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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. § 5366 Early remediation requirements us united_states_code code_section 12 BANKS AND BANKING 53 WALL STREET REFORM AND CONSUMER PROTECTION 5366 12 U.S.C. § 5366 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/s5366 data/legal/raw/us/code/title-12/usc12.xml b788a43323f402099644d7fa753f50a3be1083b4ac6fc08637f609685f213b66 e6b98700ef4156ac33fde5d105824845d727afa91a53f3762be2cf4d1a3b01fa 2515fa5b48fd77d313b8b00e0a04eaae0a57ceca669c88ec862eb4248c79ffca 2026-07-04 official
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12 U.S.C. § 5366 - Early remediation requirements

Text

(a) In general The Board of Governors, in consultation with the Council and the Corporation, shall prescribe regulations establishing requirements to provide for the early remediation of financial distress of a nonbank financial company supervised by the Board of Governors or a bank holding company described in section 5365(a) of this title, except that nothing in this subsection authorizes the provision of financial assistance from the Federal Government.

(b) Purpose of the early remediation requirements The purpose of the early remediation requirements under subsection (a) shall be to establish a series of specific remedial actions to be taken by a nonbank financial company supervised by the Board of Governors or a bank holding company described in section 5365(a) of this title that is experiencing increasing financial distress, in order to minimize the probability that the company will become insolvent and the potential harm of such insolvency to the financial stability of the United States.

(c) Remediation requirements The regulations prescribed by the Board of Governors under subsection (a) shall—

(1) define measures of the financial condition of the company, including regulatory capital, liquidity measures, and other forward-looking indicators; and

(2) establish requirements that increase in stringency as the financial condition of the company declines, including—

(A) requirements in the initial stages of financial decline, including limits on capital distributions, acquisitions, and asset growth; and

(B) requirements at later stages of financial decline, including a capital restoration plan and capital-raising requirements, limits on transactions with affiliates, management changes, and asset sales.

(Pub. L. 111203, title I, § 166, July 21, 2010, 124 Stat. 1432.)