§ 2155. Liability of banks; United States not liable
987 words·~4 min read·
/usc/title-12/section-2155A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Joint and several liability of banks
(1)Each bank of the System shall be fully liable on notes, bonds, debentures, or other obligations issued by it individually, and shall be liable for the interest payments on long-term notes, bonds, debentures, or other obligations issued by other banks operating under the same subchapter of this chapter.
(A)Each bank shall also be primarily liable for the portion of any issue of consolidated or System-wide obligations made on its behalf and be jointly and severally liable for the payment of any additional sums as called upon by the Farm Credit Administration in order to make payments of interest or principal which any bank primarily liable therefor shall be unable to make.
(B)Such calls first shall be made on all nondefaulting banks in proportion to each such bank’s proportionate share of the aggregate available collateral held by all such banks.
(C)For purposes of this paragraph, the term “available collateral” means the amount (determined at the close of the last calendar quarter ending before such call) by which a bank’s collateral as described in section 2154 of this title exceeds the collateral required to support the bank’s outstanding notes, bonds, debentures, and other similar obligations.
(D)If the Farm Credit Administration makes any such call and the available collateral of all such banks does not fully satisfy the liability necessitating such calls, such calls shall be made on all nondefaulting banks in proportion to each such bank’s remaining assets.
(E)Any System bank that, pursuant to a call by the Farm Credit Administration, makes a payment of principal or interest to the holder of any consolidated or System-wide obligation issued on behalf of another System bank shall be subrogated to all rights of the holder against such other bank to the extent of such payment.
(F)On making such a call with respect to obligations issued on behalf of a System bank, the Farm Credit Administration shall appoint a receiver for the bank, which shall expeditiously liquidate or otherwise wind up the affairs of the bank.
(b)Resolutions as to liability; execution of obligations Each bank participating in an issue shall by appropriate resolution undertake such responsibility as provided in subsection (a), and in the case of consolidated or System-wide obligations shall authorize the execution of such long-term notes, bonds, debentures, or other obligations on its behalf. When a consolidated or System-wide issue is approved, the notes, bonds, debentures, or other obligations shall be executed and the banks shall be liable thereon as provided herein.
(c)United States liability The United States shall not be liable or assume any liability directly or indirectly thereon.
(d)Insurance Fund called on before invoking joint and several liability Beginning 5 years after January 6, 1988, the Farm Credit Administration shall not call on any System institution to satisfy the liability of the institution on any joint, consolidated, or System-wide obligation participated in by the institution or with respect to which the institution is primarily, or jointly and severally, liable, before the Farm Credit Insurance Fund is exhausted, even if the Fund is only able to make a partial payment because of insufficient amounts in the Fund.
(Pub. L. 92–181, title IV, § 4.4, Dec. 10, 1971, 85 Stat. 611; Pub. L. 99–205, title I, § 101(4), title II, § 205(f)(2), Dec. 23, 1985, 99 Stat. 1679, 1706; Pub. L. 100–233, title II, § 207(c), title III, § 303, Jan. 6, 1988, 101 Stat. 1608, 1620; Pub. L. 100–399, title III, § 303, Aug. 17, 1988, 102 Stat. 995.)
Connections16 cite this · traces to 3
Cited by 16 sections · top 11
statutes-at-large
- Public Law 99–205To amend the Farm Credit Act of 1971, to restructure and reform the Farm Credit System, and for other purposes
- Public Law 100–399To make technical corrections to the agricultural credit laws
- Public Law 100–233To provide credit assistance to farmers, to strengthen the Farm Credit System, to facilitate the establishment of secondary markets for agricultural loans, and for other purposes
register
- UnknownFinal rule
- Rules and RegulationsProposed rule
- NoticesNotice of approval of the draft joint and several liability reallocation agreement
- UnknownFinal rule
- Rules and RegulationsAdvance notice of proposed rulemaking
- NoticesNotice of approval of the Draft Third Amended and Restated Market Access Agreement
- NoticesNotice of Draft Second Amended and Restated Market Access Agreement; request for comments
statute-compilations
18 references not yet in our index
- Pub. L. 92–181, title IV, § 4
- 85 Stat. 611
- Pub. L. 99–205, title I, § 101(4)
- 99 Stat. 1679
- Pub. L. 100–233, title II, § 207(c)
- 101 Stat. 1608
- Pub. L. 100–399, title III, § 303
- 102 Stat. 995
- Pub. L. 100–233, § 303(a)
- Pub. L. 100–233, § 207(c)
- Pub. L. 100–399
- Pub. L. 100–233, § 303(b)
- Pub. L. 99–205, § 205(f)(2)
- Pub. L. 99–205, § 101(4)
- Pub. L. 100–233
- section 1001(a) of Pub. L. 100–399
- Pub. L. 99–205
- section 401 of Pub. L. 99–205
Citation graph
cites case law
§ 2155
Liability of banks; United States not liable
Fed. Reg.×10
Stat.×5
Stat. Comp.×1
Pub. L.Pub. L. 92–181, title IV, § 4
Stat.85 Stat. 611
Pub. L.Pub. L. 99–205, title I, § 101(4)
Stat.99 Stat. 1679
Pub. L.Pub. L. 100–233, title II, § 207(c)
Cites 21 · showing 8Cited by 16 across 3 sources