Title 12Banks and BankingRelease 119-73

§339a Resolution of clearing banks

Title 12 › Chapter CHAPTER 3— - FEDERAL RESERVE SYSTEM › Subchapter SUBCHAPTER VIII— - STATE BANKS AS MEMBERS OF SYSTEM › § 339a

Last updated Apr 6, 2026|Official source

Summary

The Board can appoint a conservator or receiver to take control of any uninsured State member bank that runs a multilateral clearing organization under section 4422. The appointment is done in the same way and for the same reasons as when the Comptroller of the Currency appoints a conservator or receiver for a national bank. The conservator or receiver will have the same powers, duties, and limits as one for a national bank. The Board has the same authority over that conservator or receiver and the bank as the Comptroller has with a national bank. The Board can also order the conservator or receiver to file a case under title 11, and if it does, title 11 applies to the bank instead of other federal or state insolvency laws.

Full Legal Text

Title 12, §339a

Banks and Banking — Source: USLM XML via OLRC

(a)(1)The Board may appoint a conservator or receiver to take possession and control of any uninsured State member bank which operates, or operates as, a multilateral clearing organization pursuant to section 4422 11 See References in Text note below. of this title to the same extent and in the same manner as the Comptroller of the Currency may appoint a conservator or receiver for a national bank.
(2)The conservator or receiver for an uninsured State member bank referred to in paragraph (1) shall exercise the same powers, functions, and duties, subject to the same limitations, as a conservator or receiver for a national bank.
(b)The Board shall have the same authority with respect to any conservator or receiver appointed under subsection (a), and the uninsured State member bank for which the conservator or receiver has been appointed, as the Comptroller of the Currency has with respect to a conservator or receiver for a national bank and the national bank for which the conservator or receiver has been appointed.
(c)The Board (in the case of an uninsured State member bank which operates, or operates as, such a multilateral clearing organization) may direct a conservator or receiver appointed for the bank to file a petition pursuant to title 11, in which case, title 11 shall apply to the bank in lieu of otherwise applicable Federal or State insolvency law.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 4422 of this title, referred to in subsec. (a)(1), was repealed by Pub. L. 111–203, title VII, § 740, July 21, 2010, 124 Stat. 1729. Codification Section was enacted as section 9B of act Dec. 13, 1913, and not as part of section 9 of such act which comprises this subchapter.

Reference

Citations & Metadata

Citation

12 U.S.C. § 339a

Title 12Banks and Banking

Last Updated

Apr 6, 2026

Release point: 119-73