§5381 — Title 12 Banks and Banking | U.S. Code

Summary

Defines the main words used when the government steps in to take apart and wind down a big financial firm. It tells what each special term means so people use the same language in those cases. Administrative expenses of the receiver: the real costs and other bills the government as receiver pays to run and close the failed company. Bankruptcy Code: the federal bankruptcy law in Title 11. Bridge financial company: a new company the government can set up to keep critical parts running during a wind‑down. Claim: any right to be paid, no matter its form or status. Company: same basic meaning used elsewhere in the law, and it can include companies mostly owned by the U.S. or a State. Court: the U.S. District Court for the District of Columbia unless stated otherwise. Covered broker or dealer: a covered financial company that is a registered broker or dealer and a SIPC member. Covered financial company: a financial company that has been formally declared to be covered and is not an insured bank. Covered subsidiary: a subsidiary of a covered financial company, except insured banks, insurance companies, or covered brokers/dealers. Customer and related broker terms: mean what they mean under securities law. Financial company: includes bank holding companies, nonbank financial companies supervised by the Board, companies mostly doing financial activities, and their subsidiaries, but excludes Farm Credit System institutions, governmental entities, and certain regulated entities. Fund: the Orderly Liquidation Fund. Insurance company: a business that sells insurance, is regulated by a State insurance regulator, and is covered by State insolvency laws. Nonbank financial company and nonbank financial company supervised by the Board: have the meanings given elsewhere in the law. SIPC: the Securities Investor Protection Corporation. A company is not considered “predominantly” financial unless 85 percent or more of its consolidated revenue comes from those financial activities, as set by regulation and counting revenue from owning or controlling a depository institution.

Title 12, §5381

Banks and Banking — Source: USLM XML via OLRC

(a)In this subchapter, the following definitions shall apply:

(1)The term “administrative expenses of the receiver” includes—

(A)the actual, necessary costs and expenses incurred by the Corporation as receiver for a covered financial company in liquidating a covered financial company; and

(B)any obligations that the Corporation as receiver for a covered financial company determines are necessary and appropriate to facilitate the smooth and orderly liquidation of the covered financial company.

(2)The term “Bankruptcy Code” means title 11.

(3)The term “bridge financial company” means a new financial company organized by the Corporation in accordance with section 5390(h) of this title for the purpose of resolving a covered financial company.

(4)The term “claim” means any right to payment, whether or not such right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured.

(5)The term “company” has the same meaning as in section 1841(b) of this title, except that such term includes any company described in paragraph (11), the majority of the securities of which are owned by the United States or any State.

(6)The term “Court” means the United States District Court for the District of Columbia, unless the context otherwise requires.

(7)The term “covered broker or dealer” means a covered financial company that is a broker or dealer that—

(A)is registered with the Commission under section 78o(b) of title 15; and

(B)is a member of SIPC.

(8)The term “covered financial company”—

(A)means a financial company for which a determination has been made under section 5383(b) of this title; and

(B)does not include an insured depository institution.

(9)The term “covered subsidiary” means a subsidiary of a covered financial company, other than—

(A)an insured depository institution;

(B)an insurance company; or

(C)a covered broker or dealer.

(10)The terms “customer”, “customer name securities”, “customer property”, and “net equity” in the context of a covered broker or dealer, have the same meanings as in section 78lll of title 15.

(11)The term “financial company” means any company that—

(A)is incorporated or organized under any provision of Federal law or the laws of any State;

(B)is—

(i)a bank holding company, as defined in section 1841(a) of this title;

(ii)a nonbank financial company supervised by the Board of Governors;

(iii)any company that is predominantly engaged in activities that the Board of Governors has determined are financial in nature or incidental thereto for purposes of section 1843(k) of this title other than a company described in clause (i) or (ii); or

(iv)any subsidiary of any company described in any of clauses (i) through (iii) that is predominantly engaged in activities that the Board of Governors has determined are financial in nature or incidental thereto for purposes of section 1843(k) of this title (other than a subsidiary that is an insured depository institution or an insurance company); and

(C)is not a Farm Credit System institution chartered under and subject to the provisions of the Farm Credit Act of 1971, as amended (12 U.S.C. 2001 et seq.), a governmental entity, or a regulated entity, as defined under section 4502(20) of this title.

(12)The term “Fund” means the Orderly Liquidation Fund established under section 5390(n) of this title.

(13)The term “insurance company” means any entity that is—

(A)engaged in the business of insurance;

(B)subject to regulation by a State insurance regulator; and

(C)covered by a State law that is designed to specifically deal with the rehabilitation, liquidation, or insolvency of an insurance company.

(14)The term “nonbank financial company” has the same meaning as in section 5311(a)(4)(C) of this title.

(15)The term “nonbank financial company supervised by the Board of Governors” has the same meaning as in section 5311(a)(4)(D) of this title.

(16)The term “SIPC” means the Securities Investor Protection Corporation.

(b)For purpose of the definition of the term “financial company” under subsection (a)(11), no company shall be deemed to be predominantly engaged in activities that the Board of Governors has determined are financial in nature or incidental thereto for purposes of section 1843(k) of this title, if the consolidated revenues of such company from such activities constitute less than 85 percent of the total consolidated revenues of such company, as the Corporation, in consultation with the Secretary, shall establish by regulation. In determining whether a company is a financial company under this subchapter, the consolidated revenues derived from the ownership or control of a depository institution shall be included.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This subchapter, referred to in text, was in the original “this title”, meaning title II of Pub. L. 111–203, July 21, 2010, 124 Stat. 1442, which is classified principally to this subchapter. For complete classification of title II to the Code, see Tables. The Farm Credit Act of 1971, referred to in subsec. (a)(11)(C), is Pub. L. 92–181, Dec. 10, 1971, 85 Stat. 583, which is classified principally to chapter 23 (§ 2001 et seq.) of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 2001 of this title and Tables.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective 1 day after July 21, 2010, except as otherwise provided, see section 4 of Pub. L. 111–203, set out as a note under section 5301 of this title.

§5381 Definitions