Sec. 108. USE OF SUBORDINATED DEBT TO PROTECT FINANCIAL SYSTEM AND DEPOSIT FUNDS FROM “TOO BIG TO FAIL” INSTITUTIONS
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## SEC. 108 USE OF SUBORDINATED DEBT TO PROTECT FINANCIAL SYSTEM AND DEPOSIT FUNDS FROM “TOO BIG TO FAIL” INSTITUTIONS **[**[12 U.S.C. 4801](/us/usc/t12/s4801) nt**]** ###
(a)Study Required The Board of Governors of the Federal Reserve System and the Secretary of the Treasury shall conduct a study of— ####
(1)the feasibility and appropriateness of establishing a requirement that, with respect to large insured depository institutions and depository institution holding companies the failure of which could have serious adverse effects on economic conditions or financial stability, such institutions and holding companies maintain some portion of their capital in the form of subordinated debt in order to bring market forces and market discipline to bear on the operation of, and the assessment of the viability of, such institutions and companies and reduce the risk to economic conditions, financial stability, and any deposit insurance fund; ####
(2)if such requirement is feasible and appropriate, the appropriate amount or percentage of capital that should be subordinated debt consistent with such purposes; and ####
(3)the manner in which any such requirement could be incorporated into existing capital standards and other issues relating to the transition to such a requirement. ###
(b)Report Before the end of the 18-month period beginning on the date of the enactment of this Act, the Board of Governors of the Federal Reserve System and the Secretary of the Treasury shall submit a report to the Congress containing the findings and conclusions of the Board and the Secretary in connection with the study required under subsection (a), together with such legislative and administrative proposals as the Board and the Secretary may determine to be appropriate. ###
(c)Definitions For purposes of subsection (a), the following definitions shall apply: ####
(1)Bank holding company The term “**bank holding company**” has the meaning given the term in section 2 of the Bank Holding Company Act of 1956. ####
(2)Insured depository institution The term “**insured depository institution**” has the meaning given the term in section 3(c) of the Federal Deposit Insurance Act. ####
(3)Subordinated debt The term “**subordinated debt**” means unsecured debt that— #####
(A)has an original weighted average maturity of not less than 5 years; #####
(B)is subordinated as to payment of principal and interest to all other indebtedness of the bank, including deposits; #####
(C)is not supported by any form of credit enhancement, including a guarantee or standby letter of credit; and #####
(D)is not held in whole or in part by any affiliate or institution-affiliated party of the insured depository institution or bank holding company.
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Sec. 108
USE OF SUBORDINATED DEBT TO PROTECT FINANCIAL SYSTEM AND DEPOSIT FUNDS FROM “TOO BIG TO FAIL” INSTITUTIONS
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