Title 12Banks and BankingRelease 119-73not60

§2015 Lending Authority

Title 12 › Chapter 23— FARM CREDIT SYSTEM › Subchapter I— FARM CREDIT BANKS › § 2015

Last updated Apr 3, 2026|Official source

Summary

Farm Credit Banks can make or join long-term real estate mortgage loans in rural areas or to people who produce or harvest aquatic products. Those loans must be for at least 5 years and no more than 40 years. They can also agree in advance to make such loans, give other financial help, and buy or discount notes from Federal land bank associations when those notes were used to finance eligible borrowers under section 2279b(a). The banks can lend to and buy paper from many kinds of farm lenders and banks, and they can work with production credit associations and other Farm Credit System institutions. All of these loans and purchases must follow rules set by the Farm Credit Administration and usually must be secured by collateral. A lender’s paper plus its direct and contingent liabilities cannot exceed ten times its paid-in and unimpaired capital and surplus, or any smaller legal limit. A national bank that already owes money to a Farm Credit Bank cannot borrow more if that would push it past this limit. The rules must make services reasonably available to institutions that mainly lend for agricultural or aquatic purposes, need extra funds, have limited access to capital markets, and will not use the funds to lend for other purposes. A Farm Credit Bank may charge fees for commitments. The bank normally counts a financing institution together with its affiliates as one for these rules; the bank decides first and the Farm Credit Administration decides if the bank denies service. Existing discount relationships that existed on December 24, 1980 do not have to end.

Full Legal Text

Title 12, §2015

Banks and Banking — Source: USLM XML via OLRC

(a)(1)The Farm Credit Banks may make or participate with other lenders in long-term real estate mortgage loans in rural areas, as defined by the Farm Credit Administration, or to producers or harvesters of aquatic products, and make continuing commitments to make such loans under specified circumstances, for a term of not less than 5 nor more than 40 years.
(2)The Farm Credit Banks may provide and extend financial assistance to, and discount for, or purchase from, a Federal land bank association any note, draft, or other obligation with the endorsement or guarantee of the association, the proceeds of which have been advanced to persons eligible and for purposes of financing by the association, as authorized under section 2279b(a) of this title.
(b)(1)The Farm Credit Banks are authorized to make loans and extend other similar financial assistance to and to discount for or purchase from—
(A)any production credit association, or
(B)any national bank, State bank, trust company, agricultural credit corporation, incorporated livestock loan company, savings institution, credit union, or any association of agricultural producers engaged in the making of loans to farmers and ranchers, and any corporation engaged in the making of loans to producers or harvesters of aquatic products,
(2)The Farm Credit Banks may participate with one or more production credit associations or other Farm Credit Banks in the making of loans to eligible borrowers and may participate with one or more other Farm Credit System institutions in loans made under this subchapter or other subchapters of this chapter on the basis prescribed in section 2206 of this title.
(3)(A)No paper shall be purchased from or discounted for, and no loans shall be made or other similar financial assistance extended by a Farm Credit Bank to any entity identified in paragraph (1)(B) of this subsection if the amount of such paper added to the aggregate liabilities of such entity, whether direct or contingent (other than bona fide deposit liabilities), exceeds ten times the paid-in and unimpaired capital and surplus of such entity or the amount of such liabilities permitted under the laws of the jurisdiction creating such institution, whichever is the lesser.
(B)It shall be unlawful for any national bank which is indebted to any Farm Credit Bank, on paper discounted or purchased under paragraph (1), to incur any additional indebtedness, if by virtue of such additional indebtedness its aggregate liabilities direct or contingent, will exceed the limitation described in subparagraph (A).
(4)(A)All of the loans, financial assistance, discounts and purchases authorized by this subsection shall be subject to regulations of the Farm Credit Administration and shall be secured by collateral, if any, as may be required in such regulations.
(B)The regulations shall assure that such loans, financial assistance, discounts, and purchases are available on a reasonable basis to any financing institution authorized to receive such services under paragraph (1)(B) of this subsection, and that—
(i)is significantly involved in lending for agricultural or aquatic purposes;
(ii)demonstrates a continuing need for supplementary sources of funds to meet the credit requirements of its agricultural or aquatic borrowers;
(iii)has limited access to national or regional capital markets; and
(iv)does not use such services to expand its financing activities to persons and for purposes other than those authorized under subchapter II.
(C)The regulations may authorize a Farm Credit Bank to charge reasonable fees for any commitment to extend service under this section to such a financing institution.
(D)For purposes of this subsection, a financing institution together with the subsidiaries and affiliates of such may be considered as one, but such determination to consider such institution together with the subsidiaries and affiliates of such as one shall be made in the first instance by the bank and in the event of a denial by the bank of its services to a financial institution, then by the Farm Credit Administration on a case-by-case basis with due regard to the total relationship of the financing institution, its subsidiaries, and affiliates.
(5)Nothing in this section shall require termination of discount relationships in existence on December 24, 1980.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification In subsec. (b)(5), “December 24, 1980” substituted for “the

Effective Date

of the Farm Credit Act

Amendments

of 1980”.

Prior Provisions

A prior section 2015, Pub. L. 92–181, title I, § 1.7, Dec. 10, 1971, 85 Stat. 585; Pub. L. 96–592, title I, § 104, Dec. 24, 1980, 94 Stat. 3438; Pub. L. 99–509, title I, § 1033(a), Oct. 21, 1986, 100 Stat. 1877, related to interest rates and other charges, prior to the general amendment of this subchapter by Pub. L. 100–233, § 401.

Amendments

1988—Subsec. (a). Pub. L. 100–399, § 401(e), inserted in heading “and related assistance” and amended text generally. Prior to amendment, text read as follows: “The Farm Credit Banks are authorized to make or participate with other lenders in long-term real estate mortgage loans in rural areas, as defined by the Farm Credit Administration, or to producers or harvesters of aquatic products, and make continuing commitments to make such loans under specified circumstances, for a term of not less than 5 nor more than 40 years.” Subsec. (b)(2). Pub. L. 100–399, § 401(f)(1), struck out provision that banks may own and lease or lease with an option to purchase to persons eligible for assistance under this subchapter, equipment needed in the operations of such persons. Subsec. (b)(3). Pub. L. 100–399, § 401(f)(2), substituted in heading “services” for “assistance” and in subpar. (B) “described in subparagraph (A)” for “herein contained”. Subsec. (b)(4)(A). Pub. L. 100–399, § 401(f)(3), substituted “subsection” for “section”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1988 AmendmentAmendment by Pub. L. 100–399 effective immediately after amendment made by section 401 of Pub. L. 100–233, which was effective 6 months after Jan. 6, 1988, see section 1001(b) of Pub. L. 100–399, set out as a note under section 2002 of this title.

Effective Date

Pub. L. 100–233, title IV, § 401, Jan. 6, 1988, 101 Stat. 1622, provided that this section is effective 6 months after Jan. 6, 1988.

Reference

Citations & Metadata

Citation

12 U.S.C. § 2015

Title 12Banks and Banking

Last Updated

Apr 3, 2026

Release point: 119-73not60