12 U.S.C. § 1831r — Payments on foreign deposits prohibited
submitted 76 years ago by Pub. L. 102-242 to r/title-12-BANKS-AND-BANKING · 243 words · no verdicts yet
This section bars specified government entities from using payments or assistance to satisfy claims that are not treated as deposits only because of statutory exclusions. It preserves an exception for certain Corporation actions and Federal Reserve lending.
(a) In general. The Corporation, the Federal Reserve Board, the Resolution Trust Corporation, other United States agencies and instrumentalities, and United States-controlled corporations may not directly or indirectly make a payment, give assistance or a guarantee, or transfer anything under this chapter or another law in connection with an insured depository institution if that action would satisfy all or part of a claim for an obligation that would be a “deposit,” except for the exclusions in section 1813(l)(5)(A) and (B). This section does not define “deposit.”
(b) Exception. Subsection (a) does not apply when the Corporation’s Board of Directors makes a written finding that the action is consistent with the requirements of section 1823(c).
(c) Discount-window lending. This section does not prohibit a Federal Reserve bank* from making advances or otherwise extending credit* under the Federal Reserve Act to an insured depository institution, when the advance or credit extension follows the conditions and limits in section 10B of that Act.
Notwithstanding any other provision of law, the Corporation, the Board of Governors of the Federal Reserve System, the Resolution Trust Corporation, any other agency, department, and instrumentality of the United States, and any corporation owned or controlled by the United States may not, directly or indirectly, make any payment or provide any assistance, guarantee, or transfer under this chapter or any other provision of law in connection with any insured depository institution which would have the direct or indirect effect of satisfying, in whole or in part, any claim against the institution for obligations of the institution which would constitute deposits as defined in section 1813(l) of this title but for subparagraphs (A) and (B) of section 1813(l)(5) of this title.
Subsection (a) shall not apply to any payment, assistance, guarantee, or transfer made or provided by the Corporation if the Board of Directors determines in writing that such action is not inconsistent with any requirement of section 1823(c) of this title.
No provision of this section shall be construed as prohibiting any Federal Reserve bank* from making advances or otherwise extending credit* pursuant to the Federal Reserve Act [12 U.S.C. 221 et seq.] to any insured depository institution to the extent that such advance or extension of credit is consistent with the conditions and limitations imposed under section 10B of such Act [12 U.S.C. 347b].
Source credit: (Sept. 21, 1950, ch. 967, § 2[41], as added Pub. L. 102–242, title III, § 312, Dec. 19, 1991, 105 Stat. 2367.)
- 1950Enacted · Pub. L. 102-242 · 105 Stat. 2367
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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