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12 U.S.C. § 339aResolution of clearing banks

submitted 113 years ago by Pub. L. 106-554 to r/title-12-BANKS-AND-BANKING · 235 words · no verdicts yet

in plain englishAI-generated · not legal advice

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.

(a) Conservatorship or receivership. (1) Appointment: The Federal Reserve Board may appoint a conservator or receiver to take over an uninsured state member bank if that bank operates, or operates as, a multilateral clearing organization under section 4422 of this title. The Board can do this the same way the Comptroller of the Currency appoints a conservator or receiver for a national bank. (2) Powers: That conservator or receiver has the same powers, functions, and duties as a conservator or receiver for a national bank, and is subject to the same limitations. (b) Board authority: The Board has the same authority over this conservator or receiver, and over the bank itself, that the Comptroller of the Currency has over a conservator or receiver for a national bank and over that national bank. (c) Bankruptcy proceedings: If the bank operates, or operates as, a multilateral clearing organization, the Board may direct the conservator or receiver to file a bankruptcy petition under title 11. If that happens, title 11 governs the bank's case instead of other federal or state insolvency law.
the actual law source: uscode.house.gov ↗public domain
(a) Conservatorship or receivership
(1) Appointment

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.

(2) Powers

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.

(b) Board authority

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.

(c) Bankruptcy proceedings

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.)

history & why it existsrecord from the source credit
  • 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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