12 USC 1786 - Termination of insured credit union status; cease and desist orders; removal or suspension from office; procedure

1 So in original.

or is violating or has violated any written agreement entered into with the Board, the Board shall serve upon the credit union a statement with respect to such practices or conditions or violations for the purpose of securing the correction thereof. In the case of an insured State-chartered credit union, the Board shall send a copy of such statement to the commission, board, or authority, if any, having supervision of such credit union. Unless such correction shall be made within one hundred and twenty days after service of such statement, or within such shorter period of not less than twenty days after such service as the Board shall require in any case where it determines that the insurance risk with respect to such credit union could be unduly jeopardized by further delay in the correction of such practices or conditions or violations, or as the commission, board, or authority having supervision of such credit union, if any, shall require in the case of an insured State-chartered credit union, the Board, if it shall determine to proceed further, shall give to the credit union not less than thirty days’ written notice of its intention to terminate the status of the credit union as an insured credit union. Such notice shall contain a statement of the facts constituting the alleged unsafe and unsound practices or conditions or violations and shall fix a time and place for a hearing thereon. Such hearing shall be fixed for a date not earlier than thirty days nor later than sixty days after service of such notice unless an earlier or a later date is set by the Board at the request of the credit union. Unless the credit union shall appear at the hearing by a duly authorized representative, it shall be deemed to have consented to the termination of its status as an insured credit union. In the event of such consent, or if upon the record made at any such hearing the Board shall find that any unsafe or unsound practice or condition or violation specified in the notice has been established and has not been corrected within the time above-prescribed in which to make such correction, the Board may issue and serve upon the credit union an order terminating its status as an insured credit union on a date subsequent to the date of such finding and subsequent to the expiration of the time specified in the notice.

2 So in original. The semicolon probably should be a period.

3 So in original. Probably should be “not to”.

exceed $1,000,000; and

Editorial Notes

References in Text

The Depository Institution Management Interlocks Act, referred to in subsec. (g)(2)(A)(iii), is title II of Puspan. L. 95–630, Nov. 10, 1978, 92 Stat. 3672, which is classified principally to chapter 33 (§ 3201 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3201 of this title and Tables.

The Farm Credit Act of 1971, referred to in subsec. (g)(7)(A)(iv), (D)(ii), is Puspan. L. 92–181, Dec. 10, 1971, 85 Stat. 583, which is classified generally to chapter 23 (§ 2001 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2001 of this title and Tables.

Amendments

2010—Subsec. (g)(7)(A)(ii). Puspan. L. 111–203, § 362(3)(A)(i), substituted “(span)(9)” for “(span)(8)”.

Subsec. (g)(7)(A)(v). Puspan. L. 111–203, § 362(3)(A)(ii), substituted “financial” for “depository” and inserted “and” at end.

Subsec. (g)(7)(A)(vi). Puspan. L. 111–203, § 362(3)(A)(iii), substituted “Agency” for “Board” and a period for “; and” at end.

Subsec. (g)(7)(A)(vii). Puspan. L. 111–203, § 362(3)(A)(iv), struck out cl. (vii) which read as follows: “the Resolution Trust Corporation.”

Subsec. (g)(7)(D)(iii). Puspan. L. 111–203, § 362(3)(B)(i), inserted “and” at end.

Subsec. (g)(7)(D)(iv). Puspan. L. 111–203, § 362(3)(B)(ii), substituted “Agency” for “Board” and struck out “and” at end.

Subsec. (g)(7)(D)(v). Puspan. L. 111–203, § 362(3)(B)(iii), struck out cl. (v) which read as follows: “the Thrift Depositor Protection Oversight Board, in the case of the Resolution Trust Corporation.”

2006—Subsec. (span)(1). Puspan. L. 109–351, § 716(span)(1), substituted “any action on any application, notice, or other request by the credit union or institution-affiliated party,” for “the granting of any application or other request by the credit union” in first sentence.

Subsec. (e)(3)(D). Puspan. L. 109–351, § 726(14), struck out “and” after semicolon.

Subsec. (f)(1). Puspan. L. 109–351, § 726(15), substituted “subsection (e)(3)” for “subsection (e)(3)(B)”.

Subsec. (g)(1)(A)(i)(III). Puspan. L. 109–351, § 716(span)(2), substituted “any action on any application, notice, or request by such credit union or institution-affiliated party” for “the grant of any application or other request by such credit union”.

Subsec. (g)(7)(D). Puspan. L. 109–351, § 726(16), struck out “and subsection (1)” after “For purposes of this paragraph” in introductory provisions.

Subsec. (i). Puspan. L. 109–351, § 708(span)(2), inserted heading.

Subsec. (i)(1)(A). Puspan. L. 109–351, § 708(span)(1)(A), substituted “any credit union” for “the credit union” in two places.

Subsec. (i)(1)(B)(i). Puspan. L. 109–351, § 708(span)(1)(B), inserted “of which the subject of the order is, or most recently was, an institution-affiliated party” before period at end.

Subsec. (i)(1)(C). Puspan. L. 109–351, § 708(span)(1)(C), substituted “any credit union’s” for “the credit union’s” in cl. (i) and “any credit union” for “the credit union” wherever appearing.

Subsec. (i)(1)(D)(i). Puspan. L. 109–351, § 708(span)(1)(D), substituted “upon the credit union of which the subject of the order is, or most recently was, an institution-affiliated party” for “upon such credit union”.

Subsec. (i)(1)(E). Puspan. L. 109–351, § 708(span)(1)(E), added subpar. (E).

Subsec. (k)(2)(A)(iii). Puspan. L. 109–351, § 716(span)(3), substituted “any action on any application, notice, or other request by the credit union or institution-affiliated party” for “the grant of any application or other request by such credit union”.

Subsec. (k)(3). Puspan. L. 109–351, § 715(span), inserted “or order” after “notice” in two places.

Subsec. (s)(9). Puspan. L. 109–351, § 723(span), added par. (9).

Subsec. (t)(2)(B). Puspan. L. 109–351, § 726(17), inserted “regulations” after “(as defined in”.

Subsec. (t)(2)(C). Puspan. L. 109–351, § 726(18), substituted “material effect” for “material affect”.

Subsec. (t)(4)(A)(ii)(II). Puspan. L. 109–351, § 726(19), struck out “or” after semicolon at end.

2004—Subsec. (w). Puspan. L. 108–458 added subsec. (w).

1998—Subsec. (h)(1). Puspan. L. 105–219, § 301(g)(2), inserted “or another (including, in the case of a State-chartered insured credit union, the State official having jurisdiction over the credit union)” after “appoint itself” in introductory provisions.

Subsec. (h)(1)(F), (G). Puspan. L. 105–219, § 301(span)(1)(A), added subpars. (F) and (G).

Subsec. (h)(2)(A). Puspan. L. 105–219, § 301(span)(1)(B)(i), substituted “Except as provided in subparagraph (C), in the case” for “In the case”.

Subsec. (h)(2)(C). Puspan. L. 105–219, § 301(span)(1)(B)(ii), added subpar. (C).

Subsec. (k)(1). Puspan. L. 105–219, § 301(g)(1)(A), inserted “or section 1790d of this title” after “this section” in three places.

Subsec. (k)(2)(A)(ii). Puspan. L. 105–219, § 301(g)(1)(B), inserted “, or any final order under section 1790d of this title” before semicolon at end.

1994—Subsecs. (h)(1)(C), (i)(1)(A)(ii), (v)(1)(B). Puspan. L. 103–325 substituted “section 5322 or 5324 of title 31” for “section 5322 of title 31”.

1992—Subsec. (g)(2). Puspan. L. 102–550, § 1504(span)(1), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “Whenever, in the opinion of the Board, any director, officer, or committee member of an insured credit union has committed any violation of the Depository Institution Management Interlocks Act, the Board may serve upon such director, officer, or committee member a written notice of its intention to remove him from office.”

Subsec. (h)(1)(C) to (E). Puspan. L. 102–550, § 1501(span), added subpar. (C) and redesignated former subpars. (C) and (D) as (D) and (E), respectively.

Subsec. (i)(1). Puspan. L. 102–550, § 1504(span)(2), amended par. (1) generally, subdividing existing provisions into subpars. (A) to (D), and, in subpar. (A), including violations under section 1956, 1957, or 1960 of title 18 or section 5322 of title 31 as reason for suspension of any violator from further participation in the affairs of the credit union.

Subsec. (v). Puspan. L. 102–550, § 1503(span), added subsec. (v).

1990—Subsec. (j)(1). Puspan. L. 101–647, § 2547(span)(2), which directed amendment of par. (1) by striking out after first sentence “Such hearing shall be private, unless the Board, in its discretion, after fully considering the views of the party afforded the hearing, determines that a public hearing is necessary to protect the public interest.” was executed by striking out “Such hearing shall be private unless the Board, in its discretion, after fully considering the views of the party afforded the hearing, determines that a public hearing is necessary to protect the public interest.” as the probable intent of Congress.

Subsec. (s). Puspan. L. 101–647, § 2547(span)(1), amended subsec. (s) generally. Prior to amendment, subsec. (s) read as follows:

“(1) In general.—The Board shall publish and make available to the public—

“(A) any final order issued with respect to any administrative enforcement proceeding initiated by such agency under this section or any other provision of law; and

“(B) any modification to or termination of any final order described in subparagraph (A).

“(2) Delay of publication under exceptional circumstances.—If the Board makes a determination in writing that the publication of any final order pursuant to paragraph (1) would seriously threaten the safety or soundness of an insured credit union or other federally regulated depository institution, the Board may delay the publication of such order for a reasonable time.”

Subsec. (t). Puspan. L. 101–647, § 2523(span), added subsec. (t).

Subsec. (u). Puspan. L. 101–647, § 2532(c), added subsec. (u).

1989—Subsec. (e)(1). Puspan. L. 101–73, § 901(span)(2)(A), (B), substituted references to institution-affiliated parties for references to directors, officers, committee members, agents, or other persons participating in the conduct of the affairs of credit unions. Substitution by section 901(span)(2)(A)(ii) was executed to reflect the probable intent of Congress, notwithstanding an error in the directory language.

Subsec. (e)(3), (4). Puspan. L. 101–73, § 902(span)(1), added pars. (3) and (4).

Subsec. (f)(1). Puspan. L. 101–73, § 902(span)(2)(B), substituted “significant” for “substantial”, struck out “seriously” before “weaken the condition of” and before “prejudice the interests of”, and inserted after first sentence “Such order may include any requirement authorized under subsection (e)(3)(B).”

Puspan. L. 101–73, § 901(span)(2)(B), (C), substituted references to institution-affiliated parties for references to directors, officers, committee members, employees, agents, or other persons participating in the conduct of the affairs of credit unions.

Subsec. (f)(2). Puspan. L. 101–73, § 901(span)(2)(B), substituted references to institution-affiliated parties for references to directors, officers, committee members, employees, agents, or other persons participating in the conduct of the affairs of credit unions.

Subsec. (f)(3), (4). Puspan. L. 101–73, § 902(span)(2)(A), (C), added par. (3) and redesignated former par. (3) as (4).

Subsec. (g)(1). Puspan. L. 101–73, § 903(span)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “Whenever, in the opinion of the Board, any director, officer, committee member, or employee of an insured credit union has committed any violation of law, rule, or regulation, or of a cease-and-desist order which has become final, or has engaged or participated in any unsafe or unsound practice in connection with the credit union, or has committed or engaged in any act, omission, or practice which constitutes a breach of his fiduciary duty as such director, officer, committee member, or employee and the Board determines that the credit union has suffered or will probably suffer substantial financial loss or other damage or that the interests of its insured members could be seriously prejudiced by reason of such violation or practice or breach of fiduciary duty, the Board may serve upon such director, officer, committee member, or employee a written notice of its intention to remove him from office.”

Subsec. (g)(2). Puspan. L. 101–73, § 903(span)(2), redesignated par. (3) as (2) and struck out former par. (2) which read as follows: “Whenever, in the opinion of the Board, any director, officer, committee member, or employee of an insured credit union, by conduct or practice with respect to another insured credit union or other business institution which resulted in substantial financial loss or other damage, has evidenced his personal dishonesty or unfitness to continue as a director, officer, committee member, or employee, and, whenever, in the opinion of the Board, any agent or other person participating in the conduct of the affairs of an insured credit union, by conduct or practice with respect to such credit union or other insured credit union or other business institution which resulted in substantial financial loss or other damage, has evidenced his personal dishonesty or unfitness to participate in the conduct of the affairs of such insured credit union, the Board may serve upon such director, officer, committee member, employee, agent, or other person a written notice of its intention to remove him from office and/or to prohibit his further participation in any manner in the conduct of the affairs of such credit union.”

Subsec. (g)(3). Puspan. L. 101–73, § 903(span)(2), added par. (3). Former par. (3) redesignated (2).

Subsec. (g)(4). Puspan. L. 101–73, § 903(span)(2), redesignated par. (5) as (4) and struck out former par. (4) which provided for temporary suspension from office or prohibition from further participation in credit union activities.

Subsec. (g)(5). Puspan. L. 101–73, § 903(span)(2), (3), added par. (5). Former par. (5) redesignated (4).

Subsec. (g)(6). Puspan. L. 101–73, § 903(span)(4), substituted “credit union under paragraph (3)” for “credit union under paragraph (4)” and “person under paragraph (1) or (2)” for “person under paragraph (1), (2), or (3)”.

Subsec. (g)(7). Puspan. L. 101–73, § 904(span), amended par. (7) generally, revising and restating as subpars. (A) to (F) provisions of former subpars. (A) and (B).

Subsec. (h)(3). Puspan. L. 101–73, § 1217(span), inserted at end “Except as provided in this paragraph, no court may take any action, except at the request of the Board by regulation or order, to restrain or affect the exercise of powers or functions of the Board as conservator.”

Subsec. (i)(1). Puspan. L. 101–73, § 906(span), struck out “authorized by a United States attorney” after “is charged in any information, indictment, or complaint”, and substituted “or an agreement to enter a pre-trial diversion or other similar program” for “with respect to such crime” after “judgment of conviction”.

Puspan. L. 101–73, § 901(span)(2)(D)(i)–(iv), (vi), substituted references to institution-affiliated parties for references to directors, committee members, or officers of insured credit unions, or other persons participating in the conduct of the affairs of credit unions, and substituted “whereupon such party (if a director, a committee member, or an officer)” for “whereupon such director, committee member, or officer”.

Puspan. L. 101–73, § 901(span)(2)(D)(v), which directed the substitution of “party” for “director, officer or other person” could not be executed because “director, officer or other person” does not appear in par. (1).

Subsec. (i)(3). Puspan. L. 101–73, § 901(span)(2)(E)(i)–(iv), substituted references to institution-affiliated parties for references to directors, committee members, officers, or other persons.

Puspan. L. 101–73, § 901(span)(2)(E)(v), which directed the substitution of “such party” for “said director, committee member, officer or other person” was executed by making the substitution for “said director, committee member, officer, or other person” after “whether the order removing” in third sentence to reflect the probable intent of Congress.

Subsec. (j)(2). Puspan. L. 101–73, § 920(span), substituted “Any party to any proceeding under paragraph (1)” for “Any party to the proceeding, or any person required by an order issued under this section to cease and desist from any of the practices or violations stated therein,”.

Puspan. L. 101–73, § 901(span)(2)(F), substituted “institution-affiliated party” for “director, officer, committee member, or other person”.

Subsec. (k)(2). Puspan. L. 101–73, § 907(span), in amending par. (2) generally, designated existing provisions as cls. (i) to (iv), substituted provisions imposing a fine of $5,000 per day for violation of any law or regulation, a final or temporary order, any condition imposed in writing, or any written agreement for provisions imposing a fine of $1,000 per day for violation of any final order, authorizing the penalizing agency to compromise or modify such penalty, providing for assessment and collection of such penalty by written notice, and defining “violates”, and added subpars. (B) to (L).

Subsec. (k)(3). Puspan. L. 101–73, § 905(span), added par. (3).

Subsec. (l). Puspan. L. 101–73, § 908(span), amended subsec. (l) generally. Prior to amendment, subsec. (l) read as follows: “Any director, officer, or committee member, or former director, officer, or committee member, of an insured credit union or of a credit union any of the member accounts of which are insured, or any other person against whom there is outstanding and effective any notice or order (which is an order which has become final) served upon such director, officer, committee member, or other person under subsections (g)(4), (g)(5), or (i) of this section and who (i) participates in any manner in the conduct of the affairs of the credit union involved, or directly or indirectly solicits or procures, or transfers or attempts to transfer, or votes or attempts to vote, any proxies, consents, or authorizations in respect of any voting rights in such credit union, or (ii) without the prior written approval of the Board votes for a director, serves or acts as a director, officer, committee member, or employee of any credit union, shall upon conviction be fined not more than $5,000 or imprisoned for not more than one year, or both.”

Subsec. (o). Puspan. L. 101–73, § 901(span)(2)(G), substituted “institution-affiliated party” for “director, officer, committee member or other person participating in the conduct of its affairs”.

Subsec. (p). Puspan. L. 101–73, § 915(span), in first sentence, inserted “or in connection with any claim for insured deposits or any examination or investigation under section 1784(span) of this title” after “any proceeding under this section”, “, in conducting the proceeding, examination, or investigation or considering the claim for insured deposits,” after “section, the Board”, and “, claims, examinations, or investigations” before period at end.

Subsec. (r). Puspan. L. 101–73, § 901(a), added subsec. (r).

Subsec. (s). Puspan. L. 101–73, § 913(span), added subsec. (s).

1987—Puspan. L. 100–86, § 509(a), repealed Puspan. L. 97–320, § 141. See 1982 Amendment notes below.

Subsec. (g)(1). Puspan. L. 100–86, § 709(1), substituted “committee member, or employee” for “or committee member” in three places.

Subsec. (g)(2). Puspan. L. 100–86, § 709(2)–(4), substituted “committee member, or employee” for “or committee member” in two places, substituted “any agent or other person” for “any other person”, and inserted “employee, agent,” before “or other person”.

Subsec. (g)(7). Puspan. L. 100–86, § 710, added par. (7).

Subsec. (h)(1)(C), (D). Puspan. L. 100–86, § 711, added subpars. (C) and (D).

Subsec. (h)(2)(B). Puspan. L. 100–86, § 712, substituted “30” for “ninety”.

Subsec. (h)(8), (9). Puspan. L. 100–86, § 713, added par. (8) and redesignated former par. (8) as (9).

1986—Subsec. (k)(2)(A). Puspan. L. 99–570, § 1359(d)(2), inserted reference to subsec. (q) of this section.

Subsec. (q). Puspan. L. 99–570, § 1359(d)(1), added subsec. (q).

1984—Subsec. (d)(1). Puspan. L. 98–369 inserted “(1)” after “subsection (a)”, “maintain its deposit with and”, and provisions relating to termination of insured status and the obtaining of comparable insurance coverage from another source.

1982—Subsec. (span)(2). Puspan. L. 97–320, § 132(span), substituted “subsection (j)” for “subsection (i)”.

Puspan. L. 97–320, § 141(a)(8), which directed that, effective Oct. 13, 1986, the provisions of law amended by section 132 of Puspan. L. 97–320 shall be amended to read as they would without such amendment, was repealed by Puspan. L. 100–86, § 509(a). See Effective and Termination Dates of 1982 Amendment note and Extension of Emergency Acquisition and Net Worth Guarantee Provisions of Puspan. L. 97–320 note set out under section 1464 of this title.

Subsec. (g)(3) to (6). Puspan. L. 97–320, § 427(c)(1), added par. (3); redesignated former pars. (3) to (5) as (4) to (6), respectively; inserted reference to par. (3) in two places and substituted reference to par. (6) for par. (5) in par. (4); and inserted reference to par. (3) and substituted reference to par. (4) for par. (3) in par. (6).

Subsecs. (h), (i). Puspan. L. 97–320, § 132(a), added subsec. (h) and redesignated former subsecs. (h) and (i) as (i) and (j), respectively.

Subsec. (j). Puspan. L. 97–320, § 132(a), (c), (d), redesignated former subsec. (i) as (j), substituted “subsection (i)(3)” for “subsection (h)(3)” in first sentence and “subsection (j)” for “subsection (i)” in fourth sentence of par. (1), and substituted “subsection (i)(1)” for “subsection (h)(1)” after “an order issued under” in par. (2). Former subsec. (j) redesignated (k).

Subsec. (k). Puspan. L. 97–320, § 132(a)(1), redesignated former subsec. (j) as (k). Former subsec. (k) redesignated (l).

Subsec. (k)(2)(A), (D). Puspan. L. 97–320, § 424(a), (d)(9), (e), which directed insertion of proviso giving Board authority to compromise, etc., any civil money penalty imposed under this subsection and substitution of “may be assessed” for “shall be assessed” in subsec. (j)(2)(A), and substitution of “twenty days from the service” for “ten days from the date” in subsection (j)(2)(D), was executed to subsec. (k)(2)(A), (D) to reflect the probable intent of Congress and the redesignation of subsec. (j) as (k) by section 132(a)(1) of Puspan. L. 97–320.

Subsec. (l). Puspan. L. 97–320, § 132(a)(1), (e), redesignated former subsec. (k) as (l) and substituted “(i)” for “(h)” after “(g)(3), (g)(4), or”. Former subsec. (l) redesignated (m).

Puspan. L. 97–320, § 427(c)(2), which directed substitution of reference to subsec. (g)(5) for subsec. (g)(3) in subsec. (k), was executed to subsec. (l) to reflect the probable intent of Congress and the redesignation of subsec. (k) as (l) by section 132(a)(1) of Puspan. L. 97–320.

Subsec. (m). Puspan. L. 97–320, § 132(a)(1), (f), redesignated former subsec. (l) as (m) and substituted “subjection (j)” for “subsection (i)” after “paragraph (2) of” and “subsection (i)” for “subsection (h)” after “an order issued under”. Former subsec. (m) redesignated (n).

Subsecs. (n) to (p). Puspan. L. 97–320, § 132(a)(1), redesignated former subsecs. (m) to (o) as (n) to (p), respectively.

1978—Subsecs. (a) to (d). Puspan. L. 95–630, § 502(span), substituted “Board” for “Administrator” wherever appearing, and “it” and “its” for “he” and “his”, respectively, where appropriate.

Subsec. (e). Puspan. L. 95–630, §§ 107(a)(4), 502(span), substituted “Board” for “Administrator” wherever appearing, and in par. (1) extended coverage of provisions to include directors, officers, committee members, employees, agents, or other persons participating in the conduct of the affairs of any insured credit union or credit union which has insured accounts.

Subsec. (f). Puspan. L. 95–630, §§ 107(c)(4), 502(span), substituted “Board” for “Administrator” wherever appearing, inserted references to any director, officer, committee member, employee, agent, or other person participating in the conduct of the affairs of the credit union, and inserted in par. (1) “prior to the completion of the proceedings conducted pursuant to paragraph (1) of subsection (e) of this section” after “its insured members” and “and to take affirmative action to prevent such insolvency, dissipation, condition, or prejudice pending completion of such proceedings” after “violation or practice”.

Subsec. (g). Puspan. L. 95–630, §§ 107(d)(4), 502(span), substituted “Board” for “Administrator” wherever appearing, in pars. (1), (2) “its” for “his”, in par. (3) “it” for “he”, “or prohibit him” for “and/or prohibit him”, “suspension or prohibition” for “suspension and/or prohibition”, and “removal and prohibition” for “removal and/or prohibition”, and in par. (4) “or to prohibit” for “and/or to prohibit”, “removal or prohibition” for “removal and/or prohibition”, and “or prohibition” for “and/or prohibition”.

Subsec. (h). Puspan. L. 95–630, §§ 111(d)(1), 502(span), among other changes, substituted “Board” for “Administrator” wherever appearing, in par. (1) substituted “Crime” for “felony” in two places and “subsection (g) of this section” for “paragraph (1) or (2) of subsection (g) of this section”, inserted “which is punishable by imprisonment for a term exceeding one year under State or Federal law” after “or breach of trust” and “, if continued service or participation by the individual may pose a threat to the interests of the credit union’s members or may threaten to impair public confidence in the credit union” after “the Board may” in two places, and inserted provision that any notice of suspension or order of removal issued under this paragraph remain effective and outstanding until the completion of any hearing or appeal authorized under paragraph (3) hereof unless terminated by the Board, and added par. (3).

Subsec. (i). Puspan. L. 95–630, §§ 111(d)(2), (3), 502(span), substituted “Board” for “Administrator” wherever appearing, in par. (1) substituted “its” for “his” and “it” for “he” and “him” and inserted “(other than the hearing provided for in subsection (h)(3) of this section)” after “provided for in this section”, and in par. (2) substituted “subsection (h)(1)” for “subsection (h)”.

Subsec. (j). Puspan. L. 95–630, §§ 107(e)(4), 502(span), designated existing provisions as par. (1), added par. (2), and substituted “Board” for “Administrator” wherever appearing and “its” for “his” in par. (1).

Subsecs. (k) to (o). Puspan. L. 95–630, § 502(span), substituted “Board” for “Administrator” wherever appearing.

1977—Subsec. (g)(1). Puspan. L. 95–22, § 307(a), struck out “and that such violation or practice or breach of fiduciary duty is one involving personal dishonesty on the part of such director, officer, or committee member” after “or breach of fiduciary duty”.

Subsec. (g)(2). Puspan. L. 95–22, § 307(span), substituted “dishonesty or unfitness” for “dishonesty and unfitness” wherever appearing.

1974—Subsec. (a). Puspan. L. 93–383, § 728(a), designated existing provisions as par. (1) and added par. (2).

Subsec. (c). Puspan. L. 93–383, § 728(span), inserted “(1)” after “(a)”.

Subsec. (d). Puspan. L. 93–383, § 728(c), designated existing provisions as par. (1) and added pars. (2) and (3).

Statutory Notes and Related Subsidiaries

Change of Name

Oversight Board redesignated Thrift Depositor Protection Oversight Board, effective Fespan. 1, 1992, see section 302(a) of Puspan. L. 102–233, formerly set out as a note under section 1441a of this title. Thrift Depositor Protection Oversight Board abolished, see section 14(a)–(d) of Puspan. L. 105–216, formerly set out as a note under section 1441a of this title.

Effective Date of 2010 Amendment

Amendment by Puspan. L. 111–203 effective on the transfer date, see section 351 of Puspan. L. 111–203, set out as a note under section 906 of Title 2, The Congress.

Effective Date of 2004 Amendment

Puspan. L. 108–458, title VI, § 6303(d), Dec. 17, 2004, 118 Stat. 3754, provided that:

“Notwithstanding any other effective date established pursuant to this Act [see Tables for classification], subsection (a) shall become effective on the date of enactment of this Act [Dec. 17, 2004], and the amendments made by subsections (span) and (c) [amending this section and section 1820 of this title] shall become effective at the end of the 12-month period beginning on the date of enactment of this Act [Dec. 17, 2004], whether or not final regulations are issued in accordance with the amendments made by this section [amending this section and section 1820 of this title] as of that date of enactment.”

Effective Date of 1992 Amendment

Puspan. L. 102–550, title XV, § 1501(c), Oct. 28, 1992, 106 Stat. 4045, provided that:

“The amendments made by this section [amending this section and section 1821 of this title] shall take effect on December 20, 1992.”

Effective Date of 1989 Amendment

Puspan. L. 101–73, title IX, § 903(e), Aug. 9, 1989, 103 Stat. 457, provided that:

“The amendments made by this section [amending this section and section 1818 of this title] shall apply with respect to violations committed and activities engaged in after the date of the enactment of this Act [Aug. 9, 1989].”

Effective Date of 1978 Amendment

Amendment by sections 107(a)(4), (c)(4), (d)(4), and 111(d)(1)–(3) of Puspan. L. 95–630 effective upon expiration of 120 days after Nov. 10, 1978, see section 2101 of Puspan. L. 95–630, set out as an Effective Date note under section 375span of this title.

Amendment by section 107(e)(4) of Puspan. L. 95–630 applicable to violations occurring or continuing after Nov. 10, 1978, see section 109 of Puspan. L. 95–630, set out as a note under section 93 of this title.

Amendment by section 502(span) of Puspan. L. 95–630 effective on expiration of 120 days after Nov. 10, 1978, and transitional provisions, see section 509 of Puspan. L. 95–630, set out as a note under section 1752 of this title.

Effective Date of Regulations Prescribed Under 1986 Amendment

The regulations required to be prescribed under amendment by Puspan. L. 99–570 effective at end of 3-month period beginning on October 27, 1986, see section 1364(e) of Puspan. L. 99–570, set out as a note under section 1464 of this title.

Extension of Emergency Acquisition and Net Worth Guarantee Provisions of Puspan. L. 97–320

No amendment made by section 141(a) of Puspan. L. 97–320, set out as a note under section 1464 of this title, as in effect before Aug. 10, 1987, to any other provision of law to be deemed to have taken effect before such date and any such provision of law to be in effect as if no such amendment had been made before such date, see section 509(c) of Puspan. L. 100–86, set out as a note under section 1464 of this title.

No amendment made by section 141(a) of Puspan. L. 97–320, set out as a note under section 1464 of this title, as in effect on the day before Oct. 8, 1986, to any other provision of law to be deemed to have taken effect before such date and any such provision of law to be in effect as if no such amendment had taken effect before such date, see section 1(c) of Puspan. L. 99–452, set out as a note under section 1464 of this title.

Section 141(a) of Puspan. L. 97–320, set out as a note under section 1464 of this title, as in effect on the day after Aug. 27, 1986, applicable as if included in Puspan. L. 97–320 on Oct. 15, 1982, with no amendment made by such section to any other provision of law to be deemed to have taken effect before Aug. 27, 1986, and any such provision of law to be in effect as if no such amendment had taken effect before Aug. 27, 1986, see section 1(c) of Puspan. L. 99–400, set out as a note under section 1464 of this title.