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12 U.S.C. § 2279b — Transfer of lending authority

submitted 38 years ago by Pub. L. 92-181 to r/title-12-BANKS-AND-BANKING · 309 words · no verdicts yet

in plain englishAI-generated · not legal advice

A Federal land bank or qualifying merged bank may transfer long-term real-estate lending authority to a Federal land bank association with required approvals. The association then receives the direct authority, and the bank may finance its loans; a merger with a production credit association requires the transfer.

(a) Voluntary transfers. A Federal land bank, or a merged bank containing one, may transfer to a Federal land bank association—and the association may assume—the bank’s authority to make and participate in long-term real-estate mortgage loans in the association’s territory if approved by the Farm Credit Administration Board, both institutions’ Boards, and a majority of each institution’s stockholders under sections 2279a and 2279c–1. (b) After a transfer under (a) or (d), (1) the association has all of the transferring bank’s direct long-term real-estate mortgage authority in its territory, and (2) the bank may provide financial assistance, discount or purchase the association’s notes, drafts, or other obligations endorsed or guaranteed by it, when proceeds were advanced to eligible persons for association-authorized purposes. (c) The Farm Credit Administration must regulate how the transferring bank’s powers and obligations are consolidated and, as needed, reconciled in the association. (d) When one or more production credit associations merge with one or more Federal land bank associations, the supervising bank must transfer all its direct lending authority in the association’s territory to the merged association.

the actual law source: uscode.house.gov ↗public domain
(a) Voluntary transfers

A Federal land bank or a merged bank having a Federal land bank as one of its constituents, may transfer to a Federal land bank association, and the association may assume, the authority of the transferring bank in the territorial area served by the association, to make and participate in long-term real estate mortgage loans under this chapter if the transfer is approved by—

(1)

the Farm Credit Administration Board;

(2)

the Board of Directors of both institutions; and

(3)

a majority of the stockholders of the bank and of the association, in accordance with the voting provisions of sections 2279a and 2279c–1 of this title, respectively.

(b) Direct loans and financial assistance

After a transfer described in subsection (a) or (d)—

(1)

the Federal land bank association shall possess all of the direct long-term real estate mortgage loan authority, formerly possessed by the transferring bank, in the territory served by the association; and

(2)

the bank may provide and extend financial assistance to, and discount for, or purchase from, the transferee Federal land bank association any note, draft, or other obligation with the endorsement or guarantee of the association, the proceeds of which have been advanced to persons eligible and for purposes of financing by the association under subsection (a).

(c) Regulations

The Farm Credit Administration shall issue regulations that establish the manner in which the powers and obligations of the banks that make transfers are consolidated and, to the extent necessary, reconciled in the association referred to in subsection (a).

(d) Mandatory transfer

On the merger of one or more production credit associations with one or more Federal land bank associations, the bank supervising the Federal land bank association shall transfer all of the direct lending authority of the bank in the territory served by such Federal land bank association to such merged association.

Source credit: (Pub. L. 92–181, title VII, § 7.6, formerly §§ 7.6, 7.7, as added Pub. L. 100–233, title IV, § 416, Jan. 6, 1988, 101 Stat. 1647; amended Pub. L. 100–399, title IV, § 408(f)–(j), Aug. 17, 1988, 102 Stat. 1001, 1002.)

history & why it existsrecord from the source credit
  • 1988Enacted · Pub. L. 92-181 · 101 Stat. 1647
  • 1988Amended · Pub. L. 100-399 · 102 Stat. 1001, 1002

A history note hasn’t been published yet. The record shows enactment by Pub. L. 92-181 on 1988-01-06.

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