12 U.S. Code § 2279aa–10 - Funding for guarantee; reserves of Corporation
The Corporation shall provide guarantees for securities representing interests in, or obligations backed by, pools of qualified loans through commitments issued by the Corporation providing for guarantees.
(b) Guarantee fees
(1) Initial fee
At the time a guarantee is issued by the Corporation, the Corporation shall assess the certified facility a fee of not more than 1/2 of 1 percent of the initial principal amount of each pool of qualified loans.
(2) Annual fees
Beginning in the second year after the date the guarantee is issued under paragraph (1), the Corporation may, at the end of each year, assess the certified facility an annual fee of not more than 1/2 of 1 percent of the principal amount of the loans then constituting the pool.
(3) Determination of amount
The Corporation shall establish such fees on the amount of risk incurred by the Corporation in providing the guarantees with respect to which such fee is assessed, as determined by the Corporation. Fees assessed under paragraphs (1) and (2) shall be established on an actuarially sound basis.
(c) Corporation reserve against guarantees losses required
(1) In general
So much of the fees assessed under this section as the Board determines to be necessary shall be set aside by the Corporation in a segregated account as a reserve against losses arising out of the guarantee activities of the Corporation.
(2) Exhaustion of reserve required
The Corporation may not issue obligations to the Secretary of the Treasury under section 2279aa–13 of this title in order to meet the obligations of the Corporation with respect to any guarantees provided under this subchapter until the reserve established under paragraph (1) has been exhausted.
Source(Pub. L. 92–181, title VIII, § 8.10, as added Pub. L. 100–233, title VII, § 702,Jan. 6, 1988, 101 Stat. 1701; amended Pub. L. 104–316, title I, § 106(f),Oct. 19, 1996, 110 Stat. 3831.)
1996—Subsec. (b)(4). Pub. L. 104–316substituted “Review” for “Annual review” in heading and “may review” for “shall annually review” in text.
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