12-U.S.C.-2131
§2131 – Loans
Pathway
Title 12 > Chapter 23 > Subchapter III > Part A > Section 2131
Details
- Reference: Section 2131
- Legend: §2131 – Loans
- USCode Year: 2013
Provision Content
(a) Interest rates and charges
Loans made by a bank for cooperatives shall bear interest at a rate or rates determined by the board of directors of the bank from time to time. In setting rates and charges, it shall be the objective to provide the types of credit needed by eligible borrowers at the lowest reasonable cost on a sound business basis, taking into account the net cost of money to the bank, necessary reserves and expenses of the bank, and services provided. The loan documents may provide for the interest rate or rates to vary from time to time during the repayment period of the loan, in accordance with the rate or rates currently being charged by the bank.
(b) Security
Loans shall be made upon such terms, conditions, and security, if any, as may be determined by the bank in accordance with regulations of the Farm Credit Administration.
(c) Lien
Each bank for cooperatives shall have a first lien on all stock or other equities in the bank as collateral for the payment of any indebtedness of the owner thereof to the bank. In the case of a direct loan to an eligible cooperative by the Central Bank, the Central Bank shall have a first lien on the stock and equities of the borrower in the district bank and the district bank shall have a lien thereon junior only to the lien of the Central Bank.
(d) Cancellation; application on indebtedness
In any case where the debt of a borrower is in default, or in any case of liquidation or dissolution of a present or former borrower from a bank for cooperatives, the bank may, but shall not be required to, retire and cancel all or a part of the stock, allocated surplus or contingency reserves, or any other equity in the bank owned by or allocated to such borrower, at the fair market value thereof not exceeding par, and, to the extent required in such cases, corresponding shares and allocations and other equity interests held by a district bank in another district bank on account of such indebtedness, shall be retired or equitably adjusted. In no event shall the banks equities be retired or canceled if the retirement or cancellation would adversely affect the banks capital structure, as determined by the Farm Credit Administration.
(Pub. L. 92–181, title III, §3.10, Dec. 10, 1971, 85 Stat. 606; Pub. L. 96–592, title III, §307, Dec. 24, 1980, 94 Stat. 3445; Pub. L. 99–509, title I, §1033(c), Oct. 21, 1986, 100 Stat. 1877.)
Amendments
1986—Subsec. (a). Pub. L. 99–509 struck out , with the approval of the Farm Credit Administration as provided in section 2205 of this title after from time to time.
1980—Subsec. (a). Pub. L. 96–592, §307(1), inserted reference to section 2205 of this title.
Subsec. (d). Pub. L. 96–592, §307(2), substituted market for book and inserted provisions respecting retirement or cancellation of equities as affected by the capital structure.
U.S. Encyclopedia of Law Coverage
12-U.S.C.-2095 in the Legal Encyclopedia: Banking Law
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12-U.S.C.-2122 in the Legal Encyclopedia: Farm Credit System
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Subchapter III – Banks For Cooperatives in the Legal Encyclopedia: Credit Institutions
In this entry about Subchapter III – Banks For Cooperatives, find legal reference material, bibliographies and premiere content related to credit institutions in the American Encyclopedia of Law, presenting a comprehensive view of the United States credit institutions-specific issues, written by authorities in the field.
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