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12 U.S.C. § 2273 — Definitions
Federal law — U.S. Code and appendices · legal_authorities
As used in this part—
(1) the terms “cease and desist order that has become final” and “order which has become final” mean a cease and desist order, or an order, issued by the Farm Credit Administration with the consent of the System institution or the director or officer or other person concerned, or with respect to which no petition for review of the action of the Farm Credit Administration has been filed and perfected in a court of appeals as specified in [section 2266(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section2266/b&num=0&edition=prelim), or with respect to which the action of the court in which such petition is so filed is not subject to further review by the Supreme Court of the United States in proceedings provided for in [section 2266(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section2266/b&num=0&edition=prelim), or an order issued under [section 2265 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section2265&num=0&edition=prelim);
(2) the term “violation” includes without limitation any action (alone or with another or others) for or toward causing, bringing about, participating in, counseling, or aiding or abetting a violation;
(3) the terms “institution in the System”, “System institution”, and “institution” mean all institutions enumerated in [section 2002 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section2002&num=0&edition=prelim), any service organization chartered under part E of subchapter IV of this chapter, and the Financial Assistance Corporation;
(4) the term “institution-affiliated party” means—
(A) a director, officer, employee, shareholder, or agent of a System institut
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Source file: Laws/federal/codes/united-states-code/title-12/section-2273-definitions--5fad7ff3be.md
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Source location: Title 12, Chapter 23, § 2273; chapter-023-farm-credit-system.md
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As used in this part—
(1) the terms “cease and desist order that has become final” and “order which has become final” mean a cease and desist order, or an order, issued by the Farm Credit Administration with the consent of the System institution or the director or officer or other person concerned, or with respect to which no petition for review of the action of the Farm Credit Administration has been filed and perfected in a court of appeals as specified in [section 2266(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section2266/b&num=0&edition=prelim), or with respect to which the action of the court in which such petition is so filed is not subject to further review by the Supreme Court of the United States in proceedings provided for in [section 2266(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section2266/b&num=0&edition=prelim), or an order issued under [section 2265 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section2265&num=0&edition=prelim);
(2) the term “violation” includes without limitation any action (alone or with another or others) for or toward causing, bringing about, participating in, counseling, or aiding or abetting a violation;
(3) the terms “institution in the System”, “System institution”, and “institution” mean all institutions enumerated in [section 2002 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section2002&num=0&edition=prelim), any service organization chartered under part E of subchapter IV of this chapter, and the Financial Assistance Corporation;
(4) the term “institution-affiliated party” means—
(A) a director, officer, employee, shareholder, or agent of a System institution;
(B) an independent contractor (including an attorney, appraiser, or accountant) who knowingly or recklessly participates in—
(i) a violation of law (including regulations) that is associated with the operations and activities of 1 or more System institutions;
(ii) a breach of fiduciary duty; or
(iii) an unsafe practice that causes or is likely to cause more than a minimum financial loss to, or a significant adverse effect on, a System institution; and
(C) any other person, as determined by the Farm Credit Administration (by regulation or on a case-by-case basis) who participates in the conduct of the affairs of a System institution; and
(5) the term “unsafe or unsound practice” shall—
(A) have the meaning given to it by the Farm Credit Administration by regulation, rule, or order; and
(B) mean any significant noncompliance by a System institution (as determined by the Farm Credit Administration, in consultation with the Farm Credit System Insurance Corporation) with any term or condition imposed on the institution by the Farm Credit System Insurance Corporation under [section 2277a–10 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section2277a-10&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 92–181, title VIII, § 8.38, as added Pub. L. 104–105, title I, § 117, Feb. 10, 1996, 110 Stat. 168, related to recapitalization of Corporation.
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Federal law — U.S. Code and appendices · legal_authorities
**(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
In the case of violation or threatened violation of, or failure to obey, a temporary cease and desist order issued under [section 2262 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section2262&num=0&edition=prelim), the Farm Credit Administration may apply to the United States district court, or the United States court of any territory, within the jurisdiction of which the home office of the institution is located, for an injunction to enforce such order, and, if the court shall determine that there has been such violation or threatened violation or failure to obey, it shall be the duty of the court to issue such injunction.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Source** The Secretary shall provide the price support authorized or required herein through the Commodity Credit Corporation and other means available to him.
**(b) Authority of Secretary; factors considered** Except as otherwise provided in this Act, the amounts, terms, and conditions of price support operations and the extent to which such operations are carried out, shall be determined or approved by the Secretary. The following factors shall be taken into consideration in determining, in the case of any commodity for which price support is discretionary, whether a price-support operation shall be undertaken and the level of such support and, in the case of any commodity for which price support is mandatory, the level of support in excess of the minimum level prescribed for such commodity: (1) the supply of the commodity in relation to the demand therefor, (2) the price levels at which other commodities are being supported and, in the case of feed grains, the feed values of such grains in relation to corn, (3) the availability of funds, (4) the perishability of the commodity, (5) the importance of the commodity to agriculture and the national economy, (6) the ability to dispose of stocks acquired through a price-support operation, (7) the need for offsetting temporary losses of export markets, (8) the ability and willingness of producers to keep supplies in line with demand and (9), in the case of upland cotton, changes in the cost of producing such cotton.
**(c) Compliance by producer; program for diverted acres** Compliance by the producer with acreage allotments, production goals and marketing practices (including marketing quotas when authorized by law), prescribed by the Secretary, may be required as a condition of eligibility for price support. In admi
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Federal law — U.S. Code and appendices · legal_authorities
Page 1371
TITLE 12—BANKS AND BANKING
§ 2273
Farm Credit System Insurance Corporation
under section 2277a–10 of this title.
(Pub. L. 92–181, title V, § 5.35, as added Pub. L.
99–205, title II, § 204, Dec. 23, 1985, 99 Stat. 1701;
amended Pub. L. 100–233, title II, §§ 203, 207(d),
Jan. 6, 1988, 101 Stat. 1605, 1608; Pub. L. 102–237,
title V, § 502(i), Dec. 13, 1991, 105 Stat. 1869; Pub.
L. 102–552, title II, § 202(b), Oct. 28, 1992, 106 Stat.
4106; Pub. L. 115–334, title V, §§ 5408, 5411(34), Dec.
20, 2018, 132 Stat. 4678, 4683.)
Editorial Notes
AMENDMENTS
2018—Pars. (4), (5). Pub. L. 115–334, § 5408, added par.
(4) and redesignated former par. (4) as (5).
Par. (5)(B), (C). Pub. L. 115–334, § 5411(34), redesignated
subpar. (C) as (B), struck out ‘‘after December 31, 1992,’’
before ‘‘mean any’’ and ‘‘by the Farm Credit System
Assistance Board under section 2278a–6 of this title or’’
before ‘‘by the Farm Credit System Insurance Corpora-
tion’’, and struck out former subpar. (B) which read as
follows: ‘‘during the period beginning on January 6,
1988, and ending December 31, 1992, mean any non-
compliance by a System institution, as determined by
the Farm Credit Administration in consultation with
the Assistance Board, with any term or condition im-
posed on the institution by the Assistance Board under
section 2278a–6 of this title; and’’.
1992—Par. (4)(C). Pub. L. 102–552 added subpar. (C).
1991—Par. (3). Pub. L. 102–237 substituted ‘‘part E’’ for
‘‘part D’’.
1988—Par. (3). Pub. L. 100–233, § 207(d), substituted
‘‘Financial Assistance Corporation’’ for ‘‘Capital Cor-
poration’’.
Par. (4). Pub. L. 100–233, § 203, amended par. (4) gen-
erally. Prior to amendment, par. (4) read as follows:
‘‘the term ‘unsafe or unsound practice’ shall have the
mea
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