12 U.S.C. § 2277a–8 — Conduct of corporate affairs; examination of System institutions
submitted 38 years ago by Pub. L. 92-181 to r/title-12-BANKS-AND-BANKING · 545 words · no verdicts yet
The Board must administer the Corporation fairly and may use government resources. The section gives the Corporation examination powers over specified System institutions and authorizes testimony and cooperation with Farm Credit Administration examiners.
(a) Conduct of corporate affairs (1) Fair administration The Board of Directors* must administer the affairs of the Corporation* fairly and impartially and without discrimination. (2) Obligations and expenses The Board of Directors must determine and prescribe the manner in which the obligations of the Corporation may be incurred and the expenses of the Corporation may be allowed and paid. (3) Use of mails The Corporation may use the United States mails in the same manner and under the same conditions as the executive departments of the Federal Government. (4) Use of information The Corporation, with the consent of any board, commission, independent establishment, or executive department of the Federal Government, including any field service of it, may avail itself of the use of information, services, and facilities of it in carrying out this part. (5) Use of Farm Credit* Administration personnel To the extent practicable, the Corporation must use the personnel and resources of the Farm Credit Administration to minimize duplication of effort and to reduce costs. (b) Examination of System institutions (1) Examination authority (A) General rule If the Board of Directors considers it necessary to examine an insured System bank*, a production credit association, an association making direct loans under the authority provided under section 2279b of this title , or any System institution in receivership, the Board may, using Farm Credit Administration examiners, conduct the examination using reports and other information on the System institution prepared or held by the Farm Credit Administration. Notwithstanding any other provision of this chapter, on cancellation of the charter of a System institution, the Corporation has authority to examine the system institution in receivership. An examination must be performed at such intervals as the Corporation must determine. (B) Request for additional examination or other information If the Board determines that such reports or information are not adequate to enable the Corporation to carry out the duties of the Corporation under this subsection, the Board must request the Farm Credit Administration to examine or to obtain other information from or about the System institution and provide to the Corporation the resulting examination report or such other information. (2) Appointment of examiners If the Farm Credit Administration informs the Corporation that the Farm Credit Administration is unable to comply with a request made under paragraph (1)(B) about a System institution, the Board may appoint examiners to examine the institution. (3) Powers and report Each examiner appointed under paragraph (2) must make such examination of the affairs of the System institution as the Board may direct, and must make a full and detailed report of the examination to the Corporation. (4) Appointment of claim agents The Board of Directors of the Corporation must appoint claim agents who may investigate and examine all claims for insured obligations. (c) Oath, affirmations, and testimony In connection with examinations under this section, the Corporation or its designated representatives may administer oaths and affirmations, and may examine, take, and preserve testimony under oath, as to any matter about the affairs of any such institution. (d) Cooperation with FCA examiners The examiners appointed by the Board of Directors must cooperate to the maximum extent possible with examiners of the Farm Credit Administration to minimize duplication of effort and minimize costs.
The Board of Directors* shall administer the affairs of the Corporation* fairly and impartially and without discrimination.
The Board of Directors shall determine and prescribe the manner in which the obligations of the Corporation may be incurred and the expenses of the Corporation may be allowed and paid.
The Corporation may use the United States mails in the same manner and under the same conditions as the executive departments of the Federal Government.
The Corporation, with the consent of any board, commission, independent establishment, or executive department of the Federal Government, including any field service thereof, may avail itself of the use of information, services, and facilities thereof in carrying out this part.
To the extent practicable, the Corporation shall use the personnel and resources of the Farm Credit Administration to minimize duplication of effort and to reduce costs.
If the Board of Directors considers it necessary to examine an insured System bank*, a production credit association, an association making direct loans under the authority provided under section 2279b of this title, or any System institution in receivership, the Board may, using Farm Credit Administration examiners, conduct the examination using reports and other information on the System institution prepared or held by the Farm Credit Administration. Notwithstanding any other provision of this chapter, on cancellation of the charter of a System institution, the Corporation shall have authority to examine the system 1 institution in receivership. An examination shall be performed at such intervals as the Corporation shall determine.
If the Board determines that such reports or information are not adequate to enable the Corporation to carry out the duties of the Corporation under this subsection, the Board shall request the Farm Credit Administration to examine or to obtain other information from or about the System institution and provide to the Corporation the resulting examination report or such other information.
If the Farm Credit Administration informs the Corporation that the Farm Credit Administration is unable to comply with a request made under paragraph (1)(B) with respect to a System institution, the Board may appoint examiners to examine the institution.
Each examiner appointed under paragraph (2) shall make such examination of the affairs of the System institution as the Board may direct, and shall make a full and detailed report of the examination to the Corporation.
The Board of Directors of the Corporation shall appoint claim agents who may investigate and examine all claims for insured obligations.
In connection with examinations under this section, the Corporation or its designated representatives may administer oaths and affirmations, and may examine, take, and preserve testimony under oath, as to any matter with respect to the affairs of any such institution.
The examiners appointed by the Board of Directors shall cooperate to the maximum extent possible with examiners of the Farm Credit Administration to minimize duplication of effort and minimize costs.
Source credit: (Pub. L. 92–181, title V, § 5.59, as added Pub. L. 100–233, title III, § 302, Jan. 6, 1988, 101 Stat. 1615; amended Pub. L. 101–220, § 6(b)(3), Dec. 12, 1989, 103 Stat. 1880; Pub. L. 102–552, title II, § 203, title V, § 513(a), Oct. 28, 1992, 106 Stat. 4106, 4133; Pub. L. 104–105, title II, § 216, Feb. 10, 1996, 110 Stat. 179.)
- 1988Enacted · Pub. L. 92-181 · 101 Stat. 1615
- 1989Amended · Pub. L. 101-220 · 103 Stat. 1880
- 1992Amended · Pub. L. 102-552 · 106 Stat. 4106, 4133
- 1996Amended · Pub. L. 104-105 · 110 Stat. 179
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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