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12 U.S.C. § 3012 — General corporate powers

submitted 48 years ago by Pub. L. 95-351 to r/title-12-BANKS-AND-BANKING · 892 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Bank may conduct lending, guarantee, investment, property, staffing, contracting, and other activities needed to perform its duties. Its Board controls the Bank and may adopt bylaws and appoint officers.

The Bank may make and service loans and credit commitments, issue guarantees, provide financially related services and technical assistance and research results, and issue its obligations within section 3017’s limits, in amounts, at times, and on terms it decides. It may exercise the other powers and duties in this chapter. It may also— (1) operate under its Board of Directors; (2) adopt, change, and use a corporate seal, which courts must recognize judicially; (3) have its Board elect a president, vice presidents, secretary, treasurer, and other needed officers, employees, and agents, define their duties under Board rules and standards, and require surety bonds or other protection against employee-caused losses; (4) have the Board adopt lawful bylaws covering elected officers’ terms and elections, stock classes and how stock is issued, transferred, and retired, selection of personnel, property, loans and other financial assistance, appraisals, business, and exercise of legal privileges; (5) contract and make advance, progress, or other contract payments without the limits in 31 U.S.C. 3324(a) and (b); (6) sue and be sued in its corporate name in any proper state or federal court; (7) acquire, hold, lease, mortgage, or sell real or personal property and buy or sell securities or obligations as needed for its business. Owning real property does not remove a State’s or political subdivision’s civil or criminal jurisdiction over it or impair its residents’ civil rights under federal, state, or local law; (8) insure property and other assets against loss; (9) change or agree to change interest rates, payment times, security, or other contract terms; (10) use federal, state, local, private, or nonprofit agencies or organizations, with their consent, and contract for services, research, funds, or facilities, including making contract payments without the cited title 31 limits; (11) within section 3017’s limits, borrow and issue notes, bonds, debentures, or other obligations, alone or with other financial institutions, on terms and interest rates it sets; (12) issue debt certificates to stockholders or members, pay interest on money left with it, and accept grants or interest-free temporary use of funds; (13) join other institutions, agencies, or foundations in loans or guarantees on agreed terms; (14) accept guarantees from agencies for eligible Bank loans; (15) establish branches and related advisory councils when the Board authorizes them; (16) buy and sell obligations of, or insured by, the United States or its agencies and securities backed by their full faith and credit, and after the Final Government Equity Redemption Date make other Board-authorized investments; (17) set officer and employee salary scales under Board standards without title 5 classification and General Schedule rules, except that General Schedule rates apply until the Treasury Secretary’s class A stock is retired; and (18) exercise other incidental powers needed or useful for its duties. For deciding whether a public offering occurred under the Securities Act of 1933, purchases of class B and C stock before August 13, 1981, are disregarded.

the actual law source: uscode.house.gov ↗public domain

The Bank shall have the power to make and service loans, commitments for credit, guarantees, furnish financially related services, technical assistance and the results of research, issue its obligations within the limitations imposed by section 3017 of this title in such amounts, at such times, and on such terms as the Bank may determine, and to exercise the other powers and duties prescribed in this chapter, and shall have the power to—

(1)

operate under the direction of its Board of Directors;

(2)

adopt, alter, and use a corporate seal, which shall be judicially noted;

(3)

elect by its Board of Directors a president, one or more vice presidents, a secretary, a treasurer, and provide for such other officers, employees, and agents as may be necessary, and define their duties in accordance with regulations and standards adopted by the Board, and require surety bonds or make other provisions against losses occasioned by acts of employees;

(4)

prescribe by its Board of Directors its bylaws not inconsistent with law, which shall establish the terms of office and the procedure for election of elective members; provide in a manner not inconsistent with this chapter for the classes of its stock and the manner in which its stock shall be issued, transferred, and retired; and prescribe the manner in which its officers, employees, and agents are elected or selected, its property acquired, held and transferred, its loans, commitments, other financial assistance, guarantees and appraisals may be made, its general business conducted, and the privilege granted it by law exercised and enjoyed;

(5)

enter into contracts and make advance, progress, or other payments with respect to such contracts, without regard to the provisions of section 3324(a) and (b) of title 31;

(6)

sue and be sued in its corporate name and complain and defend, in any court of competent jurisdiction, State or Federal;

(7)

acquire, hold, lease, mortgage, or dispose of, at public or private sale, real and personal property and sell or exchange any securities or obligations, and otherwise exercise all the usual incidents of ownership of property necessary or convenient to its business: Provided, That any such acquisition or ownership of real property shall not deprive a State or political subdivision thereof of its civil or criminal jurisdiction in and over such property or impair the civil rights of the inhabitants of such property under Federal, State, or local laws;

(8)

obtain insurance against loss in connection with property and other assets;

(9)

modify or consent to the modification with respect to the rate of interest, time of payment of any installment of principal or interest, security, or any other term of any contract or agreement to which it is a party or has an interest pursuant to this chapter;

(10)

utilize and act through any Federal, State, or local public agency or instrumentality, or private agency or organization, with the consent of the agency or organization concerned, and contract with such agency, instrumentality, or organization for furnishing or receiving technical services and benefits of research, services, funds or facilities; and make advance, progress, or other payments with respect to such contracts without regard to section 3324(a) and (b) of title 31;

(11)

within the limitations of section 3017 of this title, borrow money and issue notes, bonds and debentures or other obligations individually or in concert with other financial institutions, agencies or instrumentalities, of such character and such terms and conditions and at rates of interest as may be determined;

(12)

issue certificates of indebtedness to its stockholders or members and pay interest on funds left with the Bank, and accept grants or interest free temporary use of funds made available to it;

(13)

participate with one or more other financial institutions, agencies, instrumentalities, or foundations in loans or guarantees under this chapter on terms as may be agreed upon;

(14)

accept guarantees from other agencies for which loans made by the Bank may be eligible;

(15)

establish one or more branch offices and one or more advisory councils in connection with any such branch offices, as may from time to time be authorized by the Board of Directors;

(16)

buy and sell obligations of, or insured by, the United States or any agency or instrumentalities thereof, or securities backed by the full faith and credit of any such agency or instrumentality and, after the final Government Equity Redemption Date, make such other investments as may be authorized by the Board of Directors;

(17)

approve the salary scale of officers and employees of the Bank, in accordance with regulations and standards adopted by the Board of Directors, without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5 relating to classification and General Schedule pay rates, but, except as otherwise provided in this chapter, the General Schedule pay rates shall be applicable until all class A stock held by the Secretary of the Treasury has been retired; and

(18)

have such other incidental powers as may be necessary or expedient to carry out its duties under this chapter.

In determining whether a public offering is taking place for the purpose of the Securities Act of 1933 [15 U.S.C. 77a et seq.], there shall be excluded from consideration all class B and class C stock purchases which took place prior to August 13, 1981.

Source credit: (Pub. L. 95–351, title I, § 102, Aug. 20, 1978, 92 Stat. 500; Pub. L. 97–35, title III, § 394(d)(1), Aug. 13, 1981, 95 Stat. 436.)

history & why it existsrecord from the source credit
  • 1978Enacted · Pub. L. 95-351 · 92 Stat. 500
  • 1981Amended · Pub. L. 97-35 · 95 Stat. 436

A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-351 on 1978-08-20.

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