12 U.S.C. § 5613: Additional related matters

Summary

Starting July 21, 2010, the FDIC cannot create a widely available debt guarantee program when section 5612 would provide that authority instead. If, after July 21, 2010, a bank, a depository institution holding company, or any other participant in a program under section 5612 or in a program under 1823(c)(4)(G)(i) fails to pay a debt the FDIC guaranteed, the FDIC must act. If an insured depository institution defaults, the FDIC must appoint itself as receiver. If a non‑insured participant defaults, the FDIC must either seek resolution under section 5382 (as provided in section 5383) and require the company to file under 11 U.S.C. 301 if the FDIC is not receiver within 30 days of default, or the FDIC may file an involuntary bankruptcy petition under 11 U.S.C. 303.

Title 12, §5613

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(a)Suspension of parallel Federal Deposit Insurance Act authority

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)Omitted

(c)Effect of default on an FDIC guarantee

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.

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.

§5613 Additional Related Matters

Summary

Title 12, §5613

Notes & Related Subsidiaries

Editorial Notes

Citations & Metadata