12 U.S.C. § 2155 | Liability of banks; United States not liable

(a)

Joint and several liability of banks

(1)

Each bank of the System shall be fully liable on notes, bonds, debentures, or other obligations issued by it individually, and shall be liable for the interest payments on long-term notes, bonds, debentures, or other obligations issued by other banks operating under the same subchapter of this chapter.

(2)

(A)

Each bank shall also be primarily liable for the portion of any issue of consolidated or System-wide obligations made on its behalf and be jointly and severally liable for the payment of any additional sums as called upon by the Farm Credit Administration in order to make payments of interest or principal which any bank primarily liable therefor shall be unable to make.

(B)

Such calls first shall be made on all nondefaulting banks in proportion to each such bank’s proportionate share of the aggregate available collateral held by all such banks.

(C)

section 2154 of this title For purposes of this paragraph, the term “available collateral” means the amount (determined at the close of the last calendar quarter ending before such call) by which a bank’s collateral as described in exceeds the collateral required to support the bank’s outstanding notes, bonds, debentures, and other similar obligations.

(D)

If the Farm Credit Administration makes any such call and the available collateral of all such banks does not fully satisfy the liability necessitating such calls, such calls shall be made on all nondefaulting banks in proportion to each such bank’s remaining assets.

(E)

Any System bank that, pursuant to a call by the Farm Credit Administration, makes a payment of principal or interest to the holder of any consolidated or System-wide obligation issued on behalf of another System bank shall be subrogated to all rights of the holder against such other bank to the extent of such payment.

(F)

On making such a call with respect to obligations issued on behalf of a System bank, the Farm Credit Administration shall appoint a receiver for the bank, which shall expeditiously liquidate or otherwise wind up the affairs of the bank.

(b)

Resolutions as to liability; execution of obligations

Each bank participating in an issue shall by appropriate resolution undertake such responsibility as provided in subsection (a), and in the case of consolidated or System-wide obligations shall authorize the execution of such long-term notes, bonds, debentures, or other obligations on its behalf. When a consolidated or System-wide issue is approved, the notes, bonds, debentures, or other obligations shall be executed and the banks shall be liable thereon as provided herein.

(c)

United States liability

The United States shall not be liable or assume any liability directly or indirectly thereon.

(d)

Insurance Fund called on before invoking joint and several liability

January 6, 1988Beginning 5 years after , the Farm Credit Administration shall not call on any System institution to satisfy the liability of the institution on any joint, consolidated, or System-wide obligation participated in by the institution or with respect to which the institution is primarily, or jointly and severally, liable, before the Farm Credit Insurance Fund is exhausted, even if the Fund is only able to make a partial payment because of insufficient amounts in the Fund.

Pub. L. 92–181, title IV, § 4Dec. 10, 197185 Stat. 611 Pub. L. 99–205, title I, § 101(4)Dec. 23, 198599 Stat. 1679 Pub. L. 100–233, title II, § 207(c)Jan. 6, 1988101 Stat. 1608 Pub. L. 100–399, title III, § 303Aug. 17, 1988102 Stat. 995(.4, , ; , title II, § 205(f)(2), , , 1706; , title III, § 303, , , 1620; , , .)

Editorial Notes

Amendments

Pub. L. 100–233, § 303(a)1988—Subsec. (a). , amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “Each bank of the System shall be fully liable on notes, bonds, debentures, or other obligations issued by it individually, and shall be liable for the interest payments on long-term notes, bonds, debentures, or other obligations issued by other banks operating under the same subchapter of this chapter. Each bank shall also be primarily liable for the portion of any issue of consolidated or System-wide obligations made on its behalf and be jointly and severally liable for the payment of any additional sums as called upon by the Farm Credit Administration in order to make payments of interest or principal which any bank primarily liable therefor shall be unable to make. Such calls shall be made first upon the other banks operating under the same subchapter of this chapter as the defaulting bank, and second upon banks operating under other subchapters of this chapter, taking into consideration the capital, surplus, bonds, debentures, or other obligations which each may have outstanding at the time of such assessment.”

Pub. L. 100–233, § 207(c)Subsec. (c). , redesignated subsec. (d) as (c), and struck out former subsec. (c) which provided that for purposes of this part, the term “bank” included the Capital Corporation.

Pub. L. 100–399Subsec. (d). redesignated subsec. (e) as (d).

Pub. L. 100–233, § 207(c), redesignated subsec. (d) as (c).

Pub. L. 100–399Subsec. (e). redesignated subsec. (e) as (d).

Pub. L. 100–233, § 303(b), added subsec. (e).

Pub. L. 99–205, § 205(f)(2)1985—Subsec. (b). , substituted “execution of” for “Governor to execute” in first sentence and struck out “by the Governor” after “shall be executed” in second sentence.

Pub. L. 99–205, § 101(4)Subsecs. (c), (d). , added subsec. (c) and redesignated former subsec. (c) as (d).

Statutory Notes and Related Subsidiaries

Effective Date of 1988 Amendment

Pub. L. 100–399 Pub. L. 100–233Jan. 6, 1988section 1001(a) of Pub. L. 100–399 section 2002 of this titleAmendment by effective as if enacted immediately after enactment of , which was approved , see , set out as a note under .

Effective Date of 1985 Amendment

Pub. L. 99–205Dec. 23, 1985section 401 of Pub. L. 99–205 section 2001 of this titleAmendment by effective thirty days after , see , set out as a note under .