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

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LegalText 12 U.S.C. § 3909 General authorities us united_states_code code_section 12 BANKS AND BANKING 40 INTERNATIONAL LENDING SUPERVISION 3909 12 U.S.C. § 3909 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/s3909 data/legal/raw/us/code/title-12/usc12.xml 2176e3664651cab38185fb356d68dd26fe6f3db675afe569db7292c0b9d65b14 e6b98700ef4156ac33fde5d105824845d727afa91a53f3762be2cf4d1a3b01fa 707a7edcc236d84874f9c0108dc605864f81f7b9b02e6be334ad2f1299c834ad 2026-07-04 official
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12 U.S.C. § 3909 - General authorities

Text

(a) Rules and regulations (1) The appropriate Federal banking agencies are authorized to interpret and define the terms used in this chapter, and each appropriate Federal banking agency shall prescribe rules or regulations or issue orders as necessary to effectuate the purposes of this chapter and to prevent evasions thereof.

(2) The appropriate Federal banking agency is authorized to apply the provisions of this chapter to any affiliate of an insured depository institution, but only to affiliates for which it is the appropriate Federal banking agency, in order to promote uniform application of this chapter or to prevent evasions thereof.

(3) For purposes of this section, the term “affiliate” shall have the same meaning as in section 371c of this title, except that the term “member bank” in such section shall be deemed to refer to an “insured depository institution”, as such term is defined in section 1813(c)(2) of this title.

(b) Systems uniformity The appropriate Federal banking agencies shall establish uniform systems to implement the authorities provided under this chapter.

(c) Existing authorities (1) The powers and authorities granted in this chapter shall be supplemental to and shall not be deemed in any manner to derogate from or restrict the authority of each appropriate Federal banking agency under section 1818 of this title or any other law including the authority to require additional capital or reserves.

(2) Any such authority may be used by any appropriate Federal banking agency to ensure compliance by a banking institution with the provisions of this chapter and all rules, regulations, or orders issued pursuant thereto.

(d) Civil penalties; assessment and collection (1) Any banking institution which violates, or any officer, director, employee, agent, or other person participating in the conduct of the affairs of such banking institution, who violates any provision of this chapter, or any rule, regulation, or order, issued under this chapter, shall forfeit and pay a civil penalty of not more than $1,000 per day for each day during which such violation continues.

(2) Such violations shall be deemed to be a violation of a final order under section 1818(i)(2) of this title and the penalty shall be assessed and collected by the appropriate Federal banking agency under the procedures established by, and subject to the rights afforded to parties in, such section.

(Pub. L. 98181, title I [title IX, § 910], Nov. 30, 1983, 97 Stat. 1282; Pub. L. 109351, title VII, § 713(b), Oct. 13, 2006, 120 Stat. 1995.)

Notes

Editorial Notes

Amendments2006—Subsec. (a)(2). Pub. L. 109351, § 713(b)(1), substituted “insured depository institution” for “insured bank”. Subsec. (a)(3). Pub. L. 109351, § 713(b)(2), substituted “an insured depository institution, as such term is defined in section 1813(c)(2)” for “an insured bank, as such term is used in section 1813(h)”.