§1788 — Title 12 Banks and Banking | U.S. Code

Summary

The Board can lend money to, buy assets from, or open accounts in insured credit unions to reopen ones that have closed, stop ones that are failing from closing, or help a solvent credit union close down voluntarily. Except when helping a voluntary closing, the Board must do this only when it thinks it is needed to protect the insurance fund or the credit union members. The Board may also make loans secured by a credit union’s assets (even junior to members’ or creditors’ claims), buy assets, or guarantee a buyer to help mergers, consolidations, or sales of assets. “Person” here means any credit union, individual, partnership, corporation, trust, estate, cooperative, association, government or government agency, or other entity. Any agreement that would reduce the Board’s rights in an asset it acquires is not valid against the Board unless it is written, signed by the credit union and the claimant at the time the asset was acquired, approved and recorded in the credit union’s board minutes, and kept as an official record. To protect the Fund, the Board may repair, renovate, manage, rent, insure, lease, sell, or otherwise deal with real or personal property and may sell or assign debts, contracts, claims, or securities it holds. The Board may do these things without following chapters 1–11 of title 40 and division C of subtitle I of title 41, except for sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711. Money the Board receives from these actions must be paid into the Fund.

Title 12, §1788

Banks and Banking — Source: USLM XML via OLRC

(a)(1)In order to reopen a closed insured credit union or in order to prevent the closing of an insured credit union which the Board has determined is in danger of closing or in order to assist in the voluntary liquidation of a solvent credit union, the Board, in its discretion, is authorized to make loans to, or purchase the assets of, or establish accounts in such insured credit union upon such terms and conditions as it may prescribe. Except with respect to the voluntary liquidation of a solvent credit union, such loans shall be made and such accounts shall be established only when, in the opinion of the Board, such action is necessary to protect the fund or the interests of the members of the credit union.

(2)Whenever in the judgment of the Board such action will reduce the risk or avert a threatened loss to the fund and will facilitate a merger or consolidation of an insured credit union with another insured credit union, or will facilitate the sale of the assets of an open or closed insured credit union to and assumption of its liability by another person, the Board may, upon such terms and conditions as it may determine, make loans secured in whole or in part by assets of an open or closed insured credit union, which loans may be in subordination to the rights of members and creditors of such credit union, or the Board may purchase any of such assets or may guarantee any person against loss by reason of its assuming the liabilities and purchasing the assets of an open or closed insured credit union. For purposes of this paragraph, the term “person” means any credit union, individual, partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency, or other entity.

(3)No agreement which tends to diminish or defeat the right, title, or interest of the Board, in any asset acquired by it under this subsection, either as security for a loan or by purchase, shall be valid against the Board unless such agreement—

(A)shall be in writing;

(B)shall have been executed by the credit union and the person or persons claiming an adverse interest thereunder, including the obligor, contemporaneously with the acquisition of the asset by the credit union;

(C)shall have been approved by the board of directors of the credit union, which approval shall be reflected in the minutes of such board; and

(D)shall have been continuously, from the time of its execution, an official record of the credit union.

(b)For the protection of the Fund, the Board, without regard to chapters 1 to 11 of title 40 and division C (except section 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41, may—

(1)deal with, complete, reconstruct, rent, renovate, modernize, insure, make contracts for the management of, sell for cash or credit, or lease, in its discretion, any real property acquired or held by it under this section; and

(2)assign or sell at public or private sale, or otherwise dispose of, any evidence of debt, contract, claim, personal property, or security assigned to or held by it under this section.

(c)Money received by the Board in carrying out this section shall be paid into the Fund.

Notes & Related Subsidiaries

Editorial Notes

Codification In subsec. (b), “chapters 1 to 11 of title 40 and division C (except section 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41” substituted for “the Federal Property and Administrative Services Act of 1949” and “Section 6101 of title 41” substituted for “section 3709 of the Revised Statutes of the United States” on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, which Act enacted Title 40, Public Buildings, Property, and Works, and Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.

Amendments

1987—Subsecs. (c), (d). Pub. L. 100–86 redesignated subsec. (c) as section 1787(j) of this title and subsec. (d) as (c). 1978—Pub. L. 95–630 substituted “Board” for “Administrator” wherever appearing, “it” for “he” and “its” for “him”, and “its” for “his”, where appropriate. 1974—Subsec. (a)(1). Pub. L. 93–383 inserted provisions relating to the voluntary liquidation of a solvent credit union and struck out provisions subordinating loans and accounts to the rights of members and creditors of the credit union. 1971—Subsec. (a)(2). Pub. L. 92–221 substituted “assumption of its liability by another person” for “assumption of its liability by another insured credit union” and “may guarantee any person against loss by reason of his” for “may guarantee any other insured credit union against loss by reason of its” and inserted definition of “person” as that term is used in par. (2).

Statutory Notes and Related Subsidiaries

Effective Date

of 1978 AmendmentAmendment by Pub. L. 95–630 effective on expiration of 120 days after Nov. 10, 1978, and transitional provisions, see section 509 of Pub. L. 95–630, set out as a note under section 1752 of this title.

§1788 Special Assistance to Avoid Liquidation