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12 U.S.C. § 1446 — Liquidation or reorganization; acquisition of assets by other banks; assumption of liabilities
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Whenever the Director finds that the efficient and economical accomplishment of the purposes of this chapter will be aided by such action, and in accordance with such rules, regulations, and orders as the Director may prescribe, any Federal Home Loan Bank may be liquidated or reorganized, and its stock paid off and retired in whole or in part in connection therewith after paying or making provision for the payment of its liabilities. In the case of any such liquidation or reorganization, any other Federal Home Loan Bank may, with the approval of the Director, acquire assets of any such liquidated or reorganized bank and assume liabilities thereof, in whole or in part. At least 30 days prior to liquidating or reorganizing any Bank under this section, the Director shall notify the Bank of its determination and the facts and circumstances upon which such determination is based. The Bank may contest that determination in a hearing before the Director, in which all issues shall be determined on the record pursuant to [section 554 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section554&num=0&edition=prelim).
**(b) Voluntary mergers authorized**
(1) **In general** — Any Federal Home Loan Bank may, with the approval of the Director and of the boards of directors of the Banks involved, merge with another Bank.
(2) **Regulations required** — The Director shall promulgate regulations establishing the conditions and procedures for the consideration and approval of any voluntary merger described in paragraph (1), including the procedures for Bank member approval.
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Source file: Laws/federal/codes/united-states-code/title-12/section-1446-liquidation-or-reorganization-acquisition-of-assets-by-other-banks-assum--4c0c433a5c.md
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Source location: Title 12, Chapter 11, § 1446; chapter-011-federal-home-loan-banks.md
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**(a) In general** Whenever the Director finds that the efficient and economical accomplishment of the purposes of this chapter will be aided by such action, and in accordance with such rules, regulations, and orders as the Director may prescribe, any Federal Home Loan Bank may be liquidated or reorganized, and its stock paid off and retired in whole or in part in connection therewith after paying or making provision for the payment of its liabilities. In the case of any such liquidation or reorganization, any other Federal Home Loan Bank may, with the approval of the Director, acquire assets of any such liquidated or reorganized bank and assume liabilities thereof, in whole or in part. At least 30 days prior to liquidating or reorganizing any Bank under this section, the Director shall notify the Bank of its determination and the facts and circumstances upon which such determination is based. The Bank may contest that determination in a hearing before the Director, in which all issues shall be determined on the record pursuant to [section 554 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section554&num=0&edition=prelim).
**(b) Voluntary mergers authorized**
(1) **In general** — Any Federal Home Loan Bank may, with the approval of the Director and of the boards of directors of the Banks involved, merge with another Bank.
(2) **Regulations required** — The Director shall promulgate regulations establishing the conditions and procedures for the consideration and approval of any voluntary merger described in paragraph (1), including the procedures for Bank member approval.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** This section applies, according to the provisions thereof, in every case of adjudication required by statute to be determined on the record after opportunity for an agency hearing, except to the extent that there is involved—
(1) a matter subject to a subsequent trial of the law and the facts de novo in a court;
(2) the selection or tenure of an employee, except a 11 So in original. administrative law judge appointed under [section 3105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3105&num=0&edition=prelim);
(3) proceedings in which decisions rest solely on inspections, tests, or elections;
(4) the conduct of military or foreign affairs functions;
(5) cases in which an agency is acting as an agent for a court; or
(6) the certification of worker representatives.
**(b)** Persons entitled to notice of an agency hearing shall be timely informed of—
(1) the time, place, and nature of the hearing;
(2) the legal authority and jurisdiction under which the hearing is to be held; and
(3) the matters of fact and law asserted.
When private persons are the moving parties, other parties to the proceeding shall give prompt notice of issues controverted in fact or law; and in other instances agencies may by rule require responsive pleading. In fixing the time and place for hearings, due regard shall be had for the convenience and necessity of the parties or their representatives.
**(c)** The agency shall give all interested parties opportunity for—
(1) the submission and consideration of facts, arguments, offers of settlement, or proposals of adjustment when time, the nature of the proceeding, and the public interest permit; and
(2) to the extent that the parties are unable so to determine a controversy by consent, heari
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 554
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Federal law — U.S. Code and appendices · legal_authorities
Page 336
TITLE 12—BANKS AND BANKING
§ 1442a
1 See 2008 Amendment note below.
may prescribe, to make available to the board in con-
fidence for its use and the use of any Federal Home
Loan Bank such reports, records, or other information
as may be available, relating to the condition of insti-
tutions with respect to which any such Federal Home
Loan Bank has had or contemplates having trans-
actions under this chapter or relating to persons whose
obligations are offered to or held by any Federal Home
Loan Bank, and to make through their examiners or
other employees, for the confidential use of the board
or any Federal Home Loan Bank, examinations of such
institutions.
‘‘(b) Every institution which shall apply for advances
under this chapter shall, as a condition precedent
thereto, consent to such examination as the bank or
the board may require for the purposes of this chapter
and/or that reports of examinations by constituted au-
thorities may be furnished by such authorities to the
bank or the board upon request therefor.’’
§ 1442a. Repealed. Pub. L. 106–102, title VI,
§ 606(c), Nov. 12, 1999, 113 Stat. 1454
Section, act July 22, 1932, ch. 522, § 22A, as added Aug.
10, 1987, Pub. L. 100–86, title IV, § 407(d), 101 Stat. 617, re-
lated to informal review of certain supervisory deci-
sions.
§ 1443. Forms of bank stock and obligations
Any stock, debentures, bonds, notes, or other
obligations issued under the authority of this
chapter may be issued in uncertificated form,
utilizing a book entry method, or in certificated
form under such rules, regulations, or guidelines
as the Director 1 may provide.
(July 22, 1932, ch. 522, § 23, 47 Stat. 739; Pub. L.
101–73, title VII, § 717, Aug. 9, 1989, 103 Stat. 422;
Pub. L. 110–289, div. A, title II, § 12
Source: Supplied 2024 U.S. Code historical extraction · 12 U.S.C. § 1446
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