12 U.S.C. § 2071 — Organization and charters
submitted 38 years ago by Pub. L. 92-181 to r/title-12-BANKS-AND-BANKING · 381 words · no verdicts yet
This section continues production credit associations as federally chartered entities and sets the process for forming and chartering them. It specifies what the articles must contain and what the Farm Credit Administration may do.
(a) Charter. Each production credit* association continues as a federally chartered instrumentality of the United States.
(b) Organization. (1) In general. Ten or more farmers, ranchers, or producers or harvesters of aquatic products who want to borrow money under this part may organize a production credit association. (2) Articles of association. The proposed articles must be sent to the Farm Credit Bank for the district, together with an agreement that the association will subscribe for the amount of the bank’s stock the bank requires. (3) Contents of articles. The articles must generally state* (A) the association’s purposes; (B) the powers it will use to perform functions authorized by this part; and (C) the territory it plans to serve. (4) Signatures. People forming the association must sign the articles. Each must also sign a statement showing that the person* is eligible to borrow from the association and will become a stockholder. (5) Copy to FCA. A copy must be sent to the Farm Credit Administration with the bank’s recommendations about whether the association is needed to serve eligible people in the proposed territory and whether that territory includes an area in another production credit association’s charter. (6) Denial of charter. For good cause, the Farm Credit Administration may deny the charter. (7) Approval of articles. When the Farm Credit Administration approves the proposed articles and issues a charter, the association becomes on that date a federally chartered corporate body and an instrumentality of the United States. (8) Powers of FCA. Under its rules or the charter’s terms, the Farm Credit Administration may (A) provide for organizing the association; (B) set its initial stock amount; (C) set the territory where it may operate; and (D) approve charter amendments.
Each production credit* association shall continue as a Federally chartered instrumentality of the United States.
Production credit associations may be organized by 10 or more farmers or ranchers or producers or harvesters of aquatic products desiring to borrow money under the provisions of this part.
The proposed articles of association shall be forwarded to the Farm Credit Bank for the district accompanied by an agreement to subscribe on behalf of the association for stock in the bank in such amounts as may be required by the bank.
The articles shall specify in general terms the—
objects for which the association is formed;
powers to be exercised by the association in carrying out the functions authorized by this part; and
territory the association proposes to serve.
The articles shall be signed by persons desiring to form such an association and shall be accompanied by a statement signed by each such person* establishing eligibility to borrow from the association in which such person will become a stockholder.
A copy of the articles of association shall be forwarded to the Farm Credit Administration with the recommendations of the bank concerning the need for such an association in order to adequately serve the credit needs of eligible persons in the proposed territory and whether that territory includes any area described in the charter of another production credit association.
The Farm Credit Administration for good cause shown may deny the charter.
On approval of the proposed articles by the Farm Credit Administration, and on the issuance of a charter, the association shall become as of such date a federally chartered body corporate and an instrumentality of the United States.
The Farm Credit Administration shall have the power, under rules and regulations prescribed by the Farm Credit Administration or by prescribing in the terms of the charter, to—
provide for the organization of the association;
provide for the initial amount of stock of the association;
provide for the territory within which the association’s operations may be carried on; and
approve amendments to the charter of the association.
Source credit: (Pub. L. 92–181, title II, § 2.0, as added Pub. L. 100–233, title IV, § 401, Jan. 6, 1988, 101 Stat. 1629; amended Pub. L. 100–399, title IV, § 401(m), Aug. 17, 1988, 102 Stat. 997; Pub. L. 102–237, title V, § 502(b), Dec. 13, 1991, 105 Stat. 1868.)
- 1988Enacted · Pub. L. 92-181 · 101 Stat. 1629
- 1988Amended · Pub. L. 100-399 · 102 Stat. 997
- 1991Amended · Pub. L. 102-237 · 105 Stat. 1868
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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