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12 U.S.C. § 4632 — Judicial review of Director action
Federal law — U.S. Code and appendices · legal_authorities
**(a) Jurisdiction**
(1) **Filing of petition** — A regulated entity that is not classified as critically undercapitalized and is the subject of a classification under [section 4614 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section4614&num=0&edition=prelim) or a discretionary supervisory action taken under this subchapter by the Director (other than action to appoint a conservator under section 4616 or 4617 of this title or action under section 4619 11 See References in Text note below. of this title) may obtain review of the classification or action by filing, within 10 days after receiving written notice of the Director’s action, a written petition requesting that the classification or action of the Director be modified, terminated, or set aside.
(2) **Place for filing** — A petition filed pursuant to this subsection shall be filed in the United States Court of Appeals for the District of Columbia Circuit.
**(b) Scope of review** The Court may modify, terminate, or set aside an action taken by the Director and reviewed by the Court pursuant to this section only if the court finds, on the record on which the Director acted, that the action of the Director was arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with applicable laws.
**(c) Unavailability of stay** The commencement of proceedings for judicial review pursuant to this section shall not operate as a stay of any action taken by the Director. Pending judicial review of the action, the court shall not have jurisdiction to stay, enjoin, or otherwise delay any supervisory action taken by the Director with respect to a regulated entity that is classified as significantly or critically undercapitalized or any action of the Director that results
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Stable record: federal_law:legal_authorities:record_usc_4082aaddfc6016f68786c6d0
Source file: Laws/federal/codes/united-states-code/title-12/section-4632-judicial-review-of-director-action--1cec6064c3.md
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Source location: Title 12, Chapter 46, § 4632; chapter-046-government-sponsored-enterprises.md
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**(a) Jurisdiction**
(1) **Filing of petition** — A regulated entity that is not classified as critically undercapitalized and is the subject of a classification under [section 4614 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section4614&num=0&edition=prelim) or a discretionary supervisory action taken under this subchapter by the Director (other than action to appoint a conservator under section 4616 or 4617 of this title or action under section 4619 11 See References in Text note below. of this title) may obtain review of the classification or action by filing, within 10 days after receiving written notice of the Director’s action, a written petition requesting that the classification or action of the Director be modified, terminated, or set aside.
(2) **Place for filing** — A petition filed pursuant to this subsection shall be filed in the United States Court of Appeals for the District of Columbia Circuit.
**(b) Scope of review** The Court may modify, terminate, or set aside an action taken by the Director and reviewed by the Court pursuant to this section only if the court finds, on the record on which the Director acted, that the action of the Director was arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with applicable laws.
**(c) Unavailability of stay** The commencement of proceedings for judicial review pursuant to this section shall not operate as a stay of any action taken by the Director. Pending judicial review of the action, the court shall not have jurisdiction to stay, enjoin, or otherwise delay any supervisory action taken by the Director with respect to a regulated entity that is classified as significantly or critically undercapitalized or any action of the Director that results in the classification of a regulated entity as significantly or critically undercapitalized.
**(d) Limitation on jurisdiction** Except as provided in this section, no court shall have jurisdiction to affect, by injunction or otherwise, the issuance or effectiveness of any classification or action of the Director under this subchapter (other than appointment of a conservator under section 4616 or 4617 of this title or action under section 4619 1 of this title) or to review, modify, suspend, terminate, or set aside such classification or action.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general**
(1) **Enterprises** — The Director shall, by regulation, establish risk-based capital requirements for the enterprises to ensure that the enterprises operate in a safe and sound manner, maintaining sufficient capital and reserves to support the risks that arise in the operations and management of the enterprises.
(2) **Federal Home Loan Banks** — The Director shall establish risk-based capital standards under [section 1426 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1426&num=0&edition=prelim) for the Federal Home Loan Banks.
**(b) No limitation** Nothing in this section shall limit the authority of the Director to require other reports or undertakings, or take other action, in furtherance of the responsibilities of the Director under this Act.
Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 4614
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Issuance for unsafe or unsound practices and violations**
(1) **Authority of Director** — If, in the opinion of the Director, a regulated entity or any entity-affiliated party is engaging or has engaged, or the Director has reasonable cause to believe that the regulated entity or any entity-affiliated party is about to engage, in an unsafe or unsound practice in conducting the business of the regulated entity or the Office of Finance, or is violating or has violated, or the Director has reasonable cause to believe is about to violate, a law, rule, regulation, or order, or any condition imposed in writing by the Director in connection with the granting of any application or other request by the regulated entity or the Office of Finance or any written agreement entered into with the Director, the Director may issue and serve upon the regulated entity or entity-affiliated party a notice of charges in respect thereof.
(2) **Limitation** — The Director may not, pursuant to this section, enforce compliance with any housing goal established under subpart 2 of part B of subchapter I of this chapter, with section 4566 or 4567 of this title, with subsection (m) or (n) of [section 1723a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1723a&num=0&edition=prelim), with subsection (e) or (f) of [section 1456 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1456&num=0&edition=prelim), or with paragraph (5) of [section 1430(j) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1430/j&num=0&edition=prelim).
**(b) Issuance for unsatisfactory rating** If a regulated entity receives, in its most recent report of examination, a less-than-satisfactory rating f
Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 4634
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Federal law — U.S. Code and appendices · legal_authorities
Page 1716
TITLE 12—BANKS AND BANKING
§ 4632
capitalized, and critically undercapitalized enterprises,
respectively.
Subsec. (c)(1). Pub. L. 110–289, § 1151(2)(A), (3)(C), sub-
stituted ‘‘practice’’ for ‘‘conduct’’ in two places and in-
serted ‘‘, unless the party served with a notice of
charges shall appear at the hearing personally or by a
duly authorized representative, the party shall be
deemed to have consented to the issuance of the cease
and desist order’’ before period at end.
Subsec. (c)(2). Pub. L. 110–289, § 1151(2)(B), (3)(A), (C),
inserted ‘‘or entity-affiliated party’’ before ‘‘consents’’
and substituted ‘‘director, or entity-affiliated party’’
for ‘‘or director’’, ‘‘the regulated entity’’ for ‘‘the en-
terprise’’ in two places, and ‘‘practice’’ for ‘‘conduct’’
wherever appearing.
Subsec. (d). Pub. L. 110–289, § 1151(3)(B), (C), (4)(A), in
introductory provisions, substituted ‘‘a regulated enti-
ty’’ for ‘‘an enterprise’’, ‘‘director, or entity-affiliated
party’’ for ‘‘or director’’, and ‘‘practice’’ for ‘‘conduct’’,
and inserted ‘‘to require a regulated entity or entity-af-
filiated party’’ after ‘‘includes the authority’’.
Subsec. (d)(1). Pub. L. 110–289, § 1151(4)(B)(i), (ii), in in-
troductory provisions, struck out ‘‘to require an execu-
tive officer or a director to’’ before ‘‘make restitution’’
and substituted ‘‘loss, if’’ for ‘‘loss to the enterprise to
the extent that such person’’.
Subsec.
(d)(1)(A).
Pub.
L.
110–289,
§ 1151(3)(C),
(4)(B)(iii), inserted ‘‘such entity or party or finance fa-
cility’’ before ‘‘was unjustly’’ and substituted ‘‘prac-
tice’’ for ‘‘conduct’’.
Subsec. (d)(1)(B). Pub. L. 110–289, § 1151(4)(B)(iv), added
subpar. (B) and struck out former subpar. (B) which
read as follows: ‘‘engaged in conduct or
Source: Supplied 2024 U.S. Code historical extraction · 12 U.S.C. § 4632
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