Title 12, Banks and BankingRelease 119-110

§4632 Temporary Cease-and-desist Orders

Title 12 › CHAPTER 46 — GOVERNMENT SPONSORED ENTERPRISES › SUBCHAPTER III — ENFORCEMENT PROVISIONS › § 4632

Last updated Sep 22, 2026|Official source

Summary

The Director can quickly order a regulated company or a related person to stop certain actions and to take steps to prevent or fix harm if the Director finds the charged conduct is likely to cause insolvency, big losses of assets or earnings, or to weaken the company before the case finishes. The temporary order can include other steps the law allows. It becomes effective when served and stays in effect until the Director drops the charges or a later cease-and-desist under section 4631 replaces it, unless a court limits or suspends it. If the Director finds a company’s books are so incomplete or wrong that the company’s financial condition or important transactions cannot be understood, the Director can order the company to stop the activity that caused the problem and to fix the records. Those orders take effect on service and last until the related case ends or the Director finds the records accurate. Anyone served may ask the U.S. District Court for the District of Columbia within 10 days for an injunction to set aside, limit, or suspend the order. The Director can also go to that court to enforce the order, and the court must issue an injunction if it finds a violation.

Full Legal Text

Title 12, §4632

Banks and Banking, Source: USLM XML via OLRC

(a)Grounds for issuance
(1)In general
If the Director determines that the actions specified in the notice of charges served upon a regulated entity or any entity-affiliated party pursuant to section 4631(a) of this title, or the continuation thereof, is likely to cause insolvency or significant dissipation of assets or earnings of that entity, or is likely to weaken the condition of that entity prior to the completion of the proceedings conducted pursuant to section 4631 and 4633 of this title, the Director may—
(A)issue a temporary order requiring that regulated entity or entity-affiliated party to cease and desist from any such violation or practice; and
(B)require that regulated entity or entity-affiliated party to take affirmative action to prevent or remedy such insolvency, dissipation, condition, or prejudice pending completion of such proceedings.
(2)Additional requirements
An order issued under paragraph (1) may include any requirement authorized under subsection 4631(d) of this title.
(b)Effective date
An order issued pursuant to subsection (a) shall become effective upon service upon the regulated entity, executive officer, director, or entity-affiliated party and, unless set aside, limited, or suspended by a court in proceedings pursuant to subsection (d), shall remain in effect and enforceable pending the completion of the proceedings pursuant to such notice and shall remain effective until the Director dismisses the charges specified in the notice or until superseded by a cease-and-desist order issued pursuant to section 4631 of this title.
(c)Incomplete or inaccurate records
(1)Temporary order
If a notice of charges served under section 4631(a) or (b) of this title specifies on the basis of particular facts and circumstances that the books and records of the regulated entity served are so incomplete or inaccurate that the Director is unable, through the normal supervisory process, to determine the financial condition of the regulated entity or the details or the purpose of any transaction or transactions that may have a material effect on the financial condition of that regulated entity, the Director may issue a temporary order requiring—
(A)the cessation of any activity or practice which gave rise, whether in whole or in part, to the incomplete or inaccurate state of the books or records; or
(B)affirmative action to restore the books or records to a complete and accurate state.
(2)Effective period
Any temporary order issued under paragraph (1)—
(A)shall become effective upon service; and
(B)unless set aside, limited, or suspended by a court in proceedings pursuant to subsection (d), shall remain in effect and enforceable until the earlier of—
(i)the completion of the proceeding initiated under section 4631 of this title in connection with the notice of charges; or
(ii)the date the Director determines, by examination or otherwise, that the books and records of the regulated entity are accurate and reflect the financial condition of the regulated entity.
(d)Judicial review
A regulated entity, executive officer, director, or entity-affiliated party that has been served with a temporary order pursuant to this section may apply to the United States District Court for the District of Columbia within 10 days after such service for an injunction setting aside, limiting, or suspending the enforcement, operation, or effectiveness of the order pending the completion of the administrative proceedings pursuant to the notice of charges served upon the enterprise, executive officer, director, or entity-affiliated party under section 4631(a) or (b) of this title. Such court shall have jurisdiction to issue such injunction.
(e)Enforcement by Attorney General
In the case of violation or threatened violation of, or failure to obey, a temporary order issued pursuant to this section, the Director may bring an action in the United States District Court for the District of Columbia for an injunction to enforce such order. If the court finds any such violation, threatened violation, or failure to obey, the court shall issue such injunction.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2008—Subsec. (a). Pub. L. 110–289, § 1152(1), added subsec. (a) and struck out former subsec. (a) which related to grounds for issuance and scope of temporary cease-and-desist orders. Subsec. (b). Pub. L. 110–289, § 1152(2), substituted “director, or entity-affiliated party” for “or director” and “regulated entity” for “enterprise”. Subsec. (c). Pub. L. 110–289, § 1152(3), substituted “regulated entity” for “enterprise” wherever appearing. Subsec. (d). Pub. L. 110–289, § 1152(4), substituted “A regulated entity” for “An enterprise” and “director, or entity-affiliated party” for “or director” in two places. Subsec. (e). Pub. L. 110–289, § 1152(5)(B), which directed the striking of “or may, under the direction and control of the Attorney General, bring such action”, was executed by striking “or may, under the direction and control of the Attorney General, bring such an action” after “such order” to reflect the probable intent of Congress. Pub. L. 110–289, § 1152(5)(A), struck out “request the Attorney General of the United States to” after “Director may”.

Reference

Citations & Metadata

Citation

12 U.S.C. § 4632

Title 12, Banks and Banking

Last Updated

Sep 22, 2026

Release point: 119-110