12 U.S.C. § 371b–2 — Interbank liabilities
submitted 113 years ago by Pub. L. 102-242 to r/title-12-BANKS-AND-BANKING · 378 words · no verdicts yet
This law limits how much risk one bank can take on from another bank's exposure. The goal is to stop a big bank's failure from dragging down insured banks that lent to it. The Board sets exposure limits and defines what counts as 'exposure,' with some exemptions allowed.
(a) The purpose of this section is to limit the danger that a large depository institution's failure — whether or not it's federally insured — would pose to insured depository institutions that are exposed to it.
(b) The Board must issue rules or orders setting standards that limit how much risk an insured depository institution can take on from its "exposure" to any other depository institution.
(c) "Exposure" is defined as: (1) In general — an insured depository institution's exposure to another depository institution includes: (A) every extension of credit* to that other institution, no matter what it's called, including deposits at that institution, buying securities or assets from it under a repurchase agreement, and guarantees, acceptances, or letters of credit issued on its behalf; (B) buying or investing in securities that institution issued; (C) accepting securities that institution issued as collateral for a loan to anyone; and (D) any other similar transaction the Board decides by regulation counts as exposure. (2) The Board can, at its discretion, exempt transactions from this definition if doing so serves the public interest and fits this section's purpose. (3) A transaction between an insured institution and any person* counts as a transaction with another depository institution, to the extent the money from it is used for, or handed to, that other institution.
(d) "Insured depository institution" means the same thing it means under section 1813 of this title.
(e) The Board can issue whatever regulations and orders — including definitions — are needed to run and carry out this section. The appropriate federal banking agency enforces those regulations under section 1818 of this title.
The purpose of this section is to limit the risks that the failure of a large depository institution (whether or not that institution is an insured depository institution) would pose to insured depository institutions.
The Board shall, by regulation or order, prescribe standards that have the effect of limiting the risks posed by an insured depository institution’s exposure to any other depository institution.
For purposes of subsection (b), an insured depository institution’s “exposure” to another depository institution means—
all extensions of credit* to the other depository institution, regardless of name or description, including—
all deposits at the other depository institution;
all purchases of securities or other assets from the other depository institution subject to an agreement to repurchase; and
all guarantees, acceptances, or letters of credit (including endorsements or standby letters of credit) on behalf of the other depository institution;
all purchases of or investments in securities issued by the other depository institution;
all securities issued by the other depository institution accepted as collateral for an extension of credit to any person*; and
all similar transactions that the Board by regulation determines to be exposure for purposes of this section.
The Board may, at its discretion, by regulation or order, exempt transactions from the definition of “exposure” if it finds the exemptions to be in the public interest and consistent with the purpose of this section.
For purposes of this section, any transaction by an insured depository institution with any person is a transaction with another depository institution to the extent that the proceeds of the transaction are used for the benefit of, or transferred to, that other depository institution.
For purposes of this section, the term “insured depository institution” has the same meaning as in section 1813 of this title.
The Board may issue such regulations and orders, including definitions consistent with this section, as may be necessary to administer and carry out the purpose of this section. The appropriate Federal banking agency shall enforce compliance with those regulations under section 1818 of this title.
Source credit: (Dec. 23, 1913, ch. 6, § 23, as added Pub. L. 102–242, title III, § 308(a), Dec. 19, 1991, 105 Stat. 2362.)
- 1913Enacted · Pub. L. 102-242 · 105 Stat. 2362
A history note hasn’t been published yet. The record shows enactment by Pub. L. 102-242 on 1913-12-23.
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