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republic-os/legal/us/code/title-12/chapter-52/section-5238.md
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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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---
type: "LegalText"
title: "12 U.S.C. § 5238"
description: "Study on mark-to-market accounting"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 12
title_name: "BANKS AND BANKING"
chapter_number: "52"
chapter_name: "EMERGENCY ECONOMIC STABILIZATION"
section: "5238"
citation: "12 U.S.C. § 5238"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc12@119-100.zip"
source_identifier: "/us/usc/t12/s5238"
source_file: "data/legal/raw/us/code/title-12/usc12.xml"
source_hash: "1e4653baf02b85ba35f8fb5b2e4b1055895e10690530ac9967ba66f50a74c9a0"
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text_hash: "1cc6e66523ddac25c1f16df3216a86e02cda2783e0d510f51e98a1caa9a3ed4f"
retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---
# 12 U.S.C. § 5238 - Study on mark-to-market accounting
## Text
(a) Study The Securities and Exchange Commission, in consultation with the Board and the Secretary, shall conduct a study on mark-to-market accounting standards as provided in Statement Number 157 of the Financial Accounting Standards Board, as such standards are applicable to financial institutions, including depository institutions. Such a study shall consider at a minimum—
(1) the effects of such accounting standards on a financial institutions balance sheet;
(2) the impacts of such accounting on bank failures in 2008;
(3) the impact of such standards on the quality of financial information available to investors;
(4) the process used by the Financial Accounting Standards Board in developing accounting standards;
(5) the advisability and feasibility of modifications to such standards; and
(6) alternative accounting standards to those provided in such Statement Number 157.
(b) Report The Securities and Exchange Commission shall submit to Congress a report of such study before the end of the 90-day period beginning on October 3, 2008, containing the findings and determinations of the Commission, including such administrative and legislative recommendations as the Commission determines appropriate.
(Pub. L. 110343, div. A, title I, § 133, Oct. 3, 2008, 122 Stat. 3798.)