Title 12Banks and BankingRelease 119-73

§1426a Exclusion from certain requirements

Title 12 › Chapter CHAPTER 11— - FEDERAL HOME LOAN BANKS › § 1426a

Last updated Apr 6, 2026|Official source

Summary

Gives the Federal Home Loan Banks and their members many specific exemptions from usual federal securities rules. The Banks do not have to follow a number of SEC registration, reporting, transfer, and trust-indentures requirements that normally apply to companies. The Banks also do not have to follow SEC tender-offer rules for their capital stock. Capital stock of the Banks is treated as an exempt security under federal securities law. Debentures, bonds, and other obligations issued by the Banks are treated as government securities. People who trade those stocks or obligations for others are still brokers or dealers, but they are not treated as government-securities brokers or dealers. The Banks are also excused from routine reporting about ordinary related-party deals with members and from reporting some unregistered equity sales. The Securities and Exchange Commission must write any needed rules to carry out these exemptions. When making rules, the SEC must consider certain accounting issues, including the payment to the Resolution Funding Corporation, combined financial statements of the Banks, how redeemable capital stock is classified, and the joint nature of the Banks’ obligations. The words "Bank," "Federal Home Loan Bank," "member," and "Federal Home Loan Bank System" mean their usual things. "Commission" means the Securities and Exchange Commission. "Securities laws" means the usual securities-law meaning.

Full Legal Text

Title 12, §1426a

Banks and Banking — Source: USLM XML via OLRC

(a)The Federal Home Loan Banks shall be exempt from compliance with—
(1)section 78m(e), 78n(a), and 78n(c) of title 15, and related Commission regulations;
(2)section 78o of title 15, and related Commission regulations, with respect to transactions in the capital stock of a Federal Home Loan Bank;
(3)section 78q–1 of title 15, and related Commission regulations, with respect to the transfer of the securities of a Federal Home Loan Bank; and
(4)the Trust Indenture Act of 1939 [15 U.S.C. 77aaa et seq.].
(b)The members of the Federal Home Loan Bank System shall be exempt from compliance with section 78m(d), 78m(f), 78m(g), 78n(d), and 78p of title 15, and related Commission regulations, with respect to ownership of or transactions in the capital stock of the Federal Home Loan Banks by such members.
(c)(1)The capital stock issued by each of the Federal Home Loan Banks under section 1426 of this title are—
(A)exempted securities, within the meaning of section 77c(a)(2) of title 15; and
(B)exempted securities, within the meaning of section 78c(a)(12)(A) of title 15, except to the extent provided in section 78oo of title 15.
(2)The debentures, bonds, and other obligations issued under section 1431 of this title are—
(A)exempted securities, within the meaning of section 77c(a)(2) of title 15;
(B)government securities, within the meaning of section 78c(a)(42) of title 15; and
(C)government securities, within the meaning of section 80a–2(a)(16) of title 15.
(3)A person (other than a Federal Home Loan Bank effecting transactions for members of the Federal Home Loan Bank System) that effects transactions in the capital stock or other obligations of a Federal Home Loan Bank, for the account of others or for that person’s own account, as applicable, is a broker or dealer, as those terms are defined in paragraphs (4) and (5), respectively, of section 78c(a) of title 15, but is excluded from the definition of—
(A)the term “government securities broker” under section 78c(a)(43) of title 15; and
(B)the term “government securities dealer” under section 78c(a)(44) of title 15.
(d)The Federal Home Loan Banks shall be exempt from periodic reporting requirements under the securities laws pertaining to the disclosure of—
(1)related party transactions that occur in the ordinary course of the business of the Banks with members; and
(2)the unregistered sales of equity securities.
(e)Commission rules relating to tender offers shall not apply in connection with transactions in the capital stock of the Federal Home Loan Banks.
(f)(1)The Commission shall promulgate such rules and regulations as may be necessary or appropriate in the public interest or in furtherance of this section and the exemptions provided in this section.
(2)In issuing regulations under this section, the Commission shall consider the distinctive characteristics of the Federal Home Loan Banks when evaluating—
(A)the accounting treatment with respect to the payment to the Resolution Funding Corporation;
(B)the role of the combined financial statements of the Federal Home Loan Banks;
(C)the accounting classification of redeemable capital stock; and
(D)the accounting treatment related to the joint and several nature of the obligations of the Banks.
(g)As used in this section—
(1)the terms “Bank”, “Federal Home Loan Bank”, “member”, and “Federal Home Loan Bank System” have the same meanings as in section 1422 of this title;
(2)the term “Commission” means the Securities and Exchange Commission; and
(3)the term “securities laws” has the same meaning as in section 78c(a)(47) of title 15.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Trust Indenture Act of 1939, referred to in subsec. (a)(4), is title III of act May 27, 1933, ch. 38, as added Aug. 3, 1939, ch. 411, 53 Stat. 1149, which is classified generally to subchapter III (§ 77aaa et seq.) of chapter 2A of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see section 77aaa of Title 15 and Tables. Codification Section was enacted as part of the Housing and Economic Recovery Act of 2008, and also as part of the Federal Housing Finance Regulatory Reform Act of 2008, and not as part of the Federal Home Loan Bank Act which comprises this chapter.

Reference

Citations & Metadata

Citation

12 U.S.C. § 1426a

Title 12Banks and Banking

Last Updated

Apr 6, 2026

Release point: 119-73