12 U.S.C. § 164 | Penalty for failure to make reports

(a)

First tier

Any association which—

(1)

maintains procedures reasonably adapted to avoid any inadvertent error and, unintentionally and as a result of such an error—

(A)

section 161 of this title fails to make, obtain, transmit, or publish any report or information required by the Comptroller of the Currency under , within the period of time specified by the Comptroller; or

(B)

submits or publishes any false or misleading report or information; or

(2)

inadvertently transmits or publishes any report which is minimally late,

shall be subject to a penalty of not more than $2,000 for each day during which such failure continues or such false or misleading information is not corrected. The association shall have the burden of proving that an error was inadvertent and that a report was inadvertently transmitted or published late.

(b)

Second tier

Any association which—

(1)

(2)

submits or publishes any false or misleading report or information,

in a manner not described in subsection (a) shall be subject to a penalty of not more than $20,000 for each day during which such failure continues or such false or misleading information is not corrected.

(c)

Third tier

Notwithstanding subsections (a) and (b), if any association knowingly or with reckless disregard for the accuracy of any information or report described in subsection (b) submits or publishes any false or misleading report or information, the Comptroller may assess a penalty of not more than $1,000,000 or 1 percent of total assets of the association, whichever is less, per day for each day during which such failure continues or such false or misleading information is not corrected.

(d)

Assessment; etc.

section 1818(i)(2) of this titleAny penalty imposed under subsection (a), (b), or (c) shall be assessed and collected by the Comptroller of the Currency in the manner provided in subparagraphs (E), (F), (G), and (I) of (for penalties imposed under such section) and any such assessment (including the determination of the amount of the penalty) shall be subject to the provisions of such section.

(e)

Hearing

1 So in original. Probably should be “section”.

Section 1818(h) of this titleAny association against which any penalty is assessed under this subsection  shall be afforded an agency hearing if such association submits a request for such hearing within 20 days after the issuance of the notice of assessment. shall apply to any proceeding under this section.

Pub. L. 86–230, § 12Sept. 8, 195973 Stat. 458 Pub. L. 101–73, title IX, § 911(b)(2)Aug. 9, 1989103 Stat. 478(R.S. § 5213; , , ; , , .)

Editorial Notes

Codification

act Mar. 3, 1869, ch. 130 15 Stat. 326R.S. § 5213 derived from , §§ 1, 2, , 327.

Amendments

Pub. L. 101–73 section 161 of this title1989— amended section generally. Prior to amendment, section read as follows: “Every association which fails to make and transmit any report required under shall be subject to a penalty of $100 for each day after the periods, respectively, therein mentioned, that it delays to make and transmit its report. Whenever any association delays or refuses to pay the penalty herein imposed, after it has been assessed by the Comptroller of the Currency, the amount thereof may be retained by the Treasurer of the United States, upon the order of the Comptroller of the Currency, out of the interest, as it may become due to the association, on the bonds deposited with him to secure circulation. All sums of money collected for penalties under this section shall be paid into the Treasury of the United States.”

Pub. L. 86–230 section 161 of this title1959— substituted “” for “either section 161 or 163 of this title”.

Statutory Notes and Related Subsidiaries

Effective Date of 1989 Amendment

Pub. L. 101–73Aug. 9, 1989section 911(i) of Pub. L. 101–73 section 161 of this titleAmendment by applicable with respect to reports filed or required to be filed after , see , set out as a note under .

Executive Documents

Exception as to Transfer of Functions

section 1 of this titleFunctions vested by any provision of law in Comptroller of the Currency, referred to in this section, not included in transfer of functions to Secretary of the Treasury, see note set out under .