US Code

Public Law 119-73 (01/23/2026)

12 U.S.C. § 1816

Factors to be considered

section 1814 of this titlesection 1814 of this titlesection 1815 of this titlesection 1815 of this titleThe factors that are required, under , to be considered in connection with, and enumerated in, any certificate issued pursuant to and that are required, under , to be considered by the Board of Directors in connection with any determination by such Board pursuant to are the following:
(1)
The financial history and condition of the depository institution.
(2)
The adequacy of the depository institution’s capital structure.
(3)
The future earnings prospects of the depository institution.
(4)
The general character and fitness of the management of the depository institution.
(5)
The risk presented by such depository institution to the Deposit Insurance Fund.
(6)
The convenience and needs of the community to be served by such depository institution.
(7)
Whether the depository institution’s corporate powers are consistent with the purposes of this chapter.

Sept. 21, 1950, ch. 967, § 264 Stat. 876Pub. L. 101–73, title II, § 207103 Stat. 206Pub. L. 104–208, div. A, title II, § 2704(d)(14)(F)110 Stat. 3009–491Pub. L. 109–171, title II, § 2102(b)120 Stat. 9Pub. L. 109–173, § 8(a)(7)119 Stat. 3611([6], ; , , ; , , ; , , ; , , .)

Editorial Notes

Prior Provisions

section 264 of this titlesection 1811 of this titleSection is derived from subsec. (g) of former . See Codification note set out under .

Amendments

Pub. L. 109–1732006—Par. (5). substituted “Deposit Insurance Fund” for “Bank Insurance Fund or the Savings Association Insurance Fund”.

Pub. L. 109–171Pub. L. 104–208, § 2704(d)(14)(F) repealed . See 1996 Amendment note below.

Pub. L. 104–208, § 2704(d)(14)(F)Pub. L. 109–1711996—Par. (5). , which directed substitution of “Deposit Insurance Fund” for “Bank Insurance Fund or the Savings Association Insurance Fund”, was repealed by . See Effective Date of 1996 Amendment note below and 2006 Amendment note above.

Pub. L. 101–73section 1814 of this titlesection 1815 of this title1989— amended section generally. Prior to amendment, section read as follows: “The factors to be enumerated in the certificate required under and to be considered by the Board of Directors under shall be the following: The financial history and condition of the bank, the adequacy of its capital structure, its future earnings prospects, the general character of its management, the convenience and needs of the community to be served by the bank, and whether or not its corporate powers are consistent with the purposes of this chapter.”

Statutory Notes and Related Subsidiaries

Effective Date of 2006 Amendment

Pub. L. 109–173section 8(b) of Pub. L. 109–173section 1813 of this titleAmendment by effective , see , set out as a note under .

Pub. L. 109–171section 2102(c) of Pub. L. 109–171section 1821 of this titleAmendment by effective no later than the first day of the first calendar quarter that begins after the end of the 90-day period beginning , see , set out as a Merger of BIF and SAIF note under .

Effective Date of 1996 Amendment

Pub. L. 104–208section 2704(c) of Pub. L. 104–208section 1821 of this titleAmendment by effective , if no insured depository institution is a savings association on that date, see , formerly set out as a note under .