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12 U.S.C. § 4636a — Judicial review

Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 4636a — Judicial review

**(a) Commencement** Any party to a proceeding under section 4631 11 So in original. Probably should be followed by a comma. 4513b, 4636, or 4636a of this title may obtain review of any final order issued under this chapter by filing in the United States Court of Appeals for the District of Columbia Circuit, within 30 days after the date of service of such order, a written petition praying that the order of the Director be modified, terminated, or set aside. The clerk of the court shall transmit a copy of the petition to the Director. **(b) Filing of record** Upon receiving a copy of a petition, the Director shall file in the court the record in the proceeding, as provided in [section 2112 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2112&num=0&edition=prelim). **(c) Jurisdiction** Upon the filing of a petition, such court shall have jurisdiction, which upon the filing of the record by the Director shall (except as provided in the last sentence of [section 4633(b)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section4633/b/2&num=0&edition=prelim)) be exclusive, to affirm, modify, terminate, or set aside, in whole or in part, the order of the Director. **(d) Review** Review of such proceedings shall be governed by chapter 7 of title 5. **(e) Order to pay penalty** Such court shall have the authority in any such review to order payment of any penalty imposed by the Director under this subchapter. **(f) No automatic stay** The commencement of proceedings for judicial review under this section shall not, unless specifically ordered by the court, operate as a stay of any order issued by the Director.

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Source location: Title 12, Chapter 46, § 4636a; chapter-046-government-sponsored-enterprises.md

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 4501 — Notice of service

Any service required or authorized to be made by the Director under this subchapter may be made by registered mail, or in such other manner reasonably calculated to give actual notice as the Director may by regulation or otherwise provide.

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 2112 — Record on review and enforcement of agency orders

**(a)** The rules prescribed under the authority of [section 2072 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2072&num=0&edition=prelim) may provide for the time and manner of filing and the contents of the record in all proceedings instituted in the courts of appeals to enjoin, set aside, suspend, modify, or otherwise review or enforce orders of administrative agencies, boards, commissions, and officers. Such rules may authorize the agency, board, commission, or officer to file in the court a certified list of the materials comprising the record and retain and hold for the court all such materials and transmit the same or any part thereof to the court, when and as required by it, at any time prior to the final determination of the proceeding, and such filing of such certified list of the materials comprising the record and such subsequent transmittal of any such materials when and as required shall be deemed full compliance with any provision of law requiring the filing of the record in the court. The record in such proceedings shall be certified and filed in or held for and transmitted to the court of appeals by the agency, board, commission, or officer concerned within the time and in the manner prescribed by such rules. If proceedings are instituted in two or more courts of appeals with respect to the same order, the following shall apply: (1) If within ten days after issuance of the order the agency, board, commission, or officer concerned receives, from the persons instituting the proceedings, the petition for review with respect to proceedings in at least two courts of appeals, the agency, board, commission, or officer shall proceed in accordance with paragraph (3) of this subsection. If within ten days after the is

Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 2112

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 1452 — Federal Home Loan Mortgage Corporation

**(a) Creation; Board of Directors; policies; principal office; membership; term; vacancies** (1) There is hereby created the Federal Home Loan Mortgage Corporation, which shall be a body corporate under the direction of a Board of Directors. Within the limitations of law and regulation, the Board of Directors shall determine the general policies that govern the operations of the Corporation. The principal office of the Corporation shall be in the District of Columbia or at any other place determined by the Corporation. (2) (A) The Board of Directors of the Corporation shall consist of 13 persons, or such other number as the Director determines appropriate, who shall be elected annually by the voting common stockholders. Except to the extent action under [section 4636a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section4636a&num=0&edition=prelim) temporarily results in a lesser number, the Board of Directors shall at all times have as members at least 1 person from the homebuilding industry, at least 1 person from the mortgage lending industry, at least 1 person from the real estate industry, and at least 1 person from an organization that has represented consumer or community interests for not less than 2 years or 1 person who has demonstrated a career commitment to the provision of housing for low-income households. (B) Each member of the Board of Directors shall be elected for a term ending on the date of the next annual meeting of the voting common stockholders. (C) Any seat on the Board of Directors that becomes vacant after the annual election of the directors shall be filled by the Board of Directors, but only for the unexpired portion of the term. (D) Any member of the Board of Directors who is a full-time of

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 1747f — Management

**(a) Government National Mortgage Association** All the powers and duties of the Government National Mortgage Association shall be vested in the Secretary of Housing and Urban Development and the Association shall be administered under the direction of the Secretary. Within the limitations of law, the Secretary shall determine the general policies which shall govern the operations of the Association, and shall have power to adopt, amend, and repeal bylaws governing the performance of the powers and duties granted to or imposed upon it by law. There is hereby established in the Department of Housing and Urban Development the position of President, Government National Mortgage Association, who shall be appointed by the President, by and with the advice and consent of the Senate. The Secretary shall select and effect the appointment of qualified persons to fill the offices of vice president, and such other offices as may be provided for in the bylaws. Persons appointed under the preceding sentence shall perform such executive functions, powers, and duties as may be prescribed by the bylaws or by the Secretary, and such persons shall be executive officers of the Association and shall discharge all such executive functions, powers, and duties. **(b) Federal National Mortgage Association** The Federal National Mortgage Association shall have a board of directors, which shall consist of 13 persons, or such other number that the Director determines appropriate, who shall be elected annually by the common stockholders. Except to the extent that action under [section 4636a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section4636a&num=0&edition=prelim) temporarily results in a lesser number, the board shall at all times have as members at l

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 4619 to 4621 — Supervisory actions applicable to significantly undercapitalized regulated entities

**(a) Mandatory supervisory actions** (1) **Capital restoration plan** — A regulated entity that is classified as significantly undercapitalized shall, within the time period under section 4622(b) and (d) of this title, submit to the Director a capital restoration plan that complies with [section 4622 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section4622&num=0&edition=prelim) and carry out the plan after approval. (2) **Restrictions on capital distributions** (A) *Prior approval* — A regulated entity that is classified as significantly undercapitalized may not make any capital distribution that would result in the regulated entity being reclassified as critically undercapitalized. A regulated entity that is classified as significantly undercapitalized may not make any other capital distribution unless the Director approves the distribution. (B) *Standard for approval* — The Director may approve a capital distribution by a regulated entity classified as significantly undercapitalized only if the Director determines that the distribution (i) will enhance the ability of the regulated entity to meet the risk-based capital level and the minimum capital level for the regulated entity promptly, (ii) will contribute to the long-term financial safety and soundness of the regulated entity, or (iii) is otherwise in the public interest. **(b) Specific actions** In addition to any other actions taken by the Director (including actions under subsection (a)), the Director shall carry out this section by taking, at any time, 1 or more of the following actions with respect to a regulated entity that is classified as significantly undercapitalized: (1) **Limitation on increase in obligations** — Limit any increase in, or order the reduc

Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 4619 to 4621

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 4639 — Criminal penalty

Whoever, being subject to an order in effect under [section 4636a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section4636a&num=0&edition=prelim), without the prior written approval of the Director, knowingly participates, directly or indirectly, in any manner (including by engaging in an activity specifically prohibited in such an order) in the conduct of the affairs of any regulated entity shall, notwithstanding [section 3571 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3571&num=0&edition=prelim), be fined not more than $1,000,000, imprisoned for not more than 5 years, or both.

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 4636a — Removal and prohibition authority

Page 1720 TITLE 12—BANKS AND BANKING § 4636a serted ‘‘or entity-affiliated party’’ before ‘‘has been given’’. Subsec. (c)(2). Pub. L. 110–289, § 1155(3)(A), substituted ‘‘regulated entity’’ for ‘‘enterprise’’. Subsec. (d). Pub. L. 110–289, § 1155(4)(G), struck out ‘‘and section 4634 of this title’’ after ‘‘subsection (c)(1)’’. Pub. L. 110–289, § 1155(4)(F), which directed the strik- ing out of ‘‘, or may, under the direction and control of the Attorney General of the United States, bring such an action’’, was executed by striking out ‘‘, or may, under the direction and control of the Attorney Gen- eral, bring such an action’’ after ‘‘may be available’’, to reflect the probable intent of Congress. Pub. L. 110–289, § 1155(4)(A)–(E), substituted ‘‘director, or entity-affiliated party’’ for ‘‘or director’’ in two places, ‘‘a regulated entity’’ for ‘‘an enterprise’’, and ‘‘the regulated entity’’ for ‘‘the enterprise’’, inserted ‘‘, or the United States district court within the juris- diction of which the headquarters of the regulated enti- ty is located,’’ after ‘‘District of Columbia’’, and struck out ‘‘request the Attorney General of the United States to’’ after ‘‘Director may’’. Subsec. (g). Pub. L. 110–289, § 1155(5), substituted ‘‘A regulated entity’’ for ‘‘An enterprise’’. § 4636a. Removal and prohibition authority (a) Authority to issue order (1) In general The Director may serve upon a party de- scribed in paragraph (2), or any officer, direc- tor, or management of the Office of Finance a written notice of the intention of the Director to suspend or remove such party from office, or prohibit any further participation by such party, in any manner, in the conduct of the af- fairs of the regulated entity. (2) Applicability A party describe

Source: Supplied 2024 U.S. Code historical extraction · 12 U.S.C. § 4636a

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