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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. § 4623 Judicial review of Director action us united_states_code code_section 12 BANKS AND BANKING 46 GOVERNMENT SPONSORED ENTERPRISES 4623 12 U.S.C. § 4623 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/s4623 data/legal/raw/us/code/title-12/usc12.xml ed3511344170c1bd94f91d3127285ca40a19817279ebb36555271b690708eca0 e6b98700ef4156ac33fde5d105824845d727afa91a53f3762be2cf4d1a3b01fa 76d612e88593a4145a6dad150e51af0a6ce91de16e5bfa31dedf80a41df222c3 2026-07-04 official
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12 U.S.C. § 4623 - Judicial review of Director action

Text

(a) Jurisdiction (1) Filing of petition A regulated entity that is not classified as critically undercapitalized and is the subject of a classification under section 4614 of this title or a discretionary supervisory action taken under this subchapter by the Director (other than action to appoint a conservator under section 4616 or 4617 of this title or action under section 4619 11 See References in Text note below. of this title) may obtain review of the classification or action by filing, within 10 days after receiving written notice of the Directors action, a written petition requesting that the classification or action of the Director be modified, terminated, or set aside.

(2) Place for filing A petition filed pursuant to this subsection shall be filed in the United States Court of Appeals for the District of Columbia Circuit.

(b) Scope of review The Court may modify, terminate, or set aside an action taken by the Director and reviewed by the Court pursuant to this section only if the court finds, on the record on which the Director acted, that the action of the Director was arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with applicable laws.

(c) Unavailability of stay The commencement of proceedings for judicial review pursuant to this section shall not operate as a stay of any action taken by the Director. Pending judicial review of the action, the court shall not have jurisdiction to stay, enjoin, or otherwise delay any supervisory action taken by the Director with respect to a regulated entity that is classified as significantly or critically undercapitalized or any action of the Director that results in the classification of a regulated entity as significantly or critically undercapitalized.

(d) Limitation on jurisdiction Except as provided in this section, no court shall have jurisdiction to affect, by injunction or otherwise, the issuance or effectiveness of any classification or action of the Director under this subchapter (other than appointment of a conservator under section 4616 or 4617 of this title or action under section 4619 1 of this title) or to review, modify, suspend, terminate, or set aside such classification or action.

(Pub. L. 102550, title XIII, § 1369D, Oct. 28, 1992, 106 Stat. 3985; Pub. L. 110289, div. A, title I, § 1145(b)(3), July 30, 2008, 122 Stat. 2767.)

Notes

Editorial Notes

References in TextSection 4619 of this title, referred to in subsecs. (a)(1) and (d), was repealed by Pub. L. 110289, div. A, title I, § 1145(b)(4), July 30, 2008, 122 Stat. 2767.

Amendments2008—Subsec. (a)(1). Pub. L. 110289, § 1145(b)(3)(B), substituted “A regulated entity” for “An enterprise”. Subsec. (c). Pub. L. 110289, § 1145(b)(3)(A), substituted “a regulated entity” for “an enterprise” in two places.