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12 U.S.C. § 1831 — Separability of certain provisions of this chapter
Federal law — U.S. Code and appendices · legal_authorities
The provisions of this chapter limiting the insurance of the deposits of any depositor to a maximum less than the full amount shall be independent and separable from each and all of the provisions of this chapter.
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Source location: Title 12, Chapter 16, § 1831; chapter-016-federal-deposit-insurance-corporation.md
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The provisions of this chapter limiting the insurance of the deposits of any depositor to a maximum less than the full amount shall be independent and separable from each and all of the provisions of this chapter.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section, act Dec. 23, 1913, ch. 6, § 12B, as added June 16, 1933, ch. 89, § 8, 48 Stat. 168; amended June 16, 1934, ch. 546, § 1 (1)–(10), 48 Stat. 969, 970; June 28, 1935, ch. 335, 49 Stat. 435; Aug. 23, 1935, ch. 614, title I, § 101, 49 Stat. 684; Apr. 21, 1936, ch. 244, 49 Stat. 1237; May 25, 1938, ch. 276, 52 Stat. 442; June 16, 1938, ch. 489, 52 Stat. 767; June 20, 1939, ch. 214, § 2, 53 Stat. 842; Apr. 13, 1943, ch. 62, § 1, 57 Stat. 65; Aug. 5, 1947, ch. 492, §§ 2, 4, 61 Stat. 773; June 25, 1948, ch. 645, § 21, 62 Stat. 862; Oct. 15, 1949, ch. 695, § 4, 63 Stat. 880; Aug. 17, 1950, ch. 729, §§ 5–7, 64 Stat. 457, relating to the Federal Deposit Insurance Corporation, was withdrawn from the Federal Reserve Act and made a separate act to be known as the Federal Deposit Insurance Act, by section 1 of act Sept. 21, 1950, ch. 967, 64 Stat. 873. The Federal Deposit Insurance Act is classified to chapter 16 (§ 1811 et seq.) of this title.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment of Corporation** There is hereby established a Federal Deposit Insurance Corporation (hereinafter referred to as the “Corporation”) which shall insure, as hereinafter provided, the deposits of all banks and savings associations which are entitled to the benefits of insurance under this chapter, and which shall have the powers hereinafter granted.
**(b) Asset disposition division**
(1) **Establishment** — The Corporation shall have a separate division of asset disposition.
(2) **Management** — The division of asset disposition shall have an administrator who shall be appointed by the Board of Directors.
(3) **Responsibilities of division** — The division of asset disposition shall carry out all of the responsibilities of the Corporation under this chapter relating to the liquidation of insured depository institutions and the disposition of assets of such institutions.
Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 1811
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Resolving problems to protect Fund**
(1) **Purpose** — The purpose of this section is to resolve the problems of insured credit unions at the least possible long-term loss to the Fund.
(2) **Prompt corrective action required** — The Board shall carry out the purpose of this section by taking prompt corrective action to resolve the problems of insured credit unions.
**(b) Regulations required**
(1) **Insured credit unions**
(A) *In general* — The Board shall, by regulation, prescribe a system of prompt corrective action for insured credit unions that is—
(i) consistent with this section; and
(ii) comparable to section 1831o of this title.
(B) *Cooperative character of credit unions* — The Board shall design the system required under subparagraph (A) to take into account that credit unions are not-for-profit cooperatives that—
(i) do not issue capital stock;
(ii) must rely on retained earnings to build net worth; and
(iii) have boards of directors that consist primarily of volunteers.
(2) **New credit unions**
(A) *In general* — In addition to regulations under paragraph (1), the Board shall, by regulation, prescribe a system of prompt corrective action that shall apply to new credit unions in lieu of this section and the regulations prescribed under paragraph (1).
(B) *Criteria for alternative system* — The Board shall design the system prescribed under subparagraph (A)—
(i) to carry out the purpose of this section;
(ii) to recognize that credit unions (as cooperatives that do not issue capital stock) initially have no net worth, and give new credit unions reasonable time to accumulate net worth;
(iii) to create adequate incentives for new credit unions to become adequately capitalized by the time that they e
Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 1795
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Resolving problems to protect Deposit Insurance Fund**
(1) **Purpose** — The purpose of this section is to resolve the problems of insured depository institutions at the least possible long-term loss to the Deposit Insurance Fund.
(2) **Prompt corrective action required** — Each appropriate Federal banking agency and the Corporation (acting in the Corporation’s capacity as the insurer of depository institutions under this chapter) shall carry out the purpose of this section by taking prompt corrective action to resolve the problems of insured depository institutions.
**(b) Definitions** For purposes of this section:
(1) **Capital categories**
(A) *Well capitalized* — An insured depository institution is “well capitalized” if it significantly exceeds the required minimum level for each relevant capital measure.
(B) *Adequately capitalized* — An insured depository institution is “adequately capitalized” if it meets the required minimum level for each relevant capital measure.
(C) *Undercapitalized* — An insured depository institution is “undercapitalized” if it fails to meet the required minimum level for any relevant capital measure.
(D) *Significantly undercapitalized* — An insured depository institution is “significantly undercapitalized” if it is significantly below the required minimum level for any relevant capital measure.
(E) *Critically undercapitalized* — An insured depository institution is “critically undercapitalized” if it fails to meet any level specified under subsection (c)(3)(A).
(2) **Other definitions**
(A) *Average*
(i) *In general* — The “average” of an accounting item (such as total assets or tangible equity) during a given period means the sum of that item at the close of business on each business day during that p
Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 1831o
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Except as provided in paragraph (5) of this subsection, “bank holding company” means any company which has control over any bank or over any company that is or becomes a bank holding company by virtue of this chapter.
(2) Any company has control over a bank or over any company if—
(A) the company directly or indirectly or acting through one or more other persons owns, controls, or has power to vote 25 per centum or more of any class of voting securities of the bank or company;
(B) the company controls in any manner the election of a majority of the directors or trustees of the bank or company; or
(C) the Board determines, after notice and opportunity for hearing, that the company directly or indirectly exercises a controlling influence over the management or policies of the bank or company.
(3) For the purposes of any proceeding under paragraph (2)(C) of this subsection, there is a presumption that any company which directly or indirectly owns, controls, or has power to vote less than 5 per centum of any class of voting securities of a given bank or company does not have control over that bank or company.
(4) In any administrative or judicial proceeding under this chapter, other than a proceeding under paragraph (2)(C) of this subsection, a company may not be held to have had control over any given bank or company at any given time unless that company, at the time in question, directly or indirectly owned, controlled, or had power to vote 5 per centum or more of any class of voting securities of the bank or company, or had already been found to have control in a proceeding under paragraph (2)(C).
(5) Notwithstanding any other provision of this subsection—
(A) No bank and no company owning or controlling voting shares of a bank is a bank hold
Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 1841
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** For purposes of this section, the following definitions shall apply:
(1) **Generally applicable leverage capital requirements** — The term “generally applicable leverage capital requirements” means—
(A) the minimum ratios of tier 1 capital to average total assets, as established by the appropriate Federal banking agencies to apply to insured depository institutions under the prompt corrective action regulations implementing section 1831o of this title, regardless of total consolidated asset size or foreign financial exposure; and
(B) includes the regulatory capital components in the numerator of that capital requirement, average total assets in the denominator of that capital requirement, and the required ratio of the numerator to the denominator.
(2) **Generally applicable risk-based capital requirements** — The term “generally applicable risk-based capital requirements” means—
(A) the risk-based capital requirements, as established by the appropriate Federal banking agencies to apply to insured depository institutions under the prompt corrective action regulations implementing section 1831o of this title, regardless of total consolidated asset size or foreign financial exposure; and
(B) includes the regulatory capital components in the numerator of those capital requirements, the risk-weighted assets in the denominator of those capital requirements, and the required ratio of the numerator to the denominator.
(3) **Definition of depository institution holding company** — The term “depository institution holding company” means a bank holding company or a savings and loan holding company (as those terms are defined in [section 1813 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1813&num=0&edit
Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 5311
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Enforcing agencies** Subject to subtitle B of the Consumer Financial Protection Act of 2010 [[12 U.S.C. 5511](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section5511&num=0&edition=prelim) et seq.], compliance with the requirements imposed under this subchapter shall be enforced under—
(1) section 8 of the Federal Deposit Insurance Act [[12 U.S.C. 1818](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1818&num=0&edition=prelim)], by the appropriate Federal banking agency, as defined in section 3(q) of the Federal Deposit Insurance Act ([12 U.S.C. 1813(q)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1813/q&num=0&edition=prelim)), with respect to—
(A) national banks, Federal savings associations, and Federal branches and Federal agencies of foreign banks;
(B) member banks of the Federal Reserve System (other than national banks), branches and agencies of foreign banks (other than Federal branches, Federal agencies, and insured State branches of foreign banks), commercial lending companies owned or controlled by foreign banks, and organizations operating under section 25 or 25A of the Federal Reserve Act [[12 U.S.C. 601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section601&num=0&edition=prelim) et seq., 611 et seq.]; and
(C) banks and State savings associations insured by the Federal Deposit Insurance Corporation (other than members of the Federal Reserve System), and insured State branches of foreign banks;
(2) the Federal Credit Union Act [[12 U.S.C. 1751](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1751&num=0&edition=prelim) et seq.], by the Director of the National Credit Union Administration, with respect to any
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Federal law — U.S. Code and appendices · legal_authorities
Page 1138
TITLE 12—BANKS AND BANKING
§ 1830
(4) Disclosure of personal information
Nothing in this section shall be construed to
amend, modify, or otherwise affect any State
or Federal law that governs a financial insti-
tution’s disclosure and security of personal in-
formation that is not publicly available.
(c) Relation to State law
The provisions of this section shall preempt
and supersede any State law that conflicts with
a provision of this section, but only to the ex-
tent of such conflict.
(Pub. L. 115–174, title II, § 213, May 24, 2018, 132
Stat. 1319.)
Editorial Notes
CODIFICATION
Section was enacted as part of the Economic Growth,
Regulatory Relief, and Consumer Protection Act, and
not as part of the Federal Deposit Insurance Act which
comprises this chapter.
§ 1830. Nondiscrimination
It is not the purpose of this chapter to dis-
criminate in any manner against State non-
member banks or State savings associations and
in favor of national or member banks or Federal
savings associations, respectively. It is the pur-
pose of this chapter to provide all banks and
savings associations with the same opportunity
to obtain and enjoy the benefits of this chapter.
(Sept. 21, 1950, ch. 967, § 2[22], formerly § 2[20], 64
Stat. 893; renumbered § 2[21], Pub. L. 90–203, § 3,
Dec. 15, 1967, 81 Stat. 610; renumbered § 2[22],
Pub. L. 91–508, title I, § 101, Oct. 26, 1970, 84 Stat.
1114; amended Pub. L. 101–73, title II, § 223, Aug.
9, 1989, 103 Stat. 273.)
Editorial Notes
PRIOR PROVISIONS
Section is derived from subsec. (y) of former section
264 of this title. See Codification note set out under
section 1811 of this title.
AMENDMENTS
1989—Pub. L. 101–73 amended section generally. Prior
to amendment, section read as follows: ‘‘It is not the
pu
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