§ 164. Penalty for failure to make reports

727 words·~3 min read·/usc/title-12/section-164

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(a)First tier Any association which—

(1)maintains procedures reasonably adapted to avoid any inadvertent error and, unintentionally and as a result of such an error—

(A)fails to make, obtain, transmit, or publish any report or information required by the Comptroller of the Currency under section 161 of this title, within the period of time specified by the Comptroller; or

(B)submits or publishes any false or misleading report or information; or

(2)inadvertently transmits or publishes any report which is minimally late,

shall be subject to a penalty of not more than $2,000 for each day during which such failure continues or such false or misleading information is not corrected. The association shall have the burden of proving that an error was inadvertent and that a report was inadvertently transmitted or published late.

(b)Second tier Any association which—

(1)fails to make, obtain, transmit, or publish any report or information required by the Comptroller of the Currency under section 161 of this title, within the period of time specified by the Comptroller; or

(2)submits or publishes any false or misleading report or information,

in a manner not described in subsection

(a)shall be subject to a penalty of not more than $20,000 for each day during which such failure continues or such false or misleading information is not corrected.

(c)Third tier Notwithstanding subsections

(a)and (b), if any association knowingly or with reckless disregard for the accuracy of any information or report described in subsection

(b)submits or publishes any false or misleading report or information, the Comptroller may assess a penalty of not more than $1,000,000 or 1 percent of total assets of the association, whichever is less, per day for each day during which such failure continues or such false or misleading information is not corrected.

(d)Assessment; etc. Any penalty imposed under subsection (a), (b), or

(c)shall be assessed and collected by the Comptroller of the Currency in the manner provided in subparagraphs (E), (F), (G), and

(I)of section 1818(i)(2) of this title (for penalties imposed under such section) and any such assessment (including the determination of the amount of the penalty) shall be subject to the provisions of such section.

(e)Hearing Any association against which any penalty is assessed under this subsection 1 shall be afforded an agency hearing if such association submits a request for such hearing within 20 days after the issuance of the notice of assessment. Section 1818(h) of this title shall apply to any proceeding under this section.

(R.S. § 5213; Pub. L. 86–230, § 12, Sept. 8, 1959, 73 Stat. 458; Pub. L. 101–73, title IX, § 911(b)(2), Aug. 9, 1989, 103 Stat. 478.)

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1
Pub. L. 86–230, § 12
73 Stat. 458
Pub. L. 101–73, title IX, § 911(b)(2)
103 Stat. 478
act Mar. 3, 1869, ch. 130
15 Stat. 326
Pub. L. 101–73
Pub. L. 86–230
section 911(i) of Pub. L. 101–73

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§ 164

Penalty for failure to make reports

Fed. Reg.×22

Stat.×2

C.F.R.×1

U.S.C.§ 161

U.S.C.§ 1818

U.S.C.§ 1

Cite1

Pub. L.Pub. L. 86–230, § 12

Stat.73 Stat. 458

Pub. L.Pub. L. 101–73, title IX, § 911(b)(2)

Stat.103 Stat. 478

Cites 13 · showing 8Cited by 25 across 3 sources