12 USC 1831 - Depository institutions lacking Federal deposit insurance

1 So in original. The period probably should not appear.

a notice that the institution is not federally insured, and that if the institution fails, the Federal Government does not guarantee that depositors will get back their money.

2 So in original. No cl. (ii) has been enacted.

In general

Editorial Notes

References in Text

The Consumer Financial Protection Act of 2010, referred to in subsec. (f)(1), is title X of Puspan. L. 111–203, July 21, 2010, 124 Stat. 1955, which enacted subchapter V (§ 5481 et seq.) of chapter 53 of this title and enacted, amended, and repealed numerous other sections and notes in the Code. Subtitle B of the Act is classified generally to part B (§ 5511 et seq.) of subchapter V of chapter 53 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables.

The Federal Trade Commission Act, referred to in subsec. (f)(1), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, which is classified generally to subchapter I (§ 41 et seq.) of chapter 2 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see section 58 of Title 15 and Tables.

Amendments

2015—Subsec. (a)(2)(A)(iii). Puspan. L. 114–94 added cl. (iii).

2010—Subsecs. (c), (d), (e)(2)(B). Puspan. L. 111–203, § 1090(2)(A)–(C)(i), substituted “Bureau” for “Federal Trade Commission”.

Subsec. (e)(5). Puspan. L. 111–203, § 1090(2)(C)(ii), added par. (5).

Subsec. (f)(1). Puspan. L. 111–203, § 1090(2)(D)(i), added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: “Compliance with the requirements of subsections (span), (c) and (e), and any regulation prescribed or order issued under any such subsection, shall be enforced under the Federal Trade Commission Act by the Federal Trade Commission.”

Subsec. (f)(2)(C). Puspan. L. 111–203, § 1090(2)(D)(ii), added subpar. (C) and struck out former subpar. (C). Prior to amendment, text read as follows: “If the Federal Trade Commission has instituted an enforcement action for a violation of this section, no appropriate State supervisor may, during the pendency of such action, bring an action under this section against any defendant named in the complaint of the Commission for any violation of this section that is alleged in that complaint.”

2006—Subsec. (a)(3). Puspan. L. 109–351, § 505(a), added par. (3).

Subsec. (span)(1). Puspan. L. 109–351, § 505(span), substituted “or share certificate.” for “or similar instrument evidencing a deposit”.

Subsec. (span)(2). Puspan. L. 109–351, § 505(c), amended span and text generally. Prior to amendment, text read as follows: “Include conspicuously in all advertising and at each place where deposits are normally received a notice that the institution is not federally insured.”

Subsec. (span)(3). Puspan. L. 109–351, § 505(d), amended par. (3) generally. Prior to amendment, par. (3) related to acknowledgement of disclosure and consisted of subpars. (A) to (C).

Subsec. (c). Puspan. L. 109–351, § 505(e), amended span and text generally. Prior to amendment, text read as follows: “To ensure that current and prospective customers understand the risks involved in foregoing Federal deposit insurance, the Federal Trade Commission, by regulation or order, shall prescribe the manner and span of disclosure required under this section.”

Subsec. (d). Puspan. L. 109–173 substituted “an amount equal to the standard maximum deposit insurance amount” for “$100,000”.

Subsec. (e). Puspan. L. 109–351, § 505(f), redesignated subsec. (f) as (e) and struck out former subsec. (e) which related to eligibility for Federal deposit insurance.

Subsec. (f). Puspan. L. 109–351, § 505(g), amended span and text generally. Prior to amendment, text read as follows: “Compliance with the requirements of this section, and any regulation prescribed or order issued under this section, shall be enforced under the Federal Trade Commission Act by the Federal Trade Commission.”

Puspan. L. 109–351, § 505(f)(2), redesignated subsec. (g) as (f). Former subsec. (f) redesignated (e).

Subsec. (g). Puspan. L. 109–351, § 505(f)(2), redesignated subsec. (g) as (f).

1994—Subsec. (span)(3). Puspan. L. 103–325 amended span and text of subsec. (span)(3) generally. Prior to amendment, text read as follows: “Receive deposits only for the account of persons who have signed a written acknowledgment that the institution is not federally insured, and that if the institution fails, the Federal Government does not guarantee that they will get back their money.”

Statutory Notes and Related Subsidiaries

Effective Date of 2010 Amendment

Amendment by Puspan. L. 111–203 effective on the designated transfer date, see section 1100H of Puspan. L. 111–203, set out as a note under section 552a of Title 5, Government Organization and Employees.

Effective Date of 2006 Amendment

Amendment by Puspan. L. 109–173 effective Apr. 1, 2006, see section 2(e) of Puspan. L. 109–173, set out as a note under section 1785 of this title.

Effective Date of 1994 Amendment

Puspan. L. 103–325, title III, § 340(span), Sept. 23, 1994, 108 Stat. 2238, provided that: “Section 43(span)(3) of the Federal Deposit Insurance Act [12 U.S.C. 1831t(span)(3)], as amended by subsection (a), shall take effect in accordance with section 151(a)(2)(D) of the Federal Deposit Insurance Corporation Improvement Act of 1991 [see Effective Date note below].”

Effective Date

Puspan. L. 102–242, title I, § 151(a)(2), Dec. 19, 1991, 105 Stat. 2284, provided that: “Section 40 of the Federal Deposit Insurance Act [12 U.S.C. 1831t] (as added by paragraph (1)) shall become effective on the date of enactment of this Act [Dec. 19, 1991], except that—

“(A) paragraphs (1) and (2) of subsection (span) shall become effective 1 year after the date of enactment of this Act;

“(B) during the period beginning 1 year after that date of enactment of this Act and ending 30 months after that date of enactment, subsection (span)(1) shall apply with ‘, and that if the institution fails, the Federal Government does not guarantee that depositors will get back their money’ omitted;

“(C) subsection (e) shall become effective 2 years after that date of enactment; and

“(D) subsection (span)(3) shall become effective 30 months after that date of enactment.”

Viability of Private Deposit Insurers

Puspan. L. 102–242, title I, § 151(span), Dec. 19, 1991, 105 Stat. 2285, as amended by Puspan. L. 102–550, title XVI, § 1603(f)(1), Oct. 28, 1992, 106 Stat. 4081, provided that:

“(1)Deadline for initial independent audit.—The initial annual audit under section 43(a)(1) of the Federal Deposit Insurance Act [12 U.S.C. 1831t(a)(1)] (as added by subsection (a)) shall be completed not later than 120 days after the date of enactment of this Act [Dec. 19, 1991].

“(2)Business plan required.—Not later than 240 days after the date of enactment of this Act [Dec. 19, 1991], any private deposit insurer shall provide a business plan to each appropriate supervisor of each State in which deposits are received by any depository institution lacking Federal deposit insurance the deposits of which are insured by a private deposit insurer. The business plan shall explain in detail why the private deposit insurer is viable, and shall, at a minimum—

“(A) describe the insurer’s—

“(i) underwriting standards;

“(ii) resources, including trends in and forecasts of assets, income, and expenses;

“(iii) risk-management program, including examination and supervision, problem case resolution, and remedies; and

“(B) include, for the preceding 5 years, copies of annual audits, annual reports, and annual meeting agendas and minutes.

“(3)Definitions.—For purposes of this subsection, the terms ‘appropriate supervisor’, ‘depository institution’, ‘lacking Federal deposit insurance’, and ‘private deposit insurer’ have the same meaning as in section 43(f) of the Federal Deposit Insurance Act [12 U.S.C. 1831t(f)] (as added by subsection (a)).”