12 U.S.C. § 4401 — Findings and purpose
submitted 35 years ago by Pub. L. 102-242 to r/title-12-BANKS-AND-BANKING · 109 words · no verdicts yet
This section states Congress’s findings about financial institutions’ transactions and netting. It explains why netting is important and why it must remain legally binding when a participating institution closes.
The Congress finds that— (1) many financial institutions engage daily in thousands of transactions with other financial institutions directly and through clearing organizations; (2) the efficient processing of such transactions is essential to a smoothly functioning economy; (3) such transactions can be processed most efficiently if, consistent with applicable contractual terms, obligations among financial institutions are netted; (4) such netting procedures would reduce the systemic risk within the banking system and financial markets; and (5) the effectiveness of such netting procedures can be assured only if they are recognized as valid and legally binding in the event of the closing of a financial institution* participating in the netting procedures.
The Congress finds that—
many financial institutions engage daily in thousands of transactions with other financial institutions directly and through clearing organizations;
the efficient processing of such transactions is essential to a smoothly functioning economy;
such transactions can be processed most efficiently if, consistent with applicable contractual terms, obligations among financial institutions are netted;
such netting procedures would reduce the systemic risk within the banking system and financial markets; and
the effectiveness of such netting procedures can be assured only if they are recognized as valid and legally binding in the event of the closing of a financial institution* participating in the netting procedures.
Source credit: (Pub. L. 102–242, title IV, § 401, Dec. 19, 1991, 105 Stat. 2371.)
- 1991Enacted · Pub. L. 102-242 · 105 Stat. 2371
A history note hasn’t been published yet. The record shows enactment by Pub. L. 102-242 on 1991-12-19.
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