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12 U.S.C. § 4642 — Reporting of fraudulent loans
Federal law — U.S. Code and appendices · legal_authorities
Page 1725
TITLE 12—BANKS AND BANKING
§ 4701
or may, under the direction and control of the Attor-
ney General, bring such an action. Such courts shall
have jurisdiction and power to order and require com-
pliance therewith.’’ See Codification note above.
Subsec. (d). Pub. L. 110–289, § 1158(a)(4), inserted ‘‘en-
terprise-affiliated party’’ before ‘‘may allow’’. See
Codification note above.
Pub. L. 110–289, § 1156(b)(4), which directed substi-
tution of ‘‘regulated entity’’ for ‘‘enterprise’’, was exe-
cuted by making the substitution in two places to re-
flect the probable intent of Congress.
Subsec. (e). Pub. L. 110–289, § 1158(a)(5), added subsec.
(e). See Codification note above.
§ 4642. Reporting of fraudulent loans
(a) Requirement to report
The Director shall require a regulated entity
to submit to the Director a timely report upon
discovery by the regulated entity that it has
purchased or sold a fraudulent loan or financial
instrument, or suspects a possible fraud relating
to the purchase or sale of any loan or financial
instrument. The Director shall require each reg-
ulated entity to establish and maintain proce-
dures designed to discover any such trans-
actions.
(b) Protection from liability for reports
Any regulated entity that, in good faith,
makes a report pursuant to subsection (a), and
any entity-affiliated party, that, in good faith,
makes or requires another to make any such re-
port, shall not be liable to any person under any
provision of law or regulation, any constitution,
law, or regulation of any State or political sub-
division of any State, or under any contract or
other legally enforceable agreement (including
any arbitration agreement) for such report or
for any failure to provide notice of such report
to the person w
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Source location: USCODE-2024-title12-chap46-subchapIII-sec4642.pdf
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Page 1725
TITLE 12—BANKS AND BANKING
§ 4701
or may, under the direction and control of the Attor-
ney General, bring such an action. Such courts shall
have jurisdiction and power to order and require com-
pliance therewith.’’ See Codification note above.
Subsec. (d). Pub. L. 110–289, § 1158(a)(4), inserted ‘‘en-
terprise-affiliated party’’ before ‘‘may allow’’. See
Codification note above.
Pub. L. 110–289, § 1156(b)(4), which directed substi-
tution of ‘‘regulated entity’’ for ‘‘enterprise’’, was exe-
cuted by making the substitution in two places to re-
flect the probable intent of Congress.
Subsec. (e). Pub. L. 110–289, § 1158(a)(5), added subsec.
(e). See Codification note above.
§ 4642. Reporting of fraudulent loans
(a) Requirement to report
The Director shall require a regulated entity
to submit to the Director a timely report upon
discovery by the regulated entity that it has
purchased or sold a fraudulent loan or financial
instrument, or suspects a possible fraud relating
to the purchase or sale of any loan or financial
instrument. The Director shall require each reg-
ulated entity to establish and maintain proce-
dures designed to discover any such trans-
actions.
(b) Protection from liability for reports
Any regulated entity that, in good faith,
makes a report pursuant to subsection (a), and
any entity-affiliated party, that, in good faith,
makes or requires another to make any such re-
port, shall not be liable to any person under any
provision of law or regulation, any constitution,
law, or regulation of any State or political sub-
division of any State, or under any contract or
other legally enforceable agreement (including
any arbitration agreement) for such report or
for any failure to provide notice of such report
to the person who is the subject of such report
or any other persons identified in the report.
(Pub. L. 102–550, title XIII, § 1379E, as added Pub.
L. 110–289, div. A, title I, § 1115, July 30, 2008, 122
Stat. 2681.)
CHAPTER 47—COMMUNITY DEVELOPMENT
BANKING
SUBCHAPTER I—COMMUNITY DEVELOPMENT
BANKING AND FINANCIAL INSTITUTIONS
Sec.
4701.
Findings and purposes.
4702.
Definitions.
4703.
Establishment of national Fund for commu-
nity development banking.
4703a.
Capital investments for neighborhoods dis-
proportionately impacted by the COVID–19
pandemic.
4704.
Applications for assistance.
4705.
Community partnerships.
4706.
Selection of institutions.
4707.
Assistance provided by Fund.
4708.
Training.
4709.
Encouragement of private entities.
4710.
Collection and compilation of information.
4711.
Investment of receipts and proceeds.
4712.
Capitalization assistance to enhance liquid-
ity.
4713.
Incentives for depository institution partici-
pation.
4713a.
Guarantees for bonds and notes issued for
community or economic development pur-
poses.
4714.
Recordkeeping.
4715.
Special provisions with respect to institu-
tions that are supervised by Federal bank-
ing agencies.
Sec.
4716.
Studies and reports; examination and audit.
4717.
Enforcement.
4718.
Authorization of appropriations.
4719.
Grants to establish loan-loss reserve funds.
SUBCHAPTER II—SMALL BUSINESS CAPITAL
ENHANCEMENT
4741.
Findings and purposes.
4742.
Definitions.
4743.
Approving States for participation.
4744.
Participation agreements.
4745.
Terms of participation agreements.
4746.
Reports.
4747.
Reimbursement by Fund.
4748.
Reimbursement to Fund.
4749.
Regulations.
4750.
Authorization of appropriations.
SUBCHAPTER
I—COMMUNITY
DEVELOP-
MENT BANKING AND FINANCIAL INSTI-
TUTIONS
§ 4701. Findings and purposes
(a) Findings
The Congress finds that—
(1) many of the Nation’s urban, rural, and
Native American communities face critical so-
cial and economic problems arising in part
from the lack of economic growth, people liv-
ing in poverty, and the lack of employment
and other opportunities;
(2) the restoration and maintenance of the
economies of these communities will require
coordinated development strategies, intensive
supportive services, and increased access to
equity investments and loans for development
activities, including investment in businesses,
housing, commercial real estate, human devel-
opment, and other activities that promote the
long-term economic and social viability of the
community; and
(3) community development financial insti-
tutions have proven their ability to identify
and respond to community needs for equity in-
vestments, loans, and development services.
(b) Purpose
The purpose of this subchapter is to create a
Community Development Financial Institutions
Fund to promote economic revitalization and
community development through investment in
and assistance to community development fi-
nancial institutions, including enhancing the li-
quidity of community development financial in-
stitutions.
(Pub. L. 103–325, title I, § 102, Sept. 23, 1994, 108
Stat. 2163.)
Editorial Notes
REFERENCES IN TEXT
This subchapter, referred to in subsec. (b), was in
original ‘‘this subtitle’’, meaning subtitle A of title I of
Pub. L. 103–325, Sept. 23, 1994, 108 Stat. 2163, which is
classified principally to this subchapter. For complete
classification of this subtitle to the Code, see Short
Title note below and Tables.
Statutory Notes and Related Subsidiaries
SHORT TITLE
Pub. L. 103–325, § 1(a), Sept. 23, 1994, 108 Stat. 2160, pro-
vided that: ‘‘This Act [see Tables for classification]
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Director shall make available to the public—
(1) any written agreement or other written statement for which a violation may be redressed by the Director or any modification to or termination thereof, unless the Director, in the Director’s discretion, determines that public disclosure would be contrary to the public interest;
(2) any order that is issued with respect to any administrative enforcement proceeding initiated by the Director under this subchapter and that has become final in accordance with sections 4633 and 4634 of this title; and
(3) any modification to or termination of any final order made public pursuant to this subsection.
**(b) Hearings** All hearings on the record with respect to any notice of charges issued by the Director shall be open to the public, unless the Director, in the Director’s discretion, determines that holding an open hearing would be contrary to the public interest.
**(c) Delay of public disclosure under exceptional circumstances** If the Director makes a determination in writing that the public disclosure of any final order pursuant to subsection (a) would seriously threaten the financial health or security of the regulated entity, the Director may delay the public disclosure of such order for a reasonable time.
**(d) Documents filed under seal in public enforcement hearings** The Director may file any document or part thereof under seal in any hearing commenced by the Director if the Director determines in writing that disclosure thereof would be contrary to the public interest.
**(e) Retention of documents** The Director shall keep and maintain a record, for not less than 6 years, of all documents described in subsection (a) and all enforcement agreements and other supervisory actions and supporting do
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