12 U.S.C. § 339a — Resolution of clearing banks
submitted 113 years ago by Pub. L. 106-554 to r/title-12-BANKS-AND-BANKING · 235 words · no verdicts yet
The Federal Reserve Board can appoint a conservator or receiver for an uninsured bank that operates a clearing organization. That conservator or receiver has the same powers as one for a national bank. The Board has the same authority over that conservator and bank as the Comptroller of the Currency has over a national bank's. The Board can also send the bank into bankruptcy under title 11 instead of other insolvency law.
The Board may appoint a conservator or receiver to take possession and control of any uninsured State* member bank which operates, or operates as, a multilateral clearing organization pursuant to section 4422 1 of this title to the same extent and in the same manner as the Comptroller of the Currency may appoint a conservator or receiver for a national bank.
The conservator or receiver for an uninsured State member bank referred to in paragraph (1) shall exercise the same powers, functions, and duties, subject to the same limitations, as a conservator or receiver for a national bank.
The Board shall have the same authority with respect to any conservator or receiver appointed under subsection (a), and the uninsured State member bank for which the conservator or receiver has been appointed, as the Comptroller of the Currency has with respect to a conservator or receiver for a national bank and the national bank for which the conservator or receiver has been appointed.
The Board (in the case of an uninsured State member bank which operates, or operates as, such a multilateral clearing organization) may direct a conservator or receiver appointed for the bank to file a petition pursuant to title 11, in which case, title 11 shall apply to the bank in lieu of otherwise applicable Federal or State insolvency law.
Source credit: (Dec. 13, 1913, ch. 6, § 9B, as added Pub. L. 106–554, § 1(a)(5) [title I, § 112(b)], Dec. 21, 2000, 114 Stat. 2763, 2763A–392.)
- 1913Enacted · Pub. L. 106-554 · 114 Stat. 2763, 2763
A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-554 on 1913-12-13.
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