12 U.S.C. § 5389 — Rulemaking; non-conflicting law
submitted 16 years ago by Pub. L. 111-203 to r/title-12-BANKS-AND-BANKING · 127 words · no verdicts yet
The Corporation may issue rules needed to implement this subchapter, including rules about rights and priorities in a covered financial company and conflicts among receiverships. It should harmonize those rules with otherwise applicable insolvency laws when possible.
After consulting the Council, the Corporation must prescribe rules or regulations it considers necessary or appropriate to implement this subchapter. They may address the rights, interests, and priorities of creditors, counterparties, security-entitlement holders, and other persons concerning a covered financial company* or its assets or property. They must also address possible conflicts of interest among receiverships under this subchapter or the Federal Deposit Insurance Act. When possible, the Corporation must seek to harmonize these rules with insolvency laws that would otherwise apply to the covered financial company*.
The Corporation shall, in consultation with the Council, prescribe such rules or regulations as the Corporation considers necessary or appropriate to implement this subchapter, including rules and regulations with respect to the rights, interests, and priorities of creditors, counterparties, security entitlement holders, or other persons with respect to any covered financial company* or any assets or other property of or held by such covered financial company*, and address the potential for conflicts of interest between or among individual receiverships established under this subchapter or under the Federal Deposit Insurance Act [12 U.S.C. 1811 et seq.]. To the extent possible, the Corporation shall seek to harmonize applicable rules and regulations promulgated under this section with the insolvency laws that would otherwise apply to a covered financial company*.
Source credit: (Pub. L. 111–203, title II, § 209, July 21, 2010, 124 Stat. 1460.)
- 2010Enacted · Pub. L. 111-203 · 124 Stat. 1460
A history note hasn’t been published yet. The record shows enactment by Pub. L. 111-203 on 2010-07-21.
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