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Federal Deposit
Insurance Corporation

Each depositor insured to at least $250,000 per insured bank

FDIC Law, Regulations, Related Acts

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1000 - Federal Deposit Insurance Act


SEC. 2. MANAGEMENT.

(a)   BOARD OF DIRECTORS.--

(1)   IN GENERAL.--The management of the Corporation shall be vested in a Board of Directors consisting of 5 members--

(A)  1 of whom shall be the Comptroller of the Currency;

(B)  1 of whom shall be the Director of the Consumer Financial Protection Bureau; and

(C)  3 of whom shall be appointed by the President, by and with the advice and consent of the Senate, from among individuals who are citizens of the United States, 1 of whom shall have State bank supervisory experience.

(2)   POLITICAL AFFILIATION.--After February 28, 1993, not more than 3 of the members of the Board of Directors may be members of the same political party.

[Codified to 12 U.S.C. 1812(a)]

[Source:  Section 2[2(a)] of the Act of September 21, 1950 (Pub. L. No. 797; 64 Stat. 873), effective September 21, 1950, as amended by section 19 of the Act of September 8, 1959 (Pub. L. No. 86--230; 73 Stat. 460), effective September 8, 1959; section 702(a) of title VII of the Act of November 30, 1983 (Pub. L. No. 98--181; 97 Stat. 1267), effective November 30, 1983; sections 201(a) and 203(a) of title II of the Act of August 9, 1989 (Pub. L. No. 101--73; 103 Stat. 187 and 188), effective August 9, 1989; section 2243 of title II of the Act of September 30, 1996 (Pub. L. No. 104--208; 110 Stat. 3009--419), effective September 30, 1996]

(b)   CHAIRPERSON AND VICE CHAIRPERSON.--

(1)  CHAIRPERSON.--1 of the appointed members shall be designated by the President, by and with the advice and consent of the Senate, to serve as Chairperson of the Board of Directors for a term of 5 years.

(2)  VICE CHAIRPERSON.--1 of the appointed members shall be designated by the President, by and with the advice and consent of the Senate, to serve as Vice Chairperson of the Board of Directors.

(3)  ACTING CHAIRPERSON.--In the event of a vacancy in the position of Chairperson of the Board of Directors or during the absence or disability of the Chairperson, the Vice Chairperson shall act as Chairperson.

[Codified to 12 U.S.C. 1812(b)]

[Source:  Section 2[2(b)] of the Act of September 21, 1950 (Pub. L. No. 797; 64 Stat. 873), effective September 21, 1950, as amended by section 19 of the Act of September 8, 1959 (Pub. L. No. 86--230; 73 Stat. 460), effective September 8, 1959; section 702(a) of title VII of the Act of November 30, 1983 (Pub. L. No. 98--181; 97 Stat. 1267), effective November 30, 1983; sections 201(a) and 203(a) of title II of the Act of August 9, 1989 (Pub. L. No. 101--73; 103 Stat. 187 and 188), effective August 9, 1989]

(c)  TERMS.--

(1)  APPOINTED MEMBERS.--Each appointed member shall be appointed for a term of 6 years.

(2)  INTERIM APPOINTMENTS.--Any member appointed to fill a vacancy occurring before the expiration of the term for which such member's predecessor was appointed shall be appointed only for the remainder of such term.

(3)  CONTINUATION OF SERVICE.--The Chairperson, Vice Chairperson, and each appointed member may continue to serve after the expiration of the term of office to which such member was appointed until a successor has been appointed and qualified.

[Codified to 12 U.S.C. 1812(c)]

[Source:  Section 2[2(c)] of the Act of September 21, 1950 (Pub. L. No. 797; 64 Stat. 873), effective September 21, 1950, as amended by section 19 of the Act of September 8, 1959 (Pub. L. No. 86--230; 73 Stat. 460), effective September 8, 1959; section 702(a) of title VII of the Act of November 30, 1983 (Pub. L. No. 98--181; 97 Stat. 1267), effective November 30, 1983; sections 201(a) and 203(a) of title II of the Act of August 9, 1989 (Pub. L. No. 101--73; 103 Stat. 187 and 188), effective August 9, 1989]

(d)  VACANCY.--

(1)  IN GENERAL.--Any vacancy on the Board of Directors shall be filled in the manner in which the original appointment was made.

(2)  ACTING OFFICIALS MAY SERVE.--In the event of a vacancy in the office of the Comptroller of the Currency or the office of Director of the Consumer Financial Protection Bureau and pending the appointment of a successor, or during the absence or disability of the Comptroller of the Currency or the Director of the Consumer Financial Protection Bureau, the acting Comptroller of the Currency or the acting Director of the Consumer Financial Protection Bureau, as the case may be, shall be a member of the Board of Directors in the place of the Comptroller or Director.

[Codified to 12 U.S.C. 1812(d)]

[Source:  Section 2[2(d)] of the Act of September 21, 1950 (Pub. L. No. 797; 64 Stat. 873), effective September 21, 1950, as amended by section 19 of the Act of September 8, 1959 (Pub. L. No. 86--230; 73 Stat. 460), effective September 8, 1959; section 702(a) of title VII of the Act of November 30, 1983 (Pub. L. No. 98--181; 97 Stat. 1267), effective November 30, 1983; sections 201(a) and 203(a) of title II of the Act of August 9, 1989 (Pub. L. No. 101--73; 103 Stat. 187 and 188), effective August 9, 1989; section 336(a) of title III of the Act of July 21, 2010 (Pub. L. No. 111--203; 124 Stat. 1540), effective July 21, 2010]

(e)  INELIGIBILITY FOR OTHER OFFICES.--

(1)  POSTSERVICE RESTRICTION.--

(A)  IN GENERAL.--No member of the Board of Directors may hold any office, position, or employment in any insured depository institution or any depository institution holding company during--

(i)  the time such member is in office; and

(ii)  the 2-year period beginning on the date such member ceases to serve on the Board of Directors.

(B)  EXCEPTION FOR MEMBERS WHO SERVE FULL TERM.--The limitation contained in subparagraph (A)(ii) shall not apply to any member who has ceased to serve on the Board of Directors after serving the full term for which such member was appointed.

(2)  RESTRICTION DURING SERVICE.--No member of the Board of Directors may--

(A)  be an officer or director of any insured depository institution, depository institution holding company, Federal Reserve bank, or Federal home loan bank; or

(B)  hold stock in any insured depository institution or depository institution holding company.

(3)  CERTIFICATION.--Upon taking office, each member of the Board of Directors shall certify under oath that such member has complied with this subsection and such certification shall be filed with the secretary of the Board of Directors.

[Codified to 12 U.S.C. 1812(e)]

[Source:  Section 2[2(e)] of the Act of September 21, 1950 (Pub. L. No. 797; 64 Stat. 873), effective September 21, 1950, as amended by section 19 of the Act of September 8, 1959 (Pub. L. No. 86--230; 73 Stat. 460), effective September 8, 1959; section 702(a) of title VII of the Act of November 30, 1983 (Pub. L. No. 98--181; 97 Stat. 1267), effective November 30, 1983; sections 201(a) and 203(a) of title II of the Act of August 9, 1989 (Pub. L. No. 101--73; 103 Stat. 188), effective August 9, 1989]

(f)  STATUS OF EMPLOYEES.—

(1)  IN GENERAL.—A director, member, officer, or employee of the Corporation has no liability under the Securities Act of 1933 with respect to any claim arising out of or resulting from any act or omission by such person within the scope of such person's employment in connection with any transaction involving the disposition of assets (or any interests in any assets or any obligations backed by any assets) by the Corporation. This subsection shall not be construed to limit personal liability for criminal acts or omissions, willful or malicious misconduct, acts or omissions for private gain, or any other acts or omissions outside the scope of such person's employment.

(2)  ``EMPLOYEE OF THE CORPORATION'' DEFINED.—For purposes of this subsection, the term "employee of the Corporation" includes any employee of the Office of the Comptroller of the Currency or of the Consumer Financial Protection Bureau who serves as a deputy or assistant to a member of the Board of Directors of the Corporation in connection with activities of the Corporation.

(3)  EFFECT ON OTHER LAW.—This subsection does not affect--

(A)  any other immunities and protections that may be available to such person under applicable law with respect to such transactions, or

(B)  any other right or remedy against the Corporation, against the United States under applicable law, or against any person other than a person described in paragraph (1) participating in such transactions.

This subsection shall not be construed to limit or alter in any way the immunities that are available under applicable law for Federal officials and employees not described in this subsection.

[Codified to 12 U.S.C. 1812(f)]

[Source:  Section 2[2(f)] of the Act of September 21, 1950 (Pub. L. No. 797; 64 Stat. 873), effective September 21, 1950, as added by section 103(b) of title I of the Act of March 23, 1991 (Pub. L. No. 102--18; 105 Stat. 60), effective March 23, 1991; amended by Pub. L. No. 111--203, effective July 21, 2011]

NOTES AND DECISIONS

Derivation.  Section 2 derives from section 12B(b) of the Federal Reserve Act, as added by section 8 of the Act of June 16, 1933 (Pub. L. No. 66; 48 Stat. 168), effective June 16, 1933. Section 12B(b) of the Federal Reserve Act was amended by section 101[12B(b)] of title I of the Act of August 23, 1935 (Pub. L. No. 305; 49 Stat. 684), effective August 23, 1935 and section 3 of the Act of August 5, 1947 (Pub. L. No. 363; 61 Stat. 773), effective August 5, 1947. By section 1 of the Act of September 21, 1950 (Pub. L. No. 797; 64 Stat. 873), effective September 21, 1950, section 12B of the Federal Reserve Act was withdrawn as a part of that Act and was made a separate act known as the "Federal Deposit Insurance Act."


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