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1000 - Federal Deposit Insurance Act


SEC. 15.  ISSUANCE OF NOTES, DEBENTURES, BONDS, AND OTHER OBLIGATIONS; EXEMPTIONS.--

(a)  General Rule.--All notes, debentures, bonds, or other such obligations issued by the Corporation shall be exempt, both as to principal and interest, from all taxation (except estate and inheritance taxes) now or hereafter imposed by the United States, by any Territory, dependency, or possession thereof, or by any State, county, municipality, or local taxing authority: Provided, That interest upon or any income from any such obligations and gain from the sale or other disposition of such obligations shall not have any exemption, as such, and loss from the sale or other disposition of such obligations shall not have any special treatment, as such, under the Internal Revenue Code, or laws amendatory or supplementary thereto. The Corporation, including its franchise, its capital, reserves, and surplus, and its income, shall be exempt from all taxation now or hereafter imposed by the United States, by any Territory, dependency, or possession thereof, or by any State, county, municipality, or local taxing authority, except that any real property of the Corporation shall be subject to State, Territorial, county, municipal, or local taxation to the same extent according to its value as other real property is taxed.

[Codified to 12 U.S.C. 1825(a)]

[Source:  Section 2[15(a)] of the Act of September 21, 1950 (Pub. L. No. 797; 64 Stat. 890), effective September 21, 1950, as amended by section 219(1) of title II of the Act of August 9, 1989 (Pub. L. No. 101--73; 103 Stat. 261), effective August 9, 1989]

(b)  Other Exemptions.--When acting as a receiver, the following provisions shall apply with respect to the Corporation:

(1)  The Corporation including its franchise, its capital, reserves, and surplus, and its income, shall be exempt from all taxation imposed by any State, county, municipality, or local taxing authority, except that any real property of the Corporation shall be subject to State, territorial, county, municipal, or local taxation to the same extent according to its value as other real property is taxed, except that, notwithstanding the failure of any person to challenge an assessment under State law of such property's value, such value, and the tax thereon, shall be determined as of the period for which such tax is imposed.

(2)  No property of the Corporation shall be subject to levy, attachment, garnishment, foreclosure, or sale without the consent of the Corporation, nor shall any involuntary lien attach to the property of the Corporation.

(3)  The Corporation shall not be liable for any amounts in the nature of penalties or fines, including those arising from the failure of any person to pay any real property, personal property, probate, or recording tax or any recording or filing fees when due.

This subsection shall not apply with respect to any tax imposed (or other amount arising) under the Internal Revenue Code of 1986.

(4)  EXEMPTION FROM CRIMINAL PROSECUTION.--The Corporation shall be exempt from all prosecution by the United States or any State, county, municipality, or local authority for any criminal offense arising under Federal, State, county, municipal, or local law, which was allegedly committed by the institution, or persons acting on behalf of the institution, prior to the appointment of the Corporation as receiver.

[Codified to 12 U.S.C. 1825(b)]

[Source:  Section 2[15(b)] of the Act of September 21, 1950 (Pub. L. No. 797), effective September 21, 1950, as added by section 219(2) of title II of the Act of August 9, 1989 (Pub. L. No. 101--73; 103 Stat. 261), effective August 9, 1989; section 720(a) of title VII of the Act of October 13, 2006 (Pub. L. No. 109--351; 120 Stat. 1998), effective October 13, 2006]

(c)  Limitation on Borrowing.--

(1)  COST ESTIMATE FOR OUTSTANDING OBLIGATIONS, GUARANTEES, AND LIABILITIES.--As soon as practicable after [August 9, 1989], the date of enactment of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, the Corporation shall estimate the aggregate cost to the Corporation for all outstanding obligations and guarantees of the Corporation which were issued, and all outstanding liabilities which were incurred, by the Corporation before August 9, 1989.

(2)  ESTIMATE OF NOTES AND OTHER OBLIGATIONS REQUIRED.-- Before issuing an obligation or making a guarantee, the Corporation shall estimate the cost of such obligations or guarantees.

(3)  INCLUSION OF ESTIMATES IN FINANCIAL STATEMENTS.--The Corporation shall--

(A)  reflect in its financial statements the estimates made by the Corporation under paragraphs (1) and (2) of the aggregate amount of the costs to the Corporation for outstanding obligations and other liabilities, and

(B)  make such adjustments as are appropriate in the estimate of such aggregate amount not less frequently than quarterly;

(4)  ESTIMATE OF OTHER ASSETS REQUIRED.--The Corporation shall--

(A)  estimate the market value of assets held by it as a result of case resolution activities, with a reduction for expenses expected to be incurred by the Corporation in connection with the management and sale of such assets;

(B)  reflect the amounts so estimated in its financial statements; and

(C)  make such adjustments as are appropriate of such market value not less than quarterly.

(5)  MAXIMUM AMOUNT LIMITATION ON OUTSTANDING OBLIGATIONS.1 --Notwithstanding any other provisions of this Act, the Corporation may not issue or incur any obligation, if, after issuing or incurring the obligation, the aggregate amount of obligations of the Deposit Insurance Fund, outstanding would exceed the sum of--

(A)  the amount of cash or the equivalent of cash held by the Deposit Insurance Fund;

(B)  the amount which is equal to 90 percent of the Corporation's estimate of the fair market value of assets held by the Deposit Insurance Fund, other than assets described in subparagraph (A); and

(C)  the total of the amounts authorized to be borrowed from the Secretary of the Treasury pursuant to section 14(a).

(6)  OBLIGATION DEFINED.--

(A)  IN GENERAL.--For purposes of paragraph (5), the term "obligation" includes--

(i)  any guarantee issued by the Corporation, other than deposit guarantees;

(ii)  any amount borrowed pursuant to section 14; and

(iii)  any other obligation for which the Corporation has a direct or contingent liability to pay any amount.

(B)  VALUATION OF CONTINGENT LIABILITIES.--The Corporation shall value any contingent liability at its expected cost to the Corporation.

[Codified to 12 U.S.C. 1825(c)]

[Source:  Section 2[15(c)] of the Act of September 21, 1950 (Pub. L. No. 797), effective September 21, 1950, as added by section 219(2) of title II of the Act of August 9, 1989 (Pub. L. No. 101--73; 103 Stat. 261), effective August 9, 1989; as amended by section 102(a) of title I of the Act of December 19, 1991 (Pub. L. No. 102--242; 105 Stat. 2236), effective December 19, 1991; section 602(a)(43) of title VI of the Act of September 23, 1994 (Pub. L. No. 103--325; 108 Stat. 2290), effective September 23, 1994; section 8(a)(25) of the Act of February 15, 2006 (Pub. L. No. 109--173; 119 Stat. 3614), effective date shall take effect on the day of the merger of the Bank Insurance Fund and the Savings Association Insurance Fund pursuant to the Federal Deposit Insurance Reform Act of 2005]

(d)  Full Faith and Credit.--The full faith and credit of the United States is pledged to the payment of any obligation issued after [August 9, 1989], the date of the enactment of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 by the Corporation, with respect to both principal and interest, if--

(1)  the principal amount of such obligation is stated in the obligation; and

(2)  the term to maturity or the date of maturity of such obligation is stated in the obligation.

[Codified to 12 U.S.C. 1825(d)]

[Source:  Section 2[15(d)] of the Act of September 21, 1950 (Pub. L. No. 797), effective September 21, 1950, as added by section 219(2) of title II of the Act of August 9, 1989 (Pub. L. No. 101--73; 103 Stat. 261), effective August 9, 1989]

NOTES

Derivation.  Section 15 derives from section 12B(p) of the Federal Reserve Act, as added by section 8 of the Act of June 16, 1933 (Pub. L. No. 66; 48 Stat. 177), effective June 16, 1933. Section 12B(p) of the Federal Reserve Act was amended by section 101[12B(p)] of title I of the Act of August 23, 1935 (Pub. L. No. 305; 49 Stat. 700), effective August 23, 1935. 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."

Sections 15(b)-(d) derive from section 219(2) of the Act of August 9, 1989 (Pub. L. No. 101--73; 103 Stat. 261), effective August 9, 1989.

1Editor's Note:  Section 102(b) of Title I of the Act of December 19, 1991 (Pub. L. No. 102--242; 105 Stat. 2237), as amended by section 327 of Title III of the Act of September 3, 1994 (Pub. L. No. 103--325; 108 Stat. 2230) and section 2061 of Title II of the Act of December 21, 1995 (Pub. L. No. 104--66; 109 Stat. 729) directed the Comptroller General to submit reports to Congressional committees not later than 90 days after the end of any calendar quarter in which FDIC had any outstanding obligations pursuant to 12 U.S.C. 1825 on the FDIC's compliance with paragraph (c).
  Section 106 (c) of Title I of the Act of October 19, 1996 (Pub. L. No. 104--316; 110 Stat. 3831) repealed the requirement. Go back to Text

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Last Updated August 31, 2021
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