Real estate loans and related assistance
Real estate loans
The Farm Credit Banks may make or participate with other lenders in long-term real estate mortgage loans in rural areas, as defined by the Farm Credit Administration, or to producers or harvesters of aquatic products, and make continuing commitments to make such loans under specified circumstances, for a term of not less than 5 nor more than 40 years.
Financial assistance
section 2279b(a) of this titleThe Farm Credit Banks may provide and extend financial assistance to, and discount for, or purchase from, a Federal land bank association any note, draft, or other obligation with the endorsement or guarantee of the association, the proceeds of which have been advanced to persons eligible and for purposes of financing by the association, as authorized under .
Intermediate credit
In general
Participation with other entities
section 2206 of this titleThe Farm Credit Banks may participate with one or more production credit associations or other Farm Credit Banks in the making of loans to eligible borrowers and may participate with one or more other Farm Credit System institutions in loans made under this subchapter or other subchapters of this chapter on the basis prescribed in .
Limitations on extension of financial services
General rule
No paper shall be purchased from or discounted for, and no loans shall be made or other similar financial assistance extended by a Farm Credit Bank to any entity identified in paragraph (1)(B) of this subsection if the amount of such paper added to the aggregate liabilities of such entity, whether direct or contingent (other than bona fide deposit liabilities), exceeds ten times the paid-in and unimpaired capital and surplus of such entity or the amount of such liabilities permitted under the laws of the jurisdiction creating such institution, whichever is the lesser.
Limitation on national bank
It shall be unlawful for any national bank which is indebted to any Farm Credit Bank, on paper discounted or purchased under paragraph (1), to incur any additional indebtedness, if by virtue of such additional indebtedness its aggregate liabilities direct or contingent, will exceed the limitation described in subparagraph (A).
FCA regulations
In general
All of the loans, financial assistance, discounts and purchases authorized by this subsection shall be subject to regulations of the Farm Credit Administration and shall be secured by collateral, if any, as may be required in such regulations.
Requirement of regulations
Fees
The regulations may authorize a Farm Credit Bank to charge reasonable fees for any commitment to extend service under this section to such a financing institution.
Subsidiaries and affiliates
For purposes of this subsection, a financing institution together with the subsidiaries and affiliates of such may be considered as one, but such determination to consider such institution together with the subsidiaries and affiliates of such as one shall be made in the first instance by the bank and in the event of a denial by the bank of its services to a financial institution, then by the Farm Credit Administration on a case-by-case basis with due regard to the total relationship of the financing institution, its subsidiaries, and affiliates.
Effective date
Nothing in this section shall require termination of discount relationships in existence on .
Pub. L. 92–181, title I, § 1Pub. L. 100–233, title IV, § 401101 Stat. 1625Pub. L. 100–399, title IV, § 401(e)102 Stat. 995(.7, as added , , ; amended , (f), , , 996.)
Editorial Notes
Codification
In subsec. (b)(5), “” substituted for “the effective date of the Farm Credit Act Amendments of 1980”.
Prior Provisions
Pub. L. 92–181, title I, § 185 Stat. 585Pub. L. 96–592, title I, § 10494 Stat. 3438Pub. L. 99–509, title I, § 1033(a)100 Stat. 1877Pub. L. 100–233, § 401A prior section 2015, .7, , ; , , ; , , , related to interest rates and other charges, prior to the general amendment of this subchapter by .
Amendments
Pub. L. 100–399, § 401(e)1988—Subsec. (a). , inserted in heading “and related assistance” and amended text generally. Prior to amendment, text read as follows: “The Farm Credit Banks are authorized to make or participate with other lenders in long-term real estate mortgage loans in rural areas, as defined by the Farm Credit Administration, or to producers or harvesters of aquatic products, and make continuing commitments to make such loans under specified circumstances, for a term of not less than 5 nor more than 40 years.”
Pub. L. 100–399, § 401(f)(1)Subsec. (b)(2). , struck out provision that banks may own and lease or lease with an option to purchase to persons eligible for assistance under this subchapter, equipment needed in the operations of such persons.
Pub. L. 100–399, § 401(f)(2)Subsec. (b)(3). , substituted in heading “services” for “assistance” and in subpar. (B) “described in subparagraph (A)” for “herein contained”.
Pub. L. 100–399, § 401(f)(3)Subsec. (b)(4)(A). , substituted “subsection” for “section”.
Statutory Notes and Related Subsidiaries
Effective Date of 1988 Amendment
Pub. L. 100–399section 401 of Pub. L. 100–233section 1001(b) of Pub. L. 100–399section 2002 of this titleAmendment by effective immediately after amendment made by , which was effective 6 months after , see , set out as a note under .
Effective Date
Pub. L. 100–233, title IV, § 401101 Stat. 1622, , , provided that this section is effective 6 months after .