Source
(Sept. 21, 1950, ch. 967, § 2[24], as added Pub. L. 102–242, title III, § 303(a), Dec. 19, 1991, 105 Stat. 2349; amended Pub. L. 102–550, title XVI, § 1605(a)(8), Oct. 28, 1992, 106 Stat. 4086; Pub. L. 103–328, title I, § 102(b)(3)(B), Sept. 29, 1994, 108 Stat. 2351; Pub. L. 104–208, div. A, title II, §§ 2217,
2704
(d)(14)(W), Sept. 30, 1996, 110 Stat. 3009–414, 3009–494; Pub. L. 105–24, § 2(a), July 3, 1997, 111 Stat. 238; Pub. L. 109–171, title II, § 2102(b), Feb. 8, 2006, 120 Stat. 9; Pub. L. 109–173, § 8(a)(31), Feb. 15, 2006, 119 Stat. 3615.)
References in Text
The Investment Company Act of 1940, referred to in subsec. (f)(2)(A), is title I of act Aug. 22, 1940, ch. 686,
54 Stat. 789, as amended, which is classified generally to subchapter I (§ 80a–1 et seq.) of chapter
2D of Title
15, Commerce and Trade. For complete classification of this Act to the Code, see section
80a–51 of Title
15 and Tables.
Section
1831u of this title, referred to in subsec. (j)(4), was subsequently amended, and subsec. (f) of section
1831u no longer defines the terms “host State”, “home State”, and “out-of-State bank”. However, such terms are defined elsewhere in that section.
Prior Provisions
A prior section
1831a, act Sept. 21, 1950, ch. 967, § 2[24], as added Dec. 28, 1979,
Pub. L. 96–161, title II, § 202,
93 Stat. 1235, provided that if the applicable rate prescribed in subsec. (a) exceeded the rate a State bank would be permitted to charge in absence of that subsection, that State bank could for a business or agricultural loan of $25,000 or more, notwithstanding State law, take or charge on any evidence of debt, interest of not more than 5 per centum in excess of the discount rate in effect at the Federal Reserve Bank in the district where the bank was located, that the taking or charging of interest at a greater rate than that prescribed by subsec. (a), if knowingly done, would be deemed a forfeit of the entire interest on that particular evidence of debt, and that if such greater rate of interest had already been paid, the payor could recover twice the amount of such payment in a civil action commenced within two years of such payment, prior to repeal by
Pub. L. 96–221, title V, § 529, Mar. 31, 1980,
94 Stat. 168, effective at close of Mar. 31, 1980.
Another prior section
1831a, act Sept. 21, 1950, ch. 967, § 2[24], as added Nov. 5, 1979,
Pub. L. 96–104, title I, § 102,
93 Stat. 789, identical to this section as added by
Pub. L. 96–161, was repealed by section 212 of
Pub. L. 96–161, effective at the close of Dec. 27, 1979, except that its provisions would continue to apply to any loan made in any State on or after Nov. 5, 1979, but prior to such repeal.
Another prior section
1831a, act Sept. 21, 1950, ch. 967, § 2[24], as added Oct. 29, 1974,
Pub. L. 93–501, title II, § 202,
88 Stat. 1558, identical to this section as added by
Pub. L. 96–104, was repealed by section 1 of
Pub. L. 96–104 except that its provisions shall continue to apply to any loan made in any State during the period specified in section 206 of
Pub. L. 93–501.
Amendments
2006—Subsecs. (a)(1)(A), (d)(1)(A).
Pub. L. 109–173, § 8(a)(31)(A), substituted “Deposit Insurance Fund” for “appropriate deposit insurance fund”.
Pub. L. 109–171 repealed
Pub. L. 104–208, § 2704(d)(14)(W). See 1996 Amendment note below.
Subsec. (e)(2)(A).
Pub. L. 109–173, § 8(a)(31)(B), substituted “risk to the Deposit Insurance Fund.” for “risk to the insurance fund of which such banks are members.”
Subsecs. (e)(2)(B)(ii), (f)(6)(B).
Pub. L. 109–173, § 8(a)(31)(C), substituted “the Deposit Insurance Fund” for “the insurance fund of which such bank is a member”.
1997—Subsec. (j).
Pub. L. 105–24 amended subsec. (j) generally, substituting pars. (1) to (4) for former pars. (1) to (3) relating to general provisions, activities of branches, and definitions, respectively.
1996—Subsec. (a).
Pub. L. 104–208, § 2217(1), substituted “Permissible activities” for “In general” in heading, designated existing provisions as par. (1) and inserted heading, redesignated former pars. (1) and (2) as subpars. (A) and (B) of par. (1), respectively, and realigned margins, and added par. (2).
Subsec. (a)(1)(A).
Pub. L. 104–208, § 2704(d)(14)(W), which directed substitution of “Deposit Insurance Fund” for “appropriate deposit insurance fund”, was repealed by
Pub. L. 109–171. See Effective Date of 1996 Amendment note below and 2006 Amendment note above.
Subsec. (d)(1)(A).
Pub. L. 104–208, § 2704(d)(14)(W), which directed substitution of “Deposit Insurance Fund” for “appropriate deposit insurance fund”, was repealed by
Pub. L. 109–171. See Effective Date of 1996 Amendment note below and 2006 Amendment note above.
Subsec. (d)(3).
Pub. L. 104–208, § 2217(2), added par. (3).
1994—Subsec. (j).
Pub. L. 103–328 added subsec. (j).
1992—Subsec. (e)(1)(B).
Pub. L. 102–550 amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “meets the consumer disclosure requirements under section
1828
(k) of this title with respect to such insurance.”
Effective Date of 2006 Amendment
Amendment by
Pub. L. 109–173 effective Mar. 31, 2006, see section 8(b) of
Pub. L. 109–173, set out as a note under section
1813 of this title.
Amendment by
Pub. L. 109–171 effective no later than the first day of the first calendar quarter that begins after the end of the 90-day period beginning Feb. 8, 2006, see section 2102(c) of
Pub. L. 109–171, set out as a Merger of BIF and SAIF note under section
1821 of this title.
Effective Date of 1996 Amendment
Amendment by section 2704(d)(14)(W) of
Pub. L. 104–208 effective Jan. 1, 1999, if no insured depository institution is a savings association on that date, see section 2704(c) of
Pub. L. 104–208, formerly set out as a note under section
1821 of this title.
Effective Date of 1992 Amendment
Amendment by
Pub. L. 102–550 effective as if included in the Federal Deposit Insurance Corporation Improvement Act of 1991,
Pub. L. 102–242, as of Dec. 19, 1991, see section 1609(a) of
Pub. L. 102–550, set out as a note under section
191 of this title.
Right of State To Opt Out
Section 3 of
Pub. L. 105–24 provided that: “Nothing in this Act [amending this section and section
36 of this title and enacting provisions set out as a note under section
1811 of this title] alters the right of States under section 525 of Public Law 96–221 [
12 U.S.C.
1785 note ].”