12 U.S.C. § 2131: Loans

Summary

The bank’s board decides the interest rates on loans to cooperatives. They must try to offer the credit borrowers need at the lowest reasonable cost while covering the bank’s money costs, reserves, expenses, and services. Loan papers can allow the rate to change over time to match the bank’s current rates. The bank sets loan terms and any required security under rules from the Farm Credit Administration. The bank also has the first claim on any stock or ownership a borrower has in the bank as collateral. If a borrower defaults or is being liquidated, the bank may cancel or retire some or all of that person’s stock, surplus, or other equity at fair market value not above par. The bank cannot cancel equities if doing so would harm its capital structure, as determined by the Farm Credit Administration.

Title 12, §2131

Banks and Banking, Source: USLM XML via OLRC

(a)Interest rates and charges

Loans made by a bank for cooperatives shall bear interest at a rate or rates determined by the board of directors of the bank from time to time. In setting rates and charges, it shall be the objective to provide the types of credit needed by eligible borrowers at the lowest reasonable cost on a sound business basis, taking into account the net cost of money to the bank, necessary reserves and expenses of the bank, and services provided. The loan documents may provide for the interest rate or rates to vary from time to time during the repayment period of the loan, in accordance with the rate or rates currently being charged by the bank.

(b)Security

Loans shall be made upon such terms, conditions, and security, if any, as may be determined by the bank in accordance with regulations of the Farm Credit Administration.

(c)Lien

Each bank for cooperatives shall have a first lien on all stock or other equities in the bank as collateral for the payment of any indebtedness of the owner thereof to the bank.

(d)Cancellation; application on indebtedness

In any case where the debt of a borrower is in default, or in any case of liquidation or dissolution of a present or former borrower from a bank for cooperatives, the bank may, but shall not be required to, retire and cancel all or a part of the stock, allocated surplus or contingency reserves, or any other equity in the bank owned by or allocated to such borrower, at the fair market value thereof not exceeding par, and, to the extent required in such cases, corresponding shares and allocations and other equity interests held by a bank in another bank for cooperatives (or any successor bank) on account of such indebtedness, shall be retired or equitably adjusted. In no event shall the bank’s equities be retired or canceled if the retirement or cancellation would adversely affect the bank’s capital structure, as determined by the Farm Credit Administration.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2018—Subsec. (c). Pub. L. 115–334, § 5411(10)(A), struck out at end “In the case of a direct loan to an eligible cooperative by the Central Bank, the Central Bank shall have a first lien on the stock and equities of the borrower in the district bank and the district bank shall have a lien thereon junior only to the lien of the Central Bank.” Subsec. (d). Pub. L. 115–334, § 5411(10)(B), substituted “held by a bank in another bank for cooperatives (or any successor bank) on account of such indebtedness” for “held by a district bank in another district bank on account of such indebtedness”. 1986—Subsec. (a). Pub. L. 99–509 struck out “, with the approval of the Farm Credit Administration as provided in section 2205 of this title” after “from time to time”. 1980—Subsec. (a). Pub. L. 96–592, § 307(1), inserted reference to section 2205 of this title. Subsec. (d). Pub. L. 96–592, § 307(2), substituted “market” for “book” and inserted provisions respecting retirement or cancellation of equities as affected by the capital structure.

§2131 Loans

Summary

Title 12, §2131

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata