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12 U.S.C. § 2279bb–4Enforcement levels

submitted 35 years ago by Pub. L. 92-181 to r/title-12-BANKS-AND-BANKING · 468 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Director classifies the Corporation into four capital-enforcement levels based on risk-based, minimum, and critical capital. The Director may impose a worse classification for dangerous actions or major property-value declines and must determine the level at least quarterly.

(a) The Director classifies the Corporation as follows. (1) Level I: regulatory capital is at least the section 2279bb–1 risk-based level and capital is at least the section 2279bb–2 minimum. (2) Level II: regulatory capital is below the risk-based level but at least the minimum, or the Corporation is classified under (b). (3) Level III: capital is below the minimum but at least the section 2279bb–3 critical level, or classified under (b). (4) Level IV: capital is below the critical level, or classified under (b). (b) If the Director determines in writing, and notifies the Corporation and Farm Credit Administration in writing, that the Corporation is taking an unapproved action that could rapidly deplete core capital, or that property securing its securitized mortgages or guaranteed securities has significantly lost value, the Director may classify it one level worse: Level II instead of I, Level III instead of II, or Level IV instead of III. (c) The Director must determine the classification at least quarterly and as appropriate under (b); the first determination was for the quarter ending March 31, 1992. (d) When determining under (b) or (c) that the Corporation is Level II or III, the Director must notify Congress and the Corporation in writing of the level, applicable section 2279bb–5 or –6, and reasons.
the actual law source: uscode.house.gov ↗public domain
(a) In general

The Director shall classify the Corporation, for purposes of this part, according to the following enforcement levels:

(1) Level I

The Corporation shall be classified as within level I if the Corporation—

(A)

maintains an amount of regulatory capital that is equal to or exceeds the risk-based capital level established under section 2279bb–1 of this title; and

(B)

equals or exceeds the minimum capital level established under section 2279bb–2 of this title.

(2) Level II

The Corporation shall be classified as within level II if—

(A)

the Corporation—

(i)

maintains an amount of regulatory capital that is less than the risk-based capital level; and

(ii)

equals or exceeds the minimum capital level; or

(B)

the Corporation is otherwise classified as within level II under subsection (b) of this section.

(3) Level III

The Corporation shall be classified as within level III if—

(A)

the Corporation—

(i)

does not equal or exceed the minimum capital level; and

(ii)

equals or exceeds the critical capital level established under section 2279bb–3 of this title; or

(B)

the Corporation is otherwise classified as within level III under subsection (b) of this section.

(4) Level IV

The Corporation shall be classified as within level IV if the Corporation—

(A)

does not equal or exceed the critical capital level; or

(B)

is otherwise classified as within level IV under subsection (b) of this section.

(b) Discretionary classification

If at any time the Director determines in writing (and provides written notification to the Corporation and the Farm Credit Administration) that the Corporation is taking any action not approved by the Director that could result in a rapid depletion of core capital or that the value of the property subject to mortgages securitized by the Corporation or property underlying securities guaranteed by the Corporation, has decreased significantly, the Director may classify the Corporation—

(1)

as within level II, if the Corporation is otherwise within level I;

(2)

as within level III, if the Corporation is otherwise within level II; or

(3)

as within level IV, if the Corporation is otherwise within level III.

(c) Quarterly determination

The Director shall determine the classification of the Corporation for purposes of this part on not less than a quarterly basis (and as appropriate under subsection (b)). The first such determination shall be made for the quarter ending March 31, 1992.

(d) Notice

Upon determining under subsection (b) or (c) that the Corporation is within level II or III, the Director shall provide written notice to the Congress and to the Corporation—

(1)

that the Corporation is within such level;

(2)

that the Corporation is subject to the provisions of section 2279bb–5 or 2279bb–6 of this title, as applicable; and

(3)

stating the reasons for the classification of the Corporation within such level.

Source credit: (Pub. L. 92–181, title VIII, § 8.35, as added Pub. L. 102–237, title V, § 503(b)(2), Dec. 13, 1991, 105 Stat. 1874; amended Pub. L. 104–105, title I, § 116, Feb. 10, 1996, 110 Stat. 168; Pub. L. 115–334, title V, § 5411(50), Dec. 20, 2018, 132 Stat. 4685.)

history & why it existsrecord from the source credit
  • 1991Enacted · Pub. L. 92-181 · 105 Stat. 1874
  • 1996Amended · Pub. L. 104-105 · 110 Stat. 168
  • 2018Amended · Pub. L. 115-334 · 132 Stat. 4685

A history note hasn’t been published yet. The record shows enactment by Pub. L. 92-181 on 1991-12-13.

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