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12 U.S.C. § 1467 — Examination fees

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

12 U.S.C. § 1467 — Examination fees

**(a) Examination of savings associations** The cost of conducting examinations of savings associations pursuant to [section 1464(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1464/d&num=0&edition=prelim) shall be assessed by— (1) the Comptroller, against each such Federal savings association, as the Comptroller deems necessary or appropriate; and (2) the Corporation, against each such State savings association, as the Corporation deems necessary or appropriate. **(b) Examination of affiliates** The cost of conducting examinations of affiliates of savings associations pursuant to this chapter may be assessed by the Comptroller or Corporation, as appropriate 11 So in original. Probably should be followed by a comma. against each affiliate that is examined as the Comptroller or Corporation, as appropriate 1 deems necessary or appropriate. **(c) Assessment against association in case of affiliate’s refusal to pay** (1) **In general** — Subject to paragraph (2), if any affiliate of any savings association— (A) refuses to pay any assessment under subsection (b); or (B) fails to pay any such assessment before the end of the 60-day period beginning on the date of the assessment, the appropriate Federal banking agency may assess such cost against, and collect such cost from, such savings association. (2) **Affiliate of more than 1 savings association** — If any affiliate referred to in paragraph (1) is an affiliate of more than 1 savings association, the assessment with respect to the affiliate against, and collected from, any affiliated savings association in such proportions as the appropriate Federal banking agency may prescribe. **(d) Civil money penalty for affiliate’s refusal to cooperate** (1) **Penalty impo

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Source file: Laws/federal/codes/united-states-code/title-12/section-1467-examination-fees--b93039eacc.md
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Source location: Title 12, Chapter 12, § 1467; chapter-012-savings-associations.md

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**(a) Examination of savings associations** The cost of conducting examinations of savings associations pursuant to [section 1464(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1464/d&num=0&edition=prelim) shall be assessed by— (1) the Comptroller, against each such Federal savings association, as the Comptroller deems necessary or appropriate; and (2) the Corporation, against each such State savings association, as the Corporation deems necessary or appropriate. **(b) Examination of affiliates** The cost of conducting examinations of affiliates of savings associations pursuant to this chapter may be assessed by the Comptroller or Corporation, as appropriate 11 So in original. Probably should be followed by a comma. against each affiliate that is examined as the Comptroller or Corporation, as appropriate 1 deems necessary or appropriate. **(c) Assessment against association in case of affiliate’s refusal to pay** (1) **In general** — Subject to paragraph (2), if any affiliate of any savings association— (A) refuses to pay any assessment under subsection (b); or (B) fails to pay any such assessment before the end of the 60-day period beginning on the date of the assessment, the appropriate Federal banking agency may assess such cost against, and collect such cost from, such savings association. (2) **Affiliate of more than 1 savings association** — If any affiliate referred to in paragraph (1) is an affiliate of more than 1 savings association, the assessment with respect to the affiliate against, and collected from, any affiliated savings association in such proportions as the appropriate Federal banking agency may prescribe. **(d) Civil money penalty for affiliate’s refusal to cooperate** (1) **Penalty imposed** — If any affiliate of any savings association— (A) refuses to permit any examiner appointed by the appropriate Federal banking agency to make an examination; or (B) refuses to provide any information required to be disclosed in the course of any examination, the savings association shall forfeit and pay a civil penalty of not more than $5,000 for each day that any such refusal continues. (2) **Assessment and collection** — Any penalty imposed under paragraph (1) shall be assessed and collected by the appropriate Federal banking agency, in the manner provided in section 8(i)(2) of the Federal Deposit Insurance Act [[12 U.S.C. 1818(i)(2)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1818/i/2&num=0&edition=prelim)]. **(e) Regulations** The Comptroller may prescribe regulations with respect to— (1) the computation of, and the assessment for, the cost of conducting examinations pursuant to this section; and (2) the collection and use of such assessments and any fees under this section. Such regulations may establish formulas to determine a fee or schedule of fees to cover the costs of examinations and also to cover the cost of processing applications, filings, notices, and requests for approvals by the appropriate Federal banking agency or the designee of the Comptroller. **(f) [Reserved].** **(g) Costs of other examinations** (1) **Examination of fiduciary activities** — In addition to any assessment imposed pursuant to subsection (a), the cost of conducting examinations of fiduciary activities of savings associations which exercise fiduciary powers (including savings associations or similar institutions in the District of Columbia) shall be assessed by the appropriate Federal banking agency against such savings associations (or similar institutions). (2) **Examinations in excess of 2 per calendar year** — If any savings association or affiliate of a savings association is examined by the appropriate Federal banking agency for the savings association more than 2 times in any calendar year, the cost of conducting such additional examinations shall be assessed, in addition to any assessment imposed pursuant to subsection (a), by the appropriate Federal banking agency or the Corporation, as the case may be, against such savings association or affiliate. **(h) Additional information** Any savings association and any affiliate of any savings association shall provide the appropriate Federal banking agency with access to any information or report with respect to any examination made by any public regulatory authority and furnish any additional information with respect thereto as the appropriate Federal banking agency may require. **(i) Treatment of examination assessments** (1) **Deposits** — Amounts received by the appropriate Federal banking agency from assessments under this section (other than an assessment under subsection (d)(2)) or [section 1467a(b)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1467a/b/4&num=0&edition=prelim) may be deposited in the manner provided in section 5234 of the Revised Statutes [[12 U.S.C. 192](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section192&num=0&edition=prelim)] with respect to assessments by the Comptroller of the Currency. (2) **Assessments are not Government funds** — The amounts received by the appropriate Federal banking agency from any assessment under this section shall not be construed to be Government or public funds or appropriated money. (3) **Assessments are not subject to apportionment of funds** — Notwithstanding any other provision of law, the amounts received by the appropriate Federal banking agency from any assessment under this section shall not be subject to apportionment for the purpose of chapter 15 of title 31 or under any other authority. **(j) Processing fee** The appropriate Federal banking agency may, in the sole discretion of the appropriate Federal banking agency, assess against any person that submits to the appropriate Federal banking agency an application, filing, notice, or request a fee to cover the cost of processing such submission. **(k) Fees for examinations and supervisory activities** The appropriate Federal banking agency may assess against an institution fees to fund the direct and indirect expenses of the Office as the appropriate Federal banking agency deems necessary or appropriate. The fees may be imposed more frequently than annually at the discretion of the appropriate Federal banking agency. **(l) Working capital** The appropriate Federal banking agency is authorized to impose fees and assessments pursuant to subsections (a), (b), (e), and (k) of this section, in excess of actual expenses for any given year, to permit the appropriate Federal banking agency to maintain a working capital fund. The appropriate Federal banking agency shall remit to the payors of such fees and assessments any funds collected in excess of what he deems necessary to maintain such working capital fund. **(m) Use of funds** The appropriate Federal banking agency is authorized to use the combined resources retained through fees and assessments imposed pursuant to this section to pay all direct and indirect salary and administrative expenses of the Office, including contracts and purchases of property and services, and the direct and indirect expenses of the examinations and supervisory activities of the Office.

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

12 U.S.C. § 1441 — Financing Corporation

**(a) Establishment** Notwithstanding any other provision of law, the Director shall charter a corporation to be known as the Financing Corporation. **(b) Management of Financing Corporation** (1) **Directorate** — The Financing Corporation shall be under the management of a directorate composed of 3 members as follows: (A) The Director of the Office of Finance of the Federal Home Loan Banks (or the head of any successor to such office). (B) 2 members selected by the Director from among the presidents of the Federal Home Loan Banks. (2) **Terms** — Each member appointed under paragraph (1)(B) shall be appointed for a term of 1 year. (3) **Vacancy** — If any member leaves the office in which such member was serving when appointed to the Directorate— (A) such member’s service on the Directorate shall terminate on the date such member leaves such office; and (B) the successor to the office of such member shall serve the remainder of such member’s term. (4) **Equal representation of banks** — No president of a Federal Home Loan Bank may be appointed to serve an additional term on the Directorate until such time as the presidents of each of the other Federal Home Loan Banks have served as many terms on the Directorate as the president of such bank (before the appointment of such president to such additional term). (5) **Chairperson** — The Director shall select the chairperson of the Directorate from among the 3 members of the Directorate. (6) **Staff** (A) *No paid employees* — The Financing Corporation shall have no paid employees. (B) *Powers* — The Directorate may, with the approval of the Director, authorize the officers, employees, or agents of the Federal Home Loan Banks to act for and on behalf of the Financing Corporation in such manner as m

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

12 U.S.C. § 1461 — Short title

This chapter may be cited as the “Home Owners’ Loan Act.”

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

12 U.S.C. § 1468 — Transactions with affiliates; extensions of credit to executive officers, directors, and principal shareholders

**(a) Affiliate transactions** (1) **In general** — Sections 23A and 23B of the Federal Reserve Act [[12 U.S.C. 371c](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section371c&num=0&edition=prelim) and 371c–1] shall apply to every savings association in the same manner and to the same extent as if the savings association were a member bank (as defined in such Act [[12 U.S.C. 221](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section221&num=0&edition=prelim) et seq.]), except that— (A) no loan or other extension of credit may be made to any affiliate unless that affiliate is engaged only in activities described in [section 1467a(c)(2)(F)(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1467a/c/2/F/i&num=0&edition=prelim); and (B) no savings association may enter into any transaction described in section 23A(b)(7)(B) of the Federal Reserve Act with any affiliate other than with respect to shares of a subsidiary. (2) **Sister bank exemption made available to savings associations** (A) *Savings associations controlled by bank holding companies* — Every savings association more than 80 percent of the voting stock of which is owned by a company described in [section 1467a(c)(8) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1467a/c/8&num=0&edition=prelim) shall be treated as a bank for purposes of section 23A(d)(1) and section 23B of the Federal Reserve Act, if every savings association and bank controlled by such company complies with all applicable capital requirements on a fully phased-in basis and without reliance on goodwill. (B) *Savings associations generally* — Effective on and after January 1, 1995, every savings associa

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

12 U.S.C. § 192 — Default in payment of circulating notes

On becoming satisfied, as specified in sections 131 and 132 11 See References in Text note below. of this title, that any association is in default, the Comptroller of the Currency may forthwith appoint a receiver, and require of him such bond and security as he deems proper. Such receiver, under the direction of the Comptroller, shall take possession of the books, records, and assets of every description of such association, collect all debts, dues, and claims belonging to it, and, upon the order of a court of record of competent jurisdiction, may sell or compound all bad or doubtful debts, and, on a like order, may sell all the real and personal property of such association, on such terms as the court shall direct. Such receiver shall pay over all money so made to the Treasurer of the United States, subject to the order of the Comptroller, and also make report to the Comptroller of all his acts and proceedings.

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

12 U.S.C. § 1813 — Definitions

As used in this chapter— **(a) Definitions of bank and related terms** (1) **Bank** — The term “bank”— (A) means any national bank and State bank, and any Federal branch and insured branch; (B) includes any former savings association. (2) **State bank** — The term “State bank” means any bank, banking association, trust company, savings bank, industrial bank (or similar depository institution which the Board of Directors finds to be operating substantially in the same manner as an industrial bank), or other banking institution which— (A) is engaged in the business of receiving deposits, other than trust funds (as defined in this section); and (B) is incorporated under the laws of any State or which is operating under the Code of Law for the District of Columbia, including any cooperative bank or other unincorporated bank the deposits of which were insured by the Corporation on the day before August 9, 1989. (3) **State** — The term “State” means any State of the United States, the District of Columbia, any territory of the United States, Puerto Rico, Guam, American Samoa, the Trust Territory of the Pacific Islands, the Virgin Islands, and the Northern Mariana Islands. **(b) Definition of savings associations and related terms** (1) **Savings association** — The term “savings association” means— (A) any Federal savings association; (B) any State savings association; and (C) any corporation (other than a bank) that the Board of Directors and the Comptroller of the Currency jointly determine to be operating in substantially the same manner as a savings association. (2) **Federal savings association** — The term “Federal savings association” means any Federal savings association or Federal savings bank which is chartered under [section 1464 of t

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

2 U.S.C. § 906 — General and special sequestration rules

**(a) Repealed. Pub. L. 111–139, title I, § 10(a), Feb. 12, 2010, 124 Stat. 21** **(b) Student loans** For all student loans under part B or D of title IV of the Higher Education Act of 1965 [[20 U.S.C. 1071](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1071&num=0&edition=prelim) et seq., 1087a et seq.] made during the period when a sequestration order under [section 904 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section904&num=0&edition=prelim) is in effect as required by section 902 or 903 of this title, origination fees under sections 438(c)(2) and (6) and 455(c) [[20 U.S.C. 1087–1(c)(2)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1087–1/c/2&num=0&edition=prelim), (6), 1087e(c)] and loan processing and issuance fees under section 428(f)(1)(A)(ii) of that Act [[20 U.S.C. 1078(f)(1)(A)(ii)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1078/f/1/A/ii&num=0&edition=prelim)] shall each be increased by the uniform percentage specified in that sequestration order, and, for student loans originated during the period of the sequestration, special allowance payments under section 438(b) of that Act [[20 U.S.C. 1087–1(b)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1087–1/b&num=0&edition=prelim)] accruing during the period of the sequestration shall be reduced by the uniform percentage specified in that sequestration order. **(c) Repealed. Pub. L. 111–139, title I, § 10(c), Feb. 12, 2010, 124 Stat. 22** **(d) Special rules for Medicare program** (1) **Calculation of reduction in payment amounts** — To achieve the total percentage reduction in those programs required by section 902 or 903 of this title, subject

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

12 U.S.C. § 1466a — District associations

**(a) In general** The Comptroller shall, with respect to all incorporated or unincorporated building, building or loan, building and loan, or homestead associations, and similar institutions, of or transacting or doing business in the District of Columbia, or maintaining any office in the District of Columbia (other than Federal savings associations), have the same powers and functions as to examination, operation, and regulation as the Comptroller has with respect to Federal savings associations. **(b) Additional powers** Any such association or institution incorporated under the laws of, or organized in, the District of Columbia shall have in addition to any existing statutory authority such statutory authority as is vested in Federal savings associations. **(c) Charter amendments** Charters, certificates of incorporation, articles of incorporation, constitutions, bylaws, or other organic documents of associations or institutions referred to in subsection (b) of this section may, without regard to anything contained therein or otherwise, be amended in such manner and to such extent and upon such votes if any as the Comptroller may by regulation or otherwise provide. **(d) Limitation** Nothing in this section shall cause, or permit the Comptroller to cause, District of Columbia associations to be or become Federal savings associations, or require the Comptroller to impose on District of Columbia associations the same regulations as are imposed on Federal savings associations.

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

12 U.S.C. § 1817 — Assessments

**(a) Reports of condition; access to reports** (1) Each insured State nonmember bank and each foreign bank having an insured branch which is not a Federal branch shall make to the Corporation reports of condition which shall be in such form and shall contain such information as the Board of Directors may require. Such reports shall be made to the Corporation on the dates selected as provided in paragraph (3) of this subsection and the deposit liabilities shall be reported therein in accordance with and pursuant to paragraphs (4) and (5) of this subsection. The Board of Directors may call for additional reports of condition on dates to be fixed by it and may call for such other reports as the Board may from time to time require. Any such bank which (A) maintains procedures reasonably adapted to avoid any inadvertent error and, unintentionally and as a result of such an error, fails to make or publish any report required under this paragraph, within the period of time specified by the Corporation, or submits or publishes any false or misleading report or information, or (B) inadvertently transmits or publishes any report which is minimally late, shall be subject to a penalty of not more than $2,000 for each day during which such failure continues or such false or misleading information is not corrected. Such bank shall have the burden of proving that an error was inadvertent and that a report was inadvertently transmitted or published late. Any such bank which fails to make or publish any report required under this paragraph, within the period of time specified by the Corporation, or submits or publishes any false or misleading report or information, in a manner not described in the 2nd preceding sentence shall be subject to a penalty of not more than $20,000 for each d

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

12 U.S.C. § 1467 — Examination fees

Page 391 TITLE 12—BANKS AND BANKING § 1467 1 So in original. Probably should be followed by a comma. (June 13, 1933, ch. 64, § 7, 48 Stat. 134; July 14, 1952, ch. 723, § 10(b), 66 Stat. 604; Pub. L. 86–70, § 9(b), June 25, 1959, 73 Stat. 142; Pub. L. 86–624, § 5(b), July 12, 1960, 74 Stat. 411; Pub. L. 101–73, title III, § 301, Aug. 9, 1989, 103 Stat. 315.) Editorial Notes AMENDMENTS 1989—Pub. L. 101–73 amended section generally. Prior to amendment, section read as follows: ‘‘The provisions of this chapter shall apply to the continental United States (including Alaska), to the State of Hawaii, and to Puerto Rico, Guam and the Virgin Islands.’’ 1960—Pub. L. 86–624 substituted ‘‘State of Hawaii’’ for ‘‘Territory of Hawaii’’. 1959—Pub. L. 86–70 substituted ‘‘continental United States (including Alaska), to the Territory of Hawaii’’ for ‘‘continental United States, to the Territories of Alaska and Hawaii’’. 1952—Act July 14, 1952, inserted ‘‘Guam’’. § 1466a. District associations (a) In general The Comptroller shall, with respect to all in- corporated or unincorporated building, building or loan, building and loan, or homestead asso- ciations, and similar institutions, of or transacting or doing business in the District of Columbia, or maintaining any office in the Dis- trict of Columbia (other than Federal savings associations), have the same powers and func- tions as to examination, operation, and regula- tion as the Comptroller has with respect to Fed- eral savings associations. (b) Additional powers Any such association or institution incor- porated under the laws of, or organized in, the District of Columbia shall have in addition to any existing statutory authority such statutory authority as is vested in Federal savings asso- ciation

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

12 U.S.C. § 1818 — Termination of status as insured depository institution

**(a) Termination of insurance** (1) **Voluntary termination** — Any insured depository institution which is not— (A) a national member bank; (B) a State member bank; (C) a Federal branch; (D) a Federal savings association; or (E) an insured branch which is required to be insured under subsection (a) or (b) 11 See References in Text note below. of [section 3104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section3104&num=0&edition=prelim), may terminate such depository institution’s status as an insured depository institution if such insured institution provides written notice to the Corporation of the institution’s intent to terminate such status not less than 90 days before the effective date of such termination. (2) **Involuntary termination** (A) *Notice to primary regulator* — If the Board of Directors determines that— (i) an insured depository institution or the directors or trustees of an insured depository institution have engaged or are engaging in unsafe or unsound practices in conducting the business of the depository institution; (ii) an insured depository institution is in an unsafe or unsound condition to continue operations as an insured institution; or (iii) an insured depository institution or the directors or trustees of the insured institution have violated any applicable law, regulation, order, condition imposed in writing by the Corporation in connection with the approval of any application or other request by the insured depository institution, or written agreement entered into between the insured depository institution and the Corporation, the Board of Directors shall notify the appropriate Federal banking agency with respect to such institution (if other than the Corp

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