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12 U.S.C. § 5381 — Rule of construction

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

12 U.S.C. § 5381 — Rule of construction

Nothing in this Act shall be construed to limit or curtail the Corporation’s current authority to examine or bring enforcement actions with respect to any insured depository institution or institution-affiliated party.

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Stable record: federal_law:legal_authorities:record_usc_9907724c7505dd23a5b3f8b8
Source file: Laws/federal/codes/united-states-code/title-12/section-5381-rule-of-construction--b3da2912a0.md
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Passage SHA-256: dc73229a17d3f48bab5173842d9f93ff7e57078c100db4f54f6daa10301c38e1

Source location: Title 12, Chapter 53, § 5381; chapter-053-wall-street-reform-and-consumer-protection.md

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Nothing in this Act shall be construed to limit or curtail the Corporation’s current authority to examine or bring enforcement actions with respect to any insured depository institution or institution-affiliated party.

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

12 U.S.C. § 5301 — Regulations

**(a) In general** The Secretary is authorized to promulgate regulations to implement and administer the grant programs and undertakings authorized by this subchapter. **(b) Regulatory authority** Regulations prescribed under this section may contain such classifications, differentiations, or other provisions, and may provide for such adjustments and exceptions for any class of grant programs, undertakings, or eligible entities, as, in the judgment of the Secretary, are necessary or proper to effectuate the purposes of this subchapter, to prevent circumvention or evasion of this subchapter, or to facilitate compliance with this subchapter.

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

12 U.S.C. § 1831cc — Data standards

**(a) Definition** In this section, the term “financial company” has the meaning given the term in section 201(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act ([12 U.S.C. 5381(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section5381/a&num=0&edition=prelim)). **(b) Requirement** The Corporation shall, by rule, adopt data standards for all collections of information with respect to information received by the Corporation from any depository institution or financial company under this chapter or under title II of the Dodd-Frank Wall Street Reform and Consumer Protection Act ([12 U.S.C. 5381](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section5381&num=0&edition=prelim) et seq.). **(c) Consistency** The data standards required under subsection (b) shall incorporate, and ensure compatibility with (to the extent feasible), all applicable data standards established in the rules promulgated under [section 5334 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section5334&num=0&edition=prelim), including, to the extent practicable, by having the characteristics described in clauses (i) through (vi) of subsection (c)(1)(B) of such section 5334.

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

12 U.S.C. § 343 — Discount of obligations arising out of actual commercial transactions

Upon the indorsement of any of its member banks, which shall be deemed a waiver of demand, notice and protest by such bank as to its own indorsement exclusively, any Federal reserve bank may discount notes, drafts, and bills of exchange arising out of actual commercial transactions; that is, notes, drafts, and bills of exchange issued or drawn for agricultural, industrial, or commercial purposes, or the proceeds of which have been used, or are to be used, for such purposes, the Board of Governors of the Federal Reserve System to have the right to determine or define the character of the paper thus eligible for discount, within the meaning of this chapter. Nothing in this chapter contained shall be construed to prohibit such notes, drafts, and bills of exchange, secured by staple agricultural products, or other goods, wares, or merchandise from being eligible for such discount, and the notes, drafts, and bills of exchange of factors issued as such making advances exclusively to producers of staple agricultural products in their raw state shall be eligible for such discount; but such definition shall not include notes, drafts, or bills covering merely investments or issued or drawn for the purpose of carrying or trading in stocks, bonds, or other investment securities, except bonds and notes of the Government of the United States. Notes, drafts, and bills admitted to discount under the terms of this paragraph must have a maturity at the time of discount of not more than ninety days, exclusive of grace. (3) (A) 11 So in original. In unusual and exigent circumstances, the Board of Governors of the Federal Reserve System, by the affirmative vote of not less than five members, may authorize any Federal reserve bank, during such periods as the said board may determine, at

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

12 U.S.C. § 5386 — Systemic risk determination

**(a) Written recommendation and determination** (1) **Vote required** (A) *In general* — On their own initiative, or at the request of the Secretary, the Corporation and the Board of Governors shall consider whether to make a written recommendation described in paragraph (2) with respect to whether the Secretary should appoint the Corporation as receiver for a financial company. Such recommendation shall be made upon a vote of not fewer than ⅔ of the members of the Board of Governors then serving and ⅔ of the members of the board of directors of the Corporation then serving. (B) *Cases involving brokers or dealers* — In the case of a broker or dealer, or in which the largest United States subsidiary (as measured by total assets as of the end of the previous calendar quarter) of a financial company is a broker or dealer, the Commission and the Board of Governors, at the request of the Secretary, or on their own initiative, shall consider whether to make the written recommendation described in paragraph (2) with respect to the financial company. Subject to the requirements in paragraph (2), such recommendation shall be made upon a vote of not fewer than ⅔ of the members of the Board of Governors then serving and ⅔ of the members of the Commission then serving, and in consultation with the Corporation. (C) *Cases involving insurance companies* — In the case of an insurance company, or in which the largest United States subsidiary (as measured by total assets as of the end of the previous calendar quarter) of a financial company is an insurance company, the Director of the Federal Insurance Office and the Board of Governors, at the request of the Secretary or on their own initiative, shall consider whether to make the written recommendation described in paragraph

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

15 U.S.C. § 78eee — Protection of customers

**(a) Determination of need of protection** (1) **Notice to SIPC** — If the Commission or any self-regulatory organization is aware of facts which lead it to believe that any broker or dealer subject to its regulation is in or is approaching financial difficulty, it shall immediately notify SIPC, and, if such notification is by a self-regulatory organization, the Commission. (2) **Action by self-regulatory organization** — If a self-regulatory organization has given notice to SIPC pursuant to subsection (a)(1) with respect to a broker or dealer, and such broker or dealer undertakes to liquidate or reduce its business either pursuant to the direction of a self-regulatory organization or voluntarily, such self-regulatory organization may render such assistance or oversight to such broker or dealer as it considers appropriate to protect the interests of customers of such broker or dealer. The assistance or oversight by a self-regulatory organization shall not be deemed the assumption or adoption by such self-regulatory organization of any obligation or liability to customers, other creditors, shareholders, or partners of the broker or dealer, and shall not prevent or act as a bar to any action by SIPC. (3) **Action by SIPC** (A) *In general* — SIPC may, upon notice to a member of SIPC, file an application for a protective decree with any court of competent jurisdiction specified in section 78u(e) or 78aa of this title, except that no such application shall be filed with respect to a member, the only customers of which are persons whose claims could not be satisfied by SIPC advances pursuant to [section 78fff–3 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section78fff-3&num=0&edition=prelim), if SIPC determines that— (A) 11

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 78eee

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

12 U.S.C. § 5381 — Definitions

Page 1870 TITLE 12—BANKS AND BANKING § 5373 Editorial Notes REFERENCES IN TEXT This Act, referred to in text, is Pub. L. 111–203, July 21, 2010, 124 Stat. 1376, known as the Dodd-Frank Wall Street Reform and Consumer Protection Act, which en- acted this chapter and chapters 108 (§ 8201 et seq.) and 109 (§ 8301 et seq.) of Title 15, Commerce and Trade, and enacted, amended, and repealed numerous other sec- tions and notes in the Code. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables. § 5373. International policy coordination (a) By the President The President, or a designee of the President, may coordinate through all available inter- national policy channels, similar policies as those found in United States law relating to limiting the scope, nature, size, scale, con- centration, and interconnectedness of financial companies, in order to protect financial sta- bility and the global economy. (b) By the Council The Chairperson of the Council, in consulta- tion with the other members of the Council, shall regularly consult with the financial regu- latory entities and other appropriate organiza- tions of foreign governments or international organizations on matters relating to systemic risk to the international financial system. (c) By the Board of Governors and the Secretary The Board of Governors and the Secretary shall consult with their foreign counterparts and through appropriate multilateral organiza- tions to encourage comprehensive and robust prudential supervision and regulation for all highly leveraged and interconnected financial companies. (Pub. L. 111–203, title I, § 175, July 21, 2010, 124 Stat. 1442.) § 5374. Rule of construction No regulation or standa

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