be an affiliate (as defined in sections 23A and 23B of the Federal Reserve Act) of any savings association if such savings association were a member bank (as such term is defined in such Act) shall be deemed to be an affiliate of such savings association for purposes of paragraph (1).
(4) Additional restrictions authorized The appropriate Federal banking agency may impose such additional restrictions on any transaction between any savings association and any affiliate of such savings association as the appropriate Federal banking agency determines to be necessary to protect the safety and soundness of the savings association.
(b) Extensions of credit to executive officers, directors, and principal shareholders (1) In general Subsections (g) and (h) of section 22 of the Federal Reserve Act [12 U.S.C. 375a, 375b] shall apply to every savings association in the same manner and to the same extent as if the savings association were a member bank (as defined in such Act).
(2) Additional restrictions authorized The appropriate Federal banking agency may impose such additional restrictions on loans or extensions of credit to any appropriate Federal banking agency or executive officer of any savings association, or any person who directly or indirectly owns, controls, or has the power to vote more than 10 percent of any class of voting securities of a savings association, as the appropriate Federal banking agency determines to be necessary to protect the safety and soundness of the savings association.
(c) Administrative enforcement The appropriate Federal banking agency may take enforcement action with respect to violations of this section pursuant to section 8 or 18(j) of the Federal Deposit Insurance Act [12 U.S.C. 1818 or 1828(j)], as appropriate.
(d) Exemptions (1) Federal savings associations The Comptroller of the Currency may, by order, exempt a transaction of a Federal savings association from the requirements of this section if—
(A) the Board and the Office of the Comptroller of the Currency jointly find the exemption to be in the public interest and consistent with the purposes of this section and notify the Federal Deposit Insurance Corporation of such finding; and
(B) before the end of the 60-day period beginning on the date on which the Federal Deposit Insurance Corporation receives notice of the finding under subparagraph (A), the Federal Deposit Insurance Corporation does not object, in writing, to the finding, based on a determination that the exemption presents an unacceptable risk to the Deposit Insurance Fund.
(2) State savings association The Federal Deposit Insurance Corporation may, by order, exempt a transaction of a State savings association from the requirements of this section if the Board and the Federal Deposit Insurance Corporation jointly find that—
(A) the exemption is in the public interest and consistent with the purposes of this section; and
(B) the exemption does not present an unacceptable risk to the Deposit Insurance Fund.
(June 13, 1933, ch. 64, § 11, formerly § 9, 48 Stat. 135; Apr. 27, 1934, ch. 168, § 15, 48 Stat. 647; renumbered § 11, Pub. L. 10086, title IV, § 402(a), Aug. 10, 1987, 101 Stat. 605; Pub. L. 10173, title III, § 301, Aug. 9, 1989, 103 Stat. 342; Pub. L. 102242, title III, § 306(i), Dec. 19, 1991, 105 Stat. 2359; Pub. L. 103325, title III, § 316, Sept. 23, 1994, 108 Stat. 2223; Pub. L. 111203, title III, § 369(9), title VI, § 608(c), July 21, 2010, 124 Stat. 1565, 1610.)
## Notes
Editorial Notes
References in TextThe Federal Reserve Act, referred to in subsecs. (a)(1), (3) and (b)(1), is act Dec. 23, 1913, ch. 6, 38 Stat. 251, which is classified principally to chapter 3 (§ 221 et seq.) of this title. For complete classification of this Act to the Code, see References in Text note set out under section 226 of this title and Tables.
Amendments2010—Pub. L. 111203, § 369(9), substituted “appropriate Federal banking agency” for “Director” wherever appearing. Subsec. (d). Pub. L. 111203, § 608(c), added subsec. (d). 1994—Subsec. (a)(2)(C). Pub. L. 103325, § 316(b), struck out heading and text of subpar. (C) which read as follows: “(C) Transition rule for well capitalized savings associations.— “(i) In general.—A savings association that is well capitalized (as defined in section 1831o of this title), as determined without including goodwill in calculating core capital, shall be treated as a bank for purposes of section 371c(d)(1) of this title and section 371c1 of this title. “(ii) Liability of commonly controlled depository institutions.—Any savings association that engages under clause (i) in a transaction that would not otherwise be permissible under this subsection, and any affiliated insured bank that is commonly controlled (as defined in section 1815(e)(9) of this title), shall be subject to subsection (e) of section 1815 of this title as if paragraph (6) of that subsection did not apply.” Pub. L. 103325, § 316(a), added subpar. (C). 1991—Subsec. (b)(1). Pub. L. 102242 substituted “Subsections (g) and (h) of section 22” for “Section 22(h)”. 1989—Pub. L. 10173 amended section generally, substituting subsecs. (a) to (c) relating to affiliate transactions, extensions of credit, and administrative enforcement, for former undesignated paragraph relating to separability of provisions. 1934—Act Apr. 27, 1934, reenacted section without change.
Statutory Notes and Related Subsidiaries
Effective Date of 2010 AmendmentAmendment by section 369(9) of Pub. L. 111203 effective on the transfer date, see section 351 of Pub. L. 111203, set out as a note under section 906 of Title 2, The Congress. Amendment by section 608(c) of Pub. L. 111203 effective 1 year after the transfer date, see section 608(d) of Pub. L. 111203, set out as a note under section 371c of this title.
Effective Date of 1994 AmendmentPub. L. 103325, title III, § 316(b), Sept. 23, 1994, 108 Stat. 2223, provided that amendment made by that section is effective Jan. 1, 1995.
Effective Date of 1991 AmendmentAmendment by Pub. L. 102242 effective upon the earlier of the date on which final regulations under section 306(m)(1) of Pub. L. 102242 become effective or 150 days after Dec. 19, 1991, see section 306(l) of Pub. L. 102242, set out as a note under section 375b of this title.
Transitional Rule for Certain Transactions With AffiliatesPub. L. 10173, title III, § 304, Aug. 9, 1989, 103 Stat. 351, provided that: “(a) Consistency of Certain Regulations With Section 23A of the Federal Reserve Act [12 U.S.C. 371c].—Not later than 6 months after the date of enactment of this Act [Aug. 9, 1989], the Director of the Office of Thrift Supervision shall revise the Directors conflicts regulations so as not to prohibit a thrift institution from purchasing mortgages from a mortgage-banking affiliate to the same extent as a member bank may do so under section 250.250 of title 12, Code of Federal Regulations. “(b) Transitional Period.—Notwithstanding section 11(a) of the Home Owners Loan Act [12 U.S.C. 1468(a)] (as added by section 301 of this Act), a thrift institution that, before May 1, 1989, had received approval from the Federal Savings and Loan Insurance Corporation pursuant to section 408(d)(6) of the National Housing Act [former 12 U.S.C. 1730a(d)(6)] as then in effect to purchase mortgages from a mortgage-banking affiliate may, during the 6-month period following the date on which final regulations are prescribed pursuant to subsection (a), continue to engage in transactions for which it had received such approval. Any savings association that engages in such transactions pursuant to this subsection shall comply with the standards that were applicable under section 408(d)(6) as in effect on May 1, 1989. “(c) Authority To Extend Regulatory Approvals That Would Otherwise Lapse During the Transitional Period.—The Director of the Office of Thrift Supervision may extend until the expiration of the 6-month period described in subsection (b) any approval granted by the Federal Savings and Loan Insurance Corporation that expires or would expire before the expiration of that 6-month period. In determining whether to grant such exemptions, the Director shall apply the standards that were applicable under section 408(d)(6) of the National Housing Act [former 12 U.S.C. 1730a(d)(6)] as in effect on May 1, 1989.”
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# 12 U.S.C. § 1468a - Advertising
## Text
No savings association shall carry on any sale, plan, or practices, or any advertising, in violation of regulations promulgated by a Federal banking agency.
(June 13, 1933, ch. 64, § 12, as added Pub. L. 10173, title III, § 301, Aug. 9, 1989, 103 Stat. 343; amended Pub. L. 111203, title III, § 369(10), July 21, 2010, 124 Stat. 1565.)
## Notes
Editorial Notes
Amendments2010—Pub. L. 111203 substituted “a Federal banking agency” for “the Director”.
Statutory Notes and Related Subsidiaries
Effective Date of 2010 AmendmentAmendment by Pub. L. 111203 effective on the transfer date, see section 351 of Pub. L. 111203, set out as a note under section 906 of Title 2, The Congress.
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# 12 U.S.C. § 1468b - Powers of examiners
## Text
For the purposes of this chapter, examiners appointed by the a 11 So in original. Federal banking agency shall—
(1) be subject to the same requirements, responsibilities, and penalties as are applicable to examiners under the Federal Reserve Act [12 U.S.C. 221 et seq.] and title LXII of the Revised Statutes; and
(2) have, in the exercise of functions under this chapter, the same powers and privileges as are vested in such examiners by law.
(June 13, 1933, ch. 64, § 13, as added Pub. L. 10173, title III, § 301, Aug. 9, 1989, 103 Stat. 343; amended Pub. L. 111203, title III, § 369(11), July 21, 2010, 124 Stat. 1565.)
## Notes
Editorial Notes
References in TextThe Federal Reserve Act, referred to in par. (1), is act Dec. 23, 1913, ch. 6, 38 Stat. 251, which is classified principally to chapter 3 (§ 221 et seq.) of this title. For complete classification of this Act to the Code, see References in Text note set out under section 226 of this title and Tables. Title LXII of the Revised Statutes, referred to in par. (1), consists of R.S. §§ 5133 to 5244, which are classified to sections 16, 21, 22 to 24a, 25a, 25b, 26, 27, 29, 35 to 37, 39, 43, 52, 53, 55 to 57, 59 to 62, 66, 71, 72 to 76, 81, 83 to 86, 90, 91, 93, 93a, 94, 141 to 144, 161, 164, 181, 182, 192 to 194, 196, 215c, 481 to 485, 501, 541, 548, and 582 of this title. See, also, sections 8, 333, 334, 475, 656, 709, 1004, and 1005 of Title 18, Crimes and Criminal Procedure. For complete classification of R.S. §§ 5133 to 5244 to the Code, see Tables.
Amendments2010—Pub. L. 111203 substituted “a Federal banking agency” for “Director” in introductory provisions.
Statutory Notes and Related Subsidiaries
Effective Date of 2010 AmendmentAmendment by Pub. L. 111203 effective on the transfer date, see section 351 of Pub. L. 111203, set out as a note under section 906 of Title 2, The Congress.
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# 12 U.S.C. § 1468c - Separability
## Text
If any provision of this chapter, or the application thereof to any person or circumstances, is held invalid, the remainder of the chapter, and the application of such provision to other persons or circumstances, shall not be affected thereby.
(June 13, 1933, ch. 64, § 14, as added Pub. L. 10173, title III, § 301, Aug. 9, 1989, 103 Stat. 343.)
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# 12 U.S.C. § 1469 - Authority to invest in State housing corporations
## Text
The Congress finds that Federal savings and loan associations and national banks should have the authority to assist in financing the organization and operation of any State housing corporation established under the laws of the State in which the corporation will carry on its operation. It is the purpose of this section to provide a means whereby private financial institutions can assist in providing housing, particularly for families of low- or moderate-income, by purchasing stock of and investing in loans to any such State housing corporation situated in the particular State in which the Federal savings and loan association or national bank involved is located.
(Pub. L. 93100, § 5(a), Aug. 16, 1973, 87 Stat. 343.)
## Notes
Editorial Notes
References in TextThis section, referred to in text, means section 5 of Pub. L. 93100, which enacted this section and section 1470 of this title and amended sections 24 and 1464 of this title.
Codification Section was not enacted as part of the Home Owners Loan Act of 1933 which comprises this chapter.
Statutory Notes and Related Subsidiaries
Effective DatePub. L. 93100, § 8, Aug. 16, 1973, 87 Stat. 348, provided that: “The provisions of this Act [enacting this section and sections 1470 and 1832 of this title, amending sections 24, 461 note, 1464, 1725, 1727 and 1828 of this title, and enacting provisions set out as notes under section 548 of this title] shall take effect on the thirtieth day after the date of its enactment [Aug. 16, 1973], except that the amendments made by sections 1 and 5 [enacting this section and section 1470 of this title and amending sections 24, 461 note, and 1464 of this title] shall take effect on the date of enactment of this Act [Aug. 16, 1973].”
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# 12 U.S.C. § 1470 - Federal supervision of insured institutions, State member and nonmember banks; access to information; definitions
## Text
(a) (1) The appropriate Federal banking agency, with respect to the institutions subject to the jurisdiction of each such agency, shall by appropriate rule, regulation, order, or otherwise regulate investment in State housing corporations.
(2) A State housing corporation in which financial institutions invest under the authority of this section shall make available to the appropriate Federal banking agency referred to in paragraph (1) such information as may be necessary to insure that investments are properly made in accordance with this section.
(b) For the purposes of this section and any Act amended by this section—
(1) The term “insured institution” has the same meaning as in section 401(a) of the National Housing Act [12 U.S.C. 1724(a)].11 See References in Text note below.
(2) The terms “State member insured banks” and “State nonmember insured banks” have the same meaning as when used in the Federal Deposit Insurance Act [12 U.S.C. 1811 et seq.].
(3) The term “State housing corporation” means a corporation established by a State for the limited purpose of providing housing and incidental services, particularly for families of low or moderate income.
(4) The term “State” means any State, the District of Columbia, Guam, the Commonwealth of Puerto Rico, and the Virgin Islands.
(Pub. L. 93100, § 5(d), (e), Aug. 16, 1973, 87 Stat. 344; Pub. L. 111203, title III, § 375, July 21, 2010, 124 Stat. 1566.)
## Notes
Editorial Notes
References in TextThis section, referred to in subsec. (a)(2), refers to section 5 of Pub. L. 93100, which enacted this section and section 1469 of this title and amended sections 24 and 1464 of this title. This section and any Act amended by this section, referred to in subsec. (b), are this section and sections 24 par. Seventh, 1464(c), and 1469 of this title. Section 401(a) of the National Housing Act, referred to in subsec. (b)(1), which was classified to section 1724 of this title, was repealed by Pub. L. 10173, title IV, § 407, Aug. 9, 1989, 103 Stat. 363. The Federal Deposit Insurance Act, referred to in subsec. (b)(2), is act Sept. 21, 1950, ch. 967, § 2, 64 Stat. 873, which is classified generally to chapter 16 (§ 1811 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1811 of this title and Tables.
Codification Section was not enacted as part of the Home Owners Loan Act of 1933, which comprises this chapter. Subsecs. (d) and (e) of section 5 of Pub. L. 93100 have been designated subsecs. (a) and (b) for purposes of codification.
Amendments2010—Subsec. (a)(1). Pub. L. 111203, § 375(1), substituted “appropriate Federal banking agency, with respect to the institutions subject to the jurisdiction of each such agency,” for “Federal Savings and Loan Insurance Corporation with respect to insured institutions, the Board of Governors of the Federal Reserve System with respect to State member insured banks, and the Federal Deposit Insurance Corporation with respect to State nonmember insured banks”. Subsec. (a)(2). Pub. L. 111203, § 375(2), substituted “banking” for “supervisory”.
Statutory Notes and Related Subsidiaries
Effective Date of 2010 AmendmentAmendment by Pub. L. 111203 effective on the transfer date, see section 351 of Pub. L. 111203, set out as a note under section 906 of Title 2, The Congress.
Effective DateSection effective Aug. 16, 1973, see section 8 of Pub. L. 93100, set out as a note under section 1469 of this title.