2021 US Code
Title 12 - Banks and Banking
Chapter 23 - Farm Credit System
Subchapter VIII - Agricultural Mortgage Secondary Market
Part B - Regulation of Financial Safety and Soundness of Federal Agricultural Mortgage Corporation
Sec. 2279bb-6 - Supervisory actions applicable to level III
| 12 U.S.C. § 2279bb-6 (2021) |
| §2279bb–6. Supervisory actions applicable to level III |
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(a) Mandatory supervisory actions
(1) Capital restoration plan
If the Corporation is classified as within level III, the Corporation shall, within the time period determined by the Director, submit to the Director a capital restoration plan and, after approval, carry out the plan. If the Corporation is classified as within level III, the Corporation— (i) may not make any payment of dividends that would result in the Corporation being reclassified as within level IV; and (ii) may make any other payment of dividends only if the Director approves the payment before the payment. If the Corporation is classified as within level III, the Director may approve a payment of dividends by the Corporation only if the Director determines that the payment (i) will enhance the ability of the Corporation to meet the risk-based capital level and the minimum capital level promptly, (ii) will contribute to the long-term safety and soundness of the Corporation, or (iii) is otherwise in the public interest. The Director shall immediately reclassify the Corporation as within level IV if— (A) the Corporation is classified as within level III; and (B)(i) the Corporation does not submit a capital restoration plan that is approved by the Director; or (ii) the Director determines that the Corporation has failed to make, in good faith, reasonable efforts necessary to comply with such a capital restoration plan and fulfill the schedule for the plan approved by the Director. In addition to any other actions taken by the Director (including actions under subsection (a)), the Director may, at any time, take any of the following actions if the Corporation is classified as within level III: (1) Limitation on increase in obligationsLimit any increase in, or order the reduction of, any obligations of the Corporation, including off-balance sheet obligations. Limit or prohibit the growth of the assets of the Corporation or require contraction of the assets of the Corporation. Prohibit the Corporation from making any payment of dividends. Require the Corporation to acquire new capital in any form and in any amount sufficient to provide for the reclassification of the Corporation as within level II. Require the Corporation to terminate, reduce, or modify any activity that the Director determines creates excessive risk to the Corporation. Appoint a conservator for the Corporation consistent with this chapter. This section shall take effect on January 1, 1992. |
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(Pub. L. 92–181, title VIII, §8.37, as added Pub. L. 102–237, title V, §503(b)(2), Dec. 13, 1991, 105 Stat. 1876.) |
| United States Code, 2018 Edition, Supplement 3, Title 12 - BANKS AND BANKING |
| Bills and Statutes |
| United States Code |
| Y 1.2/5: |
| Title 12 - BANKS AND BANKING CHAPTER 23 - FARM CREDIT SYSTEM SUBCHAPTER VIII - AGRICULTURAL MORTGAGE SECONDARY MARKET Part B - Regulation of Financial Safety and Soundness of Federal Agricultural Mortgage Corporation Sec. 2279bb-6 - Supervisory actions applicable to level III |
| section 2279bb-6 |
| 2021 |
| January 3, 2022 |
| No |
| standard |
| 105 Stat. 1876 |
| Public Law 92-181, Public Law 102-237 |
