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12 U.S.C. § 1831nAccounting objectives, standards, and requirements

submitted 76 years ago by Pub. L. 102-242 to r/title-12-BANKS-AND-BANKING · 587 words · no verdicts yet

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Accounting principles for insured depository institutions should accurately show capital, support supervision, and support prompt corrective action at the least cost to the Deposit Insurance Fund. The section requires generally uniform GAAP-based standards, review of reporting rules, and annual reports about differences among agencies.

(a) In general (1) Objectives. Accounting principles for required reports and statements should (A) make financial statements and reports of condition accurately show the institution's capital, (B) support effective supervision, and (C) support prompt corrective action to resolve problems at the least cost to the Deposit Insurance Fund. (2) Standards. (A) Subject to this chapter and other Federal law, all insured depository institutions must use uniform accounting principles consistent with generally accepted accounting principles for reports filed with Federal banking agencies. (B) If an agency or the Corporation decides that applying a GAAP principle to an institution conflicts with paragraph (1), it may prescribe a principle for the required reports that is at least as strict as GAAP. (3) Review and implementation. Within one year beginning December 19, 1991, each agency must (A) review (i) all accounting principles used for required reports, (ii) its requirements for those procedures, and (iii) its report procedures and format, including reports of condition; (B) change or eliminate any principle or reporting requirement that fails the paragraph (1) and (2) objectives and standards; and (C) issue rules requiring all assets and liabilities, including contingent assets and liabilities, to be reported in or otherwise considered when preparing required balance sheets, financial statements, reports of condition, or other reports. (b) Uniform accounting of capital standards (1) Each appropriate Federal banking agency must maintain uniform accounting standards for deciding whether depository institutions meet statutory or regulatory requirements. (2) Standards in effect on December 19, 1991, under section 1833d-1 continue until the appropriate agency changes them under paragraph (1). (c) Reports to banking committees (1) The Federal banking agencies must jointly send an annual report to the specified House and Senate banking committees describing every difference between an accounting or capital standard used by one agency and one used by another. (2) The report must explain each difference. (3) The report must be published in the Federal Register.
the actual law source: uscode.house.gov ↗public domain
(a) In general
(1) Objectives

Accounting principles applicable to reports or statements required to be filed with Federal banking agencies by insured depository institutions should—

(A)

result in financial statements and reports of condition that accurately reflect the capital of such institutions;

(B)

facilitate effective supervision of the institutions; and

(C)

facilitate prompt corrective action to resolve the institutions at the least cost to the Deposit Insurance Fund.

(2) Standards
(A) Uniform accounting principles consistent with GAAP

Subject to the requirements of this chapter and any other provision of Federal law, the accounting principles applicable to reports or statements required to be filed with Federal banking agencies by all insured depository institutions shall be uniform and consistent with generally accepted accounting principles.

(B) Stringency

If the appropriate Federal banking agency or the Corporation determines that the application of any generally accepted accounting principle to any insured depository institution is inconsistent with the objectives described in paragraph (1), the agency or the Corporation may, with respect to reports or statements required to be filed with such agency or Corporation, prescribe an accounting principle which is applicable to such institutions which is no less stringent than generally accepted accounting principles.

(3) Review and implementation of accounting principles required

Before the end of the 1-year period beginning on December 19, 1991, each appropriate Federal banking agency shall take the following actions:

(A) Review of accounting principles

Review—

(i)

all accounting principles used by depository institutions with respect to reports or statements required to be filed with a Federal banking agency;

(ii)

all requirements established by the agency with respect to such accounting procedures; and

(iii)

the procedures and format for reports to the agency, including reports of condition.

(B) Modification of noncomplying measures

Modify or eliminate any accounting principle or reporting requirement of such Federal agency which the agency determines fails to comply with the objectives and standards established under paragraphs (1) and (2).

(C) Inclusion of “off balance sheet” items

Develop and prescribe regulations which require that all assets and liabilities, including contingent assets and liabilities, of insured depository institutions be reported in, or otherwise taken into account in the preparation of any balance sheet, financial statement, report of condition, or other report of such institution, required to be filed with a Federal banking agency.

(b) Uniform accounting of capital standards
(1) In general

Each appropriate Federal banking agency shall maintain uniform accounting standards to be used for determining compliance with statutory or regulatory requirements of depository institutions.

(2) Transition provision

Any standards in effect on December 19, 1991, under section 1833d 1 of this title shall continue in effect after December 19, 1991, until amended by the appropriate Federal banking agency under paragraph (1).

(c) Reports to banking committees
(1) Annual reports required

The Federal banking agencies shall jointly submit an annual report to the Committee on Banking, Finance and Urban Affairs of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate containing a description of any difference between any accounting or capital standard used by any such agency and any accounting or capital standard used by any other agency.

(2) Explanation of reasons for discrepancy

Each report submitted under paragraph (1) shall contain an explanation of the reasons for any discrepancy between any accounting or capital standard used by any such agency and any accounting or capital standard used by any other agency.

(3) Publication

Each report under this subsection shall be published in the Federal Register.

Source credit: (Sept. 21, 1950, ch. 967, § 2[37], as added Pub. L. 102–242, title I, § 121(a), Dec. 19, 1991, 105 Stat. 2250; amended Pub. L. 106–569, title XII, §§ 1221, 1223, Dec. 27, 2000, 114 Stat. 3036; Pub. L. 109–173, § 8(a)(35), Feb. 15, 2006, 119 Stat. 3615.)

history & why it existsrecord from the source credit
  • 1950Enacted · Pub. L. 102-242 · 105 Stat. 2250
  • 2000Amended · Pub. L. 106-569 · 114 Stat. 3036
  • 2006Amended · Pub. L. 109-173 · 119 Stat. 3615

A history note hasn’t been published yet. The record shows enactment by Pub. L. 102-242 on 1950-09-21.

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