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

Summary

Bring any lawsuit about a national bank that the FDIC is running, or a suit against the FDIC in that role, in the court located where the bank’s main office is. If a state, county, or city court has power over the case, file it in that local court in the county or city where the bank’s main office is; otherwise use the U.S. district court for that same area.

Title 12, §94

Banks and Banking — Source: USLM XML via OLRC

Any action or proceeding against a national banking association for which the Federal Deposit Insurance Corporation has been appointed receiver, or against the Federal Deposit Insurance Corporation as receiver of such association, shall be brought in the district or territorial court of the United States held within the district in which that association’s principal place of business is located, or, in the event any State, county, or municipal court has jurisdiction over such an action or proceeding, in such court in the county or city in which that association’s principal place of business is located.

Notes & Related Subsidiaries

Editorial Notes

Codification The last sentence of R.S. § 5198, as added by act Feb. 18, 1875, ch. 80, § 1, 18 Stat. 320, appears to have been derived from act June 3, 1864, ch. 106, § 57, 13 Stat. 116, which was the National Bank Act. See section 38 of this title. Section is comprised of last sentence of R.S. § 5198 as added by act Feb. 18, 1875, ch. 80, § 1, 18 Stat. 320. The remaining sentences of R.S. § 5198 are classified to section 86 of this title. Act Mar. 3, 1911, conferred powers and duties of former circuit courts on district courts.

Amendments

1982—Pub. L. 97–320, as amended by Pub. L. 97–457, amended section generally. Prior to amendment section read as follows: “Actions and proceedings against any association under this chapter may be had in any district or Territorial court of the United States held within the district in which such association may be established, or in any State, county, or municipal court in the county or city in which said association is located having jurisdiction in similar cases.”

Statutory Notes and Related Subsidiaries

Effective Date

of 1983 Amendment Pub. L. 97–457, § 20(b), Jan. 12, 1983, 96 Stat. 2509, provided that: “The amendment made by subsection (a) [amending this section] shall be deemed to have taken effect upon the enactment of Public Law 97–320 [Oct. 15, 1982].”

§94 Venue of Suits