Sec. 11A. FSLIC RESOLUTION FUND
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## SEC. 11A FSLIC RESOLUTION FUND **[**[12 U.S.C. 1821a](/us/usc/t12/s1821a)**]** ###
(a)Established ####
(1)In general There is established a separate fund to be designated as the FSLIC Resolution Fund which shall be managed by the Corporation and separately maintained and not commingled. ####
(2)Transfer of fslic assets and liabilities Except39 as provided in section 21A of the Federal Home Loan Bank Act, all assets and liabilities of the Federal Savings and Loan Insurance Corporation on the day before the date of the enactment of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 shall be transferred to the FSLIC Resolution Fund. 39The format for the heading provided for in the amendment in section 8(a)(15)(A) of Public Law 109–173 (119 Stat. 3612) is boldface type instead of lightface cap and small caps as follows: ‶liabilities.—″. Amendment executed to reflect the probable intent of Congress. ####
(3)Separate holding Assets and liabilities transferred to the FSLIC Resolution Fund shall be the assets and liabilities of the Fund and not of the Corporation and shall not be consolidated with the assets and liabilities of the Deposit Insurance Fund or the Corporation for accounting, reporting, or any other purpose. ####
(4)Rights, powers, and duties Effective August 10, 1989, the Corporation shall have all rights, powers, and duties to carry out the Corporation's duties with respect to the assets and liabilities of the FSLIC Resolution Fund that the Corporation otherwise has under this Act. ####
(5)Corporation as conservator or receiver #####
(A)In general Effective August 10, 1989, the Corporation shall succeed the Federal Savings and Loan Insurance Corporation as conservator or receiver with respect to any depository institution— ######
(i)the accounts of which were insured before August 10, 1989 by the Federal Savings and Loan Insurance Corporation; and ######
(ii)for which a conservator or receiver was appointed before January 1, 1989. #####
(B)Rights, powers, and duties When acting as conservator or receiver with respect to any depository institution described in subparagraph (A), the Corporation shall have all rights, powers, and duties that the Corporation otherwise has as conservator or receiver under this Act. ###
(b)Source of Funds The FSLIC Resolution Fund shall be funded from the following sources to the extent funds are needed in the listed priority: ####
(1)Income earned on assets of the FSLIC Resolution Fund. ####
(2)Liquidating dividends and payments made on claims received by the FSLIC Resolution Fund from receiverships to the extent such funds are not required by the Resolution Funding Corporation pursuant to section 21B of the Federal Home Loan Bank Act or the Financing Corporation pursuant to section 21 of such Act. ####
(3)Amounts borrowed by the Financing Corporation pursuant to section 21 of the Federal Home Loan Bank Act. ###
(c)Treasury Backup ####
(1)In general If the funds described in subsections
(a)and
(b)are insufficient to satisfy the liabilities of the FSLIC Resolution Fund, the Secretary of the Treasury shall pay to the Fund such amounts as may be necessary, as determined by the Corporation and the Secretary, for FSLIC Resolution Fund purposes. ####
(2)Authorization of appropriations There are authorized to be appropriated to the Secretary of the Treasury, without fiscal year limitation, such sums as may be necessary to carry out this section. ###
(d)Legal Proceedings Any judgment resulting from a proceeding to which the Federal Savings and Loan Insurance Corporation was a party prior to its dissolution or which is initiated against the Corporation with respect to the Federal Savings and Loan Insurance Corporation or with respect to the FSLIC Resolution Fund shall be limited to the assets of the FSLIC Resolution Fund. ###
(e)Transfer of Net Proceeds From Sale of RTC Assets The FSLIC Resolution Fund shall transfer to the Resolution Funding Corporation any net proceeds from the sale of assets acquired from the Resolution Trust Corporation upon the termination of such Corporation pursuant to section 21A of the Federal Home Loan Bank Act. ###
(f)Dissolution The FSLIC Resolution Fund shall be dissolved upon satisfaction of all debts and liabilities and sale of all assets. Upon dissolution any remaining funds shall be paid into the Treasury. Any administrative facilities and supplies, including offices and office supplies, shall be transferred to the Corporation for use by and to be held as assets of the Deposit Insurance Fund.
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U.S. Code
2 references not yet in our index
- Pub. L. 109-173
- 119 Stat. 3612
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