Title 12Banks and BankingRelease 119-73

§5613 Additional related matters

Title 12 › Chapter CHAPTER 53— - WALL STREET REFORM AND CONSUMER PROTECTION › Subchapter SUBCHAPTER VI— - FEDERAL RESERVE SYSTEM PROVISIONS › § 5613

Last updated Apr 6, 2026|Official source

Summary

Starting July 21, 2010, the Corporation must not use its authority under section 1823(c)(4)(G)(i) to set up any widely available debt-guarantee program that would be covered by section 5612. If, after that date, a bank or bank holding company taking part in a section 5612 program, or any participant in a debt-guarantee program created under 1823(c)(4)(G)(i), fails to pay a guaranteed debt, the Corporation must act. If the failing firm is an insured depository institution, the Corporation must appoint itself as receiver. If it is a different participating company, the Corporation must consider resolving it under the resolution rules in sections 5383/5382 and either require the company to file a bankruptcy petition under section 301 of title 11 if the Corporation is not receiver within 30 days, or file an involuntary bankruptcy petition for the company under section 303 of title 11. Insured depository institution and depository institution holding company: types of banks or companies that own banks (see section 1813).

Full Legal Text

Title 12, §5613

Banks and Banking — Source: USLM XML via OLRC

(a)Effective upon July 21, 2010, the Corporation may not exercise its authority under section 1823(c)(4)(G)(i) of this title to establish any widely available debt guarantee program for which section 5612 of this title would provide authority.
(b)
(c)If an insured depository institution or depository institution holding company (as those terms are defined in section 1813 of this title) participating in a program under section 5612 of this title, or any participant in a debt guarantee program established pursuant to section 1823(c)(4)(G)(i) of this title defaults on any obligation guaranteed by the Corporation after July 21, 2010, the Corporation shall—
(1)appoint itself as receiver for the insured depository institution that defaults; and
(2)with respect to any other participating company that is not an insured depository institution that defaults—
(A)require—
(i)consideration of whether a determination shall be made, as provided in section 5383 of this title to resolve the company under section 5382 of this title; and
(ii)the company to file a petition for bankruptcy under section 301 of title 11 if the Corporation is not appointed receiver pursuant to section 5382 of this title within 30 days of the date of default; or
(B)file a petition for involuntary bankruptcy on behalf of the company under section 303 of title 11.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification Section is comprised of section 1106 of Pub. L. 111–203. Subsec. (b) of section 1106 of Pub. L. 111–203 amended section 1823 of this title.

Reference

Citations & Metadata

Citation

12 U.S.C. § 5613

Title 12Banks and Banking

Last Updated

Apr 6, 2026

Release point: 119-73