Title 12Banks and BankingRelease 119-73

§5392 Prohibition of circumvention and prevention of conflicts of interest

Title 12 › Chapter CHAPTER 53— - WALL STREET REFORM AND CONSUMER PROTECTION › Subchapter SUBCHAPTER II— - ORDERLY LIQUIDATION AUTHORITY › § 5392

Last updated Apr 6, 2026|Official source

Summary

Only funds under this subchapter may be used to wind down covered financial companies. No government may try to get around the rules here. If the Corporation handles multiple such cases, it must avoid conflicts of interest.

Full Legal Text

Title 12, §5392

Banks and Banking — Source: USLM XML via OLRC

(a)Funds for the orderly liquidation of any covered financial company under this subchapter shall only be provided as specified under this subchapter.
(b)No governmental entity may take any action to circumvent the purposes of this subchapter.
(c)In the event that the Corporation is appointed receiver for more than 1 covered financial company or is appointed receiver for a covered financial company and receiver for any insured depository institution that is an affiliate of such covered financial company, the Corporation shall take appropriate action, as necessary to avoid any conflicts of interest that may arise in connection with multiple receiverships.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

This subchapter, referred to in subsecs. (a) and (b), 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.

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.

Reference

Citations & Metadata

Citation

12 U.S.C. § 5392

Title 12Banks and Banking

Last Updated

Apr 6, 2026

Release point: 119-73