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12 U.S.C. § 2279aa–2 — Board of directors

submitted 38 years ago by Pub. L. 92-181 to r/title-12-BANKS-AND-BANKING · 640 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Corporation is managed by a 15-member Board. Ten members are elected by specified stockholders, and five are appointed by the President with Senate approval; the section also sets rules for vacancies, terms, a quorum, compensation, the chairperson, meetings, and staff.

(a) In general. (1) The Corporation must be managed by its Board of Directors. (2) The Board has 15 members: (A) 5 elected by holders of common stock who are insurance companies, banks, or other financial institutions or entities; (B) 5 elected by holders of common stock who are Farm Credit System institutions; and (C) 5 appointed by the President with the Senate’s advice and consent. The five appointed members must not be, and must not have been, officers or directors of financial institutions or entities; must represent the general public; no more than 3 may belong to the same political party; and at least 2 must have farming or ranching experience. (3)(A) Subject to paragraph (5), the Board fills a vacancy among elected members from people eligible for that position. (B) A vacancy among presidential appointees is filled in the same way as the original appointment. (4)(A) A member chosen as a representative of a bank, other financial institution or entity, insurance company, or Farm Credit System institution may continue only for up to 45 days after ceasing to be that representative. (B) A member appointed because the member had never been a director or officer of a financial institution or entity may continue only for up to 45 days after becoming such a director or officer. (5)(A) Presidential appointees serve at the President’s pleasure. (B) Members elected under subsection (b)(2)(A) and (B) are elected each year until the next annual meeting of the Corporation’s common stockholders and serve until successors are elected and qualified. A seat becoming vacant after the annual election is filled by Board members from the same category, only for the unexpired term. (C) A person appointed to fill a vacancy serves only the rest of the predecessor’s term. (D) A member may continue after the term ends until the successor takes office. (6) Eight members are a quorum. (7) A full-time United States officer or employee receives no extra pay for Board service. (8) The President designates one presidential appointee as chairperson. (9) The Board meets when the chairperson or a majority of members calls it. (b) Officers and staff. The Board may appoint and employ Corporation officers and employees, set their pay, and provide allowances and benefits the Board considers appropriate.

the actual law source: uscode.house.gov ↗public domain
(a) In general
(1) Establishment

The Corporation shall be under the management of the board of directors.

(2) Composition

The Board shall consist of 15 members, of which—

(A)

5 members shall be elected by holders of common stock that are insurance companies, banks, or other financial institutions or entities;

(B)

5 members shall be elected by holders of common stock that are Farm Credit System institutions; and

(C)

5 members shall be appointed by the President, by and with the advice and consent of the Senate—

(i)

which members shall not be, or have been, officers or directors of any financial institutions or entities;

(ii)

which members shall be representatives of the general public;

(iii)

of which members not more than 3 shall be members of the same political party; and

(iv)

of which members at least 2 shall be experienced in farming or ranching.

(3) Vacancy
(A) Elected members

Subject to paragraph (5), a vacancy among the members elected to the Board in the manner described in subparagraph (A) or (B) of paragraph (2) shall be filled by the Board from among persons eligible for election to the position for which the vacancy exists.

(B) Appointed members

A vacancy among the members appointed to the Board under paragraph (2)(C) shall be filled in the manner in which the original appointment was made.

(4) Continuation of membership

If—

(A)

any member of the Board who was appointed or elected to the Board from among persons who are representatives of banks, other financial institutions or entities, insurance companies, or Farm Credit System institutions ceases to be such a representative; or

(B)

any member who was appointed from persons who are not or have not been directors or officers of any financial institution or entity becomes a director or an officer of any financial institution or entity;

such member may continue as a member for not longer than the 45-day period beginning on the date such member ceases to be such a representative, officer, or employee or becomes such a director or officer, as the case may be.

(5) Terms
(A) Appointed members

The members appointed by the President shall serve at the pleasure of the President.

(B) Elected members

The members elected under subparagraphs (A) and (B) of subsection (b)(2) shall each be elected annually for a term ending on the date of the next annual meeting of the common stockholders of the Corporation and shall serve until their successors are elected and qualified. Any seat on the Board that becomes vacant after the annual election of the directors shall be filled by the members of the Board from the same category of directors, but only for the unexpired portion of the term.

(C) Vacancy appointment

Any member appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of the member was appointed shall be appointed only for the remainder of such term.

(D) Service after expiration of term

A member may serve after the expiration of the term of the member until the successor of the member has taken office.

(6) Quorum

8 members of the Board shall constitute a quorum.

(7) No additional pay for Federal officers or employees

Members of the Board who are fulltime officers or employees of the United States shall receive no additional pay by reason of service on the Board.

(8) Chairperson

The President shall designate 1 of the members of the Board who are appointed by the President as the chairperson of the Board.

(9) Meetings

The Board shall meet at the call of the chairperson or a majority of its members.

(b) Officers and staff

The Board may appoint, employ, fix the pay of, and provide other allowances and benefits for such officers and employees of the Corporation as the Board determines to be appropriate.

Source credit: (Pub. L. 92–181, title VIII, § 8.2, as added Pub. L. 100–233, title VII, § 702, Jan. 6, 1988, 101 Stat. 1688; amended Pub. L. 100–399, title VI, § 601(b), Aug. 17, 1988, 102 Stat. 1005; Pub. L. 115–334, title V, § 5411(43), Dec. 20, 2018, 132 Stat. 4684.)

history & why it existsrecord from the source credit
  • 1988Enacted · Pub. L. 92-181 · 101 Stat. 1688
  • 1988Amended · Pub. L. 100-399 · 102 Stat. 1005
  • 2018Amended · Pub. L. 115-334 · 132 Stat. 4684

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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