Title 12Banks and BankingRelease 119-73

§3905 Accounting for fees on international loans

Title 12 › Chapter CHAPTER 40— - INTERNATIONAL LENDING SUPERVISION › § 3905

Last updated Apr 6, 2026|Official source

Summary

Banks must not charge a restructuring fee on an international loan that is higher than the actual cost to handle the restructuring unless the bank spreads the extra fee out over the loan’s effective life. Federal banking agencies must make rules to enforce this, starting November 30, 1983. They must also make rules about how banks account for fees (for example, agency, commitment, and management fees) so those fees are recorded as income over the loan’s life, and they must issue those rules within 120 days after November 30, 1983.

Full Legal Text

Title 12, §3905

Banks and Banking — Source: USLM XML via OLRC

(a)(1)In order to avoid excessive debt service burdens on debtor countries, no banking institution shall charge, in connection with the restructuring of an international loan, any fee exceeding the administrative cost of the restructuring unless it amortizes such fee over the effective life of each such loan.
(2)(A)Each appropriate Federal banking agency shall promulgate such regulations as are necessary to further carry out the provisions of this subsection.
(B)The requirement of paragraph (1) shall take effect on November 30, 1983.
(b)(1)Subject to subsection (a), the appropriate Federal banking agencies shall promulgate regulations for accounting for agency, commitment, management and other fees charged by a banking institution in connection with an international loan.
(2)Such regulations shall establish the accounting treatment of such fees for regulatory, supervisory, and disclosure purposes to assure that the appropriate portion of such fees is accrued in income over the effective life of each such loan.
(3)The appropriate Federal banking agencies shall promulgate regulations or orders necessary to implement this subsection within one hundred and twenty days after November 30, 1983.

Reference

Citations & Metadata

Citation

12 U.S.C. § 3905

Title 12Banks and Banking

Last Updated

Apr 6, 2026

Release point: 119-73