§ 2162. Protection of borrower stock

964 words·~4 min read·/usc/title-12/section-2162

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(a)Retirement of stock Notwithstanding any other section of this chapter, each institution of the Farm Credit System, when retiring eligible borrower stock in accordance with this chapter, shall retire such stock at par value.

(b)Certain powers not affected This section does not affect the authority of any institution of the Farm Credit System—

(1)to retire or cancel borrower stock at par value for application against a loan in default;

(2)to cancel borrower stock at par value under section 2202b of this title; or

(3)to apply, against any outstanding indebtedness to a System association arising out of or in connection with a liquidation referred to in subsection (d)(2), the par value of borrower stock frozen in such liquidation.

(c)Inability to retire stock at par value

(1)In general If an institution is unable to retire eligible borrower stock at par value due to the liquidation of the institution, the Farm Credit System Insurance Corporation, acting as receiver, shall retire such stock at par value as would have been retired in the ordinary course of business of the institution.

(2)Funding The Farm Credit System Insurance Corporation shall use such funds from the Farm Credit Insurance Fund as are sufficient to carry out this section.

(d)Definitions For purposes of this section:

(1)Borrower stock The term “borrower stock” means voting and nonvoting stock, equivalent contributions to a guaranty fund, participation certificates, allocated equities, and other similar equities that are subject to retirement under a revolving cycle issued by any System institution and held by any person other than any System institution.

(2)Eligible borrower stock The term “eligible borrower stock” means borrower stock that—

(A)is outstanding on January 6, 1988;

(B)is issued or allocated after January 6, 1988, but prior to the earlier of—

(i)in the case of each bank and association, the date of approval, by the stockholders of such bank or association, of the capitalization requirements of the institution in accordance with section 2154a of this title; or

(ii)the date that is 9 months after January 6, 1988;

(C)was, after January 1, 1983, but before January 6, 1988, frozen by an institution that was placed in liquidation; or

(D)was retired at less than par value by an institution that was placed in liquidation after January 1, 1983, but before January 6, 1988.

(3)Institution The term “institution” means a bank or association chartered under this chapter.

(4)Par value The term “par value” means—

(A)in the case of stock, par value;

(B)in the case of participation certificates and other equities and interests not described in subparagraph (C), face or equivalent value; or

(C)in the case of participation certificates and allocated equities subject to retirement under a revolving cycle but that a System institution elects to retire out of order for application against a loan in default or otherwise as provided in this chapter, par or face value discounted, at a rate determined by the institution, to reflect the present value of the equity or interest as of the date of such retirement.

(Pub. L. 92–181, title IV, § 4.9A, as added Pub. L. 100–233, title I, § 101, Jan. 6, 1988, 101 Stat. 1572; amended Pub. L. 100–399, title I, § 101(b)–(d), Aug. 17, 1988, 102 Stat. 989; Pub. L. 115–334, title V, § 5411(20), Dec. 20, 2018, 132 Stat. 4681.)

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