US Code

Public Law 119-90 (05/11/2026)

12 U.S.C. § 4406a

Treatment of contracts with uninsured national banks, uninsured Federal branches and agencies, certain uninsured State member banks, and Edge Act corporations

(a)

In general

12 U.S.C. 1821(e)12 U.S.C. 6111
1 See References in Text note below.
Notwithstanding any other provision of law, paragraphs (8), (9), (10), and (11) of section 11(e) of the Federal Deposit Insurance Act [] shall apply to an uninsured national bank or uninsured Federal branch or Federal agency, a corporation chartered under section 25A of the Federal Reserve Act [ et seq.], or an uninsured State member bank which operates, or operates as, a multilateral clearing organization pursuant to section 4422  of this title, except that for such purpose—
(1)
12 U.S.C. 611 any reference to the “Corporation as receiver” or “the receiver or the Corporation” shall refer to the receiver appointed by the Comptroller of the Currency in the case of an uninsured national bank or uninsured Federal branch or agency, or to the receiver appointed by the Board of Governors of the Federal Reserve System in the case of a corporation chartered under section 25A of the Federal Reserve Act [ et seq.] or an uninsured State member bank;
(2)
12 U.S.C. 1821(e)(8)(D)12 U.S.C. 611 any reference to the “Corporation” (other than in section 11(e)(8)(D) of such Act []), the “Corporation, whether acting as such or as conservator or receiver”, a “receiver”, or a “conservator” shall refer to the receiver or conservator appointed by the Comptroller of the Currency in the case of an uninsured national bank or uninsured Federal branch or agency, or to the receiver or conservator appointed by the Board of Governors of the Federal Reserve System in the case of a corporation chartered under section 25A of the Federal Reserve Act [ et seq.] or an uninsured State member bank; and
(3)
12 U.S.C. 6111 any reference to an “insured depository institution” or “depository institution” shall refer to an uninsured national bank, an uninsured Federal branch or Federal agency, a corporation chartered under section 25A of the Federal Reserve Act [ et seq.], or an uninsured State member bank which operates, or operates as, a multilateral clearing organization pursuant to section 4422  of this title.
(b)

Liability

12 U.S.C. 611112 U.S.C. 1821(e)The liability of a receiver or conservator of an uninsured national bank, uninsured Federal branch or agency, a corporation chartered under section 25A of the Federal Reserve Act [ et seq.], or an uninsured State member bank which operates, or operates as, a multilateral clearing organization pursuant to section 4422  of this title, shall be determined in the same manner and subject to the same limitations that apply to receivers and conservators of insured depository institutions under section 11(e) of the Federal Deposit Insurance Act [].

(c)

Regulatory authority

(1)

In general

12 U.S.C. 6111The Comptroller of the Currency in the case of an uninsured national bank or uninsured Federal branch or agency and the Board of Governors of the Federal Reserve System in the case of a corporation chartered under section 25A of the Federal Reserve Act [ et seq.], or an uninsured State member bank that operates, or operates as, a multilateral clearing organization pursuant to section 4422  of this title, in consultation with the Federal Deposit Insurance Corporation, may each promulgate regulations solely to implement this section.

(2)

Specific requirement

12 U.S.C. 1821(e)12 U.S.C. 1811In promulgating regulations, limited solely to implementing paragraphs (8), (9), (10), and (11) of section 11(e) of the Federal Deposit Insurance Act [], the Comptroller of the Currency and the Board of Governors of the Federal Reserve System each shall ensure that the regulations generally are consistent with the regulations and policies of the Federal Deposit Insurance Corporation adopted pursuant to the Federal Deposit Insurance Act [ et seq.].

(d)

Definitions

section 3101 of this titleFor purposes of this section, the terms “Federal branch”, “Federal agency”, and “foreign bank” have the same meanings as in .

Pub. L. 102–242, title IV, § 407Pub. L. 109–8, title IX, § 906(d)(2)119 Stat. 169 (, as added , , .)

Editorial Notes

References in Text

section 611 of this titleSection 25A of the Federal Reserve Act, referred to in subsecs. (a), (b), and (c)(1), popularly known as the Edge Act, is classified to subchapter II (§ 611 et seq.) of chapter 6 of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Section 4422 of this titlePub. L. 111–203, title VII, § 740124 Stat. 1729 , referred to in subsecs. (a) to (c)(1), was repealed by , , .

section 1821(e)(8)(D) of this titleSection 11(e)(8)(D) of such Act, referred to in subsec. (a)(2), probably means section 11(e)(8)(D) of the Federal Deposit Insurance Act, which is classified to .

act Sept. 21, 1950, ch. 967, § 2 64 Stat. 873 section 1811 of this titleThe Federal Deposit Insurance Act, referred to in subsec. (c)(2), is , , which is classified generally to chapter 16 (§ 1811 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Prior Provisions

section 407 of Pub. L. 102–242section 4407 of this titleA prior was renumbered section 407A and is classified to .

Statutory Notes and Related Subsidiaries

Effective Date

section 1501 of Pub. L. 109–8section 101 of Title 11Section effective 180 days after , and not applicable with respect to cases commenced under Title 11, Bankruptcy, before such effective date, except as otherwise provided, see , set out as an Effective Date of 2005 Amendment note under .