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18 U.S.C. § 433Exemptions with respect to certain contracts

submitted 78 years ago by ch. 645 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 190 words · no verdicts yet

in plain englishAI-generated · not legal advice

Sections 431 and 432 don't apply to every contract. Everyday business contracts made for a corporation's own benefit are exempt, as are ready-to-deliver sales paid for right away. Certain named farm-credit and crop-insurance laws are also exempt. Any exemption used under this section must be recorded publicly.

This section carves out exceptions to sections 431 and 432 of this title (which restrict certain government contracting). Three groups of contracts don't have to follow those two sections. First, contracts made or accepted by an incorporated company for its own general benefit are exempt. Second, the exemption covers buying or selling "bills of exchange" or other property when the property is ready for delivery and payment happens right when the deal is made. Third, sections 431 and 432 do not apply to advances, loans, discounts, purchase or repurchase agreements, extensions, or renewals of these, or to releasing or replacing security for them, when they are made under a specific list of laws: the Reconstruction Finance Corporation Act, the Agricultural Adjustment Act, the Federal Farm Loan Act, the Emergency Farm Mortgage Act of 1933, the Farm Credit Act of 1933, the Home Owners Loan Act of 1933, the Farmers' Home Administration Act of 1946, and the Bankhead-Jones Farm Tenant Act. Crop insurance agreements, and other contracts the Secretary of Agriculture may make with farmers, are exempt too. Finally, whenever someone uses one of these exemptions, that fact must be made "a matter of public record" - it cannot be kept secret.
the actual law source: uscode.house.gov ↗public domain

Sections 431 and 432 of this title shall not extend to any contract or agreement made or entered into, or accepted by any incorporated company for the general benefit of such corporation; nor to the purchase or sale of bills of exchange or other property where the same are ready for delivery and payment therefor is made at the time of making or entering into the contract or agreement. Nor shall the provisions of such sections apply to advances, loans, discounts, purchase or repurchase agreements, extensions, or renewals thereof, or acceptances, releases or substitutions of security therefor or other contracts or agreements made or entered into under the Reconstruction Finance Corporation Act, the Agricultural Adjustment Act, the Federal Farm Loan Act, the Emergency Farm Mortgage Act of 1933, the Farm Credit Act of 1933, or the Home Owners Loan Act of 1933, the Farmers’ Home Administration Act of 1946, the Bankhead-Jones Farm Tenant Act, or to crop insurance agreements or contracts or agreements of a kind which the Secretary of Agriculture may enter into with farmers.

Any exemption permitted by this section shall be made a matter of public record.

Source credit: (June 25, 1948, ch. 645, 62 Stat. 703; Pub. L. 87–353, § 3(o), Oct. 4, 1961, 75 Stat. 774.)

history & why it existsrecord from the source credit
  • 1948Enacted · Act of June 25, 1948, ch. 645 · 62 Stat. 703
  • 1961Amended · Pub. L. 87-353 · 75 Stat. 774

A history note hasn’t been published yet. The record shows enactment by ch. 645 on 1948-06-25.

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