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2026-07-06 10:51:44 -04:00

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LegalText 12 U.S.C. § 1816 Factors to be considered us united_states_code code_section 12 BANKS AND BANKING 16 FEDERAL DEPOSIT INSURANCE CORPORATION 1816 12 U.S.C. § 1816 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc12@119-100.zip /us/usc/t12/s1816 data/legal/raw/us/code/title-12/usc12.xml aad60237a3c03b728fd8be7d12a7dcc80e4d0fce14ecf484b85f7f6e064e03c0 e6b98700ef4156ac33fde5d105824845d727afa91a53f3762be2cf4d1a3b01fa ffa21cd8492d0f503487a64bc5f1b133480cc79c83df62b042151197023ed9fb 2026-07-04 official
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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 L. 109171 repealed Pub.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.