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title_number: 12
title_name: "BANKS AND BANKING"
chapter_number: "16"
chapter_name: "FEDERAL DEPOSIT INSURANCE CORPORATION"
section: "1812"
citation: "12 U.S.C. § 1812"
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# 12 U.S.C. § 1812 - Management
## Text
(a) Board of Directors (1) In general The management of the Corporation shall be vested in a Board of Directors consisting of 5 members—
(A) 1 of whom shall be the Comptroller of the Currency;
(B) 1 of whom shall be the Director of the Consumer Financial Protection Bureau; and
(C) 3 of whom shall be appointed by the President, by and with the advice and consent of the Senate, from among individuals who are citizens of the United States, 1 of whom shall have State bank supervisory experience.
(2) Political affiliation After February 28, 1993, not more than 3 of the members of the Board of Directors may be members of the same political party.
(b) Chairperson and Vice Chairperson (1) Chairperson 1 of the appointed members shall be designated by the President, by and with the advice and consent of the Senate, to serve as Chairperson of the Board of Directors for a term of 5 years.
(2) Vice Chairperson 1 of the appointed members shall be designated by the President, by and with the advice and consent of the Senate, to serve as Vice Chairperson of the Board of Directors.
(3) Acting Chairperson In the event of a vacancy in the position of Chairperson of the Board of Directors or during the absence or disability of the Chairperson, the Vice Chairperson shall act as Chairperson.
(c) Terms (1) Appointed members Each appointed member shall be appointed for a term of 6 years.
(2) Interim appointments Any member appointed to fill a vacancy occurring before the expiration of the term for which such members predecessor was appointed shall be appointed only for the remainder of such term.
(3) Continuation of service The Chairperson, Vice Chairperson, and each appointed member may continue to serve after the expiration of the term of office to which such member was appointed until a successor has been appointed and qualified.
(d) Vacancy (1) In general Any vacancy on the Board of Directors shall be filled in the manner in which the original appointment was made.
(2) Acting officials may serve In the event of a vacancy in the office of the Comptroller of the Currency or the office of Director of the Consumer Financial Protection Bureau and pending the appointment of a successor, or during the absence or disability of the Comptroller of the Currency or the Director of the Consumer Financial Protection Bureau, the acting Comptroller of the Currency or the acting Director of the Consumer Financial Protection Bureau, as the case may be, shall be a member of the Board of Directors in the place of the Comptroller or Director.
(e) Ineligibility for other offices (1) Postservice restriction (A) In general No member of the Board of Directors may hold any office, position, or employment in any insured depository institution or any depository institution holding company during—
(i) the time such member is in office; and
(ii) the 2-year period beginning on the date such member ceases to serve on the Board of Directors.
(B) Exception for members who serve full term The limitation contained in subparagraph (A)(ii) shall not apply to any member who has ceased to serve on the Board of Directors after serving the full term for which such member was appointed.
(2) Restriction during service No member of the Board of Directors may—
(A) be an officer or director of any insured depository institution, depository institution holding company, Federal Reserve bank, or Federal home loan bank; or
(B) hold stock in any insured depository institution or depository institution holding company.
(3) Certification Upon taking office, each member of the Board of Directors shall certify under oath that such member has complied with this subsection and such certification shall be filed with the secretary of the Board of Directors.
(f) Status of employees (1) In general A director, member, officer, or employee of the Corporation has no liability under the Securities Act of 1933 [15 U.S.C. 77a et seq.] with respect to any claim arising out of or resulting from any act or omission by such person within the scope of such persons employment in connection with any transaction involving the disposition of assets (or any interests in any assets or any obligations backed by any assets) by the Corporation. This subsection shall not be construed to limit personal liability for criminal acts or omissions, willful or malicious misconduct, acts or omissions for private gain, or any other acts or omissions outside the scope of such persons employment.
(2) “Employee of the Corporation” defined For purposes of this subsection, the term “employee of the Corporation” includes any employee of the Office of the Comptroller of the Currency or of the Consumer Financial Protection Bureau who serves as a deputy or assistant to a member of the Board of Directors of the Corporation in connection with activities of the Corporation.
(3) Effect on other law This subsection does not affect—
(A) any other immunities and protections that may be available to such person under applicable law with respect to such transactions, or
(B) any other right or remedy against the Corporation, against the United States under applicable law, or against any person other than a person described in paragraph (1) participating in such transactions.
This subsection shall not be construed to limit or alter in any way the immunities that are available under applicable law for Federal officials and employees not described in this subsection.
(Sept. 21, 1950, ch. 967, § 2[2], 64 Stat. 873; Pub. L. 86230, § 19, Sept. 8, 1959, 73 Stat. 460; Pub. L. 98181, title I [title VII, § 702(a)], Nov. 30, 1983, 97 Stat. 1267; Pub. L. 10173, title II, § 203(a), Aug. 9, 1989, 103 Stat. 188; Pub. L. 10218, title I, § 103(b), Mar. 23, 1991, 105 Stat. 60; Pub. L. 104208, div. A, title II, § 2243, Sept. 30, 1996, 110 Stat. 3009419; Pub. L. 111203, title III, § 336(a), July 21, 2010, 124 Stat. 1540.)
## Notes
Editorial Notes
References in TextThe Securities Act of 1933, referred to in subsec. (f)(1), is act May 27, 1933, ch. 38, title I, 48 Stat. 74, which is classified generally to subchapter I (§ 77a et seq.) of chapter 2A of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see section 77a of Title 15 and Tables.
Prior ProvisionsSection is derived from subsec. (b) of former section 264 of this title. See Codification note set out under section 1811 of this title.
Amendments2010—Subsec. (a)(1)(B). Pub. L. 111203, § 336(a)(1), substituted “Director of the Consumer Financial Protection Bureau” for “Director of the Office of Thrift Supervision”. Subsec. (d)(2). Pub. L. 111203, § 336(a)(2), amended par. (2) generally. Prior to amendment, text read as follows: “In the event of a vacancy in the office of the Comptroller of the Currency or the office of Director of the Office of Thrift Supervision and pending the appointment of a successor, or during the absence or disability of the Comptroller or such Director, the acting Comptroller of the Currency or the acting Director of the Office of Thrift Supervision, as the case may be, shall be a member of the Board of Directors in the place of the Comptroller or Director.” Subsec. (f)(2). Pub. L. 111203, § 336(a)(3), substituted “Consumer Financial Protection Bureau” for “Office of Thrift Supervision”. 1996—Subsec. (a)(1)(C). Pub. L. 104208 inserted “, 1 of whom shall have State bank supervisory experience” before period at end. 1991—Subsec. (f). Pub. L. 10218 added subsec. (f). 1989—Pub. L. 10173 amended section generally, designating existing provisions as subsecs. (a) to (e), and making other changes relating to the make-up and operation of the Board. 1983—Pub. L. 98181 inserted provision that each such appointive member may continue to serve after the expiration of his term until a successor has been appointed and qualified. 1959—Pub. L. 86230 provided for membership of Acting Comptroller of the Currency on Board of Directors during absence or disability of Comptroller instead of only during his absence from Washington.
Statutory Notes and Related Subsidiaries
Effective Date of 2010 AmendmentPub. L. 111203, title III, § 336(b), July 21, 2010, 124 Stat. 1540, provided that: “This section [amending this section], and the amendments made by this section, shall take effect on the transfer date.” [For definition of “transfer date” as used in section 336(b) of Pub. L. 111203, set out above, see section 5301 of this title.]
Transition ProvisionPub. L. 10173, title II, § 203(b), Aug. 9, 1989, 103 Stat. 189, which permitted the Chairman of the Board of Directors of the Federal Deposit Insurance Corporation on Aug. 9, 1989, to continue to serve as the Chairperson until the end of the term to which such Chairman was appointed (notwithstanding any provision of this section), provided that the appointed member of the Board on Aug. 9, 1989, who is not the Chairman continue to serve in office until the earlier of the end of the term to which such member was appointed or Feb. 28, 1993, with certain exceptions, and provided that the term of any member appointed to the Board before Feb. 28, 1993 (including the term of any Chairperson), end on such date, was repealed by Pub. L. 111203, title III, § 367(1), July 21, 2010, 124 Stat. 1556.
Compensation of Board of DirectorsCompensation of Chairman and members of the Board, see sections 5314 and 5315 of Title 5, Government Organization and Employees.
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# 12 U.S.C. § 1814 - Insured depository institutions
## Text
(a) Continuation of insurance (1) Banks Each bank, which is an insured depository institution on September 21, 1950, shall be and continue to be, without application or approval, an insured depository institution and shall be subject to the provisions of this chapter.
(2) Savings associations Each savings association the accounts of which were insured by the Federal Savings and Loan Insurance Corporation on the day before August 9, 1989, shall be, without application or approval, an insured depository institution.
(b) Continuation of insurance upon becoming a member bank In the case of an insured bank which is admitted to membership in the Federal Reserve System or an insured State bank which is converted into a national member bank, the bank shall continue as an insured bank.
(c) Continuation of insurance after conversion Subject to section 1815(d) of this title and section 1464(i)(5) of this title—
(1) any State depository institution which results from the conversion of any insured Federal depository institution; and
(2) any Federal depository institution which results from the conversion of any insured State or Federal depository institution,
shall continue as an insured depository institution.
(d) Continuation of insurance after merger or consolidation Any State depository institution or any Federal depository institution which results from the merger or consolidation of insured depository institutions, or from the merger or consolidation of a noninsured depository institution with an insured depository institution, shall continue as an insured depository institution.
(Sept. 21, 1950, ch. 967, § 2[4], 64 Stat. 875; Pub. L. 97320, title I, § 113(c), Oct. 15, 1982, 96 Stat. 1473; Pub. L. 10173, title II, §§ 201(a), 205, Aug. 9, 1989, 103 Stat. 187, 194; Pub. L. 102242, title I, § 115(b), Dec. 19, 1991, 105 Stat. 2249; Pub. L. 102550, title XVI, § 1603(b)(6), Oct. 28, 1992, 106 Stat. 4079; Pub. L. 109351, title VI, § 608(b), Oct. 13, 2006, 120 Stat. 1983.)
## Notes
Editorial Notes
Prior ProvisionsSection is derived from subsec. (e) of former section 264 of this title. See Codification note set out under section 1811 of this title.
Amendments2006—Subsec. (c). Pub. L. 109351, § 608(b)(1), inserted “and section 1464(i)(5) of this title” after “section 1815(d) of this title” in introductory provisions. Subsec. (c)(2). Pub. L. 109351, § 608(b)(2), which directed insertion of “or Federal” after “insured State,”, was executed by making the insertion after “insured State”, to reflect the probable intent of Congress. 1992—Subsec. (b). Pub. L. 102550 amended directory language of Pub. L. 102242, § 115(b). See 1991 Amendment note below. 1991—Subsec. (b). Pub. L. 102242, § 115(b), as amended by Pub. L. 102550, § 1603(b)(6), amended subsec. (b) generally, substituting present provisions for provisions which related to certification by other banking agencies. 1989—Pub. L. 10173, § 201(a), substituted references to insured depository institutions for references to insured banks wherever appearing. Subsec. (a). Pub. L. 10173, § 205(1), inserted heading, designated existing provisions as par. (1), inserted par. (1) heading, and substituted “Each bank” for “Every bank”, and added par. (2). Subsec. (b). Pub. L. 10173, § 205(2)(A), (B), inserted after first sentence “Any application or notice for membership or to commence or resume business shall be promptly provided by the appropriate Federal banking agency to the Corporation and the Corporation shall have a reasonable period of time to provide comments on such application or notice. Any comments submitted by the Corporation to the appropriate Federal banking agency shall be considered by such agency.” and struck out at end “A State bank, resulting from the conversion of an insured national bank, shall continue as an insured bank. A State bank, resulting from the merger or consolidation of insured banks, or from the merger or consolidation of a noninsured bank or institution with an insured State bank, shall continue as an insured bank.” Pub. L. 10173, § 205(2)(C), which directed the amendment of subsec. (b) by substituting “(b) Certification by Other Banking Agencies.—Every national bank” for “(b) Every national bank” could not be executed literally because the original read “(b) Every national member bank”, but was executed by inserting the heading without changing the text to reflect the probable intent of Congress. Subsec. (c). Pub. L. 10173, § 205(3), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “Every Federal savings bank which is chartered pursuant to section 1464(o) of this title, and which is engaged in the business of receiving deposits other than trust funds, shall be an insured bank from the time it is authorized to commence business, until such time as its accounts are insured by the Federal Savings and Loan Insurance Corporation.” Subsec. (d). Pub. L. 10173, § 205(3), added subsec. (d). 1982—Subsec. (c). Pub. L. 97320 added subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 1992 AmendmentAmendment by Pub. L. 102558 deemed to have become effective Mar. 1, 1992, see section 304 of Pub. L. 102558, set out as a note under section 4502 of Title 50, War and National Defense.
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# 12 U.S.C. § 1816 - Factors to be considered
## Text
The factors that are required, under section 1814 of this title, to be considered in connection with, and enumerated in, any certificate issued pursuant to section 1814 of this title and that are required, under section 1815 of this title, to be considered by the Board of Directors in connection with any determination by such Board pursuant to section 1815 of this title are the following:
(1) The financial history and condition of the depository institution.
(2) The adequacy of the depository institutions capital structure.
(3) The future earnings prospects of the depository institution.
(4) The general character and fitness of the management of the depository institution.
(5) The risk presented by such depository institution to the Deposit Insurance Fund.
(6) The convenience and needs of the community to be served by such depository institution.
(7) Whether the depository institutions corporate powers are consistent with the purposes of this chapter.
(Sept. 21, 1950, ch. 967, § 2[6], 64 Stat. 876; Pub. L. 10173, title II, § 207, Aug. 9, 1989, 103 Stat. 206; Pub. L. 104208, div. A, title II, § 2704(d)(14)(F), Sept. 30, 1996, 110 Stat. 3009491; Pub. L. 109171, title II, § 2102(b), Feb. 8, 2006, 120 Stat. 9; Pub. L. 109173, § 8(a)(7), Feb. 15, 2006, 119 Stat. 3611.)
## Notes
Editorial Notes
Prior ProvisionsSection is derived from subsec. (g) of former section 264 of this title. See Codification note set out under section 1811 of this title.
Amendments2006—Par. (5). Pub. L. 109173 substituted “Deposit Insurance Fund” for “Bank Insurance Fund or the Savings Association Insurance Fund”. Pub. L. 109171 repealed Pub. L. 104208, § 2704(d)(14)(F). See 1996 Amendment note below. 1996—Par. (5). Pub. L. 104208, § 2704(d)(14)(F), which directed substitution of “Deposit Insurance Fund” for “Bank Insurance Fund or the Savings Association Insurance Fund”, was repealed by Pub. L. 109171. See Effective Date of 1996 Amendment note below and 2006 Amendment note above. 1989—Pub. L. 10173 amended section generally. Prior to amendment, section read as follows: “The factors to be enumerated in the certificate required under section 1814 of this title and to be considered by the Board of Directors under section 1815 of this title shall be the following: The financial history and condition of the bank, the adequacy of its capital structure, its future earnings prospects, the general character of its management, the convenience and needs of the community to be served by the bank, and whether or not its corporate powers are consistent with the purposes of this chapter.”
Statutory Notes and Related Subsidiaries
Effective Date of 2006 AmendmentAmendment by Pub. L. 109173 effective Mar. 31, 2006, see section 8(b) of Pub. L. 109173, set out as a note under section 1813 of this title. Amendment by Pub. L. 109171 effective no later than the first day of the first calendar quarter that begins after the end of the 90-day period beginning Feb. 8, 2006, see section 2102(c) of Pub. L. 109171, set out as a Merger of BIF and SAIF note under section 1821 of this title.
Effective Date of 1996 AmendmentAmendment by Pub. L. 104208 effective Jan. 1, 1999, if no insured depository institution is a savings association on that date, see section 2704(c) of Pub. L. 104208, formerly set out as a note under section 1821 of this title.
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# 12 U.S.C. § 1819 - Corporate powers
## Text
(a) In general Upon June 16, 1933, the Corporation shall become a body corporate and as such shall have power— First. To adopt and use a corporate seal. Second. To have succession until dissolved by an Act of Congress. Third. To make contracts. Fourth. To sue and be sued, and complain and defend, by and through its own attorneys, in any court of law or equity, State or Federal. Fifth. To appoint by its Board of Directors such officers and employees as are not otherwise provided for in this chapter, to define their duties, fix their compensation, require bonds of them and fix the penalty thereof, and to dismiss at pleasure such officers or employees. Nothing in this chapter or any other Act shall be construed to prevent the appointment and compensation as an officer or employee of the Corporation of any officer or employee of the United States in any board, commission, independent establishment, or executive department thereof. Sixth. To prescribe, by its Board of Directors, bylaws not inconsistent with law, regulating the manner in which its general business may be conducted, and the privileges granted to it by law may be exercised and enjoyed. Seventh. To exercise by its Board of Directors, or duly authorized officers or agents, all powers specifically granted by the provisions of this chapter, and such incidental powers as shall be necessary to carry out the powers so granted. Eighth. To make examinations of and to require information and reports from depository institutions, as provided in this chapter. Ninth. To act as receiver. Tenth. To prescribe by its Board of Directors such rules and regulations as it may deem necessary to carry out the provisions of this chapter or of any other law which it has the responsibility of administering or enforcing (except to the extent that authority to issue such rules and regulations has been expressly and exclusively granted to any other regulatory agency).
(b) Agency authority (1) Status The Corporation, in any capacity, shall be an agency of the United States for purposes of section 1345 of title 28 without regard to whether the Corporation commenced the action.
(2) Federal court jurisdiction (A) In general Except as provided in subparagraph (D), all suits of a civil nature at common law or in equity to which the Corporation, in any capacity, is a party shall be deemed to arise under the laws of the United States.
(B) Removal Except as provided in subparagraph (D), the Corporation may, without bond or security, remove any action, suit, or proceeding from a State court to the appropriate United States district court before the end of the 90-day period beginning on the date the action, suit, or proceeding is filed against the Corporation or the Corporation is substituted as a party.
(C) Appeal of remand The Corporation may appeal any order of remand entered by any United States district court.
(D) State actions Except as provided in subparagraph (E), any action—
(i) to which the Corporation, in the Corporations capacity as receiver of a State insured depository institution by the exclusive appointment by State authorities, is a party other than as a plaintiff;
(ii) which involves only the preclosing rights against the State insured depository institution, or obligations owing to, depositors, creditors, or stockholders by the State insured depository institution; and
(iii) in which only the interpretation of the law of such State is necessary,
shall not be deemed to arise under the laws of the United States.
(E) Rule of construction Subparagraph (D) shall not be construed as limiting the right of the Corporation to invoke the jurisdiction of any United States district court in any action described in such subparagraph if the institution of which the Corporation has been appointed receiver could have invoked the jurisdiction of such court.
(3) Service of process The Board of Directors shall designate agents upon whom service of process may be made in any State, territory, or jurisdiction in which any insured depository institution is located.
(4) Bonds or fees The Corporation shall not be required to post any bond to pursue any appeal and shall not be subject to payments of any filing fees in United States district courts or courts of appeal.
(Sept. 21, 1950, ch. 967, § 2[9], 64 Stat. 881; Pub. L. 89695, title II, § 205, Oct. 16, 1966, 80 Stat. 1055; Pub. L. 95630, title III, § 309, Nov. 10, 1978, 92 Stat. 3677; Pub. L. 10173, title II, § 209, Aug. 9, 1989, 103 Stat. 216; Pub. L. 102242, title I, § 161(d), Dec. 19, 1991, 105 Stat. 2286; Pub. L. 103325, title III, § 331(e), Sept. 23, 1994, 108 Stat. 2232.)
## Notes
Editorial Notes
Prior ProvisionsSection is derived from subsec. (j) of former section 264 of this title. See Codification note set out under section 1811 of this title.
Amendments1994—Subsec. (a). Pub. L. 103325 in par. Fourth inserted “by and through its own attorneys,” after “complain and defend,”. 1991—Subsec. (b)(2)(B). Pub. L. 102242 inserted before period at end “before the end of the 90-day period beginning on the date the action, suit, or proceeding is filed against the Corporation or the Corporation is substituted as a party”. 1989—Subsec. (a). Pub. L. 10173, § 209(2), designated existing provisions as subsec. (a) and inserted heading. Pub. L. 10173, § 209(3), amended par. Fourth generally. Prior to amendment, par. Fourth read as follows: “Fourth. To sue and be sued, complain and defend, in any court of law or equity, State or Federal. All suits of a civil nature at common law or in equity to which the Corporation shall be a party shall be deemed to arise under the laws of the United States, and the United States district courts shall have original jurisdiction thereof, without regard to the amount in controversy; and the Corporation may, without bond or security, remove any such action, suit, or proceeding from a State court to the United States district court for the district or division embracing the place where the same is pending by following any procedure for removal now or hereafter in effect, except that any such suit to which the Corporation is a party in its capacity as receiver of a State bank and which involves only the rights or obligations of depositors, creditors, stockholders, and such State bank under State law shall not be deemed to arise under the laws of the United States. No attachment or execution shall be issued against the Corporation or its property before final judgment in any suit, action, or proceeding in any State, county, municipal, or United States court. The Board of Directors shall designate an agent upon whom service of process may be made in any State, Territory, or jurisdiction in which any insured bank is located.” Pub. L. 10173, § 209(1), in par. Eighth, substituted reference to depository institutions for reference to banks. Subsec. (b). Pub. L. 10173, § 209(4), added subsec. (b). 1978—Pub. L. 95630 in par. Tenth inserted “or of any other law which it has the responsibility of administering or enforcing (except to the extent that authority to issue such rules and regulations has been expressly and exclusively granted to any other regulatory agency)” after “provisions of this chapter”. 1966—Pub. L. 89695 in par. Fourth vested United States district courts, without regard to the amount in controversy, with original jurisdiction over any action to which the Corporation is a party and authorized the removal of such actions to the Federal courts.
Statutory Notes and Related Subsidiaries
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.
Expiration of 1966 AmendmentPub. L. 91609, title IX, § 908, Dec. 31, 1970, 84 Stat. 1811, repealed Pub. L. 89695, title IV, § 401, Oct. 19, 1966, 80 Stat. 1056, which provided that: “The provisions of titles I and II of this Act [amending sections 1464, 1730, 1813, 1817 to 1820 and repealing section 77 of this title and enacting provisions set out as notes under sections 1464, 1730, and 1813 of this title] and any provisions of law enacted by said titles shall be effective only during the period ending at the close of June 30, 1972. Effective upon the expiration of such period, each provision of law amended by either of such titles is further amended to read as it did immediately prior to the enactment of this Act [Oct. 16, 1966] and each provision of law repealed by either of such titles is reenacted.”
Conditions Governing Employment of Personnel Not Repealed, Modified, or AffectedNothing contained in section 205 of Pub. L. 89695 amending subsec. Fourth of this section to be construed as repealing, modifying, or affecting section 1829 of this title, see section 206 of Pub. L. 89695, set out as a note under section 1813 of this title.
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# 12 U.S.C. § 1820a - Examination of investment companies
## Text
(a) Exclusive Commission authority Except as provided in subsection (c), a Federal banking agency may not inspect or examine any registered investment company that is not a bank holding company or a savings and loan holding company.
(b) Examination results and other information The Commission shall provide to any Federal banking agency, upon request, the results of any examination, reports, records, or other information with respect to any registered investment company to the extent necessary for the agency to carry out its statutory responsibilities.
(c) Certain examinations authorized Nothing in this section shall prevent the Corporation, if the Corporation finds it necessary to determine the condition of an insured depository institution for insurance purposes, from examining an affiliate of any insured depository institution, pursuant to its authority under section 1820(b)(4) of this title, as may be necessary to disclose fully the relationship between the insured depository institution and the affiliate, and the effect of such relationship on the insured depository institution.
(d) Definitions For purposes of this section, the following definitions shall apply:
(1) Bank holding company The term “bank holding company” has the meaning given the term in section 1841 of this title.
(2) Commission The term “Commission” means the Securities and Exchange Commission.
(3) Corporation The term “Corporation” means the Federal Deposit Insurance Corporation.
(4) Federal banking agency The term “Federal banking agency” has the meaning given the term in section 1813(z) of this title.
(5) Insured depository institution The term “insured depository institution” has the meaning given the term in section 1813(c) of this title.
(6) Registered investment company The term “registered investment company” means an investment company that is registered with the Commission under the Investment Company Act of 1940 [15 U.S.C. 80a1 et seq.].
(7) Savings and loan holding company The term “savings and loan holding company” has the meaning given the term in section 1467a(a)(1)(D) of this title.
(Pub. L. 106102, title I, § 115, Nov. 12, 1999, 113 Stat. 1371.)
## Notes
Editorial Notes
References in TextThe Investment Company Act of 1940, referred to in subsec. (d)(6), is title I of act Aug. 22, 1940, ch. 686, 54 Stat. 789, which is classified generally to subchapter I (§ 80a1 et seq.) of chapter 2D of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see section 80a51 of Title 15 and Tables.
Codification Section was enacted as part of the Gramm-Leach-Bliley Act, and not as part of the Federal Deposit Insurance Act which comprises this chapter.
Statutory Notes and Related Subsidiaries
Effective DateSection effective 120 days after Nov. 12, 1999, see section 161 of Pub. L. 106102, set out as an Effective Date of 1999 Amendment note under section 24 of this title.
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# 12 U.S.C. § 1821a - FSLIC Resolution Fund
## Text
(a) Established (1) In general There is established a separate fund to be designated as the FSLIC Resolution Fund which shall be managed by the Corporation and separately maintained and not commingled.
(2) Transfer of FSLIC assets and liabilities Except as provided in section 1441a 11 See References in Text note below. of this title, all assets and liabilities of the Federal Savings and Loan Insurance Corporation on the day before August 9, 1989, shall be transferred to the FSLIC Resolution Fund.
(3) Separate holding Assets and liabilities transferred to the FSLIC Resolution Fund shall be the assets and liabilities of the Fund and not of the Corporation and shall not be consolidated with the assets and liabilities of the Deposit Insurance Fund or the Corporation for accounting, reporting, or any other purpose.
(4) Rights, powers, and duties Effective August 10, 1989, the Corporation shall have all rights, powers, and duties to carry out the Corporations duties with respect to the assets and liabilities of the FSLIC Resolution Fund that the Corporation otherwise has under this chapter.
(5) Corporation as conservator or receiver (A) In general Effective August 10, 1989, the Corporation shall succeed the Federal Savings and Loan Insurance Corporation as conservator or receiver with respect to any depository institution—
(i) the accounts of which were insured before August 10, 1989 by the Federal Savings and Loan Insurance Corporation; and
(ii) for which a conservator or receiver was appointed before January 1, 1989.
(B) Rights, powers, and duties When acting as conservator or receiver with respect to any depository institution described in subparagraph (A), the Corporation shall have all rights, powers, and duties that the Corporation otherwise has as conservator or receiver under this chapter.
(b) Source of funds The FSLIC Resolution Fund shall be funded from the following sources to the extent funds are needed in the listed priority:
(1) Income earned on assets of the FSLIC Resolution Fund.
(2) Liquidating dividends and payments made on claims received by the FSLIC Resolution Fund from receiverships to the extent such funds are not required by the Resolution Funding Corporation pursuant to section 1441b of this title or the Financing Corporation pursuant to section 1441 of this title.
(3) Amounts borrowed by the Financing Corporation pursuant to section 1441 of this title.
(c) Treasury backup (1) In general If the funds described in subsections (a) and (b) are insufficient to satisfy the liabilities of the FSLIC Resolution Fund, the Secretary of the Treasury shall pay to the Fund such amounts as may be necessary, as determined by the Corporation and the Secretary, for FSLIC Resolution Fund purposes.
(2) Authorization of appropriations There are authorized to be appropriated to the Secretary of the Treasury, without fiscal year limitation, such sums as may be necessary to carry out this section.
(d) Legal proceedings Any judgment resulting from a proceeding to which the Federal Savings and Loan Insurance Corporation was a party prior to its dissolution or which is initiated against the Corporation with respect to the Federal Savings and Loan Insurance Corporation or with respect to the FSLIC Resolution Fund shall be limited to the assets of the FSLIC Resolution Fund.
(e) Transfer of net proceeds from sale of RTC assets The FSLIC Resolution Fund shall transfer to the Resolution Funding Corporation any net proceeds from the sale of assets acquired from the Resolution Trust Corporation upon the termination of such Corporation pursuant to section 1441a 1 of this title.
(f) Dissolution The FSLIC Resolution Fund shall be dissolved upon satisfaction of all debts and liabilities and sale of all assets. Upon dissolution any remaining funds shall be paid into the Treasury. Any administrative facilities and supplies, including offices and office supplies, shall be transferred to the Corporation for use by and to be held as assets of the Deposit Insurance Fund.
(Sept. 21, 1950, ch. 967, § 2[11A], as added Pub. L. 10173, title II, § 215, Aug. 9, 1989, 103 Stat. 252; amended Pub. L. 102233, title II, § 202(c), (d), Dec. 12, 1991, 105 Stat. 1767; Pub. L. 102242, title I, § 161(b), Dec. 19, 1991, 105 Stat. 2285; Pub. L. 104208, div. A, title II, § 2704(d)(14)(J)(L), Sept. 30, 1996, 110 Stat. 3009492; Pub. L. 109171, title II, § 2102(b), Feb. 8, 2006, 120 Stat. 9; Pub. L. 109173, § 8(a)(15)(17), Feb. 15, 2006, 119 Stat. 3612, 3613.)
## Notes
Editorial Notes
References in TextSection 1441a of this title, referred to in subsecs. (a)(2) and (e), was repealed by Pub. L. 111203, title III, § 364(b), July 21, 2010, 124 Stat. 1555.
Amendments2006—Subsec. (a)(2). Pub. L. 109173, § 8(a)(15)(A), (B), struck out subpar. (A) designation and heading before “Except as” and struck out heading and text of subpar. (B). Text read as follows: “The FSLIC Resolution Fund shall pay to the Savings Association Insurance Fund such amounts as are needed for administrative and supervisory expenses from August 9, 1989, through September 30, 1992.” Pub. L. 109171 repealed Pub. L. 104208, § 2704(d)(14)(J)(i), (ii). See 1996 Amendment note below. Subsec. (a)(3). Pub. L. 109173, § 8(a)(15)(C), substituted “the Deposit Insurance Fund” for “the Bank Insurance Fund, the Savings Association Insurance Fund,”. Pub. L. 109171 repealed Pub. L. 104208, § 2704(d)(14)(J)(iii). See 1996 Amendment note below. Subsec. (b)(4). Pub. L. 109173, § 8(a)(16), struck out par. (4) which read as follows: “During the period beginning on August 9, 1989, and ending on December 31, 1992, amounts assessed against Savings Association Insurance Fund members by the Corporation pursuant to section 1817 of this title which are not required by the Financing Corporation pursuant to section 1441 of this title or by the Resolution Funding Corporation pursuant to section 1441b of this title.” Pub. L. 109171 repealed Pub. L. 104208, § 2704(d)(14)(K). See 1996 Amendment note below. Subsec. (f). Pub. L. 109173, § 8(a)(17), substituted “Deposit Insurance Fund” for “Savings Association Insurance Fund”. Pub. L. 109171 repealed Pub. L. 104208, § 2704(d)(14)(L). See 1996 Amendment note below. 1996—Subsec. (a)(2). Pub. L. 104208, § 2704(d)(14)(J)(i), (ii), which directed striking out subpar. (A) heading and subpar. (B) and redesignating subpar. (A) as par. (2), was repealed by Pub. L. 109171. See Effective Date of 1996 Amendment note below and 2006 Amendment note above. Subsec. (a)(3). Pub. L. 104208, § 2704(d)(14)(J)(iii), which directed substitution of “the Deposit Insurance Fund” for “the Bank Insurance Fund, the Savings Association Insurance Fund,”, was repealed by Pub. L. 109171. See Effective Date of 1996 Amendment note below and 2006 Amendment note above. Subsec. (b)(4). Pub. L. 104208, § 2704(d)(14)(K), which directed striking out par. (4), was repealed by Pub. L. 109171. See Effective Date of 1996 Amendment note below and 2006 Amendment note above. Subsec. (f). Pub. L. 104208, § 2704(d)(14)(L), which directed substitution of “Deposit Insurance Fund” for “Savings Association Insurance Fund”, was repealed by Pub. L. 109171. See Effective Date of 1996 Amendment note below and 2006 Amendment note above. 1991—Subsec. (a)(2)(B). Pub. L. 102233, § 202(c), substituted “1992” for “1991”. Subsec. (a)(4), (5). Pub. L. 102242 added pars. (4) and (5). Subsec. (b)(4). Pub. L. 102233, § 202(d), substituted “1992” for “1991”.
Statutory Notes and Related Subsidiaries
Effective Date of 2006 AmendmentAmendment by Pub. L. 109173 effective Mar. 31, 2006, see section 8(b) of Pub. L. 109173, set out as a note under section 1813 of this title. Amendment by Pub. L. 109171 effective no later than the first day of the first calendar quarter that begins after the end of the 90-day period beginning Feb. 8, 2006, see section 2102(c) of Pub. L. 109171, set out as a Merger of BIF and SAIF note under section 1821 of this title.
Effective Date of 1996 AmendmentAmendment by Pub. L. 104208 effective Jan. 1, 1999, if no insured depository institution is a savings association on that date, see section 2704(c) of Pub. L. 104208, formerly set out as a note under section 1821 of this title.
Payment of Judgments and Settlements of Claims Against United StatesPub. L. 106113, div. B, § 1000(a)(1) [title I, § 110], Nov. 29, 1999, 113 Stat. 1535, 1501A20, provided that: “Hereafter, for payments of judgments against the United States and compromise settlements of claims in suits against the United States arising from the Financial Institutions Reform, Recovery and Enforcement Act [Pub. L. 10173, see Tables for classification] and its implementation, such sums as may be necessary, to remain available until expended: Provided, That the foregoing authority is available solely for payment of judgments and compromise settlements: Provided further, That payment of litigation expenses is available under existing authority and will continue to be made available as set forth in the Memorandum of Understanding between the Federal Deposit Insurance Corporation and the Department of Justice, dated October 2, 1998.” Similar provisions were contained in Pub. L. 105277, div. A, § 101(b) [title I, § 130], Oct. 21, 1998, 112 Stat. 268150, 268177.
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# 12 U.S.C. § 1822 - Corporation as receiver
## Text
(a) Bond not required; agents; fee The Corporation as receiver of an insured depository institution or branch of a foreign bank shall not be required to furnish bond and may appoint an agent or agents to assist it in its duties as such receiver. All fees, compensation, and expenses of liquidation and administration shall be fixed by the Corporation, and may be paid by it out of funds coming into its possession as such receiver.
(b) Payment of insured deposit as discharge from liability Payment of an insured deposit to any person by the Corporation shall discharge the Corporation, and payment of a transferred deposit to any person by the new depository institution or by an insured depository institution in which a transferred deposit has been made available shall discharge the Corporation and such new depository institution or other insured depository institution, to the same extent that payment to such person by the depository institution in default would have discharged it from liability for the insured deposit.
(c) Recognition of claimant not on depository institution records Except as otherwise prescribed by the Board of Directors, neither the Corporation nor such new depository institution or other insured depository institution shall be required to recognize as the owner of any portion of a deposit appearing on the records of the depository institution in default under a name other than that of the claimant, any person whose name or interest as such owner is not disclosed on the rec­ords of such depository institution in default as part owner of said deposit, if such recognition would increase the aggregate amount of the insured deposits in such depository institution in default.
(d) Withholding payments to meet liability to depository institution The Corporation may withhold payment of such portion of the insured deposit of any depositor in a depository institution in default as may be required to provide for the payment of any liability of such depositor to the depository institution in default or its receiver, which is not offset against a claim due from such depository institution, pending the determination and payment of such liability by such depositor or any other person liable therefor.
(e) Disposition of unclaimed deposits (1) Notices (A) First notice Within 30 days after the initiation of the payment of insured deposits under section 1821(f) of this title, the Corporation shall provide written notice to all insured depositors that they must claim their deposit from the Corporation, or if the deposit has been transferred to another institution, from the transferee institution.
(B) Second notice A second notice containing this information shall be mailed by the Corporation to all insured depositors who have not responded to the first notice, 15 months after the Corporation initiates such payment of insured depositors.
(C) Address The notices shall be mailed to the last known address of the depositor appearing on the records of the insured depository institution in default.
(2) Transfer to appropriate State If an insured depositor fails to make a claim for his, her, or its insured or transferred deposit within 18 months after the Corporation initiates the payment of insured deposits under section 1821(f) of this title—
(A) any transferee institution shall refund the deposit to the Corporation, and all rights of the depositor against the transferee institution shall be barred; and
(B) with the exception of United States deposits, the Corporation shall deliver the deposit to the custody of the appropriate State as unclaimed property, unless the appropriate State declines to accept custody. Upon delivery to the appropriate State, all rights of the depositor against the Corporation with respect to the deposit shall be barred and the Corporation shall be deemed to have made payment to the depositor for purposes of section 1821(g)(1) of this title.
(3) Refusal of appropriate State to accept custody If the appropriate State declines to accept custody of the deposit tendered pursuant to paragraph (2)(B), the deposit shall not be delivered to any State, and the insured depositor shall claim the deposit from the Corporation before the receivership is terminated, or all rights of the depositor with respect to such deposit shall be barred.
(4) Treatment of United States deposits If the deposit is a United States deposit it shall be delivered to the Secretary of the Treasury for deposit in the general fund of the Treasury. Upon delivery to the Secretary of the Treasury, all rights of the depositor against the Corporation with respect to the deposit shall be barred and the Corporation shall be deemed to have made payment to the depositor for purposes of section 1821(g)(1) of this title.
(5) Reversion If a depositor does not claim the deposit delivered to the custody of the appropriate State pursuant to paragraph (2)(B) within 10 years of the date of delivery, the deposit shall be immediately refunded to the Corporation and become its property. All rights of the depositor against the appropriate State with respect to such deposit shall be barred as of the date of the refund to the Corporation.
(6) Definitions For purposes of this subsection—
(A) the term “transferee institution” means the insured depository institution in which the Corporation has made available a transferred deposit pursuant to section 1821(f)(1) of this title;
(B) the term “appropriate State” means the State to which notice was mailed under paragraph (1)(C), except that if the notice was not mailed to an address that is within a State it shall mean the State in which the depository institution in default has its main office; and
(C) the term “United States deposit” means an insured or transferred deposit for which the deposit records of the depository institution in default disclose that title to the deposit is held by the United States, any department, agency, or instrumentality of the Federal Government, or any officer or employee thereof in such persons official capacity.
(f) Conflict of interest (1) Applicability of other provisions (A) Clarification of status of Corporation The Corporation is, and has been since its creation, an agency for purposes of title 18.
(B) Treatment of contractors Any individual who, pursuant to a contract or any other arrangement, performs functions or activities of the Corporation, under the direct supervision of an officer or employee of the Corporation, shall be deemed to be an employee of the Corporation for purposes of title 18 and this chapter. Any individual who, pursuant to a contract or any other agreement, acts for or on behalf of the Corporation, and who is not otherwise treated as an officer or employee of the United States for purposes of title 18 shall be deemed to be a public official for purposes of section 201 of title 18.
(2) Regulations concerning employee conduct The officers and employees of the Corporation and those individuals under contract to the Corporation who are deemed, under paragraph (1)(B), to be employees of the Corporation for purposes of title 18 shall be subject to the ethics and conflict of interest rules and regulations issued by the Office of Government Ethics, including those concerning employee conduct, financial disclosure, and post-employment activities. The Board of Directors may prescribe regulations that supplement such rules and regulations only with the concurrence of that Office.
(3) Regulations concerning independent contractors The Board of Directors shall prescribe regulations applicable to those independent contractors who are not deemed, under paragraph (1)(B), to be employees of the Corporation for purposes of title 18 governing conflicts of interest, ethical responsibilities, and the use of confidential information consistent with the goals and purposes of titles 18 and 41. Any such regulations shall be in addition to, and not in lieu of, any other statute or regulation which may apply to the conduct of such independent contractors.
(4) Disapproval of contractors (A) In general The Board of Directors shall prescribe regulations establishing procedures for ensuring that any individual who is performing, directly or indirectly, any function or service on behalf of the Corporation meets minimum standards of competence, experience, integrity, and fitness.
(B) Prohibition from service on behalf of Corporation The procedures established under subparagraph (A) shall provide that the Corporation shall prohibit any person who does not meet the minimum standards of competence, experience, integrity, and fitness from—
(i) entering into any contract with the Corporation; or
(ii) becoming employed by the Corporation or otherwise performing any service for or on behalf of the Corporation.
(C) Information required to be submitted The procedures established under subparagraph (A) shall require that any offer submitted to the Corporation by any person under this section and any employment application submitted to the Corporation by any person shall include—
(i) a list and description of any instance during the 5 years preceding the submission of such application in which the person or a company under such persons control defaulted on a material obligation to an insured depository institution; and
(ii) such other information as the Board may prescribe by regulation.
(D) Subsequent submissions (i) In general No offer submitted to the Corporation may be accepted unless the offeror agrees that no person will be employed, directly or indirectly, by the offeror under any contract with the Corporation unless—
(I) all applicable information described in subparagraph (C) with respect to any such person is submitted to the Corporation; and
(II) the Corporation does not disapprove of the direct or indirect employment of such person.
(ii) Finality of determination Any determination made by the Corporation pursuant to this paragraph shall be in the Corporations sole discretion and shall not be subject to review.
(E) Prohibition required in certain cases The standards established under subparagraph (A) shall require the Corporation to prohibit any person who has—
(i) been convicted of any felony;
(ii) been removed from, or prohibited from participating in the affairs of, any insured depository institution pursuant to any final enforcement action by any appropriate Federal banking agency;
(iii) demonstrated a pattern or practice of defalcation regarding obligations to insured depository institutions; or
(iv) caused a substantial loss to the Deposit Insurance Fund (or any predecessor deposit insurance fund);
from performing any service on behalf of the Corporation.
(5) Abrogation of contracts The Corporation may rescind any contract with a person who—
(A) fails to disclose a material fact to the Corporation;
(B) would be prohibited under paragraph (6) from providing services to, receiving fees from, or contracting with the Corporation; or
(C) has been subject to a final enforcement action by any Federal banking agency.
(6) Priority of FDIC rules To the extent that the regulations under this subsection conflict with rules of other agencies or Government corporations, officers, directors, employees, and independent contractors of the Corporation who are also subject to the conflict of interest or ethical rules of another agency or Government corporation, shall be governed by the regulations prescribed by the Board of Directors under this subsection when acting for or on behalf of the Corporation. Notwithstanding the preceding sentence, the rules of the Corporation shall not take priority over the ethics and conflict of interest rules and regulations promulgated by the Office of Government Ethics unless specifically authorized by that Office.
(Sept. 21, 1950, ch. 967, § 2[12], 64 Stat. 887; Pub. L. 95369, § 6(c)(23), Sept. 17, 1978, 92 Stat. 619; Pub. L. 97320, title I, § 113(l), Oct. 15, 1982, 96 Stat. 1474; Pub. L. 10173, title II, §§ 201(a), 216, Aug. 9, 1989, 103 Stat. 187, 254; Pub. L. 10344, § 1, June 28, 1993, 107 Stat. 220; Pub. L. 103204, § 19(a), Dec. 17, 1993, 107 Stat. 2402; Pub. L. 104179, § 4(b)(1), Aug. 6, 1996, 110 Stat. 1567; Pub. L. 109173, § 8(a)(18), Feb. 15, 2006, 119 Stat. 3613; Pub. L. 110289, div. A, title VI, § 1604(b)(1)(C), July 30, 2008, 122 Stat. 2829.)
## Notes
Editorial Notes
Prior ProvisionsSection is derived from subsec. (m) of former section 264 of this title. See Codification note set out under section 1811 of this title.
Amendments2008—Subsecs. (b), (c). Pub. L. 110289 substituted “new depository institution” for “new bank” wherever appearing. 2006—Subsec. (f)(4)(E)(iv). Pub. L. 109173 substituted “the Deposit Insurance Fund (or any predecessor deposit insurance fund)” for “Federal deposit insurance funds”. 1996—Subsec. (f)(3). Pub. L. 104179 struck out “, with the concurrence of the Office of Government Ethics,” after “The Board of Directors”. 1993—Subsec. (e). Pub. L. 10344 inserted heading and amended text generally. Prior to amendment, text read as follows: “If, after the Corporation shall have given at least three months notice to the depositor by mailing a copy thereof to his last-known address appearing on the records of the depository institution in default, any depositor in the depository institution in default shall fail to claim his insured deposit from the Corporation within eighteen months after the appointment of the receiver for the depository institution in default, or shall fail within such period to claim or arrange to continue the transferred deposit with the new bank or with the other insured depository institution which assumes liability therefor, all rights of the depositor against the Corporation with respect to the insured deposit, and against the new bank and such other insured depository institution with respect to the transferred deposit, shall be barred, and all rights of the depositor against the depository institution in default and its shareholders, or the receivership estate to which the Corporation may have become subrogated, shall thereupon revert to the depositor. The amount of any transferred deposits not claimed within such eighteen months period, shall be refunded to the Corporation.” Subsec. (f). Pub. L. 103204 added subsec. (f). 1989—Pub. L. 10173, § 201(a), substituted references to insured depository institutions for references to insured banks wherever appearing in this section. Subsec. (a). Pub. L. 10173, § 216(2), inserted heading and text of subsec. (a), and struck out former subsec. (a) which read as follows: “Notwithstanding any other provision of law, the Corporation as receiver of a closed national bank, branch of a foreign bank, insured Federal savings bank, or District bank shall not be required to furnish bond and shall have the right to appoint an agent or agents to assist it in its duties as such receiver, and all fees, compensation, and expenses of liquidation and administration thereof shall be fixed by the Corporation, and may be paid by it out of funds coming into its possession as such receiver.” Subsecs. (b), (c). Pub. L. 10173, § 216(1), substituted “depository institution in default” for “closed bank” wherever appearing. Subsec. (d). Pub. L. 10173, § 216(1), (3), substituted “depository institution in default” for “closed bank” in three places, struck out “as a stockholder of the depository institution in default, or of any liability of such depositor” after “payment of any liability of such depositor”, and substituted “such depository institution” for “such bank”. Subsec. (e). Pub. L. 10173, § 216(1), substituted “depository institution in default” for “closed bank” wherever appearing. 1982—Subsec. (a). Pub. L. 97320 inserted “insured Federal savings bank,” after “foreign bank,”. 1978—Subsec. (a). Pub. L. 95369 inserted “, branch of a foreign bank,” after “a closed national bank”.
Statutory Notes and Related Subsidiaries
Effective Date of 2006 AmendmentAmendment by Pub. L. 109173 effective Mar. 31, 2006, see section 8(b) of Pub. L. 109173, set out as a note under section 1813 of this title.
Effective Date of 1993 AmendmentsPub. L. 103204, § 19(c), Dec. 17, 1993, 107 Stat. 2404, provided that: “The amendment made by subsection (a) [amending this section] shall apply after the end of the 6-month period beginning on the date of enactment of this Act [Dec. 17, 1993].” Pub. L. 10344, § 2, June 28, 1993, 107 Stat. 221, provided that: “(a) In General.—The amendments made by section 1 of this Act [amending this section] shall only apply with respect to institutions for which the Corporation has initiated the payment of insured deposits under section 11(f) of the Federal Deposit Insurance Act [12 U.S.C. 1821(f)] after the date of enactment of this Act [June 28, 1993]. “(b) Special Rule for Receiverships in Progress.—Section 12(e) of the Federal Deposit Insurance Act [12 U.S.C. 1822(e)] as in effect on the day before the date of enactment of this Act [June 28, 1993] shall apply with respect to insured deposits in depository institutions for which the Corporation was first appointed receiver during the period between January 1, 1989 and the date of enactment of this Act, except that such section 12(e) shall not bar any claim made against the Corporation by an insured depositor for an insured or transferred deposit, so long as such claim is made prior to the termination of the receivership. “(c) Information to States.—Within 120 days after the date of enactment of this Act [June 28, 1993], the Corporation shall provide, at the request of and for the sole use of any State, the name and last known address of any insured depositor (as shown on the records of the institution in default) eligible to make a claim against the Corporation solely due to the operation of subsection (b) of this section. “(d) Definition.—For purposes of this section, the term Corporation means the Federal Deposit Insurance Corporation, the Resolution Trust Corporation, or the Federal Savings and Loan Insurance Corporation, as appropriate.”
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# 12 U.S.C. § 1825 - Issuance of notes, debentures, bonds, and other obligations; exemptions
## Text
(a) General rule All notes, debentures, bonds, or other such obligations issued by the Corporation shall be exempt, both as to principal and interest, from all taxation (except estate and inheritance taxes) now or hereafter imposed by the United States, by any Territory, dependency, or possession thereof, or by any State, county, municipality, or local taxing authority: Provided, That interest upon or any income from any such obligations and gain from the sale or other disposition of such obligations shall not have any exemption, as such, and loss from the sale or other disposition of such obligations shall not have any special treatment, as such, under the Internal Revenue Code, or laws amendatory or supplementary thereto. The Corporation, including its franchise, its capital, reserves, and surplus, and its income, shall be exempt from all taxation now or hereafter imposed by the United States, by any Territory, dependency, or possession thereof, or by any State, county, municipality, or local taxing authority, except that any real property of the Corporation shall be subject to State, Territorial, county, municipal, or local taxation to the same extent according to its value as other real property is taxed.
(b) Other exemptions When acting as a receiver, the following provisions shall apply with respect to the Corporation:
(1) The Corporation including its franchise, its capital, reserves, and surplus, and its income, shall be exempt from all taxation imposed by any State, county, municipality, or local taxing authority, except that any real property of the Corporation shall be subject to State, territorial, county, municipal, or local taxation to the same extent according to its value as other real property is taxed, except that, notwithstanding the failure of any person to challenge an assessment under State law of such propertys value, such value, and the tax thereon, shall be determined as of the period for which such tax is imposed.
(2) No property of the Corporation shall be subject to levy, attachment, garnishment, foreclosure, or sale without the consent of the Corporation, nor shall any involuntary lien attach to the property of the Corporation.
(3) The Corporation shall not be liable for any amounts in the nature of penalties or fines, including those arising from the failure of any person to pay any real property, personal property, probate, or recording tax or any recording or filing fees when due.
(4) Exemption from criminal prosecution.— The Corporation shall be exempt from all prosecution by the United States or any State, county, municipality, or local authority for any criminal offense arising under Federal, State, county, municipal, or local law, which was allegedly committed by the institution, or persons acting on behalf of the institution, prior to the appointment of the Corporation as receiver.
This subsection shall not apply with respect to any tax imposed (or other amount arising) under the Internal Revenue Code of 1986.
(c) Limitation on borrowing (1) Cost estimate for outstanding obligations, guarantees, and liabilities As soon as practicable after August 9, 1989, the Corporation shall estimate the aggregate cost to the Corporation for all outstanding obligations and guarantees of the Corporation which were issued, and all outstanding liabilities which were incurred, by the Corporation before August 9, 1989.
(2) Estimate of notes and other obligations required Before issuing an obligation or making a guarantee, the Corporation shall estimate the cost of such obligations or guarantees.
(3) Inclusion of estimates in financial statements The Corporation shall—
(A) reflect in its financial statements the estimates made by the Corporation under paragraphs (1) and (2) of the aggregate amount of the costs to the Corporation for outstanding obligations and other liabilities, and
(B) make such adjustments as are appropriate in the estimate of such aggregate amount not less frequently than quarterly.
(4) Estimate of other assets required The Corporation shall—
(A) estimate the market value of assets held by it as a result of case resolution activities, with a reduction for expenses expected to be incurred by the Corporation in connection with the management and sale of such assets;
(B) reflect the amounts so estimated in its financial statements; and
(C) make such adjustments as are appropriate of such market value not less than quarterly.
(5) Maximum amount limitation on outstanding obligations Notwithstanding any other provisions of this chapter, the Corporation may not issue or incur any obligation, if, after issuing or incurring the obligation, the aggregate amount of obligations of the Deposit Insurance Fund, outstanding would exceed the sum of—
(A) the amount of cash or the equivalent of cash held by the Deposit Insurance Fund;
(B) the amount which is equal to 90 percent of the Corporations estimate of the fair market value of assets held by the Deposit Insurance Fund, other than assets described in subparagraph (A); and
(C) the total of the amounts authorized to be borrowed from the Secretary of the Treasury pursuant to section 1824(a) of this title.
(6) “Obligation” defined (A) In general For purposes of paragraph (5), the term “obligation” includes—
(i) any guarantee issued by the Corporation, other than deposit guarantees;
(ii) any amount borrowed pursuant to section 1824 of this title; and
(iii) any other obligation for which the Corporation has a direct or contingent liability to pay any amount.
(B) Valuation of contingent liabilities The Corporation shall value any contingent liability at its expected cost to the Corporation.
(d) Full faith and credit The full faith and credit of the United States is pledged to the payment of any obligation issued after August 9, 1989, by the Corporation, with respect to both principal and interest, if—
(1) the principal amount of such obligation is stated in the obligation; and
(2) the term to maturity or the date of maturity of such obligation is stated in the obligation.
(Sept. 21, 1950, ch. 967, § 2[15], 64 Stat. 890; Pub. L. 10173, title II, § 219, Aug. 9, 1989, 103 Stat. 261; Pub. L. 102242, title I, § 102(a), (c), Dec. 19, 1991, 105 Stat. 2236, 2237; Pub. L. 103325, title VI, § 602(a)(43), Sept. 23, 1994, 108 Stat. 2290; Pub. L. 104208, div. A, title II, § 2704(d)(14)(R), Sept. 30, 1996, 110 Stat. 3009493; Pub. L. 109171, title II, § 2102(b), Feb. 8, 2006, 120 Stat. 9; Pub. L. 109173, § 8(a)(25), Feb. 15, 2006, 119 Stat. 3614; Pub. L. 109351, title VII, § 720(a), Oct. 13, 2006, 120 Stat. 1998.)
## Notes
Editorial Notes
References in TextThe Internal Revenue Code, referred to in subsecs. (a) and (b), is classified to Title 26, Internal Revenue Code.
Prior ProvisionsSection is derived from subsec. (p) of former section 264 of this title. See Codification note set out under section 1811 of this title.
Amendments2006—Subsec. (b)(4). Pub. L. 109351 added par. (4). Subsec. (c)(5). Pub. L. 109173 substituted “the Deposit Insurance Fund” for “the Bank Insurance Fund or Savings Association Insurance Fund, respectively” in introductory provisions and in subpar. (A) and “the Deposit Insurance Fund” for “the Bank Insurance Fund or the Savings Association Insurance Fund, respectively” in subpar. (B). Pub. L. 109171 repealed Pub. L. 104208, § 2704(d)(14)(R). See 1996 Amendment note below. 1996—Subsec. (c)(5). Pub. L. 104208, § 2704(D)(14)(R), which directed substitution of “the Deposit Insurance Fund” for “the Bank Insurance Fund or Savings Association Insurance Fund, respectively” in introductory provisions and in subpar. (A) and “the Deposit Insurance Fund” for “the Bank Insurance Fund or the Savings Association Insurance Fund, respectively” in subpar. (B), was repealed by Pub. L. 109171. See Effective Date of 1996 Amendment note below and 2006 Amendment note above. 1994—Subsec. (c)(1). Pub. L. 103325 substituted “obligations, guarantees, and liabilities” for “obligations liabilities” in heading. 1991—Subsec. (c)(5), (6). Pub. L. 102242, § 102(a), added pars. (5) and (6) and struck out former par. (5) which provided for a 10-percent-minimum net worth requirement for Bank Insurance Fund or Savings Association Insurance Fund and former par. (6) which provided exception for up to $5,000,000,000 in additional liabilities beyond limitations of par. (5). Subsec. (c)(7). Pub. L. 102242, § 102(c), struck out par. (7) which provided for calculation of net worth and asset valuation of Bank Insurance Fund and the Savings Association Insurance Fund for purposes of par. (5). 1989—Subsec. (a). Pub. L. 10173 designated existing provision as subsec. (a), inserted heading, and added subsecs. (b) to (d).
Statutory Notes and Related Subsidiaries
Effective Date of 2006 AmendmentAmendment by Pub. L. 109173 effective Mar. 31, 2006, see section 8(b) of Pub. L. 109173, set out as a note under section 1813 of this title. Amendment by Pub. L. 109171 effective no later than the first day of the first calendar quarter that begins after the end of the 90-day period beginning Feb. 8, 2006, see section 2102(c) of Pub. L. 109171, set out as a Merger of BIF and SAIF note under section 1821 of this title.
Effective Date of 1996 AmendmentAmendment by Pub. L. 104208 effective Jan. 1, 1999, if no insured depository institution is a savings association on that date, see section 2704(c) of Pub. L. 104208, formerly set out as a note under section 1821 of this title.
GAO ReportsPub. L. 102242, title I, § 102(b), Dec. 19, 1991, 105 Stat. 2237, as amended by Pub. L. 103325, title III, § 327, Sept. 23, 1994, 108 Stat. 2230; Pub. L. 10466, title II, § 2061, Dec. 21, 1995, 109 Stat. 729, directed Comptroller General to submit report to congressional committees, not later than 90 days after end of any calendar quarter in which Federal Deposit Insurance Corporation had any outstanding obligations pursuant to section 1824 of this title, on Corporations compliance at the end of that quarter with subsec. (c) of this section, prior to repeal by Pub. L. 104316, title I, § 106(c), Oct. 19, 1996, 110 Stat. 3831.
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# 12 U.S.C. § 1826 - Forms of obligations; preparation by Secretary of the Treasury
## Text
In order that the Corporation may be supplied with such forms of notes, debentures, bonds, or other such obligations as it may need for issuance under this chapter, the Secretary of the Treasury is authorized to prepare such forms as shall be suitable and approved by the Corporation, to be held in the Treasury subject to delivery, upon order of the Corporation. The engraved plates, dies, bed pieces, and other material executed in connection therewith shall remain in the custody of the Secretary of the Treasury. The Corporation shall reimburse the Secretary of the Treasury for any expenses incurred in the preparation, custody, and delivery of such notes, debentures, bonds, or other such obligations.
(Sept. 21, 1950, ch. 967, § 2[16], 64 Stat. 890.)
## Notes
Editorial Notes
Prior ProvisionsSection is derived from subsec. (q) of former section 264 of this title. See Codification note set out under section 1811 of this title.
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# 12 U.S.C. § 1827 - Reports by Corporation; audit of financial transactions; report on audits; employment of certified public accountants for audits
## Text
(a) Annual reports on the Deposit Insurance Fund and the FSLIC Resolution Fund (1) In general The Corporation shall annually submit a full report of its operations, activities, budget, receipts, and expenditures for the preceding 12-month period. The report shall include, with respect to the Deposit Insurance Fund and the FSLIC Resolution Fund, an analysis by the Corporation of—
(A) the current financial condition of each such fund;
(B) the purpose, effect, and estimated cost of each resolution action taken for an insured depository institution during the preceding year;
(C) the extent to which the actual costs of assistance provided to, or for the benefit of, an insured depository institution during the preceding year exceeded the estimated costs of such assistance reported in a previous year under paragraph (A);
(D) the exposure of the Deposit Insurance Fund to changes in those economic factors most likely to affect the condition of that fund;
(E) a current estimate of the resources needed for the Deposit Insurance Fund or the FSLIC Resolution Fund to achieve the purposes of this chapter; and
(F) any findings, conclusions, and recommendations for legislative and administrative actions considered appropriate to future resolution activities by the Corporation.
(2) Manner of submission Such report shall be submitted to the President of the Senate and the Speaker of the House of Representatives, who shall cause the same to be printed for the information of Congress, and the President as soon as practicable after the first day of January each year.
(3) Coordination with other report requirements The report required under this subsection shall include the report required under section 57a(f)(7) 11 See References in Text note below. of title 15.
(b) Quarterly reports to Treasury (1) Financial operating plans and forecasts Before the beginning of each fiscal quarter, the Corporation shall provide to the Secretary of the Treasury a copy of the Corporations financial operating plans and forecasts.
(2) Financial condition and reports of operations As soon as practicable after the end of each fiscal quarter, the Corporation shall submit to the Secretary of the Treasury a copy of the report of the Corporations financial condition as of the end of such fiscal quarter and the results of the Corporations operations during such fiscal quarter.
(3) Items to be included The plans, forecasts, and reports required under this subsection shall reflect the estimates required to be made under section 1825(b) of this title of the liabilities and obligations of the Corporation described in such section.
(4) Rule of construction The requirement to provide plans, forecasts, and reports to the Secretary of the Treasury under this subsection may not be construed as implying any obligation on the part of the Corporation to obtain the consent or approval of such Secretary with respect to such plans, forecasts, and reports.
(c) Reports to OMB (1) Financial information The Corporation shall continue to provide to the Director of the Office of Management and Budget financial information consistent with that contained in the reports that were being provided to the Director immediately prior to the effective date of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989.
(2) Financial operating plans and forecasts The Corporation shall also provide to the Director copies of the Corporations financial operating plans and forecasts as prepared by the Corporation in the ordinary course of its operations, and copies of the quarterly reports of the Corporations financial condition and results of operations as prepared by the Corporation in the ordinary course of its operations.
(3) Rule of construction This subsection may not be construed as implying any obligation on the part of the Corporation to consult with or obtain the consent or approval of the Director with respect to any reports, plans, forecasts, or other information referred to in paragraph (1) or (2) or any jurisdiction or oversight over the affairs or operations of the Corporation.
(d) Audit (1) Audit required The Comptroller General shall audit annually the financial transactions of the Corporation 22 So in original. Probably should be followed by a comma. the Deposit Insurance Fund and the FSLIC Resolution Fund in accordance with generally accepted government auditing standards.
(2) Access to books and records All books, records, accounts, reports, files, and property belonging to or used by the Corporation 2 the Deposit Insurance Fund and the FSLIC Resolution Fund, or by an independent certified public accountant retained to audit the Funds financial statements, shall be made available to the Comptroller General.
(e) Audit of Corporation The financial transactions of the Corporation shall be audited by the Government Accountability Office in accordance with the principles and procedures applicable to commercial corporate transactions and under such rules and regulations as may be prescribed by the Comptroller General of the United States. The audit shall be conducted at the place or places where accounts of the Corporation are normally kept. The representatives of the Government Accountability Office shall have access to all books, accounts, records, reports, files, and all other papers, things, or property belonging to or in use by the Corporation pertaining to its financial transactions and necessary to facilitate the audit, and they shall be afforded full facilities for verifying transactions with the balances or securities held by depositaries, fiscal agents, and custodians. All such books, accounts, rec­ords, reports, files, papers, and property of the Corporation shall remain in possession and custody of the Corporation. The audit shall begin with financial transactions occurring on and after August 31, 1948. The Corporation shall be audited at least once in every three years.
(f) Report of audit A report of each audit conducted under subsection (b) of this section shall be made by the Comptroller General to the Congress not later than six and one-half months following the close of the last year covered by such audit. The report to the Congress shall set forth the scope of the audit and shall include a statement of assets and liabilities and surplus or deficit; a statement of surplus or deficit analysis; a statement of income and expenses; a statement of sources and application of funds and such comments and information as may be deemed necessary to inform Congress of the financial operations and condition of the Corporation, together with such recommendations with respect thereto as the Comptroller General may deem advisable. The report shall also show specifically any program, expenditure, or other financial transaction or undertaking observed in the course of the audit, which, in the opinion of the Comptroller General, has been carried on or made without authority of law. A copy of each report shall be furnished to the President, to the Secretary of the Treasury, and to the Corporation at the time submitted to the Congress.
(g) Assistance in audit; costs For the purpose of conducting such audit the Comptroller General is authorized in his discretion to employ by contract, without regard to section 6101 of title 41, professional services of firms and organizations of certified public accountants, with the concurrence of the Corporation, for temporary periods or for special purposes. The Corporation shall reimburse the Government Accountability Office for the cost of any such audit as billed therefor by the Comptroller General, and the Government Accountability Office shall deposit the sums so reimbursed into the Treasury as miscellaneous receipts.
(Sept. 21, 1950, ch. 967, § 2[17], 64 Stat. 890; Pub. L. 93604, title VI, § 602, Jan. 2, 1975, 88 Stat. 1963; Pub. L. 10173, title II, § 220(a), Aug. 9, 1989, 103 Stat. 263; Pub. L. 102242, title IV, § 427, Dec. 19, 1991, 105 Stat. 2378; Pub. L. 104208, div. A, title II, § 2704(d)(14)(S), (T), Sept. 30, 1996, 110 Stat. 3009493, 3009494; Pub. L. 106569, title XI, §§ 1103(a), 1104(b), Dec. 27, 2000, 114 Stat. 3030, 3032; Pub. L. 108271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 109171, title II, § 2102(b), Feb. 8, 2006, 120 Stat. 9; Pub. L. 109173, § 8(a)(26), (27), Feb. 15, 2006, 119 Stat. 3614, 3615.)
## Notes
Editorial Notes
References in TextPar. (7) of section 57a(f) of title 15, referred to in subsec. (a)(3), was repealed by Pub. L. 111203, title X, § 1092(3), July 21, 2010, 124 Stat. 2095. The effective date of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, referred to in subsec. (c)(1), probably means the date of enactment of Pub. L. 10173, which was approved Aug. 9, 1989.
Codification In subsec. (g), “section 6101 of title 41” substituted for “section 3709 of the Revised Statutes” on authority of Pub. L. 111350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
Prior ProvisionsSubsec. (a) is derived from subsec. (r) of former section 264 of this title. See Codification note set out under section 1811 of this title.
Amendments2006—Subsec. (a). Pub. L. 109173, § 8(a)(26)(A), substituted “the Deposit Insurance Fund” for “BIF, SAIF,” in heading. Pub. L. 109171 repealed Pub. L. 104208, § 2704(d)(14)(S). See 1996 Amendment note below. Subsec. (a)(1). Pub. L. 109173, § 8(a)(26)(B)(i), substituted “the Deposit Insurance Fund” for “the Bank Insurance Fund, the Savings Association Insurance Fund,” in introductory provisions. Subsec. (a)(1)(D). Pub. L. 109173, § 8(a)(26)(B)(ii), substituted “the Deposit Insurance Fund” for “each insurance fund”. Subsec. (a)(1)(E). Pub. L. 109173, § 8(a)(26)(B)(i), substituted “the Deposit Insurance Fund” for “the Bank Insurance Fund, the Savings Association Insurance Fund,”. Subsec. (d). Pub. L. 109173, § 8(a)(27), substituted “the Deposit Insurance Fund” for “, the Bank Insurance Fund, the Savings Association Insurance Fund,” in pars. (1) and (2). Pub. L. 109171 repealed Pub. L. 104208, § 2704(d)(14)(T). See 1996 Amendment note below. 2004—Subsecs. (e), (g). Pub. L. 108271 substituted “Government Accountability Office” for “General Accounting Office” in two places. 2000—Subsec. (a)(3). Pub. L. 106569, § 1103(a), added par. (3). Subsec. (h). Pub. L. 106569, § 1104(b), struck out subsec. (h) which related to additional reports. 1996—Subsec. (a). Pub. L. 104208, § 2704(d)(14)(S), which directed substitution of “the Deposit Insurance Fund” for “BIF, SAIF,” in heading and “the Deposit Insurance Fund” for “the Bank Insurance Fund, the Savings Association Insurance Fund,” wherever appearing in par. (1), was repealed by Pub. L. 109171. See Effective Date of 1996 Amendment note below and 2006 Amendment note above. Subsec. (d). Pub. L. 104208, § 2704(d)(14)(T), which directed substitution of “the Deposit Insurance Fund” for “the Bank Insurance Fund, the Savings Association Insurance Fund,” in two places, was repealed by Pub. L. 109171. See Effective Date of 1996 Amendment note below and 2006 Amendment note above. 1991—Subsec. (h). Pub. L. 102242 added subsec. (h). 1989—Subsec. (a). Pub. L. 10173, § 220(a)(1), added heading and text and struck out former subsec. (a) which read as follows: “The Corporation shall annually make a report of its operations to the Congress as soon as practicable after the 1st day of January in each year.” Subsecs. (b) to (g). Pub. L. 10173, § 220(a)(2), (3), added subsecs. (b) to (d) and redesignated former subsecs. (b) to (d) as (e) to (g), respectively. 1975—Subsec. (b). Pub. L. 93604, § 602(a), inserted provisions that the Corporation shall be audited at least once in every three years. Subsec. (c). Pub. L. 93604, § 602(b), substituted provisions that a report of each audit conducted under subsec. (b) of this section shall be made by the Comptroller General to the Congress not later than six and one-half months following the close of previous year covered by such audit, for provisions that a report of the audit for each fiscal year ending on June 30 shall be made by the Comptroller General to the Congress not later than Jan. 15 following the close of such fiscal year.
Statutory Notes and Related Subsidiaries
Effective Date of 2006 AmendmentAmendment by Pub. L. 109173 effective Mar. 31, 2006, see section 8(b) of Pub. L. 109173, set out as a note under section 1813 of this title. Amendment by Pub. L. 109171 effective no later than the first day of the first calendar quarter that begins after the end of the 90-day period beginning Feb. 8, 2006, see section 2102(c) of Pub. L. 109171, set out as a Merger of BIF and SAIF note under section 1821 of this title.
Effective Date of 1996 AmendmentAmendment by Pub. L. 104208 effective Jan. 1, 1999, if no insured depository institution is a savings association on that date, see section 2704(c) of Pub. L. 104208, formerly set out as a note under section 1821 of this title.
Final Reports on RTC and SAIF FundingPub. L. 103204, § 28, Dec. 17, 1993, 107 Stat. 2410, provided that: “(a) In General.—“(1) RTC report.—The Chairperson of the Thrift Depositor Protection Oversight Board shall prepare and submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Banking, Finance and Urban Affairs of the House of Representatives, a final report containing a detailed description of the purposes for which the funds made available to the Resolution Trust Corporation under this Act [See Short Title of 1993 Amendment note set out under section 1421 of this title] were used. “(2) SAIF report.—The Chairperson of the Federal Deposit Insurance Corporation shall prepare and submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Banking, Finance and Urban Affairs of the House of Representatives a final report containing a detailed description of the purposes for which the funds made available to the Savings Association Insurance Fund under this Act were used. “(b) Time for Submission.—The reports described in subsection (a) shall be transmitted—“(1) not later than 45 days after the final expenditure of funds provided for under this Act by the Resolution Trust Corporation; and “(2) not later than 45 days after the final expenditure of funds authorized to be provided under this Act by the Savings Association Insurance Fund.”
Report to Congress on Risk-Based AssessmentsPub. L. 10173, title II, § 220(b)(1), Aug. 9, 1989, 103 Stat. 265, directed Federal Deposit Insurance Corporation to study establishment of premium assessment categories related to types of risk to insurance funds and report its recommendations to Congress not later than Jan. 1, 1991; if Corporation recommended establishment of such a risk-based assessment plan, it was to provide a timetable and plan for implementation; and not later than 180 days after receipt of report and accompanying plan and timetable, Congress was to make a recommendation to Chairperson of Board of Directors regarding disposition of such plan and timetable.
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# 12 U.S.C. § 1828a - Prudential safeguards
## Text
(a) Comptroller of the Currency (1) In general The Comptroller of the Currency may, by regulation or order, impose restrictions or requirements on relationships or transactions between a national bank and a subsidiary of the national bank that the Comptroller finds are—
(A) consistent with the purposes of this Act, title LXII of the Revised Statutes of the United States, and other Federal law applicable to national banks; and
(B) appropriate to avoid any significant risk to the safety and soundness of insured depository institutions or the Deposit Insurance Fund or other adverse effects, such as undue concentration of resources, decreased or unfair competition, conflicts of interests, or unsound banking practices.
(2) Review The Comptroller of the Currency shall regularly—
(A) review all restrictions or requirements established pursuant to paragraph (1) to determine whether there is a continuing need for any such restriction or requirement to carry out the purposes of the Act, including the avoidance of any adverse effect referred to in paragraph (1)(B); and
(B) modify or eliminate any such restriction or requirement the Comptroller finds is no longer required for such purposes.
(b) Board of Governors of the Federal Reserve System (1) In general The Board of Governors of the Federal Reserve System may, by regulation or order, impose restrictions or requirements on relationships or transactions—
(A) between a depository institution subsidiary of a bank holding company and any affiliate of such depository institution (other than a subsidiary of such institution); or
(B) between a State member bank and a subsidiary of such bank;
if the Board makes a finding described in paragraph (2) with respect to such restriction or requirement.
(2) Finding The Board of Governors of the Federal Reserve System may exercise authority under paragraph (1) if the Board finds that the exercise of such authority is—
(A) consistent with the purposes of this Act, the Bank Holding Company Act of 1956 [12 U.S.C. 1841 et seq.], the Federal Reserve Act [12 U.S.C. 221 et seq.], and other Federal law applicable to depository institution subsidiaries of bank holding companies or State member banks, as the case may be; and
(B) appropriate to prevent an evasion of any provision of law referred to in subparagraph (A) or to avoid any significant risk to the safety and soundness of depository institutions or the Deposit Insurance Fund or other adverse effects, such as undue concentration of resources, decreased or unfair competition, conflicts of interests, or unsound banking practices.
(3) Review The Board of Governors of the Federal Reserve System shall regularly—
(A) review all restrictions or requirements established pursuant to paragraph (1) or (4) to determine whether there is a continuing need for any such restriction or requirement to carry out the purposes of the Act, including the avoidance of any adverse effect referred to in paragraph (2)(B) or (4)(B); and
(B) modify or eliminate any such restriction or requirement the Board finds is no longer required for such purposes.
(4) Foreign banks The Board may, by regulation or order, impose restrictions or requirements on relationships or transactions between a branch, agency, or commercial lending company of a foreign bank in the United States and any affiliate in the United States of such foreign bank that the Board finds are—
(A) consistent with the purposes of this Act, the Bank Holding Company Act of 1956, the Federal Reserve Act, and other Federal law applicable to foreign banks and their affiliates in the United States; and
(B) appropriate to prevent an evasion of any provision of law referred to in subparagraph (A) or to avoid any significant risk to the safety and soundness of depository institutions or the Deposit Insurance Fund or other adverse effects, such as undue concentration of resources, decreased or unfair competition, conflicts of interests, or unsound banking practices.
(c) Federal Deposit Insurance Corporation (1) In general The Federal Deposit Insurance Corporation may, by regulation or order, impose restrictions or requirements on relationships or transactions between a State nonmember bank (as defined in section 3 of the Federal Deposit Insurance Act [12 U.S.C. 1813]) and a subsidiary of the State nonmember bank that the Corporation finds are—
(A) consistent with the purposes of this Act, the Federal Deposit Insurance Act [12 U.S.C. 1811 et seq.], or other Federal law applicable to State nonmember banks; and
(B) appropriate to avoid any significant risk to the safety and soundness of depository institutions or the Deposit Insurance Fund or other adverse effects, such as undue concentration of resources, decreased or unfair competition, conflicts of interests, or unsound banking practices.
(2) Review The Federal Deposit Insurance Corporation shall regularly—
(A) review all restrictions or requirements established pursuant to paragraph (1) to determine whether there is a continuing need for any such restriction or requirement to carry out the purposes of the Act, including the avoidance of any adverse effect referred to in paragraph (1)(B); and
(B) modify or eliminate any such restriction or requirement the Corporation finds is no longer required for such purposes.
(Pub. L. 106102, title I, § 114, Nov. 12, 1999, 113 Stat. 1369; Pub. L. 109173, § 9(i), Feb. 15, 2006, 119 Stat. 3618.)
## Notes
Editorial Notes
References in TextThis Act and the Act, referred to in text, probably are references to Pub. L. 106102, Nov. 12, 1999, 113 Stat. 1338, known as the Gramm-Leach-Bliley Act. For complete classification of this Act to the Code, see Short Title of 1999 Amendment note set out under section 1811 of this title and Tables. Title LXII of the Revised Statutes, referred to in subsec. (a)(1)(A), 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. The Bank Holding Company Act of 1956, referred to in subsec. (b)(2)(A), (4)(A), is act May 9, 1956, ch. 240, 70 Stat. 133, which is classified principally to chapter 17 (§ 1841 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1841 of this title and Tables. The Federal Reserve Act, referred to in subsec. (b)(2)(A), (4)(A), 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. The Federal Deposit Insurance Act, referred to in subsec. (c)(1)(A), is act Sept. 21, 1950, ch. 967, § 2, 64 Stat. 873, which is classified generally to this chapter. 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 enacted as part of the Gramm-Leach-Bliley Act, and not as part of the Federal Deposit Insurance Act which comprises this chapter.
Amendments2006—Subsecs. (a)(1)(B), (b)(2)(B), (4)(B), (c)(1)(B). Pub. L. 109173 substituted “the Deposit Insurance Fund” for “any Federal deposit insurance fund”.
Statutory Notes and Related Subsidiaries
Effective Date of 2006 AmendmentAmendment by Pub. L. 109173 effective Mar. 31, 2006, see section 9(j) of Pub. L. 109173, set out as a note under section 24 of this title.
Effective DateSection effective 120 days after Nov. 12, 1999, see section 161 of Pub. L. 106102, set out as an Effective Date of 1999 Amendment note under section 24 of this title.
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# 12 U.S.C. § 1828b - Interagency data sharing
## Text
(a) In general To the extent not prohibited by other law, the Comptroller of the Currency, the Director of the Office of Thrift Supervision, the Federal Deposit Insurance Corporation, and the Board of Governors of the Federal Reserve System shall make available to the Attorney General and the Federal Trade Commission any data in the possession of any such banking agency that the antitrust agency deems necessary for antitrust review of any transaction requiring notice to any such antitrust agency or the approval of such agency under section 1842 or 1843 of this title, section 1828(c) of this title, the National Bank Consolidation and Merger Act [12 U.S.C. 215 et seq.], section 1467a of this title, or the antitrust laws.
(b) Confidentiality requirements (1) In general Any information or material obtained by any agency pursuant to subsection (a) shall be treated as confidential.
(2) Procedures for disclosure If any information or material obtained by any agency pursuant to subsection (a) is proposed to be disclosed to a third party, written notice of such disclosure shall first be provided to the agency from which such information or material was obtained and an opportunity shall be given to such agency to oppose or limit the proposed disclosure.
(3) Other privileges not waived by disclosure under this section The provision by any Federal agency of any information or material pursuant to subsection (a) to another agency shall not constitute a waiver, or otherwise affect, any privilege any agency or person may claim with respect to such information under Federal or State law.
(4) Exception No provision of this section shall be construed as preventing or limiting access to any information by any duly authorized committee of the Congress or the Comptroller General of the United States.
(c) Banking agency information sharing The provisions of subsection (b) shall apply to—
(1) any information or material obtained by any Federal banking agency (as defined in section 1813(z) of this title) from any other Federal banking agency; and
(2) any report of examination or other confidential supervisory information obtained by any State agency or authority, or any other person, from a Federal banking agency.
(Pub. L. 106102, title I, § 132, Nov. 12, 1999, 113 Stat. 1382.)
## Notes
Editorial Notes
References in TextThe National Bank Consolidation and Merger Act, referred to in subsec. (a), is act Nov. 7, 1918, ch. 209, as added by Pub. L. 86230, § 20, Sept. 8, 1959, 73 Stat. 460, which is classified generally to subchapter XVI (§ 215 et seq.) of chapter 2 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 215 of this title and Tables.
Codification Section was enacted as part of the Gramm-Leach-Bliley Act, and not as part of the Federal Deposit Insurance Act which comprises this chapter.
Statutory Notes and Related Subsidiaries
Effective DateSection effective 120 days after Nov. 12, 1999, see section 161 of Pub. L. 106102, set out as an Effective Date of 1999 Amendment note under section 24 of this title.
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# 12 U.S.C. § 1829 - Penalty for unauthorized participation by convicted individual
## Text
(a) Prohibition (1) In general Except with the prior written consent of the Corporation—
(A) any person who has been convicted of any criminal offense involving dishonesty or a breach of trust or money laundering, or has agreed to enter into a pretrial diversion or similar program in connection with a prosecution for such offense, may not—
(i) become, or continue as, an institution-affiliated party with respect to any insured depository institution;
(ii) own or control, directly or indirectly, any insured depository institution; or
(iii) otherwise participate, directly or indirectly, in the conduct of the affairs of any insured depository institution; and
(B) any insured depository institution may not permit any person referred to in subparagraph (A) to engage in any conduct or continue any relationship prohibited under such subparagraph.
(2) Minimum 10-year prohibition period for certain offenses (A) In general If the offense referred to in paragraph (1)(A) in connection with any person referred to in such paragraph is—
(i) an offense under—
(I) section 215, 656, 657, 1005, 1006, 1007, 1008,11 See References in Text note below. 1014, 1032, 1344, 1517, 1956, or 1957 of title 18; or
(II) section 1341 or 1343 of such title which affects any financial institution (as defined in section 20 of such title); or
(ii) the offense of conspiring to commit any such offense,
the Corporation may not consent to any exception to the application of paragraph (1) to such person during the 10-year period beginning on the date the conviction or the agreement of the person becomes final.
(B) Exception by order of sentencing court (i) In general On motion of the Corporation, the court in which the conviction or the agreement of a person referred to in subparagraph (A) has been entered may grant an exception to the application of paragraph (1) to such person if granting the exception is in the interest of justice.
(ii) Period for filing A motion may be filed under clause (i) at any time during the 10-year period described in subparagraph (A) with regard to the person on whose behalf such motion is made.
(b) Penalty Whoever knowingly violates subsection (a) shall be fined not more than $1,000,000 for each day such prohibition is violated or imprisoned for not more than 5 years, or both.
(c) Exceptions (1) Certain older offenses (A) In general With respect to an individual, subsection (a) shall not apply to an offense if—
(i) it has been 7 years or more since the offense occurred; or
(ii) the individual was incarcerated with respect to the offense and it has been 5 years or more since the individual was released from incarceration.
(B) Offenses committed by individuals 21 or younger For individuals who committed an offense when they were 21 years of age or younger, subsection (a) shall not apply to the offense if it has been more than 30 months since the sentencing occurred.
(C) Limitation This paragraph shall not apply to an offense described under subsection (a)(2).
(2) Expungement and sealing With respect to an individual, subsection (a) shall not apply to an offense if—
(A) there is an order of expungement, sealing, or dismissal that has been issued in regard to the conviction in connection with such offense; and
(B) it is intended by the language in the order itself, or in the legislative provisions under which the order was issued, that the conviction shall be destroyed or sealed from the individuals State, Tribal, or Federal record, even if exceptions allow the record to be considered for certain character and fitness evaluation purposes.
(3) De minimis exemption (A) In general Subsection (a) shall not apply to such de minimis offenses as the Corporation determines, by rule.
(B) Confinement criteria In issuing rules under subparagraph (A), the Corporation shall include a requirement that the offense was punishable by a term of three years or less confined in a correctional facility, where such confinement—
(i) is calculated based on the time an individual spent incarcerated as a punishment or a sanction, not as pretrial detention; and
(ii) does not include probation or parole where an individual was restricted to a particular jurisdiction or was required to report occasionally to an individual or a specific location.
(C) Bad check criteria In setting the criteria for de minimis offenses under subparagraph (A), if the Corporation establishes criteria with respect to insufficient funds checks, the Corporation shall require that the aggregate total face value of all insufficient funds checks across all convictions or program entries related to insufficient funds checks is $2,000 or less.
(D) Designated lesser offenses Subsection (a) shall not apply to certain lesser offenses (including the use of a fake ID, shoplifting, trespass, fare evasion, driving with an expired license or tag, and such other low-risk offenses as the Corporation may designate) if 1 year or more has passed since the applicable conviction or program entry.
(d) Bank holding companies (1) In general Subsections (a) and (b) shall apply to any company (other than a foreign bank) that is a bank holding company and any organization organized and operated under section 25A of the Federal Reserve Act [12 U.S.C. 611 et seq.] or operating under section 25 of the Federal Reserve Act [12 U.S.C. 601 et seq.], as if such bank holding company or organization were an insured depository institution, except that such subsections shall be applied for purposes of this subsection by substituting “Board of Governors of the Federal Reserve System” for “Corporation” each place that term appears in such subsections.
(2) Authority of Board The Board of Governors of the Federal Reserve System may provide exemptions, by regulation or order, from the application of paragraph (1) if the exemption is consistent with the purposes of this subsection.
(e) Savings and loan holding companies (1) In general Subsections (a) and (b) shall apply to any savings and loan holding company as if such savings and loan holding company were an insured depository institution, except that such subsections shall be applied for purposes of this subsection by substituting “Board of Governors of the Federal Reserve System” for “Corporation” each place that term appears in such subsections.
(2) Authority of Director The Board of Governors of the Federal Reserve System may provide exemptions, by regulation or order, from the application of paragraph (1) if the exemption is consistent with the purposes of this subsection.
(f) Consent applications (1) In general The Corporation shall accept consent applications from an individual and from an insured depository institution or depository institution holding company on behalf of an individual that are filed separately or contemporaneously with a regional office of the Corporation.
(2) Sponsored applications filed with regional offices Consent applications filed at a regional office of the Corporation by an insured depository institution or depository institution holding company on behalf of an individual—
(A) shall be reviewed by such office;
(B) may be approved or denied by such office, if such authority has been delegated to such office by the Corporation; and
(C) may only be denied by such office if the general counsel of the Corporation (or a designee) certifies that the denial is consistent with this section.
(3) Individual applications filed with regional offices Consent applications filed at a regional office by an individual—
(A) shall be reviewed by such office; and
(B) may be approved or denied by such office, if such authority has been delegated to such office by the Corporation, except with respect to—
(i) cases involving an offense described under subsection (a)(2); and
(ii) such other high-level security cases as may be designated by the Corporation.
(4) National office review The national office of the Corporation shall—
(A) review any consent application with respect to which a regional office is not authorized to approve or deny the application; and
(B) review any consent application that is denied by a regional office, if the individual requests a review by the national office.
(5) Forms and instructions (A) Availability The Corporation shall make all forms and instructions related to consent applications available to the public, including on the website of the Corporation.
(B) Contents The forms and instructions described under subparagraph (A) shall provide a sample cover letter and a comprehensive list of items that may accompany the application, including clear guidance on evidence that may support a finding of rehabilitation.
(6) Consideration of criminal history (A) Regional office consideration In reviewing a consent application, a regional office shall—
(i) primarily rely on the criminal history record of the Federal Bureau of Investigation; and
(ii) provide such record to the applicant to review for accuracy.
(B) Certified copies The Corporation may not require an applicant to provide certified copies of criminal history records unless the Corporation determines that there is a clear and compelling justification to require additional information to verify the accuracy of the criminal history record of the Federal Bureau of Investigation.
(7) Consideration of rehabilitation Consistent with title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.), the Corporation shall—
(A) conduct an individualized assessment when evaluating consent applications that takes into account evidence of rehabilitation, the applicants age at the time of the conviction or program entry, the time that has elapsed since conviction or program entry, and the relationship of individuals 22 So in original. Probably should be preceded by “the”. offense to the responsibilities of the applicable position;
(B) consider the individuals employment history, letters of recommendation, certificates documenting participation in substance abuse programs, successful participating in job preparation and educational programs, and other relevant mitigating evidence; and
(C) consider any additional information the Corporation determines necessary for safety and soundness.
(8) Scope of employment With respect to an approved consent application filed by an insured depository institution or depository institution holding company on behalf of an individual, if the Corporation determines it appropriate, such approved consent application shall allow the individual to work for the same employer (without restrictions on the location) and across positions, except that the prior consent of the Corporation (which may require a new application) shall be required for any proposed significant changes in the individuals security-related duties or responsibilities, such as promotion to an officer or other positions that the employer determines will require higher security screening credentials.
(9) Coordination with the NCUA In carrying out this section, the Corporation shall consult and coordinate with the National Credit Union Administration as needed to promote consistent implementation where appropriate.
(g) Definitions In this section:
(1) Consent application The term “consent application” means an application filed with Corporation 2 by an individual (or by an insured depository institution or depository institution holding company on behalf of an individual) seeking the written consent of the Corporation under subsection (a)(1).
(2) Criminal offense involving dishonesty The term “criminal offense involving dishonesty”—
(A) means an offense under which an individual, directly or indirectly—
(i) cheats or defrauds; or
(ii) wrongfully takes property belonging to another in violation of a criminal statute;
(B) includes an offense that Federal, State, or local law defines as dishonest, or for which dishonesty is an element of the offense; and
(C) does not include—
(i) a misdemeanor criminal offense committed more than one year before the date on which an individual files a consent application, excluding any period of incarceration; or
(ii) an offense involving the possession of controlled substances.
(3) Pretrial diversion or similar program The term “pretrial diversion or similar program” means a program characterized by a suspension or eventual dismissal or reversal of charges or criminal prosecution upon agreement by the accused to restitution, drug or alcohol rehabilitation, anger management, or community service.
(Sept. 21, 1950, ch. 967, § 2[19], 64 Stat. 893; Pub. L. 10173, title IX, § 910(a), Aug. 9, 1989, 103 Stat. 477; Pub. L. 101647, title XXV, § 2502(a), Nov. 29, 1990, 104 Stat. 4860; Pub. L. 102550, title XV, § 1505, Oct. 28, 1992, 106 Stat. 4055; Pub. L. 103322, title XXXII, § 320605, Sept. 13, 1994, 108 Stat. 2119; Pub. L. 109351, title VII, § 710(a), Oct. 13, 2006, 120 Stat. 1990; Pub. L. 111203, title III, § 363(8), July 21, 2010, 124 Stat. 1554; Pub. L. 117263, div. E, title LVII, § 5705(a), Dec. 23, 2022, 136 Stat. 3411.)
## Notes
Editorial Notes
References in TextSection 1008 of title 18, referred to in subsec. (a)(2)(A)(i)(I), was repealed by Pub. L. 10173, title IX, § 961(g)(1), Aug. 9, 1989, 103 Stat. 500. Sections 25 and 25A of the Federal Reserve Act, referred to in subsec. (d)(1), are classified to subchapters I (§ 601 et seq.) and II (§ 611 et seq.), respectively, of chapter 6 of this title. The Civil Rights Act of 1964, referred to in subsec. (f)(7), is Pub. L. 88352, July 2, 1964, 78 Stat. 241. Title VII of the Act is classified generally to subchapter VI (§ 2000e et seq.) of chapter 21 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 2000a of Title 42 and Tables.
Amendments2022—Subsec. (c). Pub. L. 117263, § 5705(a)(1), added subsec. (c). Subsecs. (f), (g). Pub. L. 117263, § 5705(a)(2), added subsecs. (f) and (g). 2010—Subsec. (e). Pub. L. 111203 substituted “Board of Governors of the Federal Reserve System” for “Director of the Office of Thrift Supervision” in two places. 2006—Subsecs. (d), (e). Pub. L. 109351 added subsecs. (d) and (e). 1994—Subsec. (a)(2)(A)(i)(I). Pub. L. 103322 substituted “1517, 1956, or 1957” for “or 1956”. 1992—Subsec. (a)(1)(A). Pub. L. 102550 inserted “or money laundering” after “breach of trust”. 1990—Subsec. (a). Pub. L. 101647 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “Except with the prior written consent of the Corporation— “(1) any person who has been convicted of any criminal offense involving dishonesty or a breach of trust may not participate, directly or indirectly, in any manner in the conduct of the affairs of an insured depository institution; and “(2) an insured depository institution may not permit such participation.” 1989—Pub. L. 10173 amended section generally. Prior to amendment, section read as follows: “Except with the written consent of the Corporation, no person shall serve as a director, officer, or employee of an insured bank who has been convicted, or who is hereafter convicted, of any criminal offense involving dishonesty or a breach of trust. For each willful violation of this prohibition, the bank involved shall be subject to a penalty of not more than $100 for each day this prohibition is violated, which the Corporation may recover for its use.”
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.
Provisions Not Repealed, Modified or AffectedNothing contained in sections 201 to 205 and 207 of Pub. L. 89695 amending sections 1813 and 1817 to 1820 and repealing section 77 of this title to be construed as repealing, modifying, or affecting this section, see section 206 of Pub. L. 89695, set out as a note under section 1813 of this title.
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# 12 U.S.C. § 1829a - Participation by State nonmember insured banks in lotteries and related activities
## Text
(a) Prohibited activities A State nonmember insured bank may not—
(1) deal in lottery tickets;
(2) deal in bets used as a means or substitute for participation in a lottery;
(3) announce, advertise, or publicize the existence of any lottery; or
(4) announce, advertise, or publicize the existence or identity of any participant or winner, as such, in a lottery.
(b) Use of banking premises prohibited A State nonmember insured bank may not permit—
(1) the use of any part of any of its banking offices by any person for any purpose forbidden to the bank under subsection (a), or
(2) direct access by the public from any of its banking offices to any premises used by any person for any purpose forbidden to the bank under subsection (a).
(c) Definitions As used in this section—
(1) The term “deal in” includes making, taking, buying, selling, redeeming, or collecting.
(2) The term “lottery” includes any arrangement, other than a savings promotion raffle, whereby three or more persons (the “participants”) advance money or credit to another in exchange for the possibility or expectation that one or more but not all of the participants (the “winners”) will receive by reason of their advances more than the amounts they have advanced, the identity of the winners being determined by any means which includes—
(A) a random selection;
(B) a game, race, or contest; or
(C) any record or tabulation of the result of one or more events in which any participant has no interest except for its bearing upon the possibility that he may become a winner.
(3) 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.
(4) 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).
(d) Lawful banking services connected with operation of lottery Nothing contained in this section prohibits a State nonmember insured bank from accepting deposits or cashing or otherwise handling checks or other negotiable instruments, or performing other lawful banking services for a State operating a lottery, or for an officer or employee of that State who is charged with the administration of the lottery.
(e) Regulations; enforcement The Board of Directors shall prescribe such regulations as may be necessary to the strict enforcement of this section and the prevention of evasions thereof.
(Sept. 21, 1950, ch. 967, § 2[20], as added Pub. L. 90203, § 3, Dec. 15, 1967, 81 Stat. 610; amended Pub. L. 103325, title VI, § 602(a)(51), Sept. 23, 1994, 108 Stat. 2290; Pub. L. 113251, § 3(c), Dec. 18, 2014, 128 Stat. 2889.)
## Notes
Editorial Notes
Amendments2014—Subsec. (c)(2). Pub. L. 113251, § 3(c)(1), inserted “, other than a savings promotion raffle,” before “whereby” in introductory provisions. Subsec. (c)(4). Pub. L. 113251, § 3(c)(2), added par. (4). 1994—Subsec. (a)(3). Pub. L. 103325 inserted “or” at end.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Apr. 1, 1968, see section 6 of Pub. L. 90203, set out as a note under section 25a of this title.
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# 12 U.S.C. § 1829b - Retention of records by insured depository institutions
## Text
(a) Congressional findings and declaration of purpose (1) Findings Congress finds that—
(A) adequate records maintained by insured depository institutions have a high degree of usefulness in criminal, tax, and regulatory investigations or proceedings, and that, given the threat posed to the security of the Nation on and after the terrorist attacks against the United States on September 11, 2001, such records may also have a high degree of usefulness in the conduct of intelligence or counterintelligence activities, including analysis, to protect against domestic and international terrorism; and
(B) microfilm or other reproductions and other records made by insured depository institutions of checks, as well as records kept by such institutions, of the identity of persons maintaining or authorized to act with respect to accounts therein, have been of particular value in proceedings described in subparagraph (A).
(2) Purpose It is the purpose of this section to require the maintenance of appropriate types of records by insured depository institutions in the United States where such records have a high degree of usefulness in criminal, tax, or regulatory investigations or proceedings, recognizing that, given the threat posed to the security of the Nation on and after the terrorist attacks against the United States on September 11, 2001, such records may also have a high degree of usefulness in the conduct of intelligence or counterintelligence activities, including analysis, to protect against international terrorism.
(b) Recordkeeping regulations (1) In general Where the Secretary of the Treasury (referred to in this section as the “Secretary”) determines that the maintenance of appropriate types of records and other evidence by insured depository institutions has a high degree of usefulness in criminal, tax, or regulatory investigations or proceedings, he shall prescribe regulations to carry out the purposes of this section.
(2) Domestic funds transfers Whenever the Secretary and the Board of Governors of the Federal Reserve System (hereafter in this section referred to as the “Board”) determine that the maintenance of records, by insured depository institutions, of payment orders which direct transfers of funds over wholesale funds transfer systems has a high degree of usefulness in criminal, tax, or regulatory investigations or proceedings, the Secretary and the Board shall jointly prescribe regulations to carry out the purposes of this section with respect to the maintenance of such records.
(3) International funds transfers (A) In general The Secretary and the Board shall jointly prescribe, after consultation with State banking supervisors, final regulations requiring that insured depository institutions, businesses that provide check cashing services, money transmitting businesses, and businesses that issue or redeem money orders, travelers checks or other similar instruments maintain such records of payment orders which—
(i) involve international transactions; and
(ii) direct transfers of funds over wholesale funds transfer systems or on the books of any insured depository institution, or on the books of any business that provides check cashing services, any money transmitting business, and any business that issues or redeems money orders, travelers checks or similar instruments,
that will have a high degree of usefulness in criminal, tax, or regulatory investigations or proceedings.
(B) Factors for consideration In prescribing the regulations required under subparagraph (A), the Secretary and the Board shall consider—
(i) the usefulness in criminal, tax, or regulatory investigations or proceedings of any record required to be maintained pursuant to the proposed regulations; and
(ii) the effect the recordkeeping required pursuant to such proposed regulations will have on the cost and efficiency of the payment system.
(C) Availability of records Any records required to be maintained pursuant to the regulations prescribed under subparagraph (A) shall be submitted or made available to the Secretary or the Board upon request.
(c) Identity of persons having accounts and persons authorized to act with respect to such accounts; exemptions Subject to the requirements of any regulations prescribed jointly by the Secretary and the Board under paragraph (2) or (3) of subsection (b), each insured depository institution shall maintain such rec­ords and other evidence, in such form as the Secretary shall require, of the identity of each person having an account in the United States with the insured depository institution and of each individual authorized to sign checks, make withdrawals, or otherwise act with respect to any such account. The Secretary may make such exemptions from any requirement otherwise imposed under this subsection as are consistent with the purposes of this section.
(d) Reproduction of checks, drafts, and other instruments; record of transactions; identity of party Each insured depository institution shall make, to the extent that the regulations of the Secretary so require—
(1) a microfilm or other reproduction of each check, draft, or similar instrument drawn on it and presented to it for payment; and
(2) a record of each check, draft, or similar instrument received by it for deposit or collection, together with an identification of the party for whose account it is to be deposited or collected, unless the insured depository institution has already made a record of the partys identity pursuant to subsection (c).
(e) Identity of persons making reportable currency and foreign transactions Subject to the requirements of any regulations prescribed jointly by the Secretary and the Board under paragraph (2) or (3) of subsection (b), whenever any individual engages (whether as principal, agent, or bailee) in any transaction with an insured depository institution which is required to be reported or recorded under subchapter II of chapter 53 of title 31, the insured depository institution shall require and retain such evidence of the identity of that individual as the Secretary may prescribe as appropriate under the circumstances.
(f) Additions to or substitutes for required records Subject to the requirements of any regulations prescribed jointly by the Secretary and the Board under paragraph (2) or (3) of subsection (b) and in addition to or in lieu of the records and evidence otherwise referred to in this section, each insured depository institution shall maintain such records and evidence as the Secretary may prescribe to carry out the purposes of this section.
(g) Retention period Any type of record or evidence required under this section shall be retained for such period as the Secretary may prescribe for the type in question. Any period so prescribed shall not exceed six years unless the Secretary determines, having regard for the purposes of this section, that a longer period is necessary in the case of a particular type of record or evidence.
(h) Report to Congress by Secretary of the Treasury The Secretary shall include in his annual report to the Congress information on his implementation of the authority conferred by this section and any similar authority with respect to recordkeeping or reporting requirements conferred by other provisions of law.
(i) Application of provisions to foreign banks The provisions of this section shall not apply to any foreign bank except with respect to the transactions and records of any insured branch of such a bank.
(j) Civil penalties (1) Penalty imposed Any insured depository institution and any director, officer, or employee of an insured depository institution who willfully or through gross negligence violates, or any person who willfully causes such a violation, any regulation prescribed under subsection (b) shall be liable to the United States for a civil penalty of not more than $10,000.
(2) Treatment of continuing violation A separate violation of any regulation prescribed under subsection (b) of this section occurs for each day the violation continues and at each office, branch, or place of business at which such violation occurs.
(3) Assessment Any penalty imposed under paragraph (1) shall be assessed, mitigated, and collected in the manner provided in subsections (b) and (c) of section 5321 of title 31.
(Sept. 21, 1950, ch. 967, § 2[21], as added Pub. L. 91508, title I, § 101, Oct. 26, 1970, 84 Stat. 1114; amended Pub. L. 95369, § 6(c)(29), Sept. 17, 1978, 92 Stat. 620; Pub. L. 100690, title VI, § 6185(d)(1), Nov. 18, 1988, 102 Stat. 4356; Pub. L. 10173, title II, § 201(a), Aug. 9, 1989, 103 Stat. 187; Pub. L. 102550, title XV, §§ 1515(a), (b), 1535(b), Oct. 28, 1992, 106 Stat. 4058, 4059, 4066; Pub. L. 103325, title VI, § 602(a)(52)(54), Sept. 23, 1994, 108 Stat. 2290; Pub. L. 10756, title III, § 358(d), Oct. 26, 2001, 115 Stat. 326; Pub. L. 108458, title VI, § 6203(k), Dec. 17, 2004, 118 Stat. 3747.)
## Notes
Editorial Notes
Codification In subsec. (e), “subchapter II of chapter 53 of title 31” was substituted for “the Currency and Foreign Transactions Reporting Act [31 U.S.C. 1051 et seq.]” on authority of Pub. L. 97258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.
Amendments2004—Subsec. (a)(2). Pub. L. 108458 substituted “recognizing that” for “recognizes that”. 2001—Subsec. (a). Pub. L. 10756 reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “(1) The Congress finds that adequate records maintained by insured depository institutions have a high degree of usefulness in criminal, tax, and regulatory investigations and proceedings. The Congress further finds that microfilm or other reproductions and other records made by banks of checks, as well as records kept by banks of the identity of persons maintaining or authorized to act with respect to accounts therein, have been of particular value in this respect. “(2) It is the purpose of this section to require the maintenance of appropriate types of records by insured depository institutions in the United States where such records have a high degree of usefulness in criminal, tax, or regulatory investigations or proceedings.” 1994—Subsecs. (c), (d)(2), (e). Pub. L. 103325 substituted “the insured depository institution” for “the bank”. 1992—Subsec. (b). Pub. L. 102550, § 1515(a), inserted heading, designated existing provisions as par. (1) and inserted heading, and added pars. (2) and (3). Subsec. (c). Pub. L. 102550, § 1515(b)(1), substituted “Subject to the requirements of any regulations prescribed jointly by the Secretary and the Board under paragraph (2) or (3) of subsection (b), each insured” for “Each insured”. Subsec. (e). Pub. L. 102550, § 1515(b)(2), substituted “Subject to the requirements of any regulations prescribed jointly by the Secretary and the Board under paragraph (2) or (3) of subsection (b), whenever any” for “Whenever any”. Subsec. (f). Pub. L. 102550, § 1515(b)(3), substituted “Subject to the requirements of any regulations prescribed jointly by the Secretary and the Board under paragraph (2) or (3) of subsection (b) and in addition to” for “In addition to”. Subsec. (j)(1). Pub. L. 102550, § 1535(b), inserted “, or any person who willfully causes such a violation,” after “gross negligence violates”. 1989—Pub. L. 10173 substituted references to insured depository institutions for references to insured banks wherever appearing in this section. 1988—Subsec. (j). Pub. L. 100690 added subsec. (j). 1978—Subsec. (i). Pub. L. 95369 added subsec. (i).
Statutory Notes and Related Subsidiaries
Effective Date of 2004 AmendmentAmendment by Pub. L. 108458 effective as if included in Pub. L. 10756, as of the date of enactment of such Act, and no amendment made by Pub. L. 10756 that is inconsistent with such amendment to be deemed to have taken effect, see section 6205 of Pub. L. 108458, set out as a note under section 1828 of this title.
Effective Date of 2001 AmendmentPub. L. 10756, title III, § 358(h), Oct. 26, 2001, 115 Stat. 328, provided that: “The amendments made by this section [enacting section 1681v of Title 15, Commerce and Trade, amending this section and sections 1953, 3412, 3414, and 3420 of this title, section 1681u of Title 15, and sections 5311, 5318, and 5319 of Title 31, Money and Finance] shall apply with respect to reports filed or records maintained on, before, or after the date of enactment of this Act [Oct. 26, 2001].”
Effective DateSection effective on first day of seventh calendar month which begins after Oct. 26, 1970, except that the Secretary of the Treasury may, by regulation, provide that this section be effective on any date not earlier than the publication of such regulations in the Federal Register and not later than first day of thirteenth calendar month which begins after Oct. 26, 1970, see section 401(a), (b) of Pub. L. 91508, set out as a note under section 1951 of this title.
RegulationsPub. L. 102550, title XV, § 1515(c), Oct. 28, 1992, 106 Stat. 4059, provided that: “The initial final regulations prescribed pursuant to section 21(b)(3) of the Federal Deposit Insurance Act [12 U.S.C. 1829b(b)(3)] (as added by subsection (a)(2) of this section) shall take effect before January 1, 1994.”
Additional Criminal PenaltiesWillful violation of regulations under this section punishable by fine of not more than $10,000 or imprisonment of not more than five years, or both, when such willful violation is committed in furtherance of the commission of any violation of federal law punishable by imprisonment of more than one year, see section 1957 of this title.
Administrative ProcedureAdministrative procedure and judicial review provisions of subchapter II (§ 551 et seq.) of chapter 5 and chapter 7 (§ 701 et seq.) of Title 5, Government Organization and Employees, applicable to all proceedings under this section, see section 1959 of this title.
Responsibility for ComplianceResponsibility for the Secretary of the Treasury to assure compliance with requirements of this section, and Secretarys authority to delegate such responsibility to the appropriate bank supervisory agency, or other supervisory agency, see section 1958 of this title.
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# 12 U.S.C. § 1829c - Making online banking initiation legal and easy
## Text
(a) Definitions In this section:
(1) Affiliate The term “affiliate” has the meaning given the term in section 1841 of this title.
(2) Drivers license The term “drivers license” means a license issued by a State to an individual that authorizes the individual to operate a motor vehicle on public streets, roads, or highways.
(3) Federal bank secrecy laws The term “Federal bank secrecy laws” means—
(A) section 1829b of this title;
(B) section 1953 of this title; and
(C) subchapter II of chapter 53 of title 31.
(4) Financial institution The term “financial institution” means—
(A) an insured depository institution;
(B) an insured credit union; or
(C) any affiliate of an insured depository institution or insured credit union.
(5) Financial product or service The term “financial product or service” has the meaning given the term in section 5481 of this title.
(6) Insured credit union The term “insured credit union” has the meaning given the term in section 1752 of this title.
(7) Insured depository institution The term “insured depository institution” has the meaning given the term in section 1813 of this title.
(8) Online service The term “online service” means any Internet-based service, such as a website or mobile application.
(9) Personal identification card The term “personal identification card” means an identification document issued by a State or local government to an individual solely for the purpose of identification of that individual.
(10) Personal information The term “personal information” means the information displayed on or electronically encoded on a drivers license or personal identification card that is reasonably necessary to fulfill the purpose and uses permitted by subsection (b).
(11) Scan The term “scan” means the act of using a device or software to decipher, in an electronically readable format, personal information displayed on or electronically encoded on a drivers license or personal identification card.
(12) State The term “State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any other commonwealth, possession, or territory of the United States.
(b) Use of a drivers license or personal identification card (1) In general When an individual initiates a request through an online service to open an account with a financial institution or obtain a financial product or service from a financial institution, the financial institution may record personal information from a scan of the drivers license or personal identification card of the individual, or make a copy or receive an image of the drivers license or personal identification card of the individual, and store or retain such information in any electronic format for the purposes described in paragraph (2).
(2) Uses of information Except as required to comply with Federal bank secrecy laws, a financial institution may only use the information obtained under paragraph (1)—
(A) to verify the authenticity of the drivers license or personal identification card;
(B) to verify the identity of the individual; and
(C) to comply with a legal requirement to record, retain, or transmit the personal information in connection with opening an account or obtaining a financial product or service.
(3) Deletion of image A financial institution that makes a copy or receives an image of a drivers license or personal identification card of an individual in accordance with paragraphs (1) and (2) shall, after using the image for the purposes described in paragraph (2), permanently delete—
(A) any image of the drivers license or personal identification card, as applicable; and
(B) any copy of any such image.
(4) Disclosure of personal information Nothing in this section shall be construed to amend, modify, or otherwise affect any State or Federal law that governs a financial institutions disclosure and security of personal information that is not publicly available.
(c) Relation to State law The provisions of this section shall preempt and supersede any State law that conflicts with a provision of this section, but only to the extent of such conflict.
(Pub. L. 115174, title II, § 213, May 24, 2018, 132 Stat. 1319.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Economic Growth, Regulatory Relief, and Consumer Protection Act, and not as part of the Federal Deposit Insurance Act which comprises this chapter.
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# 12 U.S.C. § 1830 - Nondiscrimination
## Text
It is not the purpose of this chapter to discriminate in any manner against State nonmember banks or State savings associations and in favor of national or member banks or Federal savings associations, respectively. It is the purpose of this chapter to provide all banks and savings associations with the same opportunity to obtain and enjoy the benefits of this chapter.
(Sept. 21, 1950, ch. 967, § 2[22], formerly § 2[20], 64 Stat. 893; renumbered § 2[21], Pub. L. 90203, § 3, Dec. 15, 1967, 81 Stat. 610; renumbered § 2[22], Pub. L. 91508, title I, § 101, Oct. 26, 1970, 84 Stat. 1114; amended Pub. L. 10173, title II, § 223, Aug. 9, 1989, 103 Stat. 273.)
## Notes
Editorial Notes
Prior ProvisionsSection is derived from subsec. (y) of former section 264 of this title. See Codification note set out under section 1811 of this title.
Amendments1989—Pub. L. 10173 amended section generally. Prior to amendment, section read as follows: “It is not the purpose of this chapter to discriminate in any manner against State nonmember banks and in favor of national or member banks; but the purpose is to provide all banks with the same opportunity to obtain and enjoy the benefits of this chapter. No bank shall be discriminated against because its capital stock is less than the amount required for eligibility for admission into the Federal Reserve System.”
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# 12 U.S.C. § 1831 - Separability of certain provisions of this chapter
## Text
The provisions of this chapter limiting the insurance of the deposits of any depositor to a maximum less than the full amount shall be independent and separable from each and all of the provisions of this chapter.
(Sept. 21, 1950, ch. 967, § 2[23], formerly § 2[21], 64 Stat. 894; renumbered § 2[22], Pub. L. 90203, § 3, Dec. 15, 1967, 81 Stat. 610; renumbered § 2[23], Pub. L. 91508, title I, § 101, Oct. 26, 1970, 84 Stat. 1114.)
## Notes
Editorial Notes
Prior ProvisionsSection is derived from subsec. (z) of former section 264 of this title. See Codification note set out under section 1811 of this title.
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# 12 U.S.C. § 1831a - Activities of insured State banks
## Text
(a) Permissible activities (1) In general After the end of the 1-year period beginning on December 19, 1991, an insured State bank may not engage as principal in any type of activity that is not permissible for a national bank unless—
(A) the Corporation has determined that the activity would pose no significant risk to the Deposit Insurance Fund; and
(B) the State bank is, and continues to be, in compliance with applicable capital standards prescribed by the appropriate Federal banking agency.
(2) Processing period (A) In general The Corporation shall make a determination under paragraph (1)(A) not later than 60 days after receipt of a completed application that may be required under this subsection.
(B) Extension of time period The Corporation may extend the 60-day period referred to in subparagraph (A) for not more than 30 additional days, and shall notify the applicant of any such extension.
(b) Insurance underwriting (1) In general Notwithstanding subsection (a), an insured State bank may not engage in insurance underwriting except to the extent that activity is permissible for national banks.
(2) Exception for certain federally reinsured crop insurance Notwithstanding any other provision of law, an insured State bank or any of its subsidiaries that provided insurance on or before September 30, 1991, which was reinsured in whole or in part by the Federal Crop Insurance Corporation may continue to provide such insurance.
(c) Equity investments by insured State banks (1) In general An insured State bank may not, directly or indirectly, acquire or retain any equity investment of a type that is not permissible for a national bank.
(2) Exception for certain subsidiaries Paragraph (1) shall not prohibit an insured State bank from acquiring or retaining an equity investment in a subsidiary of which the insured State bank is a majority owner.
(3) Exception for qualified housing projects (A) Exception Notwithstanding any other provision of this subsection, an insured State bank may invest as a limited partner in a partnership, the sole purpose of which is direct or indirect investment in the acquisition, rehabilitation, or new construction of a qualified housing project.
(B) Limitation The aggregate of the investments of any insured State bank pursuant to this paragraph shall not exceed 2 percent of the total assets of the bank.
(C) Qualified housing project defined As used in this paragraph—
(i) Qualified housing project The term “qualified housing project” means residential real estate that is intended to primarily benefit lower income people throughout the period of the investment.
(ii) Lower income The term “lower income” means income that is less than or equal to the median income based on statistics from State or Federal sources.
(4) Transition rule (A) In general The Corporation shall require any insured State bank to divest any equity investment the retention of which is not permissible under this subsection as quickly as can be prudently done, and in any event before the end of the 5-year period beginning on December 19, 1991.
(B) Treatment of noncompliance during divestment With respect to any equity investment held by any insured State bank on December 19, 1991, which was lawfully acquired before December 19, 1991, the bank shall be deemed not to be in violation of the prohibition in this subsection on retaining such investment so long as the bank complies with the applicable requirements established by the Corporation for divesting such investments.
(d) Subsidiaries of insured State banks (1) In general After the end of the 1-year period beginning on December 19, 1991, a subsidiary of an insured State bank may not engage as principal in any type of activity that is not permissible for a subsidiary of a national bank unless—
(A) the Corporation has determined that the activity poses no significant risk to the Deposit Insurance Fund; and
(B) the bank is, and continues to be, in compliance with applicable capital standards prescribed by the appropriate Federal banking agency.
(2) Insurance underwriting prohibited (A) Prohibition Notwithstanding paragraph (1), no subsidiary of an insured State bank may engage in insurance underwriting except to the extent such activities are permissible for national banks.
(B) Continuation of existing activities Notwithstanding subparagraph (A), a well-capitalized insured State bank or any of its subsidiaries that was lawfully providing insurance as principal in a State on November 21, 1991, may continue to provide, as principal, insurance of the same type to residents of the State (including companies or partnerships incorporated in, organized under the laws of, licensed to do business in, or having an office in the State, but only on behalf of their employees resident in or property located in the State), individuals employed in the State, and any other person to whom the bank or subsidiary has provided insurance as principal, without interruption, since such person resided in or was employed in such State.
(C) Exception Subparagraph (A) does not apply to a subsidiary of an insured State bank if—
(i) the insured State bank was required, before June 1, 1991, to provide title insurance as a condition of the banks initial chartering under State law; and
(ii) control of the insured State bank has not changed since that date.
(3) Processing period (A) In general The Corporation shall make a determination under paragraph (1)(A) not later than 60 days after receipt of a completed application that may be required under this subsection.
(B) Extension of time period The Corporation may extend the 60-day period referred to in subparagraph (A) for not more than 30 additional days, and shall notify the applicant of any such extension.
(e) Savings bank life insurance (1) In general No provision of this chapter shall be construed as prohibiting or impairing the sale or underwriting of savings bank life insurance, or the ownership of stock in a savings bank life insurance company, by any insured bank which—
(A) is located in the Commonwealth of Massachusetts or the State of New York or Connecticut; and
(B) meets applicable consumer disclosure requirements with respect to such insurance.
(2) FDIC finding and action regarding risk (A) Finding Before the end of the 1-year period beginning on December 19, 1991, the Corporation shall make a finding whether savings bank life insurance activities of insured banks pose or may pose any significant risk to the Deposit Insurance Fund.
(B) Actions (i) In general The Corporation shall, pursuant to any finding made under subparagraph (A), take appropriate actions to address any risk that exists or may subsequently develop with respect to insured banks described in paragraph (1)(A).
(ii) Authorized actions Actions the Corporation may take under this subparagraph include requiring the modification, suspension, or termination of insurance activities conducted by any insured bank if the Corporation finds that the activities pose a significant risk to any insured bank described in paragraph (1)(A) or to the Deposit Insurance Fund.
(f) Common and preferred stock investment (1) In general An insured State bank shall not acquire or retain, directly or indirectly, any equity investment of a type or in an amount that is not permissible for a national bank or is not otherwise permitted under this section.
(2) Exception for banks in certain States Notwithstanding paragraph (1), an insured State bank may, to the extent permitted by the Corporation, acquire and retain ownership of securities described in paragraph (1) to the extent the aggregate amount of such investment does not exceed an amount equal to 100 percent of the banks capital if such bank—
(A) is located in a State that permitted, as of September 30, 1991, investment in common or preferred stock listed on a national securities exchange or shares of an investment company registered under the Investment Company Act of 1940 [15 U.S.C. 80a1 et seq.]; and
(B) made or maintained an investment in such securities during the period beginning on September 30, 1990, and ending on November 26, 1991.
(3) Exception for certain types of institutions Notwithstanding paragraph (1), an insured State bank may—
(A) acquire not more than 10 percent of a corporation that only—
(i) provides directors, trustees, and officers liability insurance coverage or bankers blanket bond group insurance coverage for insured depository institutions; or
(ii) reinsures such policies; and
(B) acquire or retain shares of a depository institution if—
(i) the institution engages only in activities permissible for national banks;
(ii) the institution is subject to examination and regulation by a State bank supervisor;
(iii) 20 or more depository institutions own shares of the institution and none of those institutions owns more than 15 percent of the institutions shares; and
(iv) the institutions shares (other than directors qualifying shares or shares held under or initially acquired through a plan established for the benefit of the institutions officers and employees) are owned only by the institution.
(4) Transition period for common and preferred stock investments (A) In general During each year in the 3-year period beginning on December 19, 1991, each insured State bank shall reduce by not less than 1/3 of its shares (as of December 19, 1991) the banks ownership of securities in excess of the amount equal to 100 percent of the capital of such bank.
(B) Compliance at end of period By the end of the 3-year period referred to in subparagraph (A), each insured State bank and each subsidiary of a State bank shall be in compliance with the maximum amount limitations on investments referred to in paragraph (1).
(5) Loss of exception upon acquisition Any exception applicable under paragraph (2) with respect to any insured State bank shall cease to apply with respect to such bank upon any change in control of such bank or any conversion of the charter of such bank.
(6) Notice and approval An insured State bank may only engage in any investment pursuant to paragraph (2) if—
(A) the bank has filed a 1-time notice of the banks intention to acquire and retain investments described in paragraph (1); and
(B) the Corporation has determined, within 60 days of receiving such notice, that acquiring or retaining such investments does not pose a significant risk to the Deposit Insurance Fund.
(7) Divestiture (A) In general The Corporation may require divestiture by an insured State bank of any investment permitted under this subsection if the Corporation determines that such investment will have an adverse effect on the safety and soundness of the bank.
(B) Reasonable standard The Corporation shall not require divestiture by any bank pursuant to subparagraph (A) without reason to believe that such investment will have an adverse effect on the safety and soundness of the bank.
(g) Determinations The Corporation shall make determinations under this section by regulation or order.
(h) “Activity” defined For purposes of this section, the term “activity” includes acquiring or retaining any investment.
(i) Other authority not affected This section shall not be construed as limiting the authority of any appropriate Federal banking agency or any State supervisory authority to impose more stringent restrictions.
(j) Activities of branches of out-of-State banks (1) Application of host State law The laws of a host State, including laws regarding community reinvestment, consumer protection, fair lending, and establishment of intrastate branches, shall apply to any branch in the host State of an out-of-State State bank to the same extent as such State laws apply to a branch in the host State of an out-of-State national bank. To the extent host State law is inapplicable to a branch of an out-of-State State bank in such host State pursuant to the preceding sentence, home State law shall apply to such branch.
(2) Activities of branches An insured State bank that establishes a branch in a host State may conduct any activity at such branch that is permissible under the laws of the home State of such bank, to the extent such activity is permissible either for a bank chartered by the host State (subject to the restrictions in this section) or for a branch in the host State of an out-of-State national bank.
(3) Savings provision No provision of this subsection shall be construed as affecting the applicability of—
(A) any State law of any home State under subsection (b), (c), or (d) of section 1831u of this title; or
(B) Federal law to State banks and State bank branches in the home State or the host State.
(4) Definitions The terms “host State”, “home State”, and “out-of-State bank” have the same meanings as in section 1831u(f) 11 See References in Text note below. of this title.
(Sept. 21, 1950, ch. 967, § 2[24], as added Pub. L. 102242, title III, § 303(a), Dec. 19, 1991, 105 Stat. 2349; amended Pub. L. 102550, title XVI, § 1605(a)(8), Oct. 28, 1992, 106 Stat. 4086; Pub. L. 103328, title I, § 102(b)(3)(B), Sept. 29, 1994, 108 Stat. 2351; Pub. L. 104208, div. A, title II, §§ 2217, 2704(d)(14)(W), Sept. 30, 1996, 110 Stat. 3009414, 3009494; Pub. L. 10524, § 2(a), July 3, 1997, 111 Stat. 238; Pub. L. 109171, title II, § 2102(b), Feb. 8, 2006, 120 Stat. 9; Pub. L. 109173, § 8(a)(31), Feb. 15, 2006, 119 Stat. 3615.)
## Notes
Editorial Notes
References in TextThe Investment Company Act of 1940, referred to in subsec. (f)(2)(A), is title I of act Aug. 22, 1940, ch. 686, 54 Stat. 789, which is classified generally to subchapter I (§ 80a1 et seq.) of chapter 2D of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see section 80a51 of Title 15 and Tables. Section 1831u of this title, referred to in subsec. (j)(4), was subsequently amended, and subsec. (f) of section 1831u no longer defines the terms “host State”, “home State”, and “out-of-State bank”. However, such terms are defined elsewhere in that section.
Prior ProvisionsA prior section 1831a, act Sept. 21, 1950, ch. 967, § 2[24], as added Dec. 28, 1979, Pub. L. 96161, title II, § 202, 93 Stat. 1235, provided that if the applicable rate prescribed in subsec. (a) exceeded the rate a State bank would be permitted to charge in absence of that subsection, that State bank could for a business or agricultural loan of $25,000 or more, notwithstanding State law, take or charge on any evidence of debt, interest of not more than 5 per centum in excess of the discount rate in effect at the Federal Reserve Bank in the district where the bank was located, that the taking or charging of interest at a greater rate than that prescribed by subsec. (a), if knowingly done, would be deemed a forfeit of the entire interest on that particular evidence of debt, and that if such greater rate of interest had already been paid, the payor could recover twice the amount of such payment in a civil action commenced within two years of such payment, prior to repeal by Pub. L. 96221, title V, § 529, Mar. 31, 1980, 94 Stat. 168, effective at close of Mar. 31, 1980. Another prior section 1831a, act Sept. 21, 1950, ch. 967, § 2[24], as added Nov. 5, 1979, Pub. L. 96104, title I, § 102, 93 Stat. 789, identical to this section as added by Pub. L. 96161, was repealed by section 212 of Pub. L. 96161, effective at the close of Dec. 27, 1979, except that its provisions would continue to apply to any loan made in any State on or after Nov. 5, 1979, but prior to such repeal. Another prior section 1831a, act Sept. 21, 1950, ch. 967, § 2[24], as added Oct. 29, 1974, Pub. L. 93501, title II, § 202, 88 Stat. 1558, identical to this section as added by Pub. L. 96104, was repealed by section 1 of Pub. L. 96104 except that its provisions shall continue to apply to any loan made in any State during the period specified in section 206 of Pub. L. 93501.
Amendments2006—Subsecs. (a)(1)(A), (d)(1)(A). Pub. L. 109173, § 8(a)(31)(A), substituted “Deposit Insurance Fund” for “appropriate deposit insurance fund”. Pub. L. 109171 repealed Pub. L. 104208, § 2704(d)(14)(W). See 1996 Amendment note below. Subsec. (e)(2)(A). Pub. L. 109173, § 8(a)(31)(B), substituted “risk to the Deposit Insurance Fund.” for “risk to the insurance fund of which such banks are members.” Subsecs. (e)(2)(B)(ii), (f)(6)(B). Pub. L. 109173, § 8(a)(31)(C), substituted “the Deposit Insurance Fund” for “the insurance fund of which such bank is a member”. 1997—Subsec. (j). Pub. L. 10524 amended subsec. (j) generally, substituting pars. (1) to (4) for former pars. (1) to (3) relating to general provisions, activities of branches, and definitions, respectively. 1996—Subsec. (a). Pub. L. 104208, § 2217(1), substituted “Permissible activities” for “In general” in heading, designated existing provisions as par. (1) and inserted heading, redesignated former pars. (1) and (2) as subpars. (A) and (B) of par. (1), respectively, and realigned margins, and added par. (2). Subsec. (a)(1)(A). Pub. L. 104208, § 2704(d)(14)(W), which directed substitution of “Deposit Insurance Fund” for “appropriate deposit insurance fund”, was repealed by Pub. L. 109171. See Effective Date of 1996 Amendment note below and 2006 Amendment note above. Subsec. (d)(1)(A). Pub. L. 104208, § 2704(d)(14)(W), which directed substitution of “Deposit Insurance Fund” for “appropriate deposit insurance fund”, was repealed by Pub. L. 109171. See Effective Date of 1996 Amendment note below and 2006 Amendment note above. Subsec. (d)(3). Pub. L. 104208, § 2217(2), added par. (3). 1994—Subsec. (j). Pub. L. 103328 added subsec. (j). 1992—Subsec. (e)(1)(B). Pub. L. 102550 amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “meets the consumer disclosure requirements under section 1828(k) of this title with respect to such insurance.”
Statutory Notes and Related Subsidiaries
Effective Date of 2006 AmendmentAmendment by Pub. L. 109173 effective Mar. 31, 2006, see section 8(b) of Pub. L. 109173, set out as a note under section 1813 of this title. Amendment by Pub. L. 109171 effective no later than the first day of the first calendar quarter that begins after the end of the 90-day period beginning Feb. 8, 2006, see section 2102(c) of Pub. L. 109171, set out as a Merger of BIF and SAIF note under section 1821 of this title.
Effective Date of 1996 AmendmentAmendment by section 2704(d)(14)(W) of Pub. L. 104208 effective Jan. 1, 1999, if no insured depository institution is a savings association on that date, see section 2704(c) of Pub. L. 104208, formerly set out as a note under section 1821 of this title.
Effective Date of 1992 AmendmentAmendment by Pub. L. 102550 effective as if included in the Federal Deposit Insurance Corporation Improvement Act of 1991, Pub. L. 102242, as of Dec. 19, 1991, see section 1609(a) of Pub. L. 102550, set out as a note under section 191 of this title.
Right of State To Opt OutPub. L. 10524, § 3, July 3, 1997, 111 Stat. 239, provided that: “Nothing in this Act [amending this section and section 36 of this title and enacting provisions set out as a note under section 1811 of this title] alters the right of States under section 525 of Public Law 96221 [12 U.S.C. 1785 note].”
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# 12 U.S.C. § 1831aa - Enforcement of agreements
## Text
(a) In general Notwithstanding clause (i) or (ii) of section 1818(b)(6)(A) of this title or section 1831o(e)(2)(E)(i) of this title, the appropriate Federal banking agency for a depository institution may enforce, under section 1818 of this title, the terms of—
(1) any condition imposed in writing by the agency on the depository institution or an institution-affiliated party in connection with any action on any application, notice, or other request concerning the depository institution; or
(2) any written agreement entered into between the agency and the depository institution or an institution-affiliated party.
(b) Receiverships and conservatorships After the appointment of the Corporation as the receiver or conservator for a depository institution, the Corporation may enforce any condition or agreement described in paragraph (1) or (2) of subsection (a) imposed on or entered into with such institution or institution-affiliated party through an action brought in an appropriate United States district court.
(Sept. 21, 1950, ch. 967, § 2[50], as added Pub. L. 109351, title VII, § 702(a), Oct. 13, 2006, 120 Stat. 1985.)
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# 12 U.S.C. § 1831b - Disclosures with respect to certain federally related mortgage loans
## Text
(a) Identity of beneficiary interest as condition for a loan; report to Corporation No insured depository institution, insured branch of a foreign bank, or mutual savings or cooperative bank which is not an insured depository institution, shall make any federally related mortgage loan to any agent, trustee, nominee, or other person acting in a fiduciary capacity without the prior condition that the identity of the person receiving the beneficial interest of such loan shall at all times be revealed to the insured depository institution, insured branch, or bank. At the request of the Corporation, the insured depository institution, insured branch, or bank shall report to the Corporation on the identity of such person and the nature and amount of the loan, discount, or other extension of credit.
(b) Enforcement; bank status In addition to other available remedies, this section may be enforced with respect to mutual savings and cooperative banks which are not insured depository institutions in accordance with section 1818 of this title, and for such purpose such mutual savings and cooperative banks shall be held and considered to be State nonmember insured banks and the appropriate Federal agency with respect to such mutual savings and cooperative banks shall be the Federal Deposit Insurance Corporation.
(Sept. 21, 1950, ch. 967, § 2[25], as added Pub. L. 93533, § 11(a), Dec. 22, 1974, 88 Stat. 1729; amended Pub. L. 95369, § 6(c)(30), Sept. 17, 1978, 92 Stat. 620; Pub. L. 10173, title II, § 201(a), Aug. 9, 1989, 103 Stat. 187; Pub. L. 103325, title VI, § 602(a)(55), Sept. 23, 1994, 108 Stat. 2290.)
## Notes
Editorial Notes
Amendments1994—Subsec. (a). Pub. L. 103325 substituted “the insured depository institution, insured branch, or bank” for “the bank” in two places. 1989—Pub. L. 10173 substituted references to insured depository institutions for references to insured banks wherever appearing in this section. 1978—Subsec. (a). Pub. L. 95369 inserted “insured branch of a foreign bank” after “No insured bank”.
Statutory Notes and Related Subsidiaries
Effective DateSection effective 180 days after Dec. 22, 1974, see section 20 of Pub. L. 93533, set out as a note under section 2601 of this title.
Exemptions; RegulationsPub. L. 93533, § 11(c), Dec. 22, 1974, 88 Stat. 1729, provided that: “The Federal Deposit Insurance Corporation or the Federal Home Loan Bank Board as appropriate may by regulation exempt classes or types of transactions from the provisions added by this section [enacting this section and section 1730f of this title] if the Corporation or the Board determines that the purposes of such provisions would not be advanced materially by their application to such transactions.”
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# 12 U.S.C. § 1831bb - Capital requirements for certain acquisition, development, or construction loans
## Text
(a) In general The appropriate Federal banking agencies may only require a depository institution to assign a heightened risk weight to a high volatility commercial real estate (HVCRE) exposure (as such term is defined under section 324.2 of title 12, Code of Federal Regulations, as of October 11, 2017, or if a successor regulation is in effect as of May 24, 2018, such term or any successor term contained in such successor regulation) under any risk-based capital requirement if such exposure is an HVCRE ADC loan.
(b) HVCRE ADC loan defined For purposes of this section and with respect to a depository institution, the term “HVCRE ADC loan”—
(1) means a credit facility secured by land or improved real property that, prior to being reclassified by the depository institution as a non-HVCRE ADC loan pursuant to subsection (d)—
(A) primarily finances, has financed, or refinances the acquisition, development, or construction of real property;
(B) has the purpose of providing financing to acquire, develop, or improve such real property into income-producing real property; and
(C) is dependent upon future income or sales proceeds from, or refinancing of, such real property for the repayment of such credit facility;
(2) does not include a credit facility financing—
(A) the acquisition, development, or construction of properties that are—
(i) one- to four-family residential properties;
(ii) real property that would qualify as an investment in community development; or
(iii) agricultural land;
(B) the acquisition or refinance of existing income-producing real property secured by a mortgage on such property, if the cash flow being generated by the real property is sufficient to support the debt service and expenses of the real property, in accordance with the institutions applicable loan underwriting criteria for permanent financings;
(C) improvements to existing income-producing improved real property secured by a mortgage on such property, if the cash flow being generated by the real property is sufficient to support the debt service and expenses of the real property, in accordance with the institutions applicable loan underwriting criteria for permanent financings; or
(D) commercial real property projects in which—
(i) the loan-to-value ratio is less than or equal to the applicable maximum supervisory loan-to-value ratio as determined by the appropriate Federal banking agency;
(ii) the borrower has contributed capital of at least 15 percent of the real propertys appraised, “as completed” value to the project in the form of—
(I) cash;
(II) unencumbered readily marketable assets;
(III) paid development expenses out-of-pocket; or
(IV) contributed real property or improvements; and
(iii) the borrower contributed the minimum amount of capital described under clause (ii) before the depository institution advances funds (other than the advance of a nominal sum made in order to secure the depository institutions lien against the real property) under the credit facility, and such minimum amount of capital contributed by the borrower is contractually required to remain in the project until the credit facility has been reclassified by the depository institution as a non-HVCRE ADC loan under subsection (d);
(3) does not include any loan made prior to January 1, 2015; and
(4) does not include a credit facility reclassified as a non-HVCRE ADC loan under subsection (d).
(c) Value of contributed real property For purposes of this section, the value of any real property contributed by a borrower as a capital contribution shall be the appraised value of the property as determined under standards prescribed pursuant to section 3339 of this title, in connection with the extension of the credit facility or loan to such borrower.
(d) Reclassification as a Non-HVRCE ADC loan For purposes of this section and with respect to a credit facility and a depository institution, upon—
(1) the substantial completion of the development or construction of the real property being financed by the credit facility; and
(2) cash flow being generated by the real property being sufficient to support the debt service and expenses of the real property,
in accordance with the institutions applicable loan underwriting criteria for permanent financings, the credit facility may be reclassified by the depository institution as a Non-HVCRE ADC loan.
(e) Existing authorities Nothing in this section shall limit the supervisory, regulatory, or enforcement authority of an appropriate Federal banking agency to further the safe and sound operation of an institution under the supervision of the appropriate Federal banking agency.
(Sept. 21, 1950, ch. 967, § 2[51], as added Pub. L. 115174, title II, § 214, May 24, 2018, 132 Stat. 1321.)
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# 12 U.S.C. § 1831c - Assuring consistent oversight of subsidiaries of holding companies
## Text
(a) Definitions For purposes of this section:
(1) Board The term “Board” means the Board of Governors of the Federal Reserve System.
(2) Functionally regulated subsidiary The term “functionally regulated subsidiary” has the same meaning as in section 1844(c)(5) 11 See References in Text note below. of this title.
(3) Lead insured depository institution The term “lead insured depository institution” has the same meaning as in section 1841(o)(8) 1 of this title.
(b) Examination requirements Subject to subtitle B of the Consumer Financial Protection Act of 2010 [12 U.S.C. 5511 et seq.], the Board shall examine the activities of a nondepository institution subsidiary (other than a functionally regulated subsidiary or a subsidiary of a depository institution) of a depository institution holding company that are permissible for the insured depository institution subsidiaries of the depository institution holding company in the same manner, subject to the same standards, and with the same frequency as would be required if such activities were conducted in the lead insured depository institution of the depository institution holding company.
(c) State coordination (1) Consultation and coordination If a nondepository institution subsidiary is supervised by a State bank supervisor or other State regulatory authority, the Board, in conducting the examinations required in subsection (b), shall consult and coordinate with such State regulator.
(2) Alternating examinations permitted The examinations required under subsection (b) may be conducted in joint or alternating manner with a State regulator, if the Board determines that an examination of a nondepository institution subsidiary conducted by the State carries out the purposes of this section.
(d) Appropriate Federal banking agency backup examination authority (1) In general In the event that the Board does not conduct examinations required under subsection (b) in the same manner, subject to the same standards, and with the same frequency as would be required if such activities were conducted by the lead insured depository institution subsidiary of the depository institution holding company, the appropriate Federal banking agency for the lead insured depository institution may recommend in writing (which shall include a written explanation of the concerns giving rise to the recommendation) that the Board perform the examination required under subsection (b).
(2) Examination by an appropriate Federal banking agency If the Board does not, before the end of the 60-day period beginning on the date on which the Board receives a recommendation under paragraph (1), begin an examination as required under subsection (b) or provide a written explanation or plan to the appropriate Federal banking agency making such recommendation responding to the concerns raised by the appropriate Federal banking agency for the lead insured depository institution, the appropriate Federal banking agency for the lead insured depository institution may, subject to the Consumer Financial Protection Act of 2010, examine the activities that are permissible for a depository institution subsidiary conducted by such nondepository institution subsidiary (other than a functionally regulated subsidiary or a subsidiary of a depository institution) of the depository institution holding company as if the nondepository institution subsidiary were an insured depository institution for which the appropriate Federal banking agency of the lead insured depository institution was the appropriate Federal banking agency, to determine whether the activities—
(A) pose a material threat to the safety and soundness of any insured depository institution subsidiary of the depository institution holding company;
(B) are conducted in accordance with applicable Federal law; and
(C) are subject to appropriate systems for monitoring and controlling the financial, operating, and other material risks of the activities that may pose a material threat to the safety and soundness of the insured depository institution subsidiaries of the holding company.
(3) Agency coordination with the Board An appropriate Federal banking agency that conducts an examination pursuant to paragraph (2) shall coordinate examination of the activities of nondepository institution subsidiaries described in subsection (b) with the Board in a manner that—
(A) avoids duplication;
(B) shares information relevant to the supervision of the depository institution holding company;
(C) achieves the objectives of subsection (b); and
(D) ensures that the depository institution holding company and the subsidiaries of the depository institution holding company are not subject to conflicting supervisory demands by such agency and the Board.
(4) Fee permitted for examination costs An appropriate Federal banking agency that conducts an examination or enforcement action pursuant to this section may collect an assessment, fee, or such other charge from the subsidiary as the appropriate Federal banking agency determines necessary or appropriate to carry out the responsibilities of the appropriate Federal banking agency in connection with such examination.
(e) Referrals for enforcement by appropriate Federal banking agency (1) Recommendation of enforcement action The appropriate Federal banking agency for the lead insured depository institution, based upon its examination of a nondepository institution subsidiary conducted pursuant to subsection (d), or other relevant information, may submit to the Board, in writing, a recommendation that the Board take enforcement action against such nondepository institution subsidiary, together with an explanation of the concerns giving rise to the recommendation, if the appropriate Federal banking agency determines (by a vote of its members, if applicable) that the activities of the nondepository institution subsidiary pose a material threat to the safety and soundness of any insured depository institution subsidiary of the depository institution holding company.
(2) Back-up authority of the appropriate Federal banking agency If, within the 60-day period beginning on the date on which the Board receives a recommendation under paragraph (1), the Board does not take enforcement action against the nondepository institution subsidiary or provide a plan for supervisory or enforcement action that is acceptable to the appropriate Federal banking agency that made the recommendation pursuant to paragraph (1), such agency may take the recommended enforcement action against the nondepository institution subsidiary, in the same manner as if the nondepository institution subsidiary were an insured depository institution for which the agency was the appropriate Federal banking agency.
(f) Coordination among appropriate Federal banking agencies Each Federal banking agency, prior to or when exercising authority under subsection (d) or (e) shall—
(1) provide reasonable notice to, and consult with, the appropriate Federal banking agency or State bank supervisor (or other State regulatory agency) of the nondepository institution subsidiary of a depository institution holding company that is described in subsection (d) before commencing any examination of the subsidiary;
(2) to the fullest extent possible—
(A) rely on the examinations, inspections, and reports of the appropriate Federal banking agency or the State bank supervisor (or other State regulatory agency) of the subsidiary;
(B) avoid duplication of examination activities, reporting requirements, and requests for information; and
(C) ensure that the depository institution holding company and the subsidiaries of the depository institution holding company are not subject to conflicting supervisory demands by the appropriate Federal banking agencies.
(g) Rule of construction No provision of this section shall be construed as limiting any authority of the Board, the Corporation, or the Comptroller of the Currency under any other provision of law.
(Sept. 21, 1950, ch. 967, § 2[26], as added Pub. L. 111203, title VI, § 605(a), July 21, 2010, 124 Stat. 1604.)
## Notes
Editorial Notes
References in TextSection 1844(c)(5) of this title, referred to in subsec. (a)(2), was in the original “section 5(c)(5) of the Bank Holding Company Act” and was translated as reading “section 5(c)(5) of the Bank Holding Company Act of 1956” to reflect the probable intent of Congress. Section 1841(o)(8) of this title, referred to in subsec. (a)(3), was in the original “section 2(o)(8) of the Bank Holding Company Act” and was translated as reading “section 2(o)(8) of the Bank Holding Company Act of 1956” to reflect the probable intent of Congress. The Consumer Financial Protection Act of 2010, referred to in subsecs. (b) and (d)(2), is title X of Pub. L. 111203, July 21, 2010, 124 Stat. 1955, which enacted subchapter V (§ 5481 et seq.) of chapter 53 of this title and enacted, amended, and repealed numerous other sections and notes in the Code. Subtitle B of the Act is classified generally to part B (§ 5511 et seq.) of subchapter V of chapter 53 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.
Prior ProvisionsA prior section 1831c, act Sept. 21, 1950, ch. 967, § 2[26], as added Nov. 10, 1978, Pub. L. 95630, title XII, § 1205, 92 Stat. 3711; amended Oct. 15, 1982, Pub. L. 97320, title I, § 113(p), 96 Stat. 1474; Jan. 12, 1983, Pub. L. 97457, § 3, 96 Stat. 2507, which related to conversion, merger, or consolidation of mutual savings banks into Federal savings banks or savings banks which are insured institutions within meaning of former section 1724 of this title, was repealed by Pub. L. 103325, title VI, § 602(f)(1), Sept. 23, 1994, 108 Stat. 2292.
Statutory Notes and Related Subsidiaries
Effective DatePub. L. 111203, title VI, § 605(b), July 21, 2010, 124 Stat. 1607, provided that: “The amendment made by subsection (a) [enacting this section] shall take effect on the transfer date.” [For definition of “transfer date” as used in section 605(b) of Pub. L. 111203, set out above, see section 5301 of this title.]
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# 12 U.S.C. § 1831cc - Data standards
## Text
(a) Definition In this section, the term “financial company” has the meaning given the term in section 201(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5381(a)).
(b) Requirement The Corporation shall, by rule, adopt data standards for all collections of information with respect to information received by the Corporation from any depository institution or financial company under this chapter or under title II of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5381 et seq.).
(c) Consistency The data standards required under subsection (b) shall incorporate, and ensure compatibility with (to the extent feasible), all applicable data standards established in the rules promulgated under section 5334 of this title, including, to the extent practicable, by having the characteristics described in clauses (i) through (vi) of subsection (c)(1)(B) of such section 5334.
(Sept. 21, 1950, ch. 967, § 2[52], as added Pub. L. 117263, div. E, title LVIII, § 5831, Dec. 23, 2022, 136 Stat. 3430.)
## Notes
Editorial Notes
References in TextThe Dodd-Frank Wall Street Reform and Consumer Protection Act, referred to in subsec. (b), is Pub. L. 111203, July 21, 2010, 124 Stat. 1376. Title II of the Act is classified principally to subchapter II (§ 5381 et seq.) of chapter 53 of this title. For complete classification of the Act to the Code, see Short Title note set out under section 5301 of this title and Tables.
Statutory Notes and Related Subsidiaries
RulemakingPub. L. 117263, div. E, title LVIII, § 5833, Dec. 23, 2022, 136 Stat. 3431, provided that: “(a) In General.—The Federal Deposit Insurance Corporation shall issue rules to carry out the amendments made by this subtitle [subtitle C (§§ 58315834) of title LVIII of div. E of Pub. L. 117263, enacting this section and section 1831dd of this title], which shall take effect not later than 2 years after the date on which final rules are promulgated under section 124(b)(2) of the Financial Stability Act of 2010 [12 U.S.C. 5334(b)(2)], as added by section 5811(a) of this title. “(b) Scaling of Regulatory Requirements; Minimizing Disruption.—In issuing the rules required under subsection (a), the Federal Deposit Insurance Corporation—“(1) may scale data reporting requirements in order to reduce any unjustified burden on smaller regulated entities; and “(2) shall seek to minimize disruptive changes to the persons affected by those regulations.”
Rule of Construction Regarding No New Disclosure RequirementsPub. L. 117263, div. E, title LVIII, § 5834, Dec. 23, 2022, 136 Stat. 3431, provided that: “Nothing in this title [probably means “this subtitle”, subtitle C (§§ 58315834) of title LVIII of div. E of Pub. L. 117263, enacting this section, section 1831dd of this title, and provisions set out as a note under this section], or the amendments made by this title, shall be construed to require the Federal Deposit Insurance Corporation to collect or make publicly available additional information under the Acts amended by this title (or under any provision of law referenced in an amendment made by this title), beyond information that was collected or made publicly available under any such provision, as of the day before the date of enactment of this Act [Dec. 23, 2022].”
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# 12 U.S.C. § 1831d - State-chartered insured depository institutions and insured branches of foreign banks
## Text
(a) Interest rates In order to prevent discrimination against State-chartered insured depository institutions, including insured savings banks, or insured branches of foreign banks with respect to interest rates, if the applicable rate prescribed in this subsection exceeds the rate such State bank or insured branch of a foreign bank would be permitted to charge in the absence of this subsection, such State bank or such insured branch of a foreign bank may, notwithstanding any State constitution or statute which is hereby preempted for the purposes of this section, take, receive, reserve, and charge on any loan or discount made, or upon any note, bill of exchange, or other evidence of debt, interest at a rate of not more than 1 per centum in excess of the discount rate on ninety-day commercial paper in effect at the Federal Reserve bank in the Federal Reserve district where such State bank or such insured branch of a foreign bank is located or at the rate allowed by the laws of the State, territory, or district where the bank is located, whichever may be greater.
(b) Interest overcharge; forfeiture; interest payment recovery If the rate prescribed in subsection (a) exceeds the rate such State bank or such insured branch of a foreign bank would be permitted to charge in the absence of this section, and such State fixed rate is thereby preempted by the rate described in subsection (a), the taking, receiving, reserving, or charging a greater rate of interest than is allowed by subsection (a), when knowingly done, shall be deemed a forfeiture of the entire interest which the note, bill, or other evidence of debt 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 two years after the date of such payment, an amount equal to twice the amount of the interest paid from such State bank or such insured branch of a foreign bank taking, receiving, reserving, or charging such interest.
(Sept. 21, 1950, ch. 967, § 2[27], as added Pub. L. 96221, title V, § 521, Mar. 31, 1980, 94 Stat. 164; amended Pub. L. 10086, title I, § 101(g)(2), Aug. 10, 1987, 101 Stat. 563; Pub. L. 10173, title II, § 201(a), Aug. 9, 1989, 103 Stat. 187.)
## Notes
Editorial Notes
Prior ProvisionsProvisions similar to this section were contained in section 1831a of this title prior to its repeal by Pub. L. 96221.
Amendments1989—Subsec. (a). Pub. L. 10173 substituted “insured depository institutions” for “insured banks”. 1987—Subsec. (a). Pub. L. 10086 struck out “and insured mutual savings banks” after “insured savings banks”.
Statutory Notes and Related Subsidiaries
Effective DateSection applicable only with respect to loans made in any State during the period beginning on April 1, 1980, and ending on the date, on or after April 1, 1980, on which such State adopts a law or certifies that the voters of such State have voted in favor of any provision, constitutional or otherwise, which states explicitly and by its terms that such State does not want this section to apply with respect to loans made in such State, except that this section shall apply to a loan made on or after the date such law is adopted or such certification is made if such loan is made pursuant to a commitment to make such loan which was entered into on or after April 1, 1980, and prior to the date on which such law is adopted or such certification is made, see section 525 of Pub. L. 96221, set out as an Effective Date of 1980 Amendment note under section 1785 of this title.
Choice of Highest Applicable Interest RateIn any case in which one or more provisions of, or amendments made by, title V of Pub. L. 96221, section 1735f7 of this title, or any other provisions of law, including section 85 of this title, apply with respect to the same loan, mortgage, credit sale, or advance, such loan, mortgage, credit sale, or advance may be made at the highest applicable rate, see section 528 of Pub. L. 96221, set out as a note under section 1735f7a of this title.
Definition of “State” For purposes of this section, the term “State” to include the several States, the Commonwealth of Puerto Rico, the District of Columbia, Guam, the Trust Territories of the Pacific Islands, the Northern Mariana Islands, and the Virgin Islands, see section 527 of Pub. L. 96221, set out as a note under section 1735f7a of this title.
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# 12 U.S.C. § 1831dd - Open data publication
## Text
All public data assets published by the Corporation under this chapter or under the Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111203; 124 Stat. 1376) shall be—
(1) made available as an open Government data asset (as defined in section 3502 of title 44);
(2) freely available for download;
(3) rendered in a human-readable format; and
(4) accessible via application programming interface where appropriate.
(Sept. 21, 1950, ch. 967, § 2[53], as added Pub. L. 117263, div. E, title LVIII, § 5832, Dec. 23, 2022, 136 Stat. 3431.)
## Notes
Editorial Notes
References in TextThe Dodd-Frank Wall Street Reform and Consumer Protection Act, referred to in text, is Pub. L. 111203, July 21, 2010, 124 Stat. 1376, which enacted chapter 53 (§ 5301 et seq.) of this title and chapters 108 (§ 8201 et seq.) and 109 (§ 8301 et seq.) of Title 15, Commerce and Trade, and enacted, amended, and repealed numerous other sections and notes in the Code. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables.
Statutory Notes and Related Subsidiaries
Rule of Construction Regarding No New Disclosure RequirementsEnactment of section not to be construed to require certain additional information to be collected or disclosed, see section 5834 of Pub. L. 117263, set out as a note under section 1831cc of this title.
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# 12 U.S.C. § 1831f1 - Repealed. Pub. L. 106569, title XII, § 1203, Dec. 27, 2000, 114 Stat. 3032
## Notes
Section, act Sept. 21, 1950, ch. 967, § 2[29A], as added Pub. L. 102242, title III, § 301(b), Dec. 19, 1991, 105 Stat. 2344, related to deposit broker notification and recordkeeping.
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# 12 U.S.C. § 1831f - Brokered deposits
## Text
(a) In general An insured depository institution that is not well capitalized may not accept funds obtained, directly or indirectly, by or through any deposit broker for deposit into 1 or more deposit accounts.
(b) Renewals and rollovers treated as acceptance of funds Any renewal of an account in any troubled institution and any rollover of any amount on deposit in any such account shall be treated as an acceptance of funds by such troubled institution for purposes of subsection (a).
(c) Waiver authority The Corporation may, on a case-by-case basis and upon application by an insured depository institution which is adequately capitalized (but not well capitalized), waive the applicability of subsection (a) upon a finding that the acceptance of such deposits does not constitute an unsafe or unsound practice with respect to such institution.
(d) Limited exception for certain conservatorships In the case of any insured depository institution for which the Corporation has been appointed as conservator, subsection (a) shall not apply to the acceptance of deposits (described in such subsection) by such institution if the Corporation determines that the acceptance of such deposits—
(1) is not an unsafe or unsound practice;
(2) is necessary to enable the institution to meet the demands of its depositors or pay its obligations in the ordinary course of business; and
(3) is consistent with the conservators fiduciary duty to minimize the institutions losses.
Effective 90 days after the date on which the institution was placed in conservatorship, the institution may not accept such deposits.
(e) Restriction on interest rate paid (1) Definitions In this subsection—
(A) the terms “agent institution”, “reciprocal deposits”, and “well capitalized” have the meanings given those terms in subsection (i); and
(B) the term “covered insured depository institution” means an insured depository institution that—
(i) under subsection (c) or (d), accepts funds obtained, directly or indirectly, by or through a deposit broker; or
(ii) while acting as an agent institution under subsection (i), accepts reciprocal deposits while not well capitalized.
(2) Prohibition A covered insured depository institution may not pay a rate of interest on funds or reciprocal deposits described in paragraph (1) that, at the time that the funds or reciprocal deposits are accepted, significantly exceeds the limit set forth in paragraph (3).
(3) Limit on interest rates The limit on the rate of interest referred to in paragraph (2) shall be—
(A) the rate paid on deposits of similar maturity in the normal market area of the covered insured depository institution for deposits accepted in the normal market area of the covered insured depository institution; or
(B) the national rate paid on deposits of comparable maturity, as established by the Corporation, for deposits accepted outside the normal market area of the covered insured depository institution.
(f) Additional restrictions The Corporation may impose, by regulation or order, such additional restrictions on the acceptance of brokered deposits by any institution as the Corporation may determine to be appropriate.
(g) Definitions relating to deposit broker (1) Deposit broker The term “deposit broker” means—
(A) any person engaged in the business of placing deposits, or facilitating the placement of deposits, of third parties with insured depository institutions or the business of placing deposits with insured depository institutions for the purpose of selling interests in those deposits to third parties; and
(B) an agent or trustee who establishes a deposit account to facilitate a business arrangement with an insured depository institution to use the proceeds of the account to fund a prearranged loan.
(2) Exclusions The term “deposit broker” does not include—
(A) an insured depository institution, with respect to funds placed with that depository institution;
(B) an employee of an insured depository institution, with respect to funds placed with the employing depository institution;
(C) a trust department of an insured depository institution, if the trust in question has not been established for the primary purpose of placing funds with insured depository institutions;
(D) the trustee of a pension or other employee benefit plan, with respect to funds of the plan;
(E) a person acting as a plan administrator or an investment adviser in connection with a pension plan or other employee benefit plan provided that that person is performing managerial functions with respect to the plan;
(F) the trustee of a testamentary account;
(G) the trustee of an irrevocable trust (other than one described in paragraph (1)(B)), as long as the trust in question has not been established for the primary purpose of placing funds with insured depository institutions;
(H) a trustee or custodian of a pension or profitsharing plan qualified under section 401(d) or 403(a) of title 26; or
(I) an agent or nominee whose primary purpose is not the placement of funds with depository institutions.
(3) Inclusion of depository institutions engaging in certain activities Notwithstanding paragraph (2), the term “deposit broker” includes any insured depository institution that is not well capitalized (as defined in section 1831o of this title), and any employee of such institution, which engages, directly or indirectly, in the solicitation of deposits by offering rates of interest which are significantly higher than the prevailing rates of interest on deposits offered by other insured depository institutions in such depository institutions normal market area.
(4) Employee For purposes of this subsection, the term “employee” means any employee—
(A) who is employed exclusively by the insured depository institution;
(B) whose compensation is primarily in the form of a salary;
(C) who does not share such employees compensation with a deposit broker; and
(D) whose office space or place of business is used exclusively for the benefit of the insured depository institution which employs such individual.
(h) Deposit solicitation restricted An insured depository institution that is undercapitalized, as defined in section 1831o of this title, shall not solicit deposits by offering rates of interest that are significantly higher than the prevailing rates of interest on insured deposits—
(1) in such institutions normal market areas; or
(2) in the market area in which such deposits would otherwise be accepted.
(i) Limited exception for reciprocal deposits (1) In general Reciprocal deposits of an agent institution shall not be considered to be funds obtained, directly or indirectly, by or through a deposit broker to the extent that the total amount of such reciprocal deposits does not exceed the lesser of—
(A) $5,000,000,000; or
(B) an amount equal to 20 percent of the total liabilities of the agent institution.
(2) Definitions In this subsection:
(A) Agent institution The term “agent institution” means an insured depository institution that places a covered deposit through a deposit placement network at other insured depository institutions in amounts that are less than or equal to the standard maximum deposit insurance amount, specifying the interest rate to be paid for such amounts, if the insured depository institution—
(i) (I) when most recently examined under section 1820(d) of this title was found to have a composite condition of outstanding or good; and
(II) is well capitalized;
(ii) has obtained a waiver pursuant to subsection (c); or
(iii) does not receive an amount of reciprocal deposits that causes the total amount of reciprocal deposits held by the agent institution to be greater than the average of the total amount of reciprocal deposits held by the agent institution on the last day of each of the 4 calendar quarters preceding the calendar quarter in which the agent institution was found not to have a composite condition of outstanding or good or was determined to be not well capitalized.
(B) Covered deposit The term “covered deposit” means a deposit that—
(i) is submitted for placement through a deposit placement network by an agent institution; and
(ii) does not consist of funds that were obtained for the agent institution, directly or indirectly, by or through a deposit broker before submission for placement through a deposit placement network.
(C) Deposit placement network The term “deposit placement network” means a network in which an insured depository institution participates, together with other insured depository institutions, for the processing and receipt of reciprocal deposits.
(D) Network member bank The term “network member bank” means an insured depository institution that is a member of a deposit placement network.
(E) Reciprocal deposits The term “reciprocal deposits” means deposits received by an agent institution through a deposit placement network with the same maturity (if any) and in the same aggregate amount as covered deposits placed by the agent institution in other network member banks.
(F) Well capitalized The term “well capitalized” has the meaning given the term in section 1831o(b)(1) of this title.
(Sept. 21, 1950, ch. 967, § 2[29], as added Pub. L. 10173, title II, § 224(a), Aug. 9, 1989, 103 Stat. 273; amended Pub. L. 102242, title III, § 301(a), (c), Dec. 19, 1991, 105 Stat. 2343, 2345; Pub. L. 102550, title XVI, § 1605(a)(1), Oct. 28, 1992, 106 Stat. 4084; Pub. L. 103325, title III, § 337, Sept. 23, 1994, 108 Stat. 2235; Pub. L. 115174, title II, § 202, May 24, 2018, 132 Stat. 1307.)
## Notes
Editorial Notes
Amendments2018—Subsec. (e). Pub. L. 115174, § 202(b), added subsec. (e) and struck out former subsec. (e). Prior to amendment, text read as follows: “Any insured depository institution which, under subsection (c) or (d), accepts funds obtained, directly or indirectly, by or through a deposit broker, may not pay a rate of interest on such funds which, at the time that such funds are accepted, significantly exceeds— “(1) the rate paid on deposits of similar maturity in such institutions normal market area for deposits accepted in the institutions normal market area; or “(2) the national rate paid on deposits of comparable maturity, as established by the Corporation, for deposits accepted outside the institutions normal market area.” Subsec. (i). Pub. L. 115174, § 202(a), added subsec. (i). 1994—Subsec. (g)(3). Pub. L. 103325 inserted “that is not well capitalized (as defined in section 1831o of this title)” after “includes any insured depository institution”, substituted “of such institution” for “of any insured depository institution”, and struck out “(with respect to such deposits)” after “offering rates of interest” and “having the same type of charter” after “other insured depository institutions”. 1992—Subsec. (a). Pub. L. 102550, § 1605(a)(1)(A), substituted “An insured” for “A insured”. Subsec. (c). Pub. L. 102550, § 1605(a)(1)(B), substituted “capitalized (but not well capitalized)” for “capitalized”. 1991—Subsec. (a). Pub. L. 102242, § 301(a)(1), substituted “insured depository institution that is not well capitalized” for “troubled institution”. Subsec. (c). Pub. L. 102242, § 301(a)(2), substituted “insured depository institution which is adequately capitalized” for “insured depositary institution”. Subsec. (d). Pub. L. 102242, § 301(a)(3), added pars. (2) and (3) and closing provisions, struck out “and” at end of par. (1), and struck out former par. (2) which read as follows: “either— “(A) is necessary to enable the institution to meet the demands of its depositors or pay its obligations in the ordinary course of business; or “(B) is consistent with the conservators fiduciary duty to minimize the losses of the institution.” Subsecs. (e) to (h). Pub. L. 102242, § 301(a)(4)(6), (c), added subsec. (e), redesignated former subsec. (e) as (f) and struck out “troubled” before “institution as the”, redesignated former subsecs. (f) and (g) as (g) and (h), respectively, added subsec. (h), and struck out former subsec. (h), as previously redesignated, which defined “troubled institution”.
Statutory Notes and Related Subsidiaries
Effective Date of 1992 AmendmentAmendment by Pub. L. 102550 effective as if included in the Federal Deposit Insurance Corporation Improvement Act of 1991, Pub. L. 102242, as of Dec. 19, 1991, see section 1609(a) of Pub. L. 102550, set out as a note under section 191 of this title.
Effective DatePub. L. 10173, title II, § 224(b), Aug. 9, 1989, 103 Stat. 275, provided that: “The amendment made by subsection (a) [enacting this section] shall apply to deposits accepted after the end of the 120-day period beginning on the date of the enactment of this Act [Aug. 9, 1989].”
RegulationsPub. L. 102242, title III, § 301(d), Dec. 19, 1991, 105 Stat. 2345, provided that: “The Corporation shall promulgate final regulations to carry out the amendments made under subsections (a), (b), and (c) [enacting section 1831f1 of this title and amending this section] not later than 150 days after the date of enactment of this Act [Dec. 19, 1991], and those regulations shall become effective not later than 180 days after that date of enactment, except that such regulations shall not apply to any specific time deposit made before that date of enactment until the stated maturity of the time deposit.”
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# 12 U.S.C. § 1831g - Contracts between depository institutions and persons providing goods, products, or services
## Text
(a) In general An insured depository institution may not enter into a written or oral contract with any person to provide goods, products, or services to or for the benefit of such depository institution if the performance of such contract would adversely affect the safety or soundness of the institution.
(b) Rulemaking The Corporation shall prescribe such regulations and issue such orders, including definitions consistent with this section, as may be necessary to administer and carry out the purposes of, and prevent evasions of, this section.
(c) Enforcement Any action taken by any appropriate Federal banking agency under section 1818 of this title to enforce compliance on the part of any insured depository institution with the requirements of this section may include a requirement that such institution properly reflect the transaction on its books and records.
(d) No private right of action This section may not be construed as creating any private right of action.
(e) Study (1) In general The Attorney General and the Comptroller General of the United States shall jointly conduct a study on the extent to which—
(A) insured depository institutions are entering into contracts with vendors under which the vendors agree to purchase stock or assets from insured depository institutions or to invest capital in or make deposits in such institutions; and
(B) if such practices occur, the extent to which such practices are having an anticompetitive effect and should be prohibited.
(2) Report to Congress Before the end of the 1-year period beginning on August 9, 1989, the Attorney General and the Comptroller General shall submit a report to the Congress on the results of the study conducted pursuant to paragraph (1).
(Sept. 21, 1950, ch. 967, § 2[30], as added Pub. L. 10173, title II, § 225, Aug. 9, 1989, 103 Stat. 275; amended Pub. L. 103325, title VI, § 602(a)(59), Sept. 23, 1994, 108 Stat. 2291.)
## Notes
Editorial Notes
Amendments1994—Subsec. (e)(1)(A). Pub. L. 103325 substituted “the vendors” for “venders”.
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# 12 U.S.C. § 1831h - Repealed. Pub. L. 109173, § 8(a)(33), Feb. 15, 2006, 119 Stat. 3615
## Notes
Section, act Sept. 21, 1950, ch. 967, § 2[31], as added Pub. L. 10173, title II, § 226, Aug. 9, 1989, 103 Stat. 276; amended Pub. L. 103325, title VI, § 602(a)(60), Sept. 23, 1994, 108 Stat. 2291; Pub. L. 104208, div. A, title II, § 2704(d)(14)(Y), Sept. 30, 1996, 110 Stat. 3009494; Pub. L. 109171, title II, § 2102(b), Feb. 8, 2006, 120 Stat. 9, related to the Savings Association Insurance Fund Industry Advisory Committee.
Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective Mar. 31, 2006, see section 8(b) of Pub. L. 109173, set out as an Effective Date of 2006 Amendment note under section 1813 of this title.
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# 12 U.S.C. § 1831i - Agency disapproval of directors and senior executive officers of insured depository institutions or depository institution holding companies
## Text
(a) Prior notice required An insured depository institution or depository institution holding company shall notify the appropriate Federal banking agency of the proposed addition of any individual to the board of directors or the employment of any individual as a senior executive officer of such institution or holding company at least 30 days (or such other period, as determined by the appropriate Federal banking agency) before such addition or employment becomes effective, if—
(1) the insured depository institution or depository institution holding company is not in compliance with the minimum capital requirement applicable to such institution or is otherwise in a troubled condition, as determined by such agency on the basis of such institutions or holding companys most recent report of condition or report of examination or inspection; or
(2) the agency determines, in connection with the review by the agency of the plan required under section 1831o of this title or otherwise, that such prior notice is appropriate.
(b) Disapproval by agency An insured depository institution or depository institution holding company may not add any individual to the board of directors or employ any individual as a senior executive officer if the appropriate Federal banking agency issues a notice of disapproval of such addition or employment before the end of the notice period, not to exceed 90 days, beginning on the date the agency receives notice of the proposed action pursuant to subsection (a).
(c) Exception in extraordinary circumstances (1) In general Each appropriate Federal banking agency may prescribe by regulation conditions under which the prior notice requirement of subsection (a) may be waived in the event of extraordinary circumstances.
(2) No effect on disapproval authority of agency Such waivers shall not affect the authority of each agency to issue notices of disapproval of such additions or employment of such individuals within 30 days after each such waiver.
(d) Additional information Any notice submitted to an appropriate Federal banking agency with respect to an individual by any insured depository institution or depository institution holding company pursuant to subsection (a) shall include—
(1) the information described in section 1817(j)(6)(A) of this title about the individual; and
(2) such other information as the agency may prescribe by regulation.
(e) Standard for disapproval The appropriate Federal banking agency shall issue a notice of disapproval with respect to a notice submitted pursuant to subsection (a) if the competence, experience, character, or integrity of the individual with respect to whom such notice is submitted indicates that it would not be in the best interests of the depositors of the depository institution or in the best interests of the public to permit the individual to be employed by, or associated with, the depository institution or depository institution holding company.
(f) Definition regulations Each appropriate Federal banking agency shall prescribe by regulation a definition for the terms “troubled condition” and “senior executive officer” for purposes of subsection (a).
(Sept. 21, 1950, ch. 967, § 2[32], as added Pub. L. 10173, title IX, § 914(a), Aug. 9, 1989, 103 Stat. 484; amended Pub. L. 104208, div. A, title II, § 2209, Sept. 30, 1996, 110 Stat. 3009409.)
## Notes
Editorial Notes
Amendments1996—Subsec. (a). Pub. L. 104208, § 2209(1)(A), (B), in introductory provisions, inserted “(or such other period, as determined by the appropriate Federal banking agency)” after “30 days” and substituted “if” for “if the insured depository institution or depository institution holding company”. Subsec. (a)(1). Pub. L. 104208, § 2209(1)(E), inserted “the insured depository institution or depository institution holding company” before “is not in compliance” and substituted “; or” for period at end. Pub. L. 104208, § 2209(1)(C), (D), redesignated par. (3) as (1) and struck out former par. (1) which read as follows: “has been chartered less than 2 years in the case of an insured depository institution;”. Subsec. (a)(2). Pub. L. 104208, § 2209(1)(C), (F), added par. (2) and struck out former par. (2) which read as follows: “has undergone a change in control within the preceding 2 years; or”. Subsec. (a)(3). Pub. L. 104208, § 2209(1)(D), redesignated par. (3) as (1). Subsec. (b). Pub. L. 104208, § 2209(2), substituted “notice period, not to exceed 90 days,” for “30-day period”.
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# 12 U.S.C. § 1831j - Depository institution employee protection remedy
## Text
(a) In general (1) Employees of depository institutions No insured depository institution may discharge or otherwise discriminate against any employee with respect to compensation, terms, conditions, or privileges of employment because the employee (or any person acting pursuant to the request of the employee) provided information to any Federal banking agency or to the Attorney General regarding—
(A) a possible violation of any law or regulation; or
(B) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety;
by the depository institution or any director, officer, or employee of the institution.
(2) Employees of banking agencies No Federal banking agency, Federal home loan bank, Federal reserve bank, or any person who is performing, directly or indirectly, any function or service on behalf of the Corporation may discharge or otherwise discriminate against any employee with respect to compensation, terms, conditions, or privileges of employment because the employee (or any person acting pursuant to the request of the employee) provided information to any such agency or bank or to the Attorney General regarding any possible violation of any law or regulation, gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety by—
(A) any depository institution or any such bank or agency;
(B) any director, officer, or employee of any depository institution or any such bank;
(C) any officer or employee of the agency which employs such employee; or
(D) the person, or any officer or employee of the person, who employs such employee.
(b) Enforcement Any employee or former employee who believes he has been discharged or discriminated against in violation of subsection (a) may file a civil action in the appropriate United States district court before the close of the 2-year period beginning on the date of such discharge or discrimination. The complainant shall also file a copy of the complaint initiating such action with the appropriate Federal banking agency.
(c) Remedies If the district court determines that a violation of subsection (a) has occurred, it may order the depository institution, Federal home loan bank, Federal Reserve bank, or Federal banking agency which committed the violation—
(1) to reinstate the employee to his former position;
(2) to pay compensatory damages; or
(3) take other appropriate actions to remedy any past discrimination.
(d) Limitation The protections of this section shall not apply to any employee who—
(1) deliberately causes or participates in the alleged violation of law or regulation; or
(2) knowingly or recklessly provides substantially false information to such an agency or the Attorney General.
(e) “Federal banking agency” defined For purposes of subsections (a) and (c), the term “Federal banking agency” means the Corporation, the Board of Governors of the Federal Reserve System, the Federal Housing Finance Agency and the Comptroller of the Currency.
(f) Burdens of proof The legal burdens of proof that prevail under subchapter III of chapter 12 of title 5 shall govern adjudication of protected activities under this section.
(Sept. 21, 1950, ch. 967, § 2[33], as added Pub. L. 10173, title IX, § 932(a), Aug. 9, 1989, 103 Stat. 494; amended Pub. L. 102242, title II, § 251(a)(1)(3), Dec. 19, 1991, 105 Stat. 2331, 2332; Pub. L. 103204, § 21(a), Dec. 17, 1993, 107 Stat. 2406; Pub. L. 103325, title VI, § 602(a)(61), (c), Sept. 23, 1994, 108 Stat. 2291; Pub. L. 111203, title III, § 363(10), July 21, 2010, 124 Stat. 1555.)
## Notes
Editorial Notes
Amendments2010—Subsec. (e). Pub. L. 111203 substituted “Federal Housing Finance Agency and the Comptroller of the Currency” for “Federal Housing Finance Board, the Comptroller of the Currency, and the Director of the Office of Thrift Supervision”. 1994—Subsec. (a). Pub. L. 103325, § 602(c), amended directory language of Pub. L. 103204, § 21(a). See 1993 Amendment note below. Subsec. (c)(1). Pub. L. 103325, § 602(a)(61), substituted semicolon for comma at end. Subsec. (f). Pub. L. 103325, § 602(c)(1)(3), amended directory language of Pub. L. 103204, § 21(a)(1)(B). See 1993 Amendment note below. 1993—Subsec. (a)(1). Pub. L. 103204, § 21(a)(1)(A), as amended by Pub. L. 103325, § 602(c)(1)(3), substituted “regarding— “(A) a possible violation of any law or regulation; or “(B) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety; by the depository institution or any director, officer, or employee of the institution.” for “regarding any possible violation of any law or regulation by the depository institution or any director, officer, or employee of the institution.” Subsec. (a)(2). Pub. L. 103204, § 21(a)(2)(A), (B), as amended by Pub. L. 103325, § 602(c)(1), (2), (4), in introductory provisions, substituted “Federal reserve bank, or any person who is performing, directly or indirectly, any function or service on behalf of the Corporation” for “or Federal Reserve bank” and “any possible violation of any law or regulation, gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety by” for “any possible violation of any law or regulation by”. Subsec. (a)(2)(D). Pub. L. 103204, § 21(a)(2)(C)(E), as amended by Pub. L. 103325, § 602(c)(1), (2), (4), added subpar. (D). Subsec. (f). Pub. L. 103204, § 21(a)(1)(B), as amended by Pub. L. 103325, § 602(c)(1)(3), added subsec. (f). 1991—Subsec. (a). Pub. L. 102242, § 251(a)(1), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “No federally insured depository institution may discharge or otherwise discriminate against any employee with respect to compensation, terms, conditions, or privileges of employment because the employee (or any person acting pursuant to the request of the employee) provided information to any Federal banking agency or to the Attorney General regarding a possible violation of any law or regulation by the depository institution or any of its officers, directors, or employees.” Subsec. (c). Pub. L. 102242, § 251(a)(2), inserted “, Federal home loan bank, Federal Reserve bank, or Federal banking agency”. Subsec. (e). Pub. L. 102242, § 251(a)(3), added subsec. (e).
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 1991 AmendmentPub. L. 102242, title II, § 251(a)(4), Dec. 19, 1991, 105 Stat. 2332, provided that: “Paragraph (2) of section 33(a) of the Federal Deposit Insurance Act [12 U.S.C. 1831j(a)(2)] (as added under the amendment made by paragraph (1)) shall be treated as having taken effect on January 1, 1987, and for purposes of any cause of action arising under such paragraph (as so effective) before the date of the enactment of this Act [Dec. 19, 1991], the 2-year period referred to in section 33(b) of such Act shall be deemed to begin on such date of enactment.”
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# 12 U.S.C. § 1831k - Reward for information leading to recoveries or civil penalties
## Text
(a) In general An appropriate Federal banking agency, with the concurrence of the Attorney General, may pay a reward to a person who provides original information which leads to—
(1) recovery of a criminal fine, restitution, or civil penalty—
(A) under—
(i) this chapter;
(ii) the Federal Credit Union Act [12 U.S.C. 1751 et seq.];
(iii) section 93(b), 164, or 481 to 485 of this title;
(iv) the Federal Reserve Act [12 U.S.C. 221 et seq.];
(v) the Bank Holding Company Act Amendments of 1970;
(vi) the Bank Holding Company Act of 1956 [12 U.S.C. 1841 et seq.];
(vii) the Home Owners Loan Act [12 U.S.C. 1461 et seq.]; or
(viii) section 3663 of title 18 pursuant to a conviction for an offense referred to in subparagraph (B) of this paragraph,
(B) pursuant to a conviction for an offense under section 215, 656, 657, 1005, 1006, 1007, 1014, 1341, 1343, or 1344 of title 18 affecting a depository institution insured by the Federal Deposit Insurance Corporation, or for a conspiracy to commit such an offense; or
(C) under section 1833a of this title; or
(2) a forfeiture under section 981 or 982 of title 18 that arises in connection with a depository institution insured by the Federal Deposit Insurance Corporation.
(b) Percentage limitation An appropriate Federal banking agency may not pay a reward under subsection (a) of more than 25 percent of the amount of the fine, penalty, restitution, or forfeiture or $100,000, whichever is less.
(c) Officials and persons ineligible An appropriate Federal banking agency may not pay a reward under subsection (a) to—
(1) an officer or employee of the United States or of a State or local government who provides information described in subsection (a), obtained in the performance of official duties; or
(2) a person who—
(A) deliberately causes or participates in the alleged violation of law or regulation, or
(B) knowingly or recklessly provides substantially false information to such an agency or the Attorney General.
(d) Nonreviewability Any agency decision under this section is final and not reviewable by any court.
(Sept. 21, 1950, ch. 967, § 2[34], as added Pub. L. 10173, title IX, § 933(a), Aug. 9, 1989, 103 Stat. 495; amended Pub. L. 101647, title XXV, § 2586, Nov. 29, 1990, 104 Stat. 4903; Pub. L. 103325, title VI, § 602(a)(62), (63), Sept. 23, 1994, 108 Stat. 2291.)
## Notes
Editorial Notes
References in TextThe Federal Credit Union Act, referred to in subsec. (a)(1)(A)(ii), is act June 26, 1934, ch. 750, 48 Stat. 1216, which is classified generally to chapter 14 (§ 1751 et seq.) of this title. For complete classification of this Act to the Code, see section 1751 of this title and Tables. The Federal Reserve Act, referred to in subsec. (a)(1)(A)(iv), 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. The Bank Holding Company Act Amendments of 1970, referred to in subsec. (a)(1)(A)(v), is Pub. L. 91607, Dec. 31, 1970, 84 Stat. 1760. For complete classification of this Act to the Code, see Short Title of 1970 Amendment note set out under section 1841 of this title and Tables. The Bank Holding Company Act of 1956, referred to in subsec. (a)(1)(A)(vi), is act May 9, 1956, ch. 240, 70 Stat. 133, which is classified principally to chapter 17 (§ 1841 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1841 of this title and Tables. The Home Owners Loan Act, referred to in subsec. (a)(1)(A)(vii), is act June 13, 1933, ch. 64, 48 Stat. 128, which is classified generally to chapter 12 (§ 1461 et seq.) of this title. For complete classification of this Act to the Code, see section 1461 of this title and Tables.
Amendments1994—Subsec. (a)(1)(A)(iii). Pub. L. 103325, § 602(a)(62), substituted “section” for “sections” and “or” for “and”. Subsec. (a)(2). Pub. L. 103325, § 602(a)(63), inserted period at end. 1990—Subsec. (a)(1). Pub. L. 101647, § 2586(1), struck out “, in an amount that exceeds $50,000,” after “recovery” in introductory provisions. Subsec. (a)(2). Pub. L. 101647, § 2586(2), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “a forfeiture under section 981 or 982 of title 18 that— “(A) arises in connection with a depository institution insured by the Federal Deposit Insurance Corporation; and “(B) exceeds $50,000.”
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# 12 U.S.C. § 1831l - Coordination of risk analysis between SEC and Federal banking agencies
## Text
Any appropriate Federal banking agency shall notify the Securities and Exchange Commission of any concerns of the agency regarding significant financial or operational risks to any registered broker or dealer, or any registered municipal securities dealer, government securities broker, or government securities dealer for which the Commission is the appropriate regulatory agency (as defined in section 78c of title 15), resulting from the activities of any insured depository institution, any depository institution holding company, or any affiliate of any such institution or company if such broker, dealer, municipal securities dealer, government securities broker, or government securities dealer is an affiliate of any such institution, company, or affiliate.
(Sept. 21, 1950, ch. 967, § 2[35], as added Pub. L. 101432, § 7, Oct. 16, 1990, 104 Stat. 975.)
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# 12 U.S.C. § 1831m1 - Reports of information regarding safety and soundness of depository institutions
## Text
(a) Reports to appropriate Federal banking agencies (1) In general The Attorney General, the Secretary of the Treasury, and the head of any other agency or instrumentality of the United States shall, unless otherwise prohibited by law, disclose to the appropriate Federal banking agency any information that the Attorney General, the Secretary of the Treasury, or such agency head believes raises significant concerns regarding the safety or soundness of any depository institution doing business in the United States.
(2) Exceptions (A) Intelligence information (i) In general The Director of Central Intelligence shall disclose to the Attorney General or the Secretary of the Treasury any intelligence information that would otherwise be reported to an appropriate Federal banking agency pursuant to paragraph (1). After consultation with the Director of Central Intelligence, the Attorney General or the Secretary of the Treasury, shall disclose the intelligence information to the appropriate Federal banking agency.
(ii) Procedures for receipt of intelligence information Each appropriate Federal banking agency, in consultation with the Director of Central Intelligence, shall establish procedures for receipt of intelligence information that are adequate to protect the intelligence information.
(B) Criminal investigations, safety of Government investigators, informants, and witnesses If the Attorney General, the Secretary of the Treasury or their respective designees determines that the disclosure of information pursuant to paragraph (1) may jeopardize a pending civil investigation or litigation, or a pending criminal investigation or prosecution, may result in serious bodily injury or death to Government employees, informants, witnesses or their respective families, or may disclose sensitive investigative techniques and methods, the Attorney General or the Secretary of the Treasury shall—
(i) provide the appropriate Federal banking agency a description of the information that is as specific as possible without jeopardizing the investigation, litigation, or prosecution, threatening serious bodily injury or death to Government employees, informants, or witnesses or their respective families, or disclosing sensitive investigation techniques and methods; and
(ii) permit a full review of the information by the Federal banking agency at a location and under procedures that the Attorney General determines will ensure the effective protection of the information while permitting the Federal banking agency to ensure the safety and soundness of any depository institution.
(C) Grand jury investigations; criminal procedure Paragraph (1) shall not—
(i) apply to the receipt of information by an agency or instrumentality in connection with a pending grand jury investigation; or
(ii) be construed to require disclosure of information prohibited by rule 6 of the Federal Rules of Criminal Procedure.
(b) Procedures for receipt of disclosure reports (1) In general Within 90 days after October 28, 1992, each appropriate Federal banking agency shall establish procedures for receipt of a disclosure report by an agency or instrumentality made in accordance with subsection (a)(1). The procedures established in accordance with this subsection shall ensure adequate protection of information disclosed, including access control and information accountability.
(2) Procedures related to each disclosure report Upon receipt of a report in accordance with subsection (a)(1), the appropriate Federal banking agency shall—
(A) consult with the agency or instrumentality that made the disclosure regarding the adequacy of the procedures established pursuant to paragraph (1), and
(B) adjust the procedures to ensure adequate protection of the information disclosed.
(c) Effect on agencies This section does not impose an affirmative duty on the Attorney General, the Secretary of the Treasury, or the head of any agency or instrumentality of the United States to collect new or to review existing information.
(d) Definitions For purposes of this section, the terms “appropriate Federal banking agency” and “depository institution” have the same meanings as in section 1818 of this title.
(Pub. L. 102550, title XV, § 1542, Oct. 28, 1992, 106 Stat. 4067; Pub. L. 105362, title X, § 1001(f), Nov. 10, 1998, 112 Stat. 3292.)
## Notes
Editorial Notes
References in TextRule 6 of the Federal Rules of Criminal Procedure, referred to in subsec. (a)(2)(C)(ii), is set out in the Appendix to Title 18, Crimes and Criminal Procedure.
Codification Section was enacted as part of the Annunzio-Wylie Anti-Money Laundering Act and also as part of the Housing and Community Development Act of 1992, and not as part of the Federal Deposit Insurance Act which comprises this chapter.
Amendments1998—Subsec. (e). Pub. L. 105362 struck out heading and text of subsec. (e). Text read as follows: “The Attorney General and the Secretary of the Treasury shall report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Banking, Finance and Urban Affairs of the House of Representatives, not later than 90 days after the end of each calendar year on their utilization of the exceptions provided in subsection (a)(1)(B) of this section.”
Statutory Notes and Related Subsidiaries
Change of Name Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Directors capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Directors capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108458, set out as a note under section 3001 of Title 50, War and National Defense.
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# 12 U.S.C. § 1831m - Early identification of needed improvements in financial management
## Text
(a) Annual report on financial condition and management (1) Report required Each insured depository institution shall submit an annual report to the Corporation, the appropriate Federal banking agency, and any appropriate State bank supervisor (including any State bank supervisor of a host State).
(2) Contents of report Any annual report required under paragraph (1) shall contain—
(A) the information required to be provided by—
(i) the institutions management under subsection (b); and
(ii) an independent public accountant under subsections (c) and (d); and
(B) such other information as the Corporation and the appropriate Federal banking agency may determine to be necessary to assess the financial condition and management of the institution.
(3) Public availability Any annual report required under paragraph (1) shall be available for public inspection. Notwithstanding the preceding sentence, the Corporation and the appropriate Federal banking agencies may designate certain information as privileged and confidential and not available to the public.
(b) Management responsibility for financial statements and internal controls Each insured depository institution shall prepare—
(1) annual financial statements in accordance with generally accepted accounting principles and such other disclosure requirements as the Corporation and the appropriate Federal banking agency may prescribe; and
(2) a report signed by the chief executive officer and the chief accounting or financial officer of the institution which contains—
(A) a statement of the managements responsibilities for—
(i) preparing financial statements;
(ii) establishing and maintaining an adequate internal control structure and procedures for financial reporting; and
(iii) complying with the laws and regulations relating to safety and soundness which are designated by the Corporation and the appropriate Federal banking agency; and
(B) an assessment, as of the end of the institutions most recent fiscal year, of—
(i) the effectiveness of such internal control structure and procedures; and
(ii) the institutions compliance with the laws and regulations relating to safety and soundness which are designated by the Corporation and the appropriate Federal banking agency.
(c) Internal control evaluation and reporting requirements for independent public accountants (1) In general With respect to any internal control report required by subsection (b)(2) of any institution, the institutions independent public accountant shall attest to, and report separately on, the assertions of the institutions management contained in such report.
(2) Attestation requirements Any attestation pursuant to paragraph (1) shall be made in accordance with generally accepted standards for attestation engagements.
(d) Annual independent audits of financial statements (1) Audits required The Corporation, in consultation with the appropriate Federal banking agencies, shall prescribe regulations requiring that each insured depository institution shall have an annual independent audit made of the institutions financial statements by an independent public accountant in accordance with generally accepted auditing standards and section 1831n of this title.
(2) Scope of audit In connection with any audit under this subsection, the independent public accountant shall determine and report whether the financial statements of the institution—
(A) are presented fairly in accordance with generally accepted accounting principles; and
(B) comply with such other disclosure requirements as the Corporation and the appropriate Federal banking agency may prescribe.
(3) Requirements for insured subsidiaries of holding companies The requirements for an independent audit under this subsection may be satisfied for insured depository institutions that are subsidiaries of a holding company by an independent audit of the holding company.
(e) Repealed. Pub. L. 104208, div. A, title II, § 2301(a), Sept. 30, 1996, 110 Stat. 3009419
(f) Form and content of reports and auditing standards (1) In general The scope of each report by an independent public accountant pursuant to this section, and the procedures followed in preparing such report, shall meet or exceed the scope and procedures required by generally accepted auditing standards and other applicable standards recognized by the Corporation.
(2) Consultation The Corporation shall consult with the other appropriate Federal banking agencies in implementing this subsection.
(g) Improved accountability (1) Independent audit committee (A) Establishment Each insured depository institution (to which this section applies) shall have an independent audit committee entirely made up of outside directors who are independent of management of the institution, except as provided in subparagraph (D), and who satisfy any specific requirements the Corporation may establish.
(B) Duties An independent audit committees duties shall include reviewing with management and the independent public accountant the basis for the reports issued under subsections (b)(2), (c), and (d).
(C) Criteria applicable to committees of large insured depository institutions In the case of each insured depository institution which the Corporation determines to be a large institution, the audit committee required by subparagraph (A) shall—
(i) include members with banking or related financial management expertise;
(ii) have access to the committees own outside counsel; and
(iii) not include any large customers of the institution.
(D) Exemption authority (i) In general An appropriate Federal banking agency may, by order or regulation, permit the independent audit committee of an insured depository institution to be made up of less than all, but no fewer than a majority of, outside directors, if the agency determines that the institution has encountered hardships in retaining and recruiting a sufficient number of competent outside directors to serve on the internal audit committee of the institution.
(ii) Factors to be considered In determining whether an insured depository institution has encountered hardships referred to in clause (i), the appropriate Federal banking agency shall consider factors such as the size of the institution, and whether the institution has made a good faith effort to elect or name additional competent outside directors to the board of directors of the institution who may serve on the internal audit committee.
(2) Review of quarterly reports of large insured depository institutions (A) In general In the case of any insured depository institution which the Corporation has determined to be a large institution, the Corporation may require the independent public accountant retained by such institution to perform reviews of the institutions quarterly financial reports in accordance with procedures agreed upon by the Corporation.
(B) Report to audit committee The independent public accountant referred to in subparagraph (A) shall provide the audit committee of the insured depository institution with reports on the reviews under such subparagraph and the audit committee shall provide such reports to the Corporation, any appropriate Federal banking agency, and any appropriate State bank supervisor.
(C) Limitation on notice Reports provided under subparagraph (B) shall be only for the information and use of the insured depository institution, the Corporation, any appropriate Federal banking agency, and any State bank supervisor that received the report.
(D) Notice to institution The Corporation shall promptly notify an insured depository institution, in writing, of a determination pursuant to subparagraph (A) to require a review of such institutions quarterly financial reports.
(3) Qualifications of independent public accountants (A) In general All audit services required by this section shall be performed only by an independent public accountant who—
(i) has agreed to provide related working papers, policies, and procedures to the Corporation, any appropriate Federal banking agency, and any State bank supervisor, if requested; and
(ii) has received a peer review that meets guidelines acceptable to the Corporation.
(B) Reports on peer reviews Reports on peer reviews shall be filed with the Corporation and made available for public inspection.
(4) Enforcement actions (A) In general In addition to any authority contained in section 1818 of this title, the Corporation or an appropriate Federal banking agency may remove, suspend, or bar an independent public accountant, upon a showing of good cause, from performing audit services required by this section.
(B) Joint rulemaking The appropriate Federal banking agencies shall jointly issue rules of practice to implement this paragraph.
(5) Notice by accountant of termination of services Any independent public accountant performing an audit under this section who subsequently ceases to be the accountant for the institution shall promptly notify the Corporation and each appropriate Federal banking agency pursuant to such rules as the Corporation and each appropriate Federal banking agency shall prescribe.
(h) Exchange of reports and information (1) Report to the independent auditor (A) In general Each insured depository institution which has engaged the services of an independent auditor to audit such institution shall transmit to the auditor a copy of the most recent report of condition made by the institution (pursuant to this chapter or any other provision of law) and a copy of the most recent report of examination received by the institution.
(B) Additional information In addition to the copies of the reports required to be provided under subparagraph (A), each insured depository institution shall provide the auditor with—
(i) a copy of any supervisory memorandum of understanding with such institution and any written agreement between such institution and any appropriate Federal banking agency or any appropriate State bank supervisor which is in effect during the period covered by the audit; and
(ii) a report of—
(I) any action initiated or taken by the appropriate Federal banking agency or the Corporation during such period under subsection (a), (b), (c), (e), (g), (i), (s), or (t) of section 1818 of this title;
(II) any action taken by any appropriate State bank supervisor under State law which is similar to any action referred to in subclause (I); or
(III) any assessment of any civil money penalty under any other provision of law with respect to the institution or any institution-affiliated party.
(2) Reports to banking agencies (A) Independent auditor reports Each insured depository institution shall provide to the Corporation, any appropriate Federal banking agency, and any appropriate State bank supervisor, a copy of each audit report and any qualification to such report, any management letter, and any other report within 15 days of receipt of any such report, qualification, or letter from the institutions independent auditors.
(B) Notice of change of auditor Each insured depository institution shall provide written notification to the Corporation, the appropriate Federal banking agency, and any appropriate State bank supervisor of the resignation or dismissal of the institutions independent auditor or the engagement of a new independent auditor by the institution, including a statement of the reasons for such change within 15 calendar days of the occurrence of the event.
(i) Requirements for insured subsidiaries of holding companies (1) In general Except with respect to any audit requirements established under or pursuant to subsection (d), the requirements of this section may be satisfied for insured depository institutions that are subsidiaries of a holding company, if—
(A) services and functions comparable to those required under this section are provided at the holding company level; and
(B) the institution—
(i) has total assets, as of the beginning of such fiscal year, of less than $5,000,000,000; or
(ii) has—
(I) total assets, as of the beginning of such fiscal year, of $5,000,000,000, or more; and
(II) a CAMEL composite rating of 1 or 2 under the Uniform Financial Institutions Rating System (or an equivalent rating by any such agency under a comparable rating system) as of the most recent examination of such institution by the Corporation or the appropriate Federal banking agency.
(2) Large institutions For purposes of this subsection, in the case of an insured depository institution described in paragraph (1)(B)(ii) that the Corporation determines to be a large institution, the audit committee of the holding company of such an institution shall not include any large customers of the institution.
(3) Applicability based on risk to fund The appropriate Federal banking agency may require an institution with total assets in excess of $9,000,000,000 to comply with this section, notwithstanding the exemption provided by this subsection, if it determines that such exemption would create a significant risk to the Deposit Insurance Fund if applied to that institution.
(j) Exemption for small depository institutions This section shall not apply with respect to any fiscal year of any insured depository institution the total assets of which, as of the beginning of such fiscal year, are less than the greater of—
(1) $150,000,000; or
(2) such amount (in excess of $150,000,000) as the Corporation may prescribe by regulation.
(Sept. 21, 1950, ch. 967, § 2[36], as added Pub. L. 102242, title I, § 112(a), Dec. 19, 1991, 105 Stat. 2242; amended Pub. L. 102550, title XVI, § 1603(b)(3), Oct. 28, 1992, 106 Stat. 4079; Pub. L. 103325, title III, § 314, Sept. 23, 1994, 108 Stat. 2221; Pub. L. 104208, div. A, title II, §§ 2301, 2704(d)(14)(Z), Sept. 30, 1996, 110 Stat. 3009419, 3009494; Pub. L. 109171, title II, § 2102(b), Feb. 8, 2006, 120 Stat. 9; Pub. L. 109173, § 8(a)(34), Feb. 15, 2006, 119 Stat. 3615.)
## Notes
Editorial Notes
Amendments2006—Subsec. (i)(3). Pub. L. 109173 substituted “Deposit Insurance Fund” for “affected deposit insurance fund”. Pub. L. 109171 repealed Pub. L. 104208, § 2704(d)(14)(Z). See 1996 Amendment note below. 1996—Subsec. (a)(3). Pub. L. 104208, § 2301(c), inserted at end “Notwithstanding the preceding sentence, the Corporation and the appropriate Federal banking agencies may designate certain information as privileged and confidential and not available to the public.” Subsec. (e). Pub. L. 104208, § 2301(a), inserted “[Repealed]” and struck out heading and text of subsec. (e). Text read as follows: “(1) In general—An independent public accountant shall apply procedures agreed upon by the Corporation to objectively determine the extent of the compliance of any insured depository institution or depository institution holding company with laws and regulations designated by the Corporation, in consultation with the appropriate Federal banking agencies. “(2) Attestation requirements—Any attestation pursuant to paragraph (1) shall be made in accordance with generally accepted standards for attestation engagements.” Subsec. (g)(1)(A). Pub. L. 104208, § 2301(b)(1), inserted “, except as provided in subparagraph (D)” after “management of the institution”. Subsec. (g)(1)(D). Pub. L. 104208, § 2301(b)(2), added subpar. (D). Subsec. (i)(3). Pub. L. 104208, § 2704(d)(14)(Z), which directed substitution of “Deposit Insurance Fund” for “affected deposit insurance fund”, was repealed by Pub. L. 109171. See Effective Date of 1996 Amendment note below and 2006 Amendment note above. 1994—Subsec. (g)(2)(D). Pub. L. 103325, § 314(b), added subpar. (D). Subsec. (i). Pub. L. 103325, § 314(a), inserted par. (1) designation and heading before “Except with respect to”, redesignated former par. (1) as subpar. (A) of par. (1), added subpar. (B) of par. (1) and pars. (2) and (3), and struck out former par. (2) which read as follows: “either— “(A) the institution has total assets, as of the beginning of such fiscal year, of less than $5,000,000,000; or “(B) the institution— “(i) has total assets, as of the beginning of such fiscal year, of more than $5,000,000,000 and less than $9,000,000,000; and “(ii) has a CAMEL composite rating of 1 or 2 under the Uniform Financial Institutions Rating System (or an equivalent rating by any such agency under a comparable rating system) as of the most recent examination of such institution by the Corporation or the appropriate Federal banking agency.” 1992—Subsec. (b)(2)(A)(iii). Pub. L. 102550, § 1603(b)(3)(A), substituted “Corporation and” for “Corporation or”. Subsec. (g)(3)(A)(i). Pub. L. 102550, § 1603(b)(3)(B), substituted “any appropriate” for “an appropriate”. Subsec. (g)(5). Pub. L. 102550, § 1603(b)(3)(C), inserted “and each appropriate Federal banking agency” after “Corporation” in two places.
Statutory Notes and Related Subsidiaries
Effective Date of 2006 AmendmentAmendment by Pub. L. 109173 effective Mar. 31, 2006, see section 8(b) of Pub. L. 109173, set out as a note under section 1813 of this title. Amendment by Pub. L. 109171 effective no later than the first day of the first calendar quarter that begins after the end of the 90-day period beginning Feb. 8, 2006, see section 2102(c) of Pub. L. 109171, set out as a Merger of BIF and SAIF note under section 1821 of this title.
Effective Date of 1996 AmendmentAmendment by section 2704(d)(14)(Z) of Pub. L. 104208 effective Jan. 1, 1999, if no insured depository institution is a savings association on that date, see section 2704(c) of Pub. L. 104208, formerly set out as a note under section 1821 of this title.
Effective Date of 1992 AmendmentAmendment by Pub. L. 102550 effective as if included in the Federal Deposit Insurance Corporation Improvement Act of 1991, Pub. L. 102242, as of Dec. 19, 1991, see section 1609(a) of Pub. L. 102550, set out as a note under section 191 of this title.
Effective DatePub. L. 102242, title I, § 112(c), formerly § 112(b), Dec. 19, 1991, 105 Stat. 2246, renumbered § 112(c) by Pub. L. 102550, title XVI, § 1603(b)(2)(A), Oct. 28, 1992, 106 Stat. 4079, provided that: “The requirements established by the amendment made by subsection (a) [enacting this section] shall apply with respect to fiscal years of insured depository institutions which begin after December 31, 1992.”
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# 12 U.S.C. § 1831o1 - Source of strength
## Text
(a) Holding companies The appropriate Federal banking agency for a bank holding company or savings and loan holding company shall require the bank holding company or savings and loan holding company to serve as a source of financial strength for any subsidiary of the bank holding company or savings and loan holding company that is a depository institution.
(b) Other companies If an insured depository institution is not the subsidiary of a bank holding company or savings and loan holding company, the appropriate Federal banking agency for the insured depository institution shall require any company that directly or indirectly controls the insured depository institution to serve as a source of financial strength for such institution.
(c) Authority of State insurance regulator (1) In general The provisions of section 1844(g) of this title shall apply to a savings and loan holding company that is an insurance company, an affiliate of an insured depository institution that is an insurance company, and to any other company that is an insurance company and that directly or indirectly controls an insured depository institution, to the same extent as the provisions of that section apply to a bank holding company that is an insurance company.
(2) Rule of construction Requiring a bank holding company that is an insurance company, a savings and loan holding company that is an insurance company, an affiliate of an insured depository institution that is an insurance company, or any other company that is an insurance company and that directly or indirectly controls an insured depository institution to serve as a source of financial strength under this section shall be deemed an action of the Board that requires a bank holding company to provide funds or other assets to a subsidiary depository institution for purposes of section 1844(g) of this title.
(d) Reports The appropriate Federal banking agency for an insured depository institution described in subsection (b) may, from time to time, require the company, or a company that directly or indirectly controls the insured depository institution, to submit a report, under oath, for the purposes of—
(1) assessing the ability of such company to comply with the requirement under subsection (b); and
(2) enforcing the compliance of such company with the requirement under subsection (b).
(e) Rules Not later than 1 year after the transfer date, as defined in section 5411 of this title, the appropriate Federal banking agencies shall jointly issue final rules to carry out this section.
(f) Definition In this section, the term “source of financial strength” means the ability of a company that directly or indirectly owns or controls an insured depository institution to provide financial assistance to such insured depository institution in the event of the financial distress of the insured depository institution.
(Sept. 21, 1950, ch. 967, § 2[38A], as added Pub. L. 111203, title VI, § 616(d), July 21, 2010, 124 Stat. 1616; amended Pub. L. 114113, div. O, title VII, § 706(a), Dec. 18, 2015, 129 Stat. 3029.)
## Notes
Editorial Notes
Amendments2015—Subsecs. (c) to (f). Pub. L. 114113 added subsec. (c) and redesignated former subsecs. (c) to (e) as (d) to (f), respectively.
Statutory Notes and Related Subsidiaries
Effective DateSection effective on the transfer date, see section 616(e) of Pub. L. 111203, set out as an Effective Date of 2010 Amendment note under section 1467a of this title.
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# 12 U.S.C. § 1831p1 - Standards for safety and soundness
## Text
(a) Operational and managerial standards Each appropriate Federal banking agency shall, for all insured depository institutions, prescribe—
(1) standards relating to—
(A) internal controls, information systems, and internal audit systems, in accordance with section 1831m of this title;
(B) loan documentation;
(C) credit underwriting;
(D) interest rate exposure;
(E) asset growth; and
(F) compensation, fees, and benefits, in accordance with subsection (c); and
(2) such other operational and managerial standards as the agency determines to be appropriate.
(b) Asset quality, earnings, and stock valuation standards Each appropriate Federal banking agency shall prescribe standards, by regulation or guideline, for all insured depository institutions relating to asset quality, earnings, and stock valuation that the agency determines to be appropriate.
(c) Compensation standards Each appropriate Federal banking agency shall, for all insured depository institutions, prescribe—
(1) standards prohibiting as an unsafe and unsound practice any employment contract, compensation or benefit agreement, fee arrangement, perquisite, stock option plan, post­employment benefit, or other compensatory arrangement that—
(A) would provide any executive officer, employee, director, or principal shareholder of the institution with excessive compensation, fees or benefits; or
(B) could lead to material financial loss to the institution;
(2) standards specifying when compensation, fees, or benefits referred to in paragraph (1) are excessive, which shall require the agency to determine whether the amounts are unreasonable or disproportionate to the services actually performed by the individual by considering—
(A) the combined value of all cash and noncash benefits provided to the individual;
(B) the compensation history of the individual and other individuals with comparable expertise at the institution;
(C) the financial condition of the institution;
(D) comparable compensation practices at comparable institutions, based upon such factors as asset size, geographic location, and the complexity of the loan portfolio or other assets;
(E) for postemployment benefits, the projected total cost and benefit to the institution;
(F) any connection between the individual and any fraudulent act or omission, breach of trust or fiduciary duty, or insider abuse with regard to the institution; and
(G) other factors that the agency determines to be relevant; and
(3) such other standards relating to compensation, fees, and benefits as the agency determines to be appropriate.
(d) Standards to be prescribed (1) In general Standards under subsections (a), (b), and (c) shall be prescribed by regulation or guideline. Such regulations or guidelines may not prescribe standards that set a specific level or range of compensation for directors, officers, or employees of insured depository institutions.
(2) Applicability of other laws Paragraph (1) shall not affect the authority of any appropriate Federal banking agency to restrict the level of compensation, including golden parachute payments (as defined in section 1828(k)(4) of this title), paid to any director, officer, or employee of an insured depository institution under any other provision of law.
(3) Senior executive officers at undercapitalized institutions Paragraph (1) shall not affect the authority of any appropriate Federal banking agency to restrict compensation paid to any senior executive officer of an undercapitalized insured depository institution pursuant to section 1831o of this title.
(4) Safety and soundness or enforcement actions Paragraph (1) shall not be construed as affecting the authority of any appropriate Federal banking agency under any provision of this chapter other than this section, or under any other provision of law, to prescribe a specific level or range of compensation for any director, officer, or employee of an insured depository institution—
(A) to preserve the safety and soundness of the institution; or
(B) in connection with any action under section 1818 of this title or any order issued by the agency, any agreement between the agency and the institution, or any condition imposed by the agency in connection with the agencys approval of an application or other request by the institution, which is enforceable under section 1818 of this title.
(e) Failure to meet standards (1) Plan required (A) In general If the appropriate Federal banking agency determines that an insured depository institution fails to meet any standard prescribed under subsection (a) or (b)—
(i) if such standard is prescribed by regulation of the agency, the agency shall require the institution to submit an acceptable plan to the agency within the time allowed by the agency under subparagraph (C); and
(ii) if such standard is prescribed by guideline, the agency may require the institution to submit a plan described in clause (i).
(B) Contents of plan Any plan required under subparagraph (A) shall specify the steps that the institution will take to correct the deficiency. If the institution is undercapitalized, the plan may be part of a capital restoration plan.
(C) Deadlines for submission and review of plans The appropriate Federal banking agency shall by regulation establish deadlines that—
(i) provide institutions with reasonable time to submit plans required under subparagraph (A), and generally require the institution to submit a plan not later than 30 days after the agency determines that the institution fails to meet any standard prescribed under subsection (a), (b), or (c); and
(ii) require the agency to act on plans expeditiously, and generally not later than 30 days after the plan is submitted.
(2) Order required if institution fails to submit or implement plan If an insured depository institution fails to submit an acceptable plan within the time allowed under paragraph (1)(C), or fails in any material respect to implement a plan accepted by the appropriate Federal banking agency, the agency, by order—
(A) shall require the institution to correct the deficiency; and
(B) may do 1 or more of the following until the deficiency has been corrected:
(i) Prohibit the institution from permitting its average total assets during any calendar quarter to exceed its average total assets during the preceding calendar quarter, or restrict the rate at which the average total assets of the institution may increase from one calendar quarter to another.
(ii) Require the institution to increase its ratio of tangible equity to assets.
(iii) Take the action described in section 1831o(f)(2)(C) of this title.
(iv) Require the institution to take any other action that the agency determines will better carry out the purpose of section 1831o of this title than any of the actions described in this subparagraph.
(3) Restrictions mandatory for certain institutions In complying with paragraph (2), the appropriate Federal banking agency shall take 1 or more of the actions described in clauses (i) through (iii) of paragraph (2)(B) if—
(A) the agency determines that the insured depository institution fails to meet any standard prescribed under subsection (a)(1) or (b)(1);
(B) the institution has not corrected the deficiency; and
(C) either—
(i) during the 24-month period before the date on which the institution first failed to meet the standard—
(I) the institution commenced operations; or
(II) 1 or more persons acquired control of the institution; or
(ii) during the 18-month period before the date on which the institution first failed to meet the standard, the institution underwent extraordinary growth, as defined by the agency.
(f) Definitions For purposes of this section, the terms “average” and “capital restoration plan” have the same meanings as in section 1831o of this title.
(g) Other authority not affected The authority granted by this section is in addition to any other authority of the Federal banking agencies.
(Sept. 21, 1950, ch. 967, § 2[39], as added Pub. L. 102242, title I, § 132(a), Dec. 19, 1991, 105 Stat. 2267; amended Pub. L. 102550, title IX, § 956, Oct. 28, 1992, 106 Stat. 3895; Pub. L. 103325, title III, § 318(a)(c), Sept. 23, 1994, 108 Stat. 2223, 2224.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 1831s of this title. Another section 2[39] of act Sept. 21, 1950, was renumbered section 2[42] and is classified to section 1831r1 of this title.
Amendments1994—Subsec. (a). Pub. L. 103325, § 318(c)(1), struck out “and depository institution holding companies” before “, prescribe” in introductory provisions. Subsec. (b). Pub. L. 103325, § 318(a), amended heading and text of subsec. (b) generally. Prior to amendment, text read as follows: “Each appropriate Federal banking agency shall, for all insured depository institutions and depository institution holding companies, prescribe— “(1) standards specifying— “(A) a maximum ratio of classified assets to capital; “(B) minimum earnings sufficient to absorb losses without impairing capital; and “(C) to the extent feasible, a minimum ratio of market value to book value for publicly traded shares of the institution or company; and “(2) such other standards relating to asset quality, earnings, and valuation as the agency determines to be appropriate.” Subsec. (d). Pub. L. 103325, § 318(b)(1), struck out “by regulation” after “Standards to be prescribed” in heading. Subsec. (d)(1). Pub. L. 103325, § 318(b)(2), inserted “or guideline” before period at end of first sentence and inserted “or guidelines” after “Such regulations” in second sentence. Subsec. (e)(1)(A). Pub. L. 103325, § 318(c)(2)(A)(C), struck out “or depository institution holding company” after “insured depository institution”, substituted “or (b)— “(i) if such standard is prescribed by regulation of the agency, the agency shall require” for “or (b) of this section the agency shall require”, struck out “or company” before “to submit an acceptable plan”, substituted “; and” for period at end of cl. (i), and added cl. (ii). Subsec. (e)(1)(B). Pub. L. 103325, § 318(c)(2)(A), struck out “or company” before “will take to correct”. Subsec. (e)(1)(C)(i). Pub. L. 103325, § 318(c)(2)(A), (D), struck out “and companies” after “institutions” and struck out “or company” after “institution” in two places. Subsec. (e)(2). Pub. L. 103325, § 318(c)(2)(B), struck out “or depository institution holding company” after “insured depository institution” in introductory provisions. Subsec. (e)(2)(A), (B). Pub. L. 103325, § 318(c)(2)(A), struck out “or company” after “institution” wherever appearing. 1992—Subsec. (d). Pub. L. 102550, § 956(1), added subsec. (d) and struck out former subsec. (d) which read as follows: “Standards under subsections (a), (b), and (c) of this section shall be prescribed by regulation.” Subsec. (e)(1)(A). Pub. L. 102550, § 956(2), substituted “(a) or (b)” for “(a), (b), or (c)”.
Statutory Notes and Related Subsidiaries
Effective Date of 1994 AmendmentPub. L. 103325, title III, § 318(d), Sept. 23, 1994, 108 Stat. 2224, provided that: “The amendments made by this section [amending this section] shall be construed to have the same effective date as section 39 of the Federal Deposit Insurance Act [this section], as provided in section 132(c) of the Federal Deposit Insurance Corporation Improvement Act of 1991 [Pub. L. 102242, set out as an Effective Date note below].”
Effective DatePub. L. 102242, title I, § 132(c), Dec. 19, 1991, 105 Stat. 2270, provided that: “The amendment made by subsection (a) [enacting this section] shall become effective on the earlier of— “(1) the date on which final regulations promulgated in accordance with subsection (b) [set out below] become effective [Final rules were published July 10, 1995, 60 F.R. 35674, eff. Aug. 9, 1995.]; or “(2) December 1, 1993.”
RegulationsPub. L. 102242, title I, § 132(b), Dec. 19, 1991, 105 Stat. 2270, provided that: “Each appropriate Federal banking agency (as defined in section 3 of the Federal Deposit Insurance Act [12 U.S.C. 1813]) shall promulgate final regulations under section 39 of the Federal Deposit Insurance Act [12 U.S.C. 1831p1] (as added by subsection (a)) not later than August 1, 1993.”
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# 12 U.S.C. § 1831p - Transferred
## Notes
Editorial Notes
Codification Section, act Sept. 21, 1950, ch. 967, § 2[39], as added Dec. 19, 1991, Pub. L. 102242, title II, § 228, 105 Stat. 2308, which related to notice of branch closure, was renumbered section 2[42] of act Sept. 21, 1950, by Pub. L. 102550, title XI, § 1602(a), Oct. 28, 1992, 106 Stat. 4079, and transferred to section 1831r1 of this title.
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# 12 U.S.C. § 1831r1 - Notice of branch closure
## Text
(a) Notice to appropriate Federal banking agency (1) In general An insured depository institution which proposes to close any branch shall submit a notice of the proposed closing to the appropriate Federal banking agency not later than the first day of the 90-day period ending on the date proposed for the closing.
(2) Contents of notice A notice under paragraph (1) shall include—
(A) a detailed statement of the reasons for the decision to close the branch; and
(B) statistical or other information in support of such reasons.
(b) Notice to customers (1) In general An insured depository institution which proposes to close a branch shall provide notice of the proposed closing to its customers.
(2) Contents of notice Notice under paragraph (1) shall consist of—
(A) posting of a notice in a conspicuous manner on the premises of the branch proposed to be closed during not less than the 30-day period ending on the date proposed for that closing; and
(B) inclusion of a notice in—
(i) at least one of any regular account statements mailed to customers of the branch proposed to be closed, or
(ii) in a separate mailing,
by not later than the beginning of the 90-day period ending on the date proposed for that closing.
(c) Adoption of policies Each insured depository institution shall adopt policies for closings of branches of the institution.
(d) Branch closures in interstate banking or branching operations (1) Notice requirements In the case of an interstate bank which proposes to close any branch in a low- or moderate-income area, the notice required under subsection (b)(2) shall contain the mailing address of the appropriate Federal banking agency and a statement that comments on the proposed closing of such branch may be mailed to such agency.
(2) Action required by appropriate Federal banking agency If, in the case of a branch referred to in paragraph (1)—
(A) a person from the area in which such branch is located—
(i) submits a written request relating to the closing of such branch to the appropriate Federal banking agency; and
(ii) includes a statement of specific reasons for the request, including a discussion of the adverse effect of such closing on the availability of banking services in the area affected by the closing of the branch; and
(B) the agency concludes that the request is not frivolous,
the agency shall consult with community leaders in the affected area and convene a meeting of representatives of the agency and other interested depository institution regulatory agencies with community leaders in the affected area and such other individuals, organizations, and depository institutions (as defined in section 461(b)(1)(A) of this title) as the agency may determine, in the discretion of the agency, to be appropriate, to explore the feasibility of obtaining adequate alternative facilities and services for the affected area, including the establishment of a new branch by another depository institution, the chartering of a new depository institution, or the establishment of a community development credit union, following the closing of the branch.
(3) No effect on closing No action by the appropriate Federal banking agency under paragraph (2) shall affect the authority of an interstate bank to close a branch (including the timing of such closing) if the requirements of subsections (a) and (b) have been met by such bank with respect to the branch being closed.
(4) Definitions For purposes of this subsection, the following definitions shall apply:
(A) Interstate bank defined The term “interstate bank” means a bank which maintains branches in more than 1 State.
(B) Low- or moderate-income area The term “low- or moderate-income area” means a census tract for which the median family income is—
(i) less than 80 percent of the median family income for the metropolitan statistical area (as designated by the Director of the Office of Management and Budget) in which the census tract is located; or
(ii) in the case of a census tract which is not located in a metropolitan statistical area, less than 80 percent of the median family income for the State in which the census tract is located, as determined without taking into account family income in metropolitan statistical areas in such State.
(e) Scope of application This section shall not apply with respect to—
(1) an automated teller machine;
(2) the relocation of a branch or consolidation of one or more branches into another branch, if the relocation or consolidation—
(A) occurs within the immediate neighborhood; and
(B) does not substantially affect the nature of the business or customers served; or
(3) a branch that is closed in connection with—
(A) an emergency acquisition under—
(i) section 1821(n) of this title; or
(ii) subsection (f) or (k) of section 1823 of this title; or
(B) any assistance provided by the Corporation under section 1823(c) of this title.
(Sept. 21, 1950, ch. 967, § 2[42], formerly § 2[39], as added Pub. L. 102242, title II, § 228, Dec. 19, 1991, 105 Stat. 2308; renumbered § 2[42], Pub. L. 102550, title XVI, § 1602(a), Oct. 28, 1992, 106 Stat. 4078; amended Pub. L. 103328, title I, § 106, Sept. 29, 1994, 108 Stat. 2357; Pub. L. 104208, div. A, title II, § 2213, Sept. 30, 1996, 110 Stat. 3009411.)
## Notes
Editorial Notes
Codification Section was classified to section 1831p of this title prior to renumbering by Pub. L. 102550.
Amendments1996—Subsec. (e). Pub. L. 104208 added subsec. (e). 1994—Subsec. (d). Pub. L. 103328 added subsec. (d).
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# 12 U.S.C. § 1831r - Payments on foreign deposits prohibited
## Text
(a) In general Notwithstanding any other provision of law, the Corporation, the Board of Governors of the Federal Reserve System, the Resolution Trust Corporation, any other agency, department, and instrumentality of the United States, and any corporation owned or controlled by the United States may not, directly or indirectly, make any payment or provide any assistance, guarantee, or transfer under this chapter or any other provision of law in connection with any insured depository institution which would have the direct or indirect effect of satisfying, in whole or in part, any claim against the institution for obligations of the institution which would constitute deposits as defined in section 1813(l) of this title but for subparagraphs (A) and (B) of section 1813(l)(5) of this title.
(b) Exception Subsection (a) shall not apply to any payment, assistance, guarantee, or transfer made or provided by the Corporation if the Board of Directors determines in writing that such action is not inconsistent with any requirement of section 1823(c) of this title.
(c) Discount window lending No provision of this section shall be construed as prohibiting any Federal Reserve bank from making advances or otherwise extending credit pursuant to the Federal Reserve Act [12 U.S.C. 221 et seq.] to any insured depository institution to the extent that such advance or extension of credit is consistent with the conditions and limitations imposed under section 10B of such Act [12 U.S.C. 347b].
(Sept. 21, 1950, ch. 967, § 2[41], as added Pub. L. 102242, title III, § 312, Dec. 19, 1991, 105 Stat. 2367.)
## Notes
Editorial Notes
References in TextThe Federal Reserve Act, referred to in subsec. (c), 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.
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# 12 U.S.C. § 1831s - Transferred
## Notes
Editorial Notes
Codification Section, act Sept. 21, 1950, ch. 967, § 2[39], as added Dec. 19, 1991, Pub. L. 102242, title I, § 132(a), 105 Stat. 2267, as amended, which related to standards for safety and soundness, was transferred to section 1831p1 of this title.
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# 12 U.S.C. § 1831t - Depository institutions lacking Federal deposit insurance
## Text
(a) Annual independent audit of private deposit insurers (1) Audit required Any private deposit insurer shall obtain an annual audit from an independent auditor using generally accepted auditing standards. The audit shall include a determination of whether the private deposit insurer follows generally accepted accounting principles and has set aside sufficient reserves for losses.
(2) Providing copies of audit report (A) Private deposit insurer The private deposit insurer shall provide a copy of the audit report—
(i) to each depository institution the deposits of which are insured by the private deposit insurer, not later than 14 days after the audit is completed;
(ii) to the appropriate supervisory agency of each State in which such an institution receives deposits, not later than 7 days after the audit is completed; and
(iii) in the case of depository institutions described in subsection (e)(2)(A) the deposits of which are insured by the private insurer which are members of a Federal home loan bank, to the Federal Housing Finance Agency, not later than 7 days after the audit is completed.
(B) Depository institution Any depository institution the deposits of which are insured by the private deposit insurer shall provide a copy of the audit report, upon request, to any current or prospective customer of the institution.
(3) Enforcement by appropriate State supervisor Any appropriate State supervisor of a private deposit insurer, and any appropriate State supervisor of a depository institution which receives deposits that are insured by a private deposit insurer, may examine and enforce compliance with this subsection under the applicable regulatory authority of such supervisor.
(b) Disclosure required Any depository institution lacking Federal deposit insurance shall, within the United States, do the following:
(1) Periodic statements; account records Include conspicuously in all periodic statements of account, on each signature card, and on each passbook, certificate of deposit, or share certificate.11 So in original. The period probably should not appear. a notice that the institution is not federally insured, and that if the institution fails, the Federal Government does not guarantee that depositors will get back their money.
(2) Advertising; premises (A) In general Include clearly and conspicuously in all advertising, except as provided in subparagraph (B); and at each station or window where deposits are normally received, its principal place of business and all its branches where it accepts deposits or opens accounts (excluding automated teller machines or point of sale terminals), and on its main Internet page, a notice that the institution is not federally insured.
(B) Exceptions The following need not include a notice that the institution is not federally insured:
(i) Any sign, document, or other item that contains the name of the depository institution, its logo, or its contact information, but only if the sign, document, or item does not include any information about the institutions products or services or information otherwise promoting the institution.
(ii) Small utilitarian items that do not mention deposit products or insurance if inclusion of the notice would be impractical.
(3) Acknowledgment of disclosure (A) New depositors obtained other than through a conversion or merger With respect to any depositor who was not a depositor at the depository institution before October 13, 2006, and who is not a depositor as described in subparagraph (B), receive any deposit for the account of such depositor only if the depositor has signed a written acknowledgement that—
(i) the institution is not federally insured; and
(ii) if the institution fails, the Federal Government does not guarantee that the depositor will get back the depositors money.
(B) New depositors obtained through a conversion or merger With respect to a depositor at a federally insured depository institution that converts to, or merges into, a depository institution lacking federal insurance after October 13, 2006, receive any deposit for the account of such depositor only if—
(i) the depositor has signed a written acknowledgement described in subparagraph (A); or
(ii) the institution makes an attempt, as described in subparagraph (D) and sent by mail no later than 45 days after the effective date of the conversion or merger, to obtain the acknowledgment.
(C) Current depositors Receive any deposit after October 13, 2006, for the account of any depositor who was a depositor on that date only if—
(i) the depositor has signed a written acknowledgement described in subparagraph (A); or
(ii) the institution has complied with the provisions of subparagraph (E) which are applicable as of the date of the deposit.
(D) Alternative provision of notice to new depositors obtained through a conversion or merger (i) 22 So in original. No cl. (ii) has been enacted. In general Transmit to each depositor who has not signed a written acknowledgement described in subparagraph (A)—
(I) a conspicuous card containing the information described in clauses (i) and (ii) of subparagraph (A), and a line for the signature of the depositor; and
(II) accompanying materials requesting the depositor to sign the card, and return the signed card to the institution.
(E) Alternative provision of notice to current depositors (i) In general Transmit to each depositor who was a depositor before October 13, 2006, and has not signed a written acknowledgement described in subparagraph (A)—
(I) a conspicuous card containing the information described in clauses (i) and (ii) of subparagraph (A), and a line for the signature of the depositor; and
(II) accompanying materials requesting the depositor to sign the card, and return the signed card to the institution.
(ii) Manner and timing of notice (I) First notice Make the transmission described in clause (i) via mail not later than three months after October 13, 2006.
(II) Second notice Make a second transmission described in clause (i) via mail not less than 30 days and not more than three months after a transmission to the depositor in accordance with subclause (I), if the institution has not, by the date of such mailing, received from the depositor a card referred to in clause (i) which has been signed by the depositor.
(c) Manner and content of disclosure To ensure that current and prospective customers understand the risks involved in foregoing Federal deposit insurance, the Bureau, by regulation or order, shall prescribe the manner and content of disclosure required under this section, which shall be presented in such format and in such type size and manner as to be simple and easy to understand.
(d) Exceptions for institutions not receiving retail deposits The Bureau may, by regulation or order, make exceptions to subsection (b) for any depository institution that, within the United States, does not receive initial deposits of less than an amount equal to the standard maximum deposit insurance amount from individuals who are citizens or residents of the United States, other than money received in connection with any draft or similar instrument issued to transmit money.
(e) Definitions For purposes of this section:
(1) Appropriate supervisor The “appropriate supervisor” of a depository institution means the agency primarily responsible for supervising the institution.
(2) Depository institution The term “depository institution” includes—
(A) any entity described in section 461(b)(1)(A)(iv) of this title; and
(B) any entity that, as determined by the Bureau—
(i) is engaged in the business of receiving deposits; and
(ii) could reasonably be mistaken for a depository institution by the entitys current or prospective customers.
(3) Lacking Federal deposit insurance A depository institution lacks Federal deposit insurance if the institution is not either—
(A) an insured depository institution; or
(B) an insured credit union, as defined in section 101 of the Federal Credit Union Act [12 U.S.C. 1752].
(4) Private deposit insurer The term “private deposit insurer” means any entity insuring the deposits of any depository institution lacking Federal deposit insurance.
(5) Bureau The term “Bureau” means the Bureau of Consumer Financial Protection.
(f) Enforcement (1) Limited enforcement authority Compliance with the requirements of subsections (b), (c), and (e), and any regulation prescribed or order issued under such subsection, shall be enforced under the Consumer Financial Protection Act of 2010, by the Bureau, subject to subtitle B of the Consumer Financial Protection Act of 2010 [12 U.S.C. 5511 et seq.], and under the Federal Trade Commission Act (15 U.S.C. 41 et seq.) by the Federal Trade Commission.
(2) Broad State enforcement authority (A) In general Subject to subparagraph (C), an appropriate State supervisor of a depository institution lacking Federal deposit insurance may examine and enforce compliance with the requirements of this section, and any regulation prescribed under this section.
(B) State powers For purposes of bringing any action to enforce compliance with this section, no provision of this section shall be construed as preventing an appropriate State supervisor of a depository institution lacking Federal deposit insurance from exercising any powers conferred on such official by the laws of such State.
(C) Limitation on State action while Federal action pending If the Bureau or Federal Trade Commission has instituted an enforcement action for a violation of this section, no appropriate State supervisory agency may, during the pendency of such action, bring an action under this section against any defendant named in the complaint of the Bureau or Federal Trade Commission for any violation of this section that is alleged in that complaint.
(Sept. 21, 1950, ch. 967, § 2[43], formerly § 2[40], as added Pub. L. 102242, title I, § 151(a)(1), Dec. 19, 1991, 105 Stat. 2282; renumbered § 2[43], Pub. L. 102550, title XVI § 1602(b), Oct. 28, 1992, 106 Stat. 4078; amended Pub. L. 103325, title III, § 340(a), Sept. 23, 1994, 108 Stat. 2237; Pub. L. 109173, § 2(c)(3), Feb. 15, 2006, 119 Stat. 3602; Pub. L. 109351, title V, § 505, Oct. 13, 2006, 120 Stat. 1975; Pub. L. 111203, title X, § 1090(2), July 21, 2010, 124 Stat. 2094; Pub. L. 11494, div. G, title LXXXII, § 82001(b), Dec. 4, 2015, 129 Stat. 1796.)
## Notes
Editorial Notes
References in TextThe Consumer Financial Protection Act of 2010, referred to in subsec. (f)(1), is title X of Pub. L. 111203, July 21, 2010, 124 Stat. 1955, which enacted subchapter V (§ 5481 et seq.) of chapter 53 of this title and enacted, amended, and repealed numerous other sections and notes in the Code. Subtitle B of the Act is classified generally to part B (§ 5511 et seq.) of subchapter V of chapter 53 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 Federal Trade Commission Act, referred to in subsec. (f)(1), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, which is classified generally to subchapter I (§ 41 et seq.) of chapter 2 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see section 58 of Title 15 and Tables.
Amendments2015—Subsec. (a)(2)(A)(iii). Pub. L. 11494 added cl. (iii). 2010—Subsecs. (c), (d), (e)(2)(B). Pub. L. 111203, § 1090(2)(A)(C)(i), substituted “Bureau” for “Federal Trade Commission”. Subsec. (e)(5). Pub. L. 111203, § 1090(2)(C)(ii), added par. (5). Subsec. (f)(1). Pub. L. 111203, § 1090(2)(D)(i), added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: “Compliance with the requirements of subsections (b), (c) and (e), and any regulation prescribed or order issued under any such subsection, shall be enforced under the Federal Trade Commission Act by the Federal Trade Commission.” Subsec. (f)(2)(C). Pub. L. 111203, § 1090(2)(D)(ii), added subpar. (C) and struck out former subpar. (C). Prior to amendment, text read as follows: “If the Federal Trade Commission has instituted an enforcement action for a violation of this section, no appropriate State supervisor may, during the pendency of such action, bring an action under this section against any defendant named in the complaint of the Commission for any violation of this section that is alleged in that complaint.” 2006—Subsec. (a)(3). Pub. L. 109351, § 505(a), added par. (3). Subsec. (b)(1). Pub. L. 109351, § 505(b), substituted “or share certificate.” for “or similar instrument evidencing a deposit”. Subsec. (b)(2). Pub. L. 109351, § 505(c), amended heading and text generally. Prior to amendment, text read as follows: “Include conspicuously in all advertising and at each place where deposits are normally received a notice that the institution is not federally insured.” Subsec. (b)(3). Pub. L. 109351, § 505(d), amended par. (3) generally. Prior to amendment, par. (3) related to acknowledgement of disclosure and consisted of subpars. (A) to (C). Subsec. (c). Pub. L. 109351, § 505(e), amended heading and text generally. Prior to amendment, text read as follows: “To ensure that current and prospective customers understand the risks involved in foregoing Federal deposit insurance, the Federal Trade Commission, by regulation or order, shall prescribe the manner and content of disclosure required under this section.” Subsec. (d). Pub. L. 109173 substituted “an amount equal to the standard maximum deposit insurance amount” for “$100,000”. Subsec. (e). Pub. L. 109351, § 505(f), redesignated subsec. (f) as (e) and struck out former subsec. (e) which related to eligibility for Federal deposit insurance. Subsec. (f). Pub. L. 109351, § 505(g), amended heading and text generally. Prior to amendment, text read as follows: “Compliance with the requirements of this section, and any regulation prescribed or order issued under this section, shall be enforced under the Federal Trade Commission Act by the Federal Trade Commission.” Pub. L. 109351, § 505(f)(2), redesignated subsec. (g) as (f). Former subsec. (f) redesignated (e). Subsec. (g). Pub. L. 109351, § 505(f)(2), redesignated subsec. (g) as (f). 1994—Subsec. (b)(3). Pub. L. 103325 amended heading and text of subsec. (b)(3) generally. Prior to amendment, text read as follows: “Receive deposits only for the account of persons who have signed a written acknowledgment that the institution is not federally insured, and that if the institution fails, the Federal Government does not guarantee that they will get back their money.”
Statutory Notes and Related Subsidiaries
Effective Date of 2010 AmendmentAmendment by Pub. L. 111203 effective on the designated transfer date, see section 1100H of Pub. L. 111203, set out as a note under section 552a of Title 5, Government Organization and Employees.
Effective Date of 2006 AmendmentAmendment by Pub. L. 109173 effective Apr. 1, 2006, see section 2(e) of Pub. L. 109173, set out as a note under section 1785 of this title.
Effective Date of 1994 AmendmentPub. L. 103325, title III, § 340(b), Sept. 23, 1994, 108 Stat. 2238, provided that: “Section 43(b)(3) of the Federal Deposit Insurance Act [12 U.S.C. 1831t(b)(3)], as amended by subsection (a), shall take effect in accordance with section 151(a)(2)(D) of the Federal Deposit Insurance Corporation Improvement Act of 1991 [see Effective Date note below].”
Effective DatePub. L. 102242, title I, § 151(a)(2), Dec. 19, 1991, 105 Stat. 2284, provided that: “Section 40 of the Federal Deposit Insurance Act [12 U.S.C. 1831t] (as added by paragraph (1)) shall become effective on the date of enactment of this Act [Dec. 19, 1991], except that— “(A) paragraphs (1) and (2) of subsection (b) shall become effective 1 year after the date of enactment of this Act; “(B) during the period beginning 1 year after that date of enactment of this Act and ending 30 months after that date of enactment, subsection (b)(1) shall apply with , and that if the institution fails, the Federal Government does not guarantee that depositors will get back their money omitted; “(C) subsection (e) shall become effective 2 years after that date of enactment; and “(D) subsection (b)(3) shall become effective 30 months after that date of enactment.”
Viability of Private Deposit InsurersPub. L. 102242, title I, § 151(b), Dec. 19, 1991, 105 Stat. 2285, as amended by Pub. L. 102550, title XVI, § 1603(f)(1), Oct. 28, 1992, 106 Stat. 4081, provided that: “(1) Deadline for initial independent audit.—The initial annual audit under section 43(a)(1) of the Federal Deposit Insurance Act [12 U.S.C. 1831t(a)(1)] (as added by subsection (a)) shall be completed not later than 120 days after the date of enactment of this Act [Dec. 19, 1991]. “(2) Business plan required.—Not later than 240 days after the date of enactment of this Act [Dec. 19, 1991], any private deposit insurer shall provide a business plan to each appropriate supervisor of each State in which deposits are received by any depository institution lacking Federal deposit insurance the deposits of which are insured by a private deposit insurer. The business plan shall explain in detail why the private deposit insurer is viable, and shall, at a minimum—“(A) describe the insurers—“(i) underwriting standards; “(ii) resources, including trends in and forecasts of assets, income, and expenses; “(iii) risk-management program, including examination and supervision, problem case resolution, and remedies; and “(B) include, for the preceding 5 years, copies of annual audits, annual reports, and annual meeting agendas and minutes. “(3) Definitions.—For purposes of this subsection, the terms appropriate supervisor, depository institution, lacking Federal deposit insurance, and private deposit insurer have the same meaning as in section 43(f) of the Federal Deposit Insurance Act [12 U.S.C. 1831t(f)] (as added by subsection (a)).”
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# 12 U.S.C. § 1831u - Interstate bank mergers
## Text
(a) Approval of interstate merger transactions authorized (1) In general Beginning on June 1, 1997, the responsible agency may approve a merger transaction under section 1828(c) of this title between insured banks with different home States, without regard to whether such transaction is prohibited under the law of any State.
(2) State election to prohibit interstate merger transactions (A) In general Notwithstanding paragraph (1), a merger transaction may not be approved pursuant to paragraph (1) if the transaction involves a bank the home State of which has enacted a law after September 29, 1994, and before June 1, 1997, that—
(i) applies equally to all out-of-State banks; and
(ii) expressly prohibits merger transactions involving out-of-State banks.
(B) No effect on prior approvals of merger transactions A law enacted by a State pursuant to subparagraph (A) shall have no effect on merger transactions that were approved before the effective date of such law.
(3) State election to permit early interstate merger transactions (A) In general A merger transaction may be approved pursuant to paragraph (1) before June 1, 1997, if the home State of each bank involved in the transaction has in effect, as of the date of the approval of such transaction, a law that—
(i) applies equally to all out-of-State banks; and
(ii) expressly permits interstate merger transactions with all out-of-State banks.
(B) Certain conditions allowed A host State may impose conditions on a branch within such State of a bank resulting from an interstate merger transaction if—
(i) the conditions do not have the effect of discriminating against out-of-State banks, out-of-State bank holding companies, or any subsidiary of such bank or company (other than on the basis of a nationwide reciprocal treatment requirement);
(ii) the imposition of the conditions is not preempted by Federal law; and
(iii) the conditions do not apply or require performance after May 31, 1997.
(4) Interstate merger transactions involving acquisitions of branches (A) In general An interstate merger transaction may involve the acquisition of a branch of an insured bank without the acquisition of the bank only if the law of the State in which the branch is located permits out-of-State banks to acquire a branch of a bank in such State without acquiring the bank.
(B) Treatment of branch for purposes of this section In the case of an interstate merger transaction which involves the acquisition of a branch of an insured bank without the acquisition of the bank, the branch shall be treated, for purposes of this section, as an insured bank the home State of which is the State in which the branch is located.
(5) Preservation of State age laws (A) In general The responsible agency may not approve an application pursuant to paragraph (1) that would have the effect of permitting an out-of-State bank or out-of-State bank holding company to acquire a bank in a host State that has not been in existence for the minimum period of time, if any, specified in the statutory law of the host State.
(B) Special rule for State age laws specifying a period of more than 5 years Notwithstanding subparagraph (A), the responsible agency may approve a merger transaction pursuant to paragraph (1) involving the acquisition of a bank that has been in existence at least 5 years without regard to any longer minimum period of time specified in a statutory law of the host State.
(6) Shell banks For purposes of this subsection, a bank that has been chartered solely for the purpose of, and does not open for business prior to, acquiring control of, or acquiring all or substantially all of the assets of, an existing bank or branch shall be deemed to have been in existence for the same period of time as the bank or branch to be acquired.
(b) Provisions relating to application and approval process (1) Compliance with State filing requirements (A) In general Any bank which files an application for an interstate merger transaction shall—
(i) comply with the filing requirements of any host State of the bank which will result from such transaction to the extent that the requirement—
(I) does not have the effect of discriminating against out-of-State banks or out-of-State bank holding companies or subsidiaries of such banks or bank holding companies; and
(II) is similar in effect to any requirement imposed by the host State on a nonbanking corporation incorporated in another State that engages in business in the host State; and
(ii) submit a copy of the application to the State bank supervisor of the host State.
(B) Penalty for failure to comply The responsible agency may not approve an application for an interstate merger transaction if the applicant materially fails to comply with subparagraph (A).
(2) Concentration limits (A) Nationwide concentration limits The responsible agency may not approve an application for an interstate merger transaction if the resulting bank (including all insured depository institutions which are affiliates of the resulting bank), upon consummation of the transaction, would control more than 10 percent of the total amount of deposits of insured depository institutions in the United States.
(B) Statewide concentration limits other than with respect to initial entries The responsible agency may not approve an application for an interstate merger transaction if—
(i) any bank involved in the transaction (including all insured depository institutions which are affiliates of any such bank) has a branch in any State in which any other bank involved in the transaction has a branch; and
(ii) the resulting bank (including all insured depository institutions which would be affiliates of the resulting bank), upon consummation of the transaction, would control 30 percent or more of the total amount of deposits of insured depository institutions in any such State.
(C) Effectiveness of State deposit caps No provision of this subsection shall be construed as affecting the authority of any State to limit, by statute, regulation, or order, the percentage of the total amount of deposits of insured depository institutions in the State which may be held or controlled by any bank or bank holding company (including all insured depository institutions which are affiliates of the bank or bank holding company) to the extent the application of such limitation does not discriminate against out-of-State banks, out-of-State bank holding companies, or subsidiaries of such banks or holding companies.
(D) Exceptions to subparagraph (B) The responsible agency may approve an application for an interstate merger transaction pursuant to subsection (a) without regard to the applicability of subparagraph (B) with respect to any State if—
(i) there is a limitation described in subparagraph (C) in a State statute, regulation, or order which has the effect of permitting a bank or bank holding company (including all insured depository institutions which are affiliates of the bank or bank holding company) to control a greater percentage of total deposits of all insured depository institutions in the State than the percentage permitted under subparagraph (B); or
(ii) the transaction is approved by the appropriate State bank supervisor of such State and the standard on which such approval is based does not have the effect of discriminating against out-of-State banks, out-of-State bank holding companies, or subsidiaries of such banks or holding companies.
(E) Exception for certain banks This paragraph shall not apply with respect to any interstate merger transaction involving only affiliated banks.
(3) Community reinvestment compliance In determining whether to approve an application for an interstate merger transaction in which the resulting bank would have a branch or bank affiliate immediately following the transaction in any State in which the bank submitting the application (as the acquiring bank) had no branch or bank affiliate immediately before the transaction, the responsible agency shall—
(A) comply with the responsibilities of the agency regarding such application under section 2903 of this title;
(B) take into account the most recent written evaluation under section 2903 of this title of any bank which would be an affiliate of the resulting bank; and
(C) take into account the record of compliance of any applicant bank with applicable State community reinvestment laws.
(4) Adequacy of capital and management skills The responsible agency may approve an application for an interstate merger transaction pursuant to subsection (a) only if—
(A) each bank involved in the transaction is adequately capitalized as of the date the application is filed; and
(B) the responsible agency determines that the resulting bank will be well capitalized and well managed upon the consummation of the transaction.
(5) Surrender of charter after merger transaction The charters of all banks involved in an interstate merger transaction, other than the charter of the resulting bank, shall be surrendered, upon request, to the Federal banking agency or State bank supervisor which issued the charter.
(c) Applicability of certain laws to interstate banking operations (1) State taxation authority not affected (A) In general No provision of this section shall be construed as affecting the authority of any State or political subdivision of any State to adopt, apply, or administer any tax or method of taxation to any bank, bank holding company, or foreign bank, or any affiliate of any bank, bank holding company, or foreign bank, to the extent such tax or tax method is otherwise permissible by or under the Constitution of the United States or other Federal law.
(B) Imposition of shares tax by host States In the case of a branch of an out-of-State bank which results from an interstate merger transaction, a proportionate amount of the value of the shares of the out-of-State bank may be subject to any bank shares tax levied or imposed by the host State, or any political subdivision of such host State that imposes such tax based upon a method adopted by the host State, which may include allocation and apportionment.
(2) Applicability of antitrust laws No provision of this section shall be construed as affecting—
(A) the applicability of the antitrust laws; or
(B) the applicability, if any, of any State law which is similar to the antitrust laws.
(3) Reservation of certain rights to States No provision of this section shall be construed as limiting in any way the right of a State to—
(A) determine the authority of State banks chartered by that State to establish and maintain branches; or
(B) supervise, regulate, and examine State banks chartered by that State.
(4) State-imposed notice requirements A host State may impose any notification or reporting requirement on a branch of an out-of-State bank if the requirement—
(A) does not discriminate against out-of-State banks or bank holding companies; and
(B) is not preempted by any Federal law regarding the same subject.
(d) Operations of the resulting bank (1) Continued operations A resulting bank may, subject to the approval of the appropriate Federal banking agency, retain and operate, as a main office or a branch, any office that any bank involved in an interstate merger transaction was operating as a main office or a branch immediately before the merger transaction.
(2) Additional branches Following the consummation of any interstate merger transaction, the resulting bank may establish, acquire, or operate additional branches at any location where any bank involved in the transaction could have established, acquired, or operated a branch under applicable Federal or State law if such bank had not been a party to the merger transaction.
(3) Certain conditions and commitments continued If, as a condition for the acquisition of a bank by an out-of-State bank holding company before September 29, 1994—
(A) the home State of the acquired bank imposed conditions on such acquisition by such out-of-State bank holding company; or
(B) the bank holding company made commitments to such State in connection with the acquisition,
the State may enforce such conditions and commitments with respect to such bank holding company or any affiliated successor company which controls a bank or branch in such State as a result of an interstate merger transaction to the same extent as the State could enforce such conditions or commitments against the bank holding company before the consummation of the merger transaction.
(e) Exception for banks in default or in danger of default If an application under subsection (a)(1) for approval of a merger transaction which involves 1 or more banks in default or in danger of default or with respect to which the Corporation provides assistance under section 1823(c) of this title, the responsible agency may approve such application without regard to subsection (b), or paragraph (2), (4), or (5) of subsection (a).
(f) Applicable rate and other charge limitations (1) In general In the case of any State that has a constitutional provision that sets a maximum lawful annual percentage rate of interest on any contract at not more than 5 percent above the discount rate for 90-day commercial paper in effect at the Federal reserve bank for the Federal reserve district in which such State is located, except as provided in paragraph (2), upon the establishment in such State of a branch of any out-of-State insured depository institution in such State under this section, the maximum interest rate or amount of interest, discount points, finance charges, or other similar charges that may be charged, taken, received, or reserved (or in the case of a governmental entity located in such State, paid) from time to time in any loan or discount made or upon any note, bill of exchange, financing transaction, or other evidence of debt by—
(A) any insured depository institution whose home State is such State shall be equal to not more than the greater of—
(i) the maximum interest rate or amount of interest, discount points, finance charges, or other similar charges that may be charged, taken, received, or reserved in a similar transaction under the constitution or any statute or other law of the home State of the out-of-State insured depository institution establishing any such branch, without reference to this section, as such maximum interest rate or amount of interest may change from time to time; or
(ii) the maximum rate or amount of interest, discount points, finance charges, or other similar charges that may be charged, taken, received, or reserved in a similar transaction by a State insured depository institution chartered under the laws of such State or a national bank or Federal savings association whose main office is located in such State without reference to this section; and
(B) any governmental entity located in such State or any person that is not a depository institution described in subparagraph (A) doing business in such State, shall be equal to not more than the greater of the States maximum lawful annual percentage rate or 17 percent—
(i) to facilitate the uniform implementation of federally mandated or federally established programs and financings related thereto, including—
(I) uniform accessibility of student loans, including the issuance of qualified student loan bonds as set forth in section 144(b) of title 26;
(II) the uniform accessibility of mortgage loans, including the issuance of qualified mortgage bonds and qualified veterans mortgage bonds as set forth in section 143 of such title;
(III) the uniform accessibility of safe and affordable housing programs administered or subject to review by the Department of Housing and Urban Development, including—
(aa) the issuance of exempt facility bonds for qualified residential rental property as set forth in section 142(d) of such title; and
(bb) the issuance of low income housing tax credits as set forth in section 42 of such title; and
(IV) the uniform accessibility of bonds and obligations issued under the American Recovery and Reinvestment Act of 2009;
(ii) to facilitate interstate commerce through the issuance of bonds and obligations under any provision of State law, including bonds and obligations for the purpose of economic development, education, and improvements to infrastructure; and
(iii) to facilitate interstate commerce generally, including consumer loans, in the case of any person or governmental entity (other than a depository institution subject to subparagraph (A) and paragraph (2)).
(2) Rule of construction (A) In general No provision of this subsection shall be construed as superseding or affecting—
(i) the authority of any insured depository institution to take, receive, reserve, and charge interest on any loan made in any State other than the State referred to in paragraph (1); or
(ii) the applicability of section 1735f7a of this title, section 85 of this title, or section 1831d of this title.
(B) Applicability This subsection shall be construed to apply to any loan or discount made, or note, bill of exchange, financing transaction, or other evidence of debt, originated by an insured depository institution, a governmental entity located in such State, or a person that is not a depository institution described in subparagraph (A) doing business in such State.
(g) Definitions For purposes of this section, the following definitions shall apply:
(1) Adequately capitalized The term “adequately capitalized” has the same meaning as in section 1831o of this title.
(2) Antitrust laws The term “antitrust laws”—
(A) has the same meaning as in subsection (a) of section 12 of title 15; and
(B) includes section 45 of title 15 to the extent such section 45 relates to unfair methods of competition.
(3) Branch The term “branch” means any domestic branch.
(4) Home State The term “home State”—
(A) means—
(i) with respect to a national bank, the State in which the main office of the bank is located; and
(ii) with respect to a State bank, the State by which the bank is chartered; and
(B) with respect to a bank holding company, has the same meaning as in section 1841(o)(4) of this title.
(5) Host State The term “host State” means, with respect to a bank, a State, other than the home State of the bank, in which the bank maintains, or seeks to establish and maintain, a branch.
(6) Interstate merger transaction The term “interstate merger transaction” means any merger transaction approved pursuant to subsection (a)(1).
(7) Merger transaction The term “merger transaction” has the meaning determined under section 1828(c)(3) of this title.
(8) Out-of-State bank The term “out-of-State bank” means, with respect to any State, a bank whose home State is another State.
(9) Out-of-State bank holding company The term “out-of-State bank holding company” means, with respect to any State, a bank holding company whose home State is another State.
(10) Responsible agency The term “responsible agency” means the agency determined in accordance with section 1828(c)(2) of this title with respect to a merger transaction.
(11) Resulting bank The term “resulting bank” means a bank that has resulted from an interstate merger transaction under this section.
(Sept. 21, 1950, ch. 967, § 2[44], as added Pub. L. 103328, title I, § 102(a), Sept. 29, 1994, 108 Stat. 2343; amended Pub. L. 106102, title VII, § 731, Nov. 12, 1999, 113 Stat. 1477; Pub. L. 11132, title V, § 504(a), June 24, 2009, 123 Stat. 1880; Pub. L. 11183, title V, § 563(a), (b), Oct. 28, 2009, 123 Stat. 2183; Pub. L. 111203, title VI, § 607(b), July 21, 2010, 124 Stat. 1608.)
## Notes
Editorial Notes
References in TextThe American Recovery and Reinvestment Act of 2009, referred to in subsec. (f)(1)(B)(i)(IV), is Pub. L. 1115, Feb. 17, 2009, 123 Stat. 115. For complete classification of this Act to the Code, see Short Title of 2009 Amendment note set out under section 1 of Title 26, Internal Revenue Code, and Tables.
Amendments2010—Subsec. (b)(4)(B). Pub. L. 111203 substituted “will be well capitalized and well managed” for “will continue to be adequately capitalized and adequately managed”. 2009—Subsec. (f)(1). Pub. L. 11183, § 563(a)(1), inserted “(or in the case of a governmental entity located in such State, paid)” after “received, or reserved” in introductory provisions. Pub. L. 11132 substituted “evidence of debt by—” for “evidence of debt by”, inserted subpar. (A) designation, redesignated former subpars. (A) and (B) as cls. (i) and (ii), respectively, realigned margins, and added subpar. (B). Subsec. (f)(1)(B). Pub. L. 11183, § 563(a)(2)(A), substituted “governmental entity located in such State or any person that is not a depository institution described in subparagraph (A) doing business in such State” for “nondepository institution operating in such State” in introductory provisions. Subsec. (f)(1)(B)(i)(III)(aa). Pub. L. 11183, § 563(a)(2)(C)(i)(I), inserted “and” at end. Subsec. (f)(1)(B)(i)(III)(bb). Pub. L. 11183, § 563(a)(2)(C)(i)(II), struck out “, to facilitate the uniform accessibility of provisions of the American Recovery and Reinvestment Act of 2009” after “section 42 of such title”. Subsec. (f)(1)(B)(i)(III)(cc). Pub. L. 11183, § 563(a)(2)(C)(i)(III), struck out item (cc), which read as follows: “the issuance of bonds and obligations issued under that Act, to facilitate economic development, higher education, and improvements to infrastructure, and the issuance of bonds and obligations issued under any provision of law to further the same; and”. Subsec. (f)(1)(B)(i)(IV). Pub. L. 11183, § 563(a)(2)(C)(ii), added subcl. (IV). Subsec. (f)(1)(B)(ii), (iii). Pub. L. 11183, § 563(a)(2)(B), (D), added cl. (ii) and redesignated former cl. (ii) as (iii). Subsec. (f)(2). Pub. L. 11183, § 563(b), designated existing provisions as subpar. (A), inserted heading, redesignated former subpars. (A) and (B) as cls. (i) and (ii), respectively, of subpar. (A), realigned margins, and added subpar. (B). 1999—Subsecs. (f), (g). Pub. L. 106102 added subsec. (f) and redesignated former subsec. (f) as (g).
Statutory Notes and Related Subsidiaries
Effective Date of 2010 AmendmentPub. L. 111203, title VI, § 607(c), July 21, 2010, 124 Stat. 1608, provided that: “The amendments made by this section [amending this section and section 1842 of this title] shall take effect on the transfer date.” [For definition of “transfer date” as used in section 607(c) of Pub. L. 111203, set out above, see section 5301 of this title.]
Effective Date of 2009 AmendmentPub. L. 11183, title V, § 563(c), Oct. 28, 2009, 123 Stat. 2184, provided that: “The amendments made by this section [amending this section] shall apply with respect to contracts consummated during the period beginning on the date of enactment of this Act [Oct. 28, 2009] and ending on December 31, 2010.” Pub. L. 11132, title V, § 504(b), June 24, 2009, 123 Stat. 1880, provided that: “The amendments made by subsection (a) [amending this section] shall apply with respect to contracts consummated during the period beginning on the date of enactment of this Act [June 24, 2009] and ending on December 31, 2010.”
@@ -0,0 +1,65 @@
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# 12 U.S.C. § 1831v - Authority of State insurance regulator and Securities and Exchange Commission
## Text
(a) In general Notwithstanding any other provision of law, the provisions of—
(1) section 1844(c) of this title that limit the authority of the Board of Governors of the Federal Reserve System to require reports from, to make examinations of, or to impose capital requirements on holding companies and their functionally regulated subsidiaries or that require deference to other regulators;
(2) section 1844(g) of this title that limit the authority of the Board to require a functionally regulated subsidiary of a holding company to provide capital or other funds or assets to a depository institution subsidiary of the holding company and to take certain actions including requiring divestiture of the depository institution; and
(3) section 1848a 11 See References in Text note below. of this title that limit whatever authority the Board might otherwise have to take direct or indirect action with respect to holding companies and their functionally regulated subsidiaries;
shall also limit whatever authority that a Federal banking agency might otherwise have under any statute or regulation to require reports, make examinations, impose capital requirements, or take any other direct or indirect action with respect to any functionally regulated affiliate of a depository institution, subject to the same standards and requirements as are applicable to the Board under those provisions.
(b) Certain exemption authorized No provision of this section shall be construed as preventing the Corporation, if the Corporation finds it necessary to determine the condition of a depository institution for insurance purposes, from examining an affiliate of any depository institution, pursuant to section 1820(b)(4) of this title, as may be necessary to disclose fully the relationship between the depository institution and the affiliate, and the effect of such relationship on the depository institution.
(c) Definitions For purposes of this section, the following definitions shall apply:
(1) Functionally regulated subsidiary The term “functionally regulated subsidiary” has the meaning given the term in section 1844(c)(5) of this title.
(2) Functionally regulated affiliate The term “functionally regulated affiliate” means, with respect to any depository institution, any affiliate of such depository institution that is—
(A) not a depository institution holding company; and
(B) a company described in any clause of section 1844(c)(5)(B) of this title.
(Sept. 21, 1950, ch. 967, § 2[45], as added Pub. L. 106102, title I, § 112(b), Nov. 12, 1999, 113 Stat. 1367.)
## Notes
Editorial Notes
References in TextSection 1848a of this title, referred to in subsec. (a)(3), was repealed by Pub. L. 111203, title VI, § 604(c)(2), July 21, 2010, 124 Stat. 1601.
Statutory Notes and Related Subsidiaries
Effective DateSection effective 120 days after Nov. 12, 1999, see section 161 of Pub. L. 106102, set out as an Effective Date of 1999 Amendment note under section 24 of this title.
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# 12 U.S.C. § 1831w - Safety and soundness firewalls applicable to financial subsidiaries of banks
## Text
(a) In general An insured State bank may control or hold an interest in a subsidiary that engages in activities as principal that would only be permissible for a national bank to conduct through a financial subsidiary if—
(1) the State bank and each insured depository institution affiliate of the State bank are well capitalized (after the capital deduction required by paragraph (2));
(2) the State bank complies with the capital deduction and financial statement disclosure requirements in section 24a(c) of this title;
(3) the State bank complies with the financial and operational safeguards required by section 24a(d) of this title; and
(4) the State bank complies with the amendments to sections 23A and 23B of the Federal Reserve Act [12 U.S.C. 371c and 371c1] made by section 121(b) of the Gramm-Leach-Bliley Act.
(b) Preservation of existing subsidiaries Notwithstanding subsection (a), an insured State bank may retain control of a subsidiary, or retain an interest in a subsidiary, that the State bank lawfully controlled or acquired before November 12, 1999, and conduct through such subsidiary any activities lawfully conducted in such subsidiary as of such date.
(c) Definitions For purposes of this section, the following definitions shall apply:
(1) Subsidiary The term “subsidiary” means any company that is a subsidiary (as defined in section 1813(w)(4) of this title) of 1 or more insured banks.
(2) Financial subsidiary The term “financial subsidiary” has the meaning given the term in section 24a(g) of this title.
(d) Preservation of authority (1) This chapter No provision of this section shall be construed as superseding the authority of the Federal Deposit Insurance Corporation to review subsidiary activities under section 1831a of this title.
(2) Federal Reserve Act No provision of this section shall be construed as affecting the applicability of the 20th undesignated paragraph of section 9 of the Federal Reserve Act [12 U.S.C. 335].
(Sept. 21, 1950, ch. 967, § 2[46], as added Pub. L. 106102, title I, § 121(d)(1), Nov. 12, 1999, 113 Stat. 1380.)
## Notes
Editorial Notes
References in TextSection 121(b) of the Gramm-Leach-Bliley Act, referred to in subsec. (a)(4), is section 121(b) of Pub. L. 106102, title I, Nov. 12, 1999, 113 Stat. 1378, which amended section 371c of this title.
Statutory Notes and Related Subsidiaries
Effective DateSection effective 120 days after Nov. 12, 1999, see section 161 of Pub. L. 106102, set out as an Effective Date of 1999 Amendment note under section 24 of this title.
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# 12 U.S.C. § 1831x - Insurance customer protections
## Text
(a) Regulations required (1) In general The Federal banking agencies shall prescribe and publish in final form, before the end of the 1-year period beginning on November 12, 1999, customer protection regulations (which the agencies jointly determine to be appropriate) that—
(A) apply to retail sales practices, solicitations, advertising, or offers of any insurance product by any depository institution or any person that is engaged in such activities at an office of the institution or on behalf of the institution; and
(B) are consistent with the requirements of this chapter and provide such additional protections for customers to whom such sales, solicitations, advertising, or offers are directed.
(2) Applicability to subsidiaries The regulations prescribed pursuant to paragraph (1) shall extend such protections to any subsidiary of a depository institution, as deemed appropriate by the regulators referred to in paragraph (3), where such extension is determined to be necessary to ensure the consumer protections provided by this section.
(3) Consultation and joint regulations The Federal banking agencies shall consult with each other and prescribe joint regulations pursuant to paragraph (1), after consultation with the State insurance regulators, as appropriate.
(b) Sales practices The regulations prescribed pursuant to subsection (a) shall include antitying and anticoercion rules applicable to the sale of insurance products that prohibit a depository institution from engaging in any practice that would lead a customer to believe an extension of credit, in violation of section 1972 of this title, is conditional upon—
(1) the purchase of an insurance product from the institution or any of its affiliates; or
(2) an agreement by the consumer not to obtain, or a prohibition on the consumer from obtaining, an insurance product from an unaffiliated entity.
(c) Disclosures and advertising The regulations prescribed pursuant to subsection (a) shall include the following provisions relating to disclosures and advertising in connection with the initial purchase of an insurance product:
(1) Disclosures (A) In general Requirements that the following disclosures be made orally and in writing before the completion of the initial sale and, in the case of clause (iii), at the time of application for an extension of credit:
(i) Uninsured status As appropriate, the product is not insured by the Federal Deposit Insurance Corporation, the United States Government, or the depository institution.
(ii) Investment risk In the case of a variable annuity or other insurance product which involves an investment risk, that there is an investment risk associated with the product, including possible loss of value.
(iii) Coercion The approval of an extension of credit may not be conditioned on—
(I) the purchase of an insurance product from the institution in which the application for credit is pending or of any affiliate of the institution; or
(II) an agreement by the consumer not to obtain, or a prohibition on the consumer from obtaining, an insurance product from an unaffiliated entity.
(B) Making disclosure readily understandable Regulations prescribed under subparagraph (A) shall encourage the use of disclosure that is conspicuous, simple, direct, and readily understandable, such as the following:
(i) “NOT FDIC—INSURED”.
(ii) “NOT GUARANTEED BY THE BANK”.
(iii) “MAY GO DOWN IN VALUE”.
(iv) “NOT INSURED BY ANY GOVERNMENT AGENCY”.
(C) Limitation Nothing in this paragraph requires the inclusion of the foregoing disclosures in advertisements of a general nature describing or listing the services or products offered by an institution.
(D) Meaningful disclosures Disclosures shall not be considered to be meaningfully provided under this paragraph if the institution or its representative states that disclosures required by this subsection were available to the customer in printed material available for distribution, where such printed material is not provided and such information is not orally disclosed to the customer.
(E) Adjustments for alternative methods of purchase In prescribing the requirements under subparagraphs (A) and (F), necessary adjustments shall be made for purchase in person, by telephone, or by electronic media to provide for the most appropriate and complete form of disclosure and acknowledgments.
(F) Consumer acknowledgment A requirement that a depository institution shall require any person selling an insurance product at any office of, or on behalf of, the institution to obtain, at the time a consumer receives the disclosures required under this paragraph or at the time of the initial purchase by the consumer of such product, an acknowledgment by such consumer of the receipt of the disclosure required under this subsection with respect to such product.
(2) Prohibition on misrepresentations A prohibition on any practice, or any advertising, at any office of, or on behalf of, the depository institution, or any subsidiary, as appropriate, that could mislead any person or otherwise cause a reasonable person to reach an erroneous belief with respect to—
(A) the uninsured nature of any insurance product sold, or offered for sale, by the institution or any subsidiary of the institution;
(B) in the case of a variable annuity or insurance product that involves an investment risk, the investment risk associated with any such product; or
(C) in the case of an institution or subsidiary at which insurance products are sold or offered for sale, the fact that—
(i) the approval of an extension of credit to a customer by the institution or subsidiary may not be conditioned on the purchase of an insurance product by such customer from the institution or subsidiary; and
(ii) the customer is free to purchase the insurance product from another source.
(d) Separation of banking and nonbanking activities (1) Regulations required The regulations prescribed pursuant to subsection (a) shall include such provisions as the Federal banking agencies consider appropriate to ensure that the routine acceptance of deposits is kept, to the extent practicable, physically segregated from insurance product activity.
(2) Requirements Regulations prescribed pursuant to paragraph (1) shall include the following requirements:
(A) Separate setting A clear delineation of the setting in which, and the circumstances under which, transactions involving insurance products should be conducted in a location physically segregated from an area where retail deposits are routinely accepted.
(B) Referrals Standards that permit any person accepting deposits from the public in an area where such transactions are routinely conducted in a depository institution to refer a customer who seeks to purchase any insurance product to a qualified person who sells such product, only if the person making the referral receives no more than a one-time nominal fee of a fixed dollar amount for each referral that does not depend on whether the referral results in a transaction.
(C) Qualification and licensing requirements Standards prohibiting any depository institution from permitting any person to sell or offer for sale any insurance product in any part of any office of the institution, or on behalf of the institution, unless such person is appropriately qualified and licensed.
(e) Domestic violence discrimination prohibition (1) In general In the case of an applicant for, or an insured under, any insurance product described in paragraph (2), the status of the applicant or insured as a victim of domestic violence, or as a provider of services to victims of domestic violence, shall not be considered as a criterion in any decision with regard to insurance underwriting, pricing, renewal, or scope of coverage of insurance policies, or payment of insurance claims, except as required or expressly permitted under State law.
(2) Scope of application The prohibition contained in paragraph (1) shall apply to any life or health insurance product which is sold or offered for sale, as principal, agent, or broker, by any depository institution or any person who is engaged in such activities at an office of the institution or on behalf of the institution.
(3) Domestic violence defined For purposes of this subsection, the term “domestic violence” means the occurrence of one or more of the following acts by a current or former family member, household member, intimate partner, or caretaker:
(A) Attempting to cause or causing or threatening another person physical harm, severe emotional distress, psychological trauma, rape, or sexual assault.
(B) Engaging in a course of conduct or repeatedly committing acts toward another person, including following the person without proper authority, under circumstances that place the person in reasonable fear of bodily injury or physical harm.
(C) Subjecting another person to false imprisonment.
(D) Attempting to cause or cause damage to property so as to intimidate or attempt to control the behavior of another person.
(f) Consumer grievance process The Federal banking agencies shall jointly establish a consumer complaint mechanism, for receiving and expeditiously addressing consumer complaints alleging a violation of regulations issued under the section, which shall—
(1) establish a group within each regulatory agency to receive such complaints;
(2) develop procedures for investigating such complaints;
(3) develop procedures for informing consumers of rights they may have in connection with such complaints; and
(4) develop procedures for addressing concerns raised by such complaints, as appropriate, including procedures for the recovery of losses to the extent appropriate.
(g) Effect on other authority (1) In general No provision of this section shall be construed as granting, limiting, or otherwise affecting—
(A) any authority of the Securities and Exchange Commission, any self-regulatory organization, the Municipal Securities Rulemaking Board, or the Secretary of the Treasury under any Federal securities law; or
(B) except as provided in paragraph (2), any authority of any State insurance commission (or any agency or office performing like functions), or of any State securities commission (or any agency or office performing like functions), or other State authority under any State law.
(2) Coordination with State law (A) In general Except as provided in subparagraph (B), insurance customer protection regulations prescribed by a Federal banking agency under this section shall not apply to retail sales, solicitations, advertising, or offers of any insurance product by any depository institution or to any person who is engaged in such activities at an office of such institution or on behalf of the institution, in a State where the State has in effect statutes, regulations, orders, or interpretations, that are inconsistent with or contrary to the regulations prescribed by the Federal banking agencies.
(B) Preemption (i) In general If, with respect to any provision of the regulations prescribed under this section, the Board of Governors of the Federal Reserve System, the Comptroller of the Currency, and the Board of Directors of the Corporation determine jointly that the protection afforded by such provision for customers is greater than the protection provided by a comparable provision of the statutes, regulations, orders, or interpretations referred to in subparagraph (A) of any State, the appropriate State regulatory authority shall be notified of such determination in writing.
(ii) Considerations Before making a final determination under clause (i), the Federal agencies referred to in clause (i) shall give appropriate consideration to comments submitted by the appropriate State regulatory authorities relating to the level of protection afforded to consumers under State law.
(iii) Federal preemption and ability of States to override Federal preemption If the Federal agencies referred to in clause (i) jointly determine that any provision of the regulations prescribed under this section affords greater protections than a comparable State law, rule, regulation, order, or interpretation, those agencies shall send a written preemption notice to the appropriate State regulatory authority to notify the State that the Federal provision will preempt the State provision and will become applicable unless, not later than 3 years after the date of such notice, the State adopts legislation to override such preemption.
(h) Non-discrimination against non-affiliated agents The Federal banking agencies shall ensure that the regulations prescribed pursuant to subsection (a) shall not have the effect of discriminating, either intentionally or unintentionally, against any person engaged in insurance sales or solicitations that is not affiliated with a depository institution.
(Sept. 21, 1950, ch. 967, § 2[47], as added Pub. L. 106102, title III, § 305, Nov. 12, 1999, 113 Stat. 1410.)
@@ -0,0 +1,115 @@
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# 12 U.S.C. § 1831y - CRA sunshine requirements
## Text
(a) Public disclosure of agreements Any agreement (as defined in subsection (e)) entered into after November 12, 1999, by an insured depository institution or affiliate with a nongovernmental entity or person made pursuant to or in connection with the Community Reinvestment Act of 1977 [12 U.S.C. 2901 et seq.] involving funds or other resources of such insured depository institution or affiliate—
(1) shall be in its entirety fully disclosed, and the full text thereof made available to the appropriate Federal banking agency with supervisory responsibility over the insured depository institution and to the public by each party to the agreement; and
(2) shall obligate each party to comply with this section.
(b) Annual report of activity by insured depository institution Each insured depository institution or affiliate that is a party to an agreement described in subsection (a) shall report to the appropriate Federal banking agency with supervisory responsibility over the insured depository institution, not less frequently than once each year, such information as the Federal banking agency may by rule require relating to the following actions taken by the party pursuant to the agreement during the preceding 12-month period:
(1) Payments, fees, or loans made to any party to the agreement or received from any party to the agreement and the terms and conditions of the same.
(2) Aggregate data on loans, investments, and services provided by each party in its community or communities pursuant to the agreement.
(3) Such other pertinent matters as determined by regulation by the appropriate Federal banking agency with supervisory responsibility over the insured depository institution.
(c) Annual report of activity by nongovernmental entities (1) In general Each nongovernmental entity or person that is not an affiliate of an insured depository institution and that is a party to an agreement described in subsection (a) shall report to the appropriate Federal banking agency with supervisory responsibility over the insured depository institution that is a party to such agreement, not less frequently than once each year, an accounting of the use of funds received pursuant to each such agreement during the preceding 12-month period.
(2) Submission to insured depository institution A nongovernmental entity or person referred to in paragraph (1) may comply with the reporting requirement in such paragraph by transmitting the report to the insured depository institution that is a party to the agreement, and such insured depository institution shall promptly transmit such report to the appropriate Federal banking agency with supervisory authority over the insured depository institution.
(3) Information to be included The accounting referred to in paragraph (1) shall include a detailed, itemized list of the uses to which such funds have been made, including compensation, administrative expenses, travel, entertainment, consulting and professional fees paid, and such other categories, as determined by regulation by the appropriate Federal banking agency with supervisory responsibility over the insured depository institution.
(d) Applicability Subsections (b) and (c) shall not apply with respect to any agreement entered into before the end of the 6-month period beginning on November 12, 1999.
(e) Definitions (1) Agreement For purposes of this section, the term “agreement”—
(A) means—
(i) any written contract, written arrangement, or other written understanding that provides for cash payments, grants, or other consideration with a value in excess of $10,000, or for loans the aggregate amount of principal of which exceeds $50,000, annually (or the sum of all such agreements during a 12-month period with an aggregate value of cash payments, grants, or other consideration in excess of $10,000, or with an aggregate amount of loan principal in excess of $50,000); or
(ii) a group of substantively related contracts with an aggregate value of cash payments, grants, or other consideration in excess of $10,000, or with an aggregate amount of loan principal in excess of $50,000, annually;
made pursuant to, or in connection with, the fulfillment of the Community Reinvestment Act of 1977 [12 U.S.C. 2901 et seq.], at least 1 party to which is an insured depository institution or affiliate thereof, whether organized on a profit or not-for-profit basis; and
(B) does not include—
(i) any individual mortgage loan;
(ii) any specific contract or commitment for a loan or extension of credit to individuals, businesses, farms, or other entities, if the funds are loaned at rates not substantially below market rates and if the purpose of the loan or extension of credit does not include any re-lending of the borrowed funds to other parties; or
(iii) any agreement entered into by an insured depository institution or affiliate with a nongovernmental entity or person who has not commented on, testified about, or discussed with the institution, or otherwise contacted the institution, concerning the Community Reinvestment Act of 1977 [12 U.S.C. 2901 et seq.].
(2) Fulfillment of CRA For purposes of subparagraph (A), the term “fulfillment” means a list of factors that the appropriate Federal banking agency determines have a material impact on the agencys decision—
(A) to approve or disapprove an application for a deposit facility (as defined in section 803 of the Community Reinvestment Act of 1977 [12 U.S.C. 2902]); or
(B) to assign a rating to an insured depository institution under section 807 of the Community Reinvestment Act of 1977 [12 U.S.C. 2906].
(f) Violations (1) Violations by persons other than insured depository institutions or their affiliates (A) Material failure to comply If the party to an agreement described in subsection (a) that is not an insured depository institution or affiliate willfully fails to comply with this section in a material way, as determined by the appropriate Federal banking agency, the agreement shall be unenforceable after the offending party has been given notice and a reasonable period of time to perform or comply.
(B) Diversion of funds or resources If funds or resources received under an agreement described in subsection (a) have been diverted contrary to the purposes of the agreement for personal financial gain, the appropriate Federal banking agency with supervisory responsibility over the insured depository institution may impose either or both of the following penalties:
(i) Disgorgement by the offending individual of funds received under the agreement.
(ii) Prohibition of the offending individual from being a party to any agreement described in subsection (a) for a period of not to exceed 10 years.
(2) Designation of successor nongovernmental party If an agreement described in subsection (a) is found to be unenforceable under this subsection, the appropriate Federal banking agency may assist the insured depository institution in identifying a successor nongovernmental party to assume the responsibilities of the agreement.
(3) Inadvertent or de minimis reporting errors An error in a report filed under subsection (c) that is inadvertent or de minimis shall not subject the filing party to any penalty.
(g) Rule of construction No provision of this section shall be construed as authorizing any appropriate Federal banking agency to enforce the provisions of any agreement described in subsection (a).
(h) Regulations (1) In general Each appropriate Federal banking agency shall prescribe regulations, in accordance with paragraph (4), requiring procedures reasonably designed to ensure and monitor compliance with the requirements of this section.
(2) Protection of parties In carrying out paragraph (1), each appropriate Federal banking agency shall—
(A) ensure that the regulations prescribed by the agency do not impose an undue burden on the parties and that proprietary and confidential information is protected; and
(B) establish procedures to allow any nongovernmental entity or person who is a party to a large number of agreements described in subsection (a) to make a single or consolidated filing of a report under subsection (c) to an insured depository institution or an appropriate Federal banking agency.
(3) Parties not subject to reporting requirements The Board of Governors of the Federal Reserve System may prescribe regulations—
(A) to prevent evasions of subsection (e)(1)(B)(iii); and
(B) to provide further exemptions under such subsection, consistent with the purposes of this section.
(4) Coordination, consistency, and comparability In carrying out paragraph (1), each appropriate Federal banking agency shall consult and coordinate with the other such agencies for the purposes of assuring, to the extent possible, that the regulations prescribed by each such agency are consistent and comparable with the regulations prescribed by the other such agencies.
(Sept. 21, 1950, ch. 967, § 2[48], as added Pub. L. 106102, title VII, § 711, Nov. 12, 1999, 113 Stat. 1465.)
## Notes
Editorial Notes
References in TextThe Community Reinvestment Act of 1977, referred to in subsecs. (a) and (e)(1)(A), (B)(iii), is title VIII of Pub. L. 95128, Oct. 12, 1977, 91 Stat. 1147, which is classified generally to chapter 30 (§ 2901 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2901 of this title and Tables.
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# 12 U.S.C. § 1831z - Bi-annual FDIC survey and report on encouraging use of depository institutions by the unbanked
## Text
(a) Survey required (1) In general The Corporation shall conduct a bi-annual survey on efforts by insured depository institutions to bring those individuals and families who have rarely, if ever, held a checking account, a savings account or other type of transaction or check cashing account at an insured depository institution (hereafter in this section referred to as the “unbanked”) into the conventional finance system.
(2) Factors and questions to consider In conducting the survey, the Corporation shall take the following factors and questions into account:
(A) To what extent do insured depository institutions promote financial education and financial literacy outreach?
(B) Which financial education efforts appear to be the most effective in bringing “unbanked” individuals and families into the conventional finance system?
(C) What efforts are insured institutions making at converting “unbanked” money order, wire transfer, and international remittance customers into conventional account holders?
(D) What cultural, language and identification issues as well as transaction costs appear to most prevent “unbanked” individuals from establishing conventional accounts?
(E) What is a fair estimate of the size and worth of the “unbanked” market in the United States?
(b) Reports The Chairperson of the Board of Directors shall submit a bi-annual report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate containing the Corporations findings and conclusions with respect to the survey conducted pursuant to subsection (a), together with such recommendations for legislative or administrative action as the Chairperson may determine to be appropriate.
(Sept. 21, 1950, ch. 967, § 2[49], as added Pub. L. 109173, § 7, Feb. 15, 2006, 119 Stat. 3609.)
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# 12 U.S.C. § 1832 - Withdrawals by negotiable or transferable instruments for transfers to third parties
## Text
(a) Authority of depository institution; applicability (1) Notwithstanding any other provision of law but subject to paragraph (2), a depository institution is authorized to permit the owner of a deposit or account on which interest or dividends are paid to make withdrawals by negotiable or transferable instruments for the purpose of making transfers to third parties.
(2) Paragraph (1) shall apply only with respect to deposits or accounts which consist solely of funds in which the entire beneficial interest is held by one or more individuals or by an organization which is operated primarily for religious, philanthropic, charitable, educational, political, or other similar purposes and which is not operated for profit, and with respect to deposits of public funds by an officer, employee, or agent of the United States, any State, county, municipality, or political subdivision thereof, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, any territory or possession of the United States, or any political subdivision thereof.
(b) “Depository institution” defined For purposes of this section, the term “depository institution” means—
(1) any insured bank as defined in section 1813 of this title;
(2) any State bank as defined in section 1813 of this title;
(3) any mutual savings bank as defined in section 1813 of this title;
(4) any savings bank as defined in section 1813 of this title;
(5) any insured institution as defined in section 1724 11 See References in Text note below. of this title; and
(6) any building and loan association or savings and loan association organized and operated according to the laws of the State in which it is chartered or organized; and, for purposes of this paragraph, the term “State” means any State of the United States, the District of Columbia, any territory of the United States, Puerto Rico, Guam, American Samoa, or the Virgin Islands.
(c) Fine Any depository institution which violates this section shall be fined $1,000 for each violation.
(Pub. L. 93100, § 2, Aug. 16, 1973, 87 Stat. 342; Pub. L. 94222, § 2, Feb. 27, 1976, 90 Stat. 197; Pub. L. 95630, title XIII, § 1301, Nov. 10, 1978, 92 Stat. 3712; Pub. L. 96161, title I, § 106, Dec. 28, 1979, 93 Stat. 1235; Pub. L. 96221, title III, § 303, Mar. 31, 1980, 94 Stat. 146; Pub. L. 97320, title VII, § 706(a), Oct. 15, 1982, 96 Stat. 1540; Pub. L. 10086, title I, § 109, Aug. 10, 1987, 101 Stat. 579.)
## Notes
Editorial Notes
References in TextSection 1724 of this title, referred to in subsec. (b)(5), was repealed by Pub. L. 10173, title IV, § 407, Aug. 9, 1989, 103 Stat. 363.
Codification Section was not enacted as part of the Federal Deposit Insurance Act which comprises this chapter.
Amendments1987—Subsec. (a)(2). Pub. L. 10086 inserted “political,” after “educational,”. 1982—Subsec. (a)(2). Pub. L. 97320 inserted provisions relating to deposits of public funds. 1980—Subsec. (a). Pub. L. 96221 designated existing provisions as par. (1) inserted provisions expanding authorization for withdrawals from selected States to the entire United States, and added par. (2). 1979—Subsec. (a). Pub. L. 96161 inserted “New Jersey,” after “New York,”. 1978—Subsec. (a). Pub. L. 95630 inserted “New York,” after “Vermont,”. 1976—Subsec. (a). Pub. L. 94222 authorized withdrawals by negotiable or transferable instruments in the States of Connecticut, Rhode Island, Maine, and Vermont.
Statutory Notes and Related Subsidiaries
Effective Date of 1980 AmendmentAmendment by Pub. L. 96221 effective Dec. 31, 1980, see section 306 of Pub. L. 96221, set out as a note under section 1464 of this title.
Effective Date of 1978 AmendmentPub. L. 95630, title XIII, § 1302, Nov. 10, 1978, 92 Stat. 3712, provided that: “This title [amending this section] shall take effect upon enactment [Nov. 10, 1978].”
Effective DateSection effective on thirtieth day after Aug. 16, 1973, see section 8 of Pub. L. 93100, set out as a note under section 1469 of this title.
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# 12 U.S.C. § 1833 - Repealed. Pub. L. 104208, div. A, title II, § 2224(b), Sept. 30, 1996, 110 Stat. 3009415
## Notes
Section, Pub. L. 10173, title IX, § 918, Aug. 9, 1989, 103 Stat. 487, required certain agencies to annually report to Congress detailing civil and criminal actions and investigations undertaken during preceding 12-month period.
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# 12 U.S.C. § 1833a - Civil penalties
## Text
(a) In general Whoever violates any provision of law to which this section is made applicable by subsection (c) shall be subject to a civil penalty in an amount assessed by the court in a civil action under this section.
(b) Maximum amount of penalty (1) Generally The amount of the civil penalty shall not exceed $1,000,000.
(2) Special rule for continuing violations In the case of a continuing violation, the amount of the civil penalty may exceed the amount described in paragraph (1) but may not exceed the lesser of $1,000,000 per day or $5,000,000.
(3) Special rule for violations creating gain or loss (A) If any person derives pecuniary gain from the violation, or if the violation results in pecuniary loss to a person other than the violator, the amount of the civil penalty may exceed the amounts described in paragraphs (1) and (2) but may not exceed the amount of such gain or loss.
(B) As used in this paragraph, the term “person” includes the Bank Insurance Fund, the Savings Association Insurance Fund, and after the merger of such funds, the Deposit Insurance Fund, and the National Credit Union Share Insurance Fund.
(c) Violations to which penalty is applicable This section applies to a violation of, or a conspiracy to violate—
(1) section 215, 656, 657, 1005, 1006, 1007, 1014, or 1344 of title 18;
(2) section 287, 1001, 1032,11 See 1990 Amendment note below. 1341 or 1343 of title 18 affecting a federally insured financial institution; or
(3) section 645(a) of title 15.
(d) Effective date This section shall apply to violations occurring on or after August 10, 1984.
(e) Attorney General to bring action A civil action to recover a civil penalty under this section shall be commenced by the Attorney General.
(f) Burden of proof In a civil action to recover a civil penalty under this section, the Attorney General must establish the right to recovery by a preponderance of the evidence.
(g) Administrative subpoenas (1) In general For the purpose of conducting a civil investigation in contemplation of a civil proceeding under this section, the Attorney General may—
(A) administer oaths and affirmations;
(B) take evidence; and
(C) by subpoena, summon witnesses and require the production of any books, papers, correspondence, memoranda, or other records which the Attorney General deems relevant or material to the inquiry. Such subpoena may require the attendance of witnesses and the production of any such records from any place in the United States at any place in the United States designated by the Attorney General.
(2) Procedures applicable The same procedures and limitations as are provided with respect to civil investigative demands in subsections (g), (h), and (j) of section 1968 of title 18 apply with respect to a subpoena issued under this subsection. Process required by such subsections to be served upon the custodian shall be served on the Attorney General. Failure to comply with an order of the court to enforce such subpoena shall be punishable as contempt.
(3) Limitation In the case of a subpoena for which the return date is less than 5 days after the date of service, no person shall be found in contempt for failure to comply by the return date if such person files a petition under paragraph (2) not later than 5 days after the date of service.
(h) Statute of limitations A civil action under this section may not be commenced later than 10 years after the cause of action accrues.
(Pub. L. 10173, title IX, § 951, Aug. 9, 1989, 103 Stat. 498; Pub. L. 101647, title XXV, §§ 2533, 2596(d), Nov. 29, 1990, 104 Stat. 4882, 4908; Pub. L. 103322, title XXXIII, § 330003(g), Sept. 13, 1994, 108 Stat. 2141; Pub. L. 104208, div. A, title II, § 2704(d)(15)(A), Sept. 30, 1996, 110 Stat. 3009494; Pub. L. 107100, § 4(b), Dec. 21, 2001, 115 Stat. 966; Pub. L. 109171, title II, § 2102(b), Feb. 8, 2006, 120 Stat. 9; Pub. L. 109173, § 9(g)(1), Feb. 15, 2006, 119 Stat. 3618.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, and not as part of the Federal Deposit Insurance Act which comprises this chapter.
Amendments2006—Subsec. (b)(3)(B). Pub. L. 109173 inserted “and after the merger of such funds, the Deposit Insurance Fund,” after “the Savings Association Insurance Fund,”. Pub. L. 109171 repealed Pub. L. 104208, § 2704(d)(15)(A). See 1996 Amendment note below. 2001—Subsec. (c). Pub. L. 107100, § 4(b)(2)(D), designated concluding provisions as (d) and inserted heading. Subsec. (c)(2). Pub. L. 107100, § 4(b)(2)(B)(i), which directed the substitution of “1341” for “1341;”, could not be executed because par. (2) does not contain a semicolon after “1341”. Subsec. (c)(3). Pub. L. 107100, § 4(b)(2)(A), (B)(ii), (C), added par. (3). Subsecs. (d) to (h). Pub. L. 107100, § 4(b)(1), (2)(D), designated concluding provisions of subsec. (c) as (d), inserted heading, and redesignated former subsecs. (d) to (g) as (e) to (h), respectively. 1996—Subsec. (b)(3)(B). Pub. L. 104208, § 2704(d)(15)(A), which directed substitution of “Deposit Insurance Fund” for “Bank Insurance Fund, the Savings Association Insurance Fund,”, was repealed by Pub. L. 109171. See Effective Date of 1996 Amendment note below and 2006 Amendment note above. 1994—Subsec. (c). Pub. L. 103322 amended directory language of Pub. L. 101647, § 2596(d). See 1990 Amendment note below. 1990—Subsec. (c). Pub. L. 101647, § 2596(d)(2), as amended by Pub. L. 103322, inserted at end a flush sentence “This section shall apply to violations occurring on or after August 10, 1984.” Subsec. (c)(2). Pub. L. 101647, § 2596(d)(1), as amended by Pub. L. 103322, which directed insertion of “287, 1001, 1032,” before “1341;”, was executed by making the insertion before “1341 or 1343” to reflect the probable intent of Congress. Subsec. (g). Pub. L. 101647, § 2533, added subsec. (g).
Statutory Notes and Related Subsidiaries
Effective Date of 2006 AmendmentAmendment by Pub. L. 109173 effective Mar. 31, 2006, see section 9(j) of Pub. L. 109173, set out as a note under section 24 of this title. Amendment by Pub. L. 109171 effective no later than the first day of the first calendar quarter that begins after the end of the 90-day period beginning Feb. 8, 2006, see section 2102(c) of Pub. L. 109171, set out as a Merger of BIF and SAIF note under section 1821 of this title.
Effective Date of 1996 AmendmentAmendment by Pub. L. 104208 effective Jan. 1, 1999, if no insured depository institution is a savings association on that date, see section 2704(c) of Pub. L. 104208, formerly set out as a note under section 1821 of this title.
Effective Date of 1994 AmendmentPub. L. 103322, title XXXIII, § 330003(g), Sept. 13, 1994, 108 Stat. 2141, provided that the amendment made by that section is effective retroactively to the date of enactment of Pub. L. 101647, which was approved Nov. 29, 1990.
@@ -0,0 +1,57 @@
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# 12 U.S.C. § 1833b - Comparability in compensation schedules
## Text
(a) In general The Federal Deposit Insurance Corporation, the Comptroller of the Currency, the National Credit Union Administration Board, the Federal Housing Finance Agency, the Office of Financial Research, and the Bureau of Consumer Financial Protection, the 11 So in original. Probably should be “Research, the Bureau of Consumer Financial Protection, and the”. Farm Credit Administration, in establishing and adjusting schedules of compensation and benefits which are to be determined solely by each agency under applicable provisions of law, shall inform the heads of the other agencies and the Congress of such compensation and benefits and shall seek to maintain comparability regarding compensation and benefits.
(b) Commodity Futures Trading Commission In establishing and adjusting schedules of compensation and benefits for employees of the Commodity Futures Trading Commission under applicable provisions of law, the Commission shall—
(1) inform the heads of the agencies referred to in subsection (a) and Congress of such compensation and benefits; and
(2) seek to maintain comparability with those agencies regarding compensation and benefits.
(Pub. L. 10173, title XII, § 1206, Aug. 9, 1989, 103 Stat. 523; Pub. L. 102233, title III, § 302(a), Dec. 12, 1991, 105 Stat. 1767; Pub. L. 107123, § 8(d)(3), Jan. 16, 2002, 115 Stat. 2400; Pub. L. 107171, title X, § 10702(b), May 13, 2002, 116 Stat. 516; Pub. L. 111203, title I, § 152(d)(3), title III, § 367(8), July 21, 2010, 124 Stat. 1414, 1557.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, and not as part of the Federal Deposit Insurance Act which comprises this chapter.
Amendments2010—Subsec. (a). Pub. L. 111203, § 367(8)(B), which directed striking out “, and the Office of Thrift Supervision” could not be executed because those words did not appear subsequent to amendment by Pub. L. 111203, § 152(d)(3)(B). See below. Pub. L. 111203, § 367(8)(A), which directed substitution of “Agency, and” for “Board, the Oversight Board of the Resolution Trust Corporation”, was executed by substituting “Agency” for “Board” after “Federal Housing Finance”, to reflect the probable intent of Congress and the amendments made by Pub. L. 107123 and section 302(a) of Pub. L. 102233. See 2002 Amendment note and Change of Name note below. Pub. L. 111203, § 152(d)(3), substituted “Finance Board, the Office of Financial Research, and the Bureau of Consumer Financial Protection” for “Finance Board,” and struck out “and the Office of Thrift Supervision,” after “Credit Administration,”. 2002—Pub. L. 107171 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). Pub. L. 107123 struck out “the Thrift Depositor Protection Oversight Board of the Resolution Trust Corporation” after “Federal Housing Finance Board,”.
Statutory Notes and Related Subsidiaries
Change of Name Oversight Board redesignated Thrift Depositor Protection Oversight Board, effective Feb. 1, 1992, see section 302(a) of Pub. L. 102233, formerly set out as a note under section 1441a of this title. Thrift Depositor Protection Oversight Board abolished, see section 14(a)(d) of Pub. L. 105216, formerly set out as a note under section 1441a of this title.
Effective Date of 2010 AmendmentAmendment by section 152(d)(3)of Pub. L. 111203 effective 1 day after July 21, 2010, except as otherwise provided, see section 4 of Pub. L. 111203, set out as an Effective Date note under section 5301 of this title. Amendment by section 367(8) 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.
Effective Date of 2002 AmendmentAmendment by Pub. L. 107123 effective Oct. 1, 2001, see section 11 of Pub. L. 107123, set out as a note under section 78ee of Title 15, Commerce and Trade.
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# 12 U.S.C. § 1833c - Comptroller General audit and access to records
## Text
(a) Audit of agencies or other persons performing functions under banking laws (1) In general Except as provided in paragraph (2), all agencies, corporations, organizations, and other persons of any description which perform any function or activity under this Act, or any other Act which is amended by this Act, shall be subject to audit by the Comptroller General of the United States with respect to such function or activity.
(2) Exceptions Paragraph (1) shall not apply to—
(A) any function or activity of the Board of Governors of the Federal Reserve System or the Federal Reserve banks that is described in any paragraph of section 714(b) of title 31; and
(B) any function or activity of the Federal National Mortgage Association, except as provided in section 1723a(j) of this title.
(b) Audit of persons providing certain goods or services All persons and organizations which, by contract, grant, or otherwise, provide goods or services to, or receive financial assistance from, any agency or other person performing functions or activities under this Act shall be subject to audit by the Comptroller General with respect to such provision of goods or services or receipt of financial assistance.
(c) Provisions applicable to audits under this section (1) Nature and scope of audit The Comptroller General shall determine the nature, scope, and terms and conditions of audits conducted under this section.
(2) Coordination with other provisions of law The authority of the Comptroller General under this section shall be in addition to any audit authority available to the Comptroller General under other provisions of this Act or any other law.
(3) Rights of access, examination, and copying The Comptroller General, and any duly authorized representative of the Comptroller General, shall have access to, and the right to examine and copy, all records and other recorded information in any form, and to examine any property, within the possession or control of any agency or person which is subject to audit under this section which the Comptroller General deems relevant to an audit conducted under this section.
(4) Enforcement of right of access The Comptroller Generals right of access to information under this section shall be enforceable pursuant to section 716 of title 31.
(5) Maintenance of confidential records The provisions of section 716(e) of title 31 shall apply to information obtained by the Comptroller General under this section.
(Pub. L. 10173, title XII, § 1213, Aug. 9, 1989, 103 Stat. 528.)
## Notes
Editorial Notes
References in TextThis Act, referred to in subsecs. (a)(1), (b), and (c)(2), is Pub. L. 10173, Aug. 9, 1989, 103 Stat. 183, known as the Financial Institutions Reform, Recovery, and Enforcement Act of 1989. For complete classification of this Act to the Code, see Short Title of 1989 Amendment note set out under section 1811 of this title and Tables.
Codification Section was enacted as part of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, and not as part of the Federal Deposit Insurance Act which comprises this chapter.
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# 12 U.S.C. § 1833d - Repealed. Pub. L. 102242, title I, § 121(b), Dec. 19, 1991, 105 Stat. 2251
## Notes
Section, Pub. L. 10173, title XII, § 1215, Aug. 9, 1989, 103 Stat. 529, related to establishment of uniform capital and accounting standards for federally-insured depository institutions. See section 1831n of this title.
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# 12 U.S.C. § 1833e - Equal opportunity
## Text
(a) In general For purposes of this Act, Executive Order Numbered 11478, providing for equal employment opportunity in the Federal Government, shall apply to—
(1) the Comptroller of the Currency;
(2) the Federal Housing Finance Agency; and
(3) the Federal Deposit Insurance Corporation.
(b) Affirmative program for equal employment opportunity For purposes of this Act, sections 1 and 2 of Executive Order Numbered 11478, providing for the adoption and implementation of equal employment opportunity, shall apply to the Federal Home Loan Banks, the Federal National Mortgage Association, and the Federal Home Loan Mortgage Corporation.
(c) Solicitation of contracts The Federal Deposit Insurance Corporation, the Comptroller of the Currency, and the Federal Housing Finance Agency, shall each prescribe regulations to establish and oversee a minority outreach program within each such agency to ensure inclusion, to the maximum extent possible, of minorities and women, and entities owned by minorities and women, including financial institutions, investment banking firms, underwriters, accountants, and providers of legal services, in all contracts entered into by the agency with such persons or entities, public and private, in order to manage the institutions and their assets for which the agency is responsible or to perform such other functions authorized under any law applicable to such agency.
(d) Report to Congress Before the end of the 180-day period beginning on August 9, 1989—
(1) the Federal Deposit Insurance Corporation;
(2) the Comptroller of the Currency;
(3) the Federal Housing Finance Board;
(4) the Federal Home Loan Mortgage Corporation; and
(5) the Federal National Mortgage Association,
shall each submit to the Congress a report containing a complete description of the actions taken by such agency pursuant to subsections (a) and (b) and such recommendations for administrative and legislative action as each such agency may determine to be appropriate to carry out the purposes of such subsection.
(Pub. L. 10173, title XII, § 1216, Aug. 9, 1989, 103 Stat. 529; Pub. L. 102233, title III, § 302(a), Dec. 12, 1991, 105 Stat. 1767; Pub. L. 110289, div. A, title II, § 1216(g), July 30, 2008, 122 Stat. 2793; Pub. L. 111203, title III, § 367(9), July 21, 2010, 124 Stat. 1557.)
## Notes
Editorial Notes
References in TextThis Act, referred to in subsecs. (a) and (b), is Pub. L. 10173, Aug. 9, 1989, 103 Stat. 183, known as the Financial Institutions Reform, Recovery, and Enforcement Act of 1989. For complete classification of this Act to the Code, see Short Title of 1989 Amendment note set out under section 1811 of this title and Tables. Executive Order Numbered 11478, referred to in subsecs. (a) and (b), is set out as a note under section 2000e of Title 42, The Public Health and Welfare.
Codification Section was enacted as part of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, and not as part of the Federal Deposit Insurance Act which comprises this chapter. Pub. L. 110289, div. A, title II, § 1216(g), which directed amendment of section 1216 of the “Financial Institutions Reform, Recovery, and Enhancement Act of 1989”, was executed to this section, which is section 1216 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, to reflect the probable intent of Congress. See 2008 Amendment notes below.
Amendments2010—Subsec. (a)(2). Pub. L. 111203, § 367(9)(A)(iii), (iv), redesignated par. (3) as (2) and struck out former par. (2) which read as follows: “the Director of the Office of Thrift Supervision;”. Subsec. (a)(3). Pub. L. 111203, § 367(9)(A)(iv), redesignated par. (4) as (3). Former par. (3) redesignated (2). Pub. L. 111203, § 367(9)(A)(i), inserted “and” at the end. Subsec. (a)(4). Pub. L. 111203, § 367(9)(A)(iv), redesignated par. (4) as (3). Pub. L. 111203, § 367(9)(A)(ii), substituted a period for the semicolon at the end. Subsec. (a)(5), (6). Pub. L. 111203, § 367(9)(A)(iii), struck out pars. (5) and (6) which read as follows: “(5) the Thrift Depositor Protection Oversight Board of the Resolution Trust Corporation; and “(6) the Resolution Trust Corporation.” Subsec. (c). Pub. L. 111203, § 367(9)(B), substituted “and the Federal Housing Finance Agency,” for “the Director of the Office of Thrift Supervision, the Federal Housing Finance Agency, the Thrift Depositor Protection Oversight Board of the Resolution Trust Corporation, and the Resolution Trust Corporation”. Subsec. (d)(3) to (8). Pub. L. 111203, § 367(9)(C), redesignated pars. (4), (7), and (8) as (3) to (5), respectively, and struck out former pars. (3), (5), and (6) which read as follows: “(3) the Director of the Office of Thrift Supervision; “(5) the Thrift Depositor Protection Oversight Board of the Resolution Trust Corporation; “(6) the Resolution Trust Corporation;”. 2008—Subsec. (a)(3). Pub. L. 110289, § 1216(g)(1), added par. (3) and struck out former par. (3) which read as follows: “the Federal home loan banks;”. See Codification note above. Subsec. (b). Pub. L. 110289, § 1216(g)(2), substituted “Federal Home Loan Banks, the Federal National Mortgage Association,” for “Federal National Mortgage Association”. See Codification note above. Subsec. (c). Pub. L. 110289, § 1216(g)(3), substituted “Finance Agency” for “Finance Board”. See Codification note above.
Statutory Notes and Related Subsidiaries
Change of Name Oversight Board redesignated Thrift Depositor Protection Oversight Board, effective Feb. 1, 1992, see section 302(a) of Pub. L. 102233, formerly set out as a note under section 1441a of this title. Thrift Depositor Protection Oversight Board abolished, see section 14(a)(d) of Pub. L. 105216, formerly set out as a note under section 1441a of this title.
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. § 1834 - Reduced assessment rate for deposits attributable to lifeline accounts
## Text
(a) Qualification of lifeline accounts (1) In general The Comptroller of the Currency and the Federal Deposit Insurance Corporation shall establish minimum requirements for accounts providing basic transaction services for consumers at insured depository institutions in order for such accounts to qualify as lifeline accounts for purposes of this section and section 1817(b)(2)(E) of this title.
(2) Factors to be considered In determining the minimum requirements under paragraph (1) for lifeline accounts at insured depository institutions, the Corporation shall consider the following factors:
(A) Whether the account is available to provide basic transaction services for individuals who maintain a balance of less than $1,000 or such other amount which the Comptroller may determine to be appropriate.
(B) Whether any service charges or fees to which the account is subject, if any, for routine transactions do not exceed a minimal amount.
(C) Whether any minimum balance or minimum opening requirement to which the account is subject, if any, is not more than a minimal amount.
(D) Whether checks, negotiable orders of withdrawal, or similar instruments for making payments or other transfers to third parties may be drawn on the account.
(E) Whether the depositor is permitted to make more than a minimal number of withdrawals from the account each month by any means described in subparagraph (D) or any other means.
(F) Whether a monthly statement itemizing all transactions for the monthly reporting period is made available to the depositor with respect to such account or a passbook is provided in which all transactions with respect to such account are recorded.
(G) Whether depositors are permitted access to tellers at the institution for conducting transactions with respect to such account.
(H) Whether other account relationships with the institution are required in order to open any such account.
(I) Whether individuals are required to meet any prerequisite which discriminates against low-income individuals in order to open such account.
(J) Such other factors as the Corporation may determine to be appropriate.
(3) Definitions For purposes of this subsection—
(A) Comptroller The term “Comptroller” means the Comptroller of the Currency.
(B) Corporation The term “Corporation” means the Federal Deposit Insurance Corporation.
(C) Insured depository institution The term “insured depository institution” has the meaning given to such term in section 1813(c)(2) of this title.
(D) Lifeline account The term “lifeline account” means any transaction account (as defined in section 461(b)(1)(C) of this title) which meets the minimum requirements established by the Corporation under this subsection.
(b) Omitted
(c) Availability of funds The provisions of this section shall not take effect until appropriations are specifically provided in advance. There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this section.
(Pub. L. 102242, title II, § 232, Dec. 19, 1991, 105 Stat. 2308; Pub. L. 102550, title XVI, §§ 1604(b)(1), 1605(a)(3), Oct. 28, 1992, 106 Stat. 4083, 4085; Pub. L. 102558, title III, §§ 303(b)(1), (4), 305, Oct. 28, 1992, 106 Stat. 42244226; Pub. L. 104208, div. A, title II, § 2704(d)(16), Sept. 30, 1996, 110 Stat. 3009495; Pub. L. 109171, title II, § 2102(b), Feb. 8, 2006, 120 Stat. 9; Pub. L. 109173, § 3(a)(9), Feb. 15, 2006, 119 Stat. 3606; Pub. L. 111203, title III, § 353, July 21, 2010, 124 Stat. 1546.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Bank Enterprise Act of 1991, and also as part of the Foreign Bank Supervision Enhancement Act of 1991 and as part of the Federal Deposit Insurance Corporation Improvement Act of 1991, and not as part of the Federal Deposit Insurance Act which comprises this chapter. Section is comprised of section 232 of Pub. L. 102242. Subsec. (b) of section 232 of Pub. L. 102242 amended section 1817 of this title.
Amendments2010—Subsec. (a). Pub. L. 111203, § 353(1), struck out “by Federal Reserve Board” at end of heading. Subsec. (a)(1). Pub. L. 111203, § 353(2), substituted “The Comptroller of the Currency” for “The Board of Governors of the Federal Reserve System,” and “section 1817(b)(2)(E)” for “section 1817(b)(2)(H)”. Subsec. (a)(2)(A). Pub. L. 111203, § 353(3), substituted “Comptroller” for “Board”. Subsec. (a)(3). Pub. L. 111203, § 353(4), added subpar. (A) and redesignated former subpars. (A) to (C) as (B) to (D), respectively. 2006—Subsec. (a)(1). Pub. L. 109171 repealed Pub. L. 104208, § 2704(d)(16). See 1996 Amendment note below. Subsec. (a)(2). Pub. L. 109173, § 3(a)(9)(A), struck out “the Board and” before “the Corporation” in introductory provisions. Subsec. (a)(2)(J). Pub. L. 109173, § 3(a)(9)(B), substituted “the Corporation” for “the Board”. Subsec. (a)(3)(A). Pub. L. 109173, § 3(a)(9)(C), added subpar. (A) and struck out heading and text of former subpar. (A). Text read as follows: “The term Board means the Board of Governors of the Federal Reserve System.” Subsec. (a)(3)(C). Pub. L. 109173, § 3(a)(9)(D), substituted “Corporation” for “Board”. 1996—Subsec. (a)(1). Pub. L. 104208, § 2704(d)(16), which directed substitution of “section 1817(b)(2)(G) of this title” for “section 1817(b)(2)(H) of this title”, was repealed by Pub. L. 109171. See Effective Date of 1996 Amendment note below. 1992—Subsec. (a)(1). Pub. L. 102558, § 303(b)(4), substituted “section 1817(b)(2)(H)” for “section 1817(b)(10)”. Pub. L. 102550, § 1605(a)(3), which made an identical amendment, was repealed, effective Oct. 28, 1992, by Pub. L. 102558, § 305, set out as a Repeal of Duplicative Provisions note under section 1815 of this title. Subsec. (b). Pub. L. 102558, § 303(b)(1), made technical correction to directory language of subsec. (b)(1). See Codification note above. Pub. L. 102550, § 1604(b)(1), which made a similar amendment, was repealed, effective Oct. 28, 1992, by Pub. L. 102558, § 305, set out as a Repeal of Duplicative Provisions note under section 1815 of this title.
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 2006 AmendmentAmendment by Pub. L. 109173 effective Jan. 1, 2007, see section 3(b) of Pub. L. 109173, set out as a note under section 1817 of this title. Amendment by Pub. L. 109171 effective no later than the first day of the first calendar quarter that begins after the end of the 90-day period beginning Feb. 8, 2006, see section 2102(c) of Pub. L. 109171, set out as a Merger of BIF and SAIF note under section 1821 of this title.
Effective Date of 1996 AmendmentAmendment by Pub. L. 104208 effective Jan. 1, 1999, if no insured depository institution is a savings association on that date, see section 2704(c) of Pub. L. 104208, formerly set out as a note under section 1821 of this title.
Effective Date of 1992 AmendmentsPub. L. 102558, title III, § 303(b)(4), Oct. 28, 1992, 106 Stat. 4225, provided that the amendment made by that section is effective on the effective date of the amendment made by section 302(a) of Pub. L. 102242 [see section 302(g) of Pub. L. 102242, set out as a note under section 1817 of this title]. Pub. L. 102550, title XVI, § 1605(a)(3), Oct. 28, 1992, 106 Stat. 4085, which provided effective date provisions for the amendment made by that section, was repealed, effective Oct. 28, 1992, by section 305 of Pub. L. 102558, set out as a Repeal of Duplicative Provisions note under section 1815 of this title.
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# 12 U.S.C. § 1834b - Community development organizations
## Text
(a) Community development organizations described For purposes of this subtitle, any insured depository institution, or a qualified portion thereof, shall be treated as meeting the community development organization requirements of this section if—
(1) the institution—
(A) is a community development bank, or controls any community development bank, which meets the requirements of subsection (b);
(B) controls any community development corporation, or maintains any community development unit within the institution, which meets the requirements of subsection (c);
(C) invests in accounts in any community development credit union designated as a low-income credit union, subject to restrictions established for such credit unions by the National Credit Union Administration Board; or
(D) invests in a community development organization jointly controlled by two or more institutions;
(2) except in the case of an institution which is a community development bank, the amount of the capital invested, in the form of debt or equity, by the institution in the community development organization referred to in paragraph (1) (or, in the case of any community development unit, the amount which the institution irrevocably makes available to such unit for the purposes described in paragraph (3)) is not less than the greater of—
(A) ½ of 1 percent of the capital, as defined by generally accepted accounting principles, of the institution; or
(B) the sum of the amounts invested in such community development organization; and
(3) the community development organization provides loans for residential mortgages, home improvement, and community development and other financial services, other than financing for the purchase of automobiles or extension of credit under any open-end credit plan (as defined in section 1602(i) 11 See References in Text note below. of title 15), to low- and moderate-income persons, nonprofit organizations, and small businesses located in qualified distressed communities in a manner consistent with the intent of this subtitle.
(b) Community development bank requirements A community development bank meets the requirements of this subsection if—
(1) the community development bank has a 15-member advisory board designated as the “Community Investment Board” and consisting entirely of community leaders who—
(A) shall be appointed initially by the board of directors of the community development bank and thereafter by the Community Investment Board from nominations received from the community; and
(B) are appointed for a single term of 2 years, except that, of the initial members appointed to the Community Investment Board, ⅓ shall be appointed for a term of 8 months, ⅓ shall be appointed for a term of 16 months, and ⅓ shall be appointed for a term of 24 months, as designated by the board of directors of the community development bank at the time of the appointment;
(2) ⅓ of the members of the community development banks board of directors are appointed from among individuals nominated by the Community Investment Board; and
(3) the bylaws of the community development bank require that the board of directors of the bank meet with the Community Investment Board at least once every 3 months.
(c) Community development corporation requirements Any community development corporation, or community development unit within any insured depository institution meets the requirements of this subsection if the corporation or unit provides the same or greater, as determined by the appropriate Federal banking agency, community participation in the activities of such corporation or unit as would be provided by a Community Investment Board under subsection (b) if such corporation or unit were a community development bank.
(d) Adequate dispersal requirement The appropriate Federal banking agency may approve the establishment of a community development organization under this subtitle only upon finding that the distressed community is not adequately served by an existing community development organization.
(e) Definitions For purposes of this section—
(1) Community development bank The term “community development bank” means any depository institution (as defined in section 1813(c)(1) of this title).
(2) Community development organization The term “community development organization” means any community development bank, community development corporation, community development unit within any insured depository institution, or community development credit union.
(3) Low- and moderate-income persons The term “low- and moderate-income persons” has the meaning given such term in section 5302(a)(20) of title 42.
(4) Nonprofit organization; small business The terms “nonprofit organization” and “small business” have the meanings given to such terms by regulations which the appropriate Federal banking agency shall prescribe for purposes of this section.
(5) Qualified distressed community The term “qualified distressed community” has the meaning given to such term in section 1834a(b) of this title.
(Pub. L. 102242, title II, § 234, Dec. 19, 1991, 105 Stat. 2315.)
## Notes
Editorial Notes
References in TextThis subtitle, referred to in subsecs. (a) and (d), is subtitle C (§§ 231234) of title II of Pub. L. 102242, Dec. 19, 1991, 105 Stat. 2308, known as the Bank Enterprise Act of 1991, which enacted this section and sections 1834 and 1834a of this title, amended section 1817 of this title, and enacted provisions set out as a note under section 1811 of this title. For complete classification of subtitle C to the Code, see section 231 of Pub. L. 102242, set out as a Short Title of 1991 Amendment note under section 1811 of this title and Tables. Section 1602(i) of title 15, referred to in subsec. (a)(3), was redesignated section 1602(j) of title 15 by Pub. L. 111203, title X, § 1100A(1)(A), July 21, 2010, 124 Stat. 2107.
Codification Section was enacted as part of the Bank Enterprise Act of 1991, and also as part of the Foreign Bank Supervision Enhancement Act of 1991 and as part of the Federal Deposit Insurance Corporation Improvement Act of 1991, and not as part of the Federal Deposit Insurance Act which comprises this chapter.
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# 12 U.S.C. § 1835 - Insured depository institution capital requirements for transfers of small business obligations
## Text
(a) Accounting principles The accounting principles applicable to the transfer of a small business loan or a lease of personal property with recourse contained in reports or statements required to be filed with Federal banking agencies by a qualified insured depository institution shall be consistent with generally accepted accounting principles.
(b) Capital and reserve requirements With respect to the transfer of a small business loan or lease of personal property with recourse that is a sale under generally accepted accounting principles, each qualified insured depository institution shall—
(1) establish and maintain a reserve equal to an amount sufficient to meet the reasonable estimated liability of the institution under the recourse arrangement; and
(2) include, for purposes of applicable capital standards and other capital measures, only the amount of the retained recourse in the risk-weighted assets of the institution.
(c) Qualified institutions criteria An insured depository institution is a qualified insured depository institution for purposes of this section if, without regard to the accounting principles or capital requirements referred to in subsections (a) and (b), the institution is—
(1) well capitalized; or
(2) with the approval, by regulation or order, of the appropriate Federal banking agency, adequately capitalized.
(d) Aggregate amount of recourse The total outstanding amount of recourse retained by a qualified insured depository institution with respect to transfers of small business loans and leases of personal property under subsections (a) and (b) shall not exceed—
(1) 15 percent of the risk-based capital of the institution; or
(2) such greater amount, as established by the appropriate Federal banking agency by regulation or order.
(e) Institutions that cease to be qualified or exceed aggregate limits If an insured depository institution ceases to be a qualified insured depository institution or exceeds the limits under subsection (d), this section shall remain applicable to any transfers of small business loans or leases of personal property that occurred during the time that the institution was qualified and did not exceed such limit.
(f) Prompt corrective action not affected The capital of an insured depository institution shall be computed without regard to this section in determining whether the institution is adequately capitalized, undercapitalized, significantly undercapitalized, or critically undercapitalized under section 1831o of this title.
(g) Regulations required Not later than 180 days after September 23, 1994, each appropriate Federal banking agency shall promulgate final regulations implementing this section.
(h) Alternative system permitted (1) In general At the discretion of the appropriate Federal banking agency, this section shall not apply if the regulations of the agency provide that the aggregate amount of capital and reserves required with respect to the transfer of small business loans and leases of personal property with recourse does not exceed the aggregate amount of capital and reserves that would be required under subsection (b).
(2) Existing transactions not affected Notwithstanding paragraph (1), this section shall remain in effect with respect to transfers of small business loans and leases of personal property with recourse by qualified insured depository institutions occurring before the effective date of regulations referred to in paragraph (1).
(i) Definitions For purposes of this section—
(1) the term “adequately capitalized” has the same meaning as in section 1831o(b) of this title;
(2) the term “appropriate Federal banking agency” has the same meaning as in section 1813 of this title;
(3) the term “capital standards” has the same meaning as in section 1831o(c) of this title;
(4) the term “Federal banking agencies” has the same meaning as in section 1813 of this title;
(5) the term “insured depository institution” has the same meaning as in section 1813 of this title;
(6) the term “other capital measures” has the meaning as in section 1831o(c) of this title;
(7) the term “recourse” has the meaning given to such term under generally accepted accounting principles;
(8) the term “small business” means a business that meets the criteria for a small business concern established by the Small Business Administration under section 632(a) of title 15; and
(9) the term “well capitalized” has the same meaning as in section 1831o(b) of this title.
(Pub. L. 103325, title II, § 208, Sept. 23, 1994, 108 Stat. 2201.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Small Business Loan Securitization and Secondary Market Enhancement Act of 1994 and as part of the Riegle Community Development and Regulatory Improvement Act of 1994, and not as part of the Federal Deposit Insurance Act which comprises this chapter.
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# 12 U.S.C. § 1835a - Prohibition against deposit production offices
## Text
(a) Regulations The appropriate Federal banking agencies shall prescribe uniform regulations effective June 1, 1997, which prohibit any out-of-State bank from using any authority to engage in interstate branching pursuant to this title,11 See References in Text note below. or any amendment made by this title 1 to any other provision of law, primarily for the purpose of deposit production.
(b) Guidelines for meeting credit needs Regulations issued under subsection (a) shall include guidelines to ensure that interstate branches operated by an out-of-State bank in a host State are reasonably helping to meet the credit needs of the communities which the branches serve.
(c) Limitation on out-of-State loans (1) Limitation Regulations issued under subsection (a) shall require that, beginning no earlier than 1 year after establishment or acquisition of an interstate branch or branches in a host State by an out-of-State bank, if the appropriate Federal banking agency for the out-of-State bank determines that the banks level of lending in the host State relative to the deposits from the host State (as reasonably determinable from available information including the agencys sampling of the banks loan files during an examination or such data as is otherwise available) is less than half the average of total loans in the host State relative to total deposits from the host State (as determinable from relevant sources) for all banks the home State of which is such State—
(A) the appropriate Federal banking agency for the out-of-State bank shall review the loan portfolio of the bank and determine whether the bank is reasonably helping to meet the credit needs of the communities served by the bank in the host State; and
(B) if the agency determines that the out-of-State bank is not reasonably helping to meet those needs—
(i) the agency may order that an interstate branch or branches of such bank in the host State be closed unless the bank provides reasonable assurances to the satisfaction of the appropriate Federal banking agency that the bank has an acceptable plan that will reasonably help to meet the credit needs of the communities served by the bank in the host State, and
(ii) the out-of-State bank may not open a new interstate branch in the host State unless the bank provides reasonable assurances to the satisfaction of the appropriate Federal banking agency that the bank will reasonably help to meet the credit needs of the community that the new branch will serve.
(2) Considerations In making a determination under paragraph (1)(A), the appropriate Federal banking agency shall consider—
(A) whether the interstate branch or branches of the out-of-State bank were formerly part of a failed or failing depository institution;
(B) whether the interstate branch was acquired under circumstances where there was a low loan-to-deposit ratio because of the nature of the acquired institutions business or loan portfolio;
(C) whether the interstate branch or branches of the out-of-State bank have a higher concentration of commercial or credit card lending, trust services, or other specialized activities;
(D) the ratings received by the out-of-State bank under the Community Reinvestment Act of 1977 [12 U.S.C. 2901 et seq.];
(E) economic conditions, including the level of loan demand, within the communities served by the interstate branch or branches of the out-of-State bank; and
(F) the safe and sound operation and condition of the out-of-State bank.
(3) Branch closing procedure (A) Notice required Before exercising any authority under paragraph (1)(B)(i), the appropriate Federal banking agency shall issue to the bank a notice of the agencys intention to close an interstate branch or branches and shall schedule a hearing.
(B) Hearing Section 1818(h) of this title shall apply to any proceeding brought under this paragraph.
(d) Application This section shall apply with respect to any interstate branch established or acquired in a host State pursuant to this title 1 or any amendment made by this title 1 to any other provision of law.
(e) Definitions For the purposes of this section, the following definitions shall apply:
(1) Appropriate Federal banking agency, bank, State, and State bank The terms “appropriate Federal banking agency”, “bank”, “State”, and “State bank” have the same meanings as in section 1813 of this title.
(2) Home State The term “home State” means—
(A) in the case of a national bank, the State in which the main office of the bank is located; and
(B) in the case of a State bank, the State by which the bank is chartered.
(3) Host State The term “host State” means a State in which a bank establishes a branch other than the home State of the bank.
(4) Interstate branch The term “interstate branch” means a branch established pursuant to this title 1 or any amendment made by this title 1 to any other provision of law and any branch of a bank controlled by an out-of-State bank holding company (as defined in section 1841(o)(7) of this title).
(5) Out-of-State bank The term “out-of-State bank” means, with respect to any State, a bank the home State of which is another State and, for purposes of this section, includes a foreign bank, the home State of which is another State.
(Pub. L. 103328, title I, § 109, Sept. 29, 1994, 108 Stat. 2362; Pub. L. 106102, title I, § 106, Nov. 12, 1999, 113 Stat. 1359.)
## Notes
Editorial Notes
References in TextThis title, referred to in subsecs. (a), (d), and (e)(4), is title I of Pub. L. 103328, Sept. 29, 1994, 108 Stat. 2339, which enacted this section and sections 43, 215a1, and 1831u of this title, amended sections 30, 36, 215, 215a, 215b, 1462a, 1820, 1828, 1831a, 1831r1, 1841, 1842, 1846, 2906, 3103 to 3105, and 3106a of this title and section 1927 of Title 7, Agriculture, enacted provisions set out as notes under sections 215, 1811, 1828, 3104, 3105, and 3107 of this title and section 1927 of Title 7, and amended provisions set out as a note under section 1811 of this title. For complete classification of this title to the Code, see Tables. The Community Reinvestment Act of 1977, referred to in subsec. (c)(2)(D), is title VIII of Pub. L. 95128, Oct. 12, 1977, 91 Stat. 1147, which is classified generally to chapter 30 (§ 2901 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2901 of this title and Tables.
Codification Section was enacted as part of the Riegle-Neal Interstate Banking and Branching Efficiency Act of 1994, and not as part of the Federal Deposit Insurance Act which comprises this chapter.
Amendments1999—Subsec. (e)(4). Pub. L. 106102 inserted before period at end “and any branch of a bank controlled by an out-of-State bank holding company (as defined in section 1841(o)(7) of this title)”.
Statutory Notes and Related Subsidiaries
Effective Date of 1999 AmendmentAmendment by Pub. L. 106102 effective 120 days after Nov. 12, 1999, see section 161 of Pub. L. 106102, set out as a note under section 24 of this title.