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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 12 U.S.C. § 2131 Loans us united_states_code code_section 12 BANKS AND BANKING 23 FARM CREDIT SYSTEM 2131 12 U.S.C. § 2131 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/s2131 data/legal/raw/us/code/title-12/usc12.xml 67b6a45a2c9a531a8ca1718dd26a7070bb5fea22f2cac4314c0cdd17a586dcf3 e6b98700ef4156ac33fde5d105824845d727afa91a53f3762be2cf4d1a3b01fa 55671c08408dd2ba9fa28f43b6fbd1fa36fae6525034abb4f9258ea0e3bb7b26 2026-07-04 official
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12 U.S.C. § 2131 - Loans

Text

(a) Interest rates and charges Loans made by a bank for cooperatives shall bear interest at a rate or rates determined by the board of directors of the bank from time to time. In setting rates and charges, it shall be the objective to provide the types of credit needed by eligible borrowers at the lowest reasonable cost on a sound business basis, taking into account the net cost of money to the bank, necessary reserves and expenses of the bank, and services provided. The loan documents may provide for the interest rate or rates to vary from time to time during the repayment period of the loan, in accordance with the rate or rates currently being charged by the bank.

(b) Security Loans shall be made upon such terms, conditions, and security, if any, as may be determined by the bank in accordance with regulations of the Farm Credit Administration.

(c) Lien Each bank for cooperatives shall have a first lien on all stock or other equities in the bank as collateral for the payment of any indebtedness of the owner thereof to the bank.

(d) Cancellation; application on indebtedness In any case where the debt of a borrower is in default, or in any case of liquidation or dissolution of a present or former borrower from a bank for cooperatives, the bank may, but shall not be required to, retire and cancel all or a part of the stock, allocated surplus or contingency reserves, or any other equity in the bank owned by or allocated to such borrower, at the fair market value thereof not exceeding par, and, to the extent required in such cases, corresponding shares and allocations and other equity interests held by a bank in another bank for cooperatives (or any successor bank) on account of such indebtedness, shall be retired or equitably adjusted. In no event shall the banks equities be retired or canceled if the retirement or cancellation would adversely affect the banks capital structure, as determined by the Farm Credit Administration.

(Pub. L. 92181, title III, § 3.10, Dec. 10, 1971, 85 Stat. 606; Pub. L. 96592, title III, § 307, Dec. 24, 1980, 94 Stat. 3445; Pub. L. 99509, title I, § 1033(c), Oct. 21, 1986, 100 Stat. 1877; Pub. L. 115334, title V, § 5411(10), Dec. 20, 2018, 132 Stat. 4680.)

Notes

Editorial Notes

Amendments2018—Subsec. (c). Pub. L. 115334, § 5411(10)(A), struck out at end “In the case of a direct loan to an eligible cooperative by the Central Bank, the Central Bank shall have a first lien on the stock and equities of the borrower in the district bank and the district bank shall have a lien thereon junior only to the lien of the Central Bank.” Subsec. (d). Pub. L. 115334, § 5411(10)(B), substituted “held by a bank in another bank for cooperatives (or any successor bank) on account of such indebtedness” for “held by a district bank in another district bank on account of such indebtedness”. 1986—Subsec. (a). Pub. L. 99509 struck out “, with the approval of the Farm Credit Administration as provided in section 2205 of this title” after “from time to time”. 1980—Subsec. (a). Pub. L. 96592, § 307(1), inserted reference to section 2205 of this title. Subsec. (d). Pub. L. 96592, § 307(2), substituted “market” for “book” and inserted provisions respecting retirement or cancellation of equities as affected by the capital structure.