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12 U.S.C. § 2093 — Organizations; articles; charters; powers of the Farm Credit Administration

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

12 U.S.C. § 2093 — Organizations; articles; charters; powers of the Farm Credit Administration

**(a) Charter** Each Federal land bank association shall continue as a federally chartered instrumentality of the United States. **(b) Organization** (1) **In general** — A Federal land bank association may be organized by any group of 10 or more persons desiring to borrow money from a Farm Credit Bank under [section 2015(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section2015/a&num=0&edition=prelim), including persons to whom the Farm Credit Bank has made a loan directly or through an agent and has taken as security real estate located in the territory proposed to be served by the association. (2) **Articles of association** (A) *Description of territory* — The articles of association shall describe the territory within which the association proposes to carry on its operations. (B) *Submission to FCB* — Proposed articles shall be forwarded to the Farm Credit Bank for the district, accompanied by an agreement to subscribe on behalf of the association for stock in accordance with the bylaws of the Farm Credit Bank. (C) *Stock purchase* — Association stock may be paid for by surrendering for cancellation stock in the bank held by a borrower and the issuance of an equivalent amount of stock to such borrower in the association. (D) *Statement* — The articles shall be accompanied by a statement signed by each of the members of the proposed association establishing— (i) the individual’s eligibility and request for a Farm Credit Bank loan; (ii) that the real estate with respect to which the individual desires the loan for is not being served by another Federal land bank association; and (iii) that the individual is or will become a stockholder in the proposed association. (E) *Submission to FCA* — A co

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Stable record: federal_law:legal_authorities:record_usc_5c83107e78d5a492caa2a466
Source file: Laws/federal/codes/united-states-code/title-12/section-2093-organizations-articles-charters-powers-of-the-farm-credit-administration--5f5bb08464.md
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Source location: Title 12, Chapter 23, § 2093; chapter-023-farm-credit-system.md

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**(a) Charter** Each Federal land bank association shall continue as a federally chartered instrumentality of the United States. **(b) Organization** (1) **In general** — A Federal land bank association may be organized by any group of 10 or more persons desiring to borrow money from a Farm Credit Bank under [section 2015(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section2015/a&num=0&edition=prelim), including persons to whom the Farm Credit Bank has made a loan directly or through an agent and has taken as security real estate located in the territory proposed to be served by the association. (2) **Articles of association** (A) *Description of territory* — The articles of association shall describe the territory within which the association proposes to carry on its operations. (B) *Submission to FCB* — Proposed articles shall be forwarded to the Farm Credit Bank for the district, accompanied by an agreement to subscribe on behalf of the association for stock in accordance with the bylaws of the Farm Credit Bank. (C) *Stock purchase* — Association stock may be paid for by surrendering for cancellation stock in the bank held by a borrower and the issuance of an equivalent amount of stock to such borrower in the association. (D) *Statement* — The articles shall be accompanied by a statement signed by each of the members of the proposed association establishing— (i) the individual’s eligibility and request for a Farm Credit Bank loan; (ii) that the real estate with respect to which the individual desires the loan for is not being served by another Federal land bank association; and (iii) that the individual is or will become a stockholder in the proposed association. (E) *Submission to FCA* — A copy of the articles of association shall be forwarded to the Farm Credit Administration with the recommendations of the bank concerning the need for the proposed association in order to adequately serve the credit needs of eligible persons in the proposed territory and a statement as to whether or not the territory includes any territory described in the charter of another Federal land bank association. (3) **Denials of charters** — The Farm Credit Administration for good cause shown may deny the charter applied for. (4) **Approval of articles** — On the approval of the proposed articles by the Farm Credit Administration and the issuance of such charter, the association shall become as of such date a federally chartered body corporate and an instrumentality of the United States. **(c) FCA authority on organization** The Farm Credit Administration shall have power, in the terms of the charter, under rules and regulations prescribed by the Farm Credit Administration— (1) to provide for the organization of the association; (2) to provide for the initial amount of stock of the association; (3) to provide for the territory within which the association may carry on its operations; and (4) to approve amendments to the charter of such association.

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

12 U.S.C. § 2002 — Conservatorship; liquidation; receivership

**(a) Voluntary liquidation** The Corporation may voluntarily liquidate only with the consent of, and in accordance with a plan of liquidation approved by, the Farm Credit Administration Board. **(b) Involuntary liquidation** (1) **In general** — The Farm Credit Administration Board may appoint a conservator or receiver for the Corporation under the circumstances specified in [section 2183(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section2183/b&num=0&edition=prelim). (2) **Application** — In applying [section 2183(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section2183/b&num=0&edition=prelim) to the Corporation under paragraph (1)— (A) the Corporation shall also be considered insolvent if the Corporation is unable to pay its debts as they fall due in the ordinary course of business; (B) a conservator may also be appointed for the Corporation if the authority of the Corporation to purchase qualified loans or issue or guarantee loan-backed securities is suspended; and (C) a receiver may also be appointed for the Corporation if— (i) (I) the authority of the Corporation to purchase qualified loans or issue or guarantee loan-backed securities is suspended; or (II) the Corporation is classified under [section 2279bb–4 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section2279bb-4&num=0&edition=prelim) as within level III or IV and the alternative actions available under part B are not satisfactory; and (ii) the Farm Credit Administration determines that the appointment of a conservator would not be appropriate. (3) **No effect on supervisory actions** — The grounds for appointment of a conservator for the Corporation

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

12 U.S.C. § 1134 to 1134e — Repealed. Pub. L. 92–181, title V, § 5.26(a), Dec. 10, 1971, 85 Stat. 624

### Statutory Notes Section 1131d, acts June 16, 1933, ch. 98, title II, § 20, 48 Stat. 259; July 26, 1956, ch. 741, title I, § 105(f), 70 Stat. 665, authorized organization of production credit associations and provided for charters, bylaws, powers of governor, and other powers of such associations. See [section 2093 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section2093&num=0&edition=prelim). Section 1131e, acts June 16, 1933, ch. 98, title II, § 21, 48 Stat. 260; Aug. 11, 1955, ch. 785, title II, § 201, 69 Stat. 663; July 26, 1956, ch. 741, title I, § 105(g), 70 Stat. 665, provided for capital stock of production credit associations and its value, classes, voting rights, limitations on transfer, exchange, and dividends. See [section 2094 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section2094&num=0&edition=prelim). Section 1131e–1, acts Aug. 6, 1953, ch. 335, § 16, 67 Stat. 399; July 26, 1956, ch. 741, title I, § 107(b), 70 Stat. 666; Oct. 17, 1968, Pub. L. 90–582, § 2(b), 82 Stat. 1145, provided for issuance of class C stock for production credit associations and conditions, privileges, restrictions, limitations, and qualifications placed on such stock. Section 1131f, acts June 16, 1933, ch. 98, title II, § 22, 48 Stat. 261; Aug. 11, 1955, ch. 785, title II, § 202, 69 Stat. 663; July 26, 1956, ch. 741, title I, § 105(h), 70 Stat. 665; Oct. 3, 1961, Pub. L. 87–343, § 2(2), 75 Stat. 758; Oct. 4, 1965, Pub. L. 89–237, § 2(a), 78 Stat. 924, covered application of earnings of production credit associations and restoration of capital, impairment, surplus account, distribution of earnings, and allocation on a patronage basis. See [section 2095 of this title](https://uscode.house.gov/view.x

Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 1134 to 1134e

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

12 U.S.C. § 2093 — General corporate powers

Page 1307 TITLE 12—BANKS AND BANKING § 2093 of such number, for such terms, in such manner, and with such qualifications as may be required by its bylaws except that, at least one member shall be elected by the other directors, which member shall not be a director, officer, em- ployee, stockholder, or agent of a System insti- tution. (Pub. L. 92–181, title II, § 2.11, as added Pub. L. 100–233, title IV, § 401, Jan. 6, 1988, 101 Stat. 1635; amended Pub. L. 102–237, title V, § 502(d), Dec. 13, 1991, 105 Stat. 1868.) Editorial Notes PRIOR PROVISIONS A prior section 2092, Pub. L. 92–181, title II, § 2.11, Dec. 10, 1971, 85 Stat. 598, related to board of directors, prior to the general amendment of this subchapter by Pub. L. 100–233, § 401. AMENDMENTS 1991—Pub. L. 102–237 substituted ‘‘stockholder, or agent’’ for ‘‘or stockholder’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 100–233, title IV, § 401, Jan. 6, 1988, 101 Stat. 1622, provided that this section is effective 6 months after Jan. 6, 1988. § 2093. General corporate powers Each Federal land bank association shall be a body corporate and, subject to supervision of the Farm Credit Bank for the district and the regu- lation of the Farm Credit Administration, shall have the power to— (1) adopt and use a corporate seal; (2) have succession until dissolved under the provisions of this chapter or other Act of Con- gress; (3) make contracts; (4) sue and be sued; (5) acquire, hold, dispose, and otherwise ex- ercise all of the usual incidents of ownership of real estate and personal property necessary or convenient to the business of the associa- tion; (6) operate under the direction of the board of directors of the association in accordance with this chapter; (7) provide

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