12 U.S. Code § 371b–2 - Interbank liabilities
The purpose of this section is to limit the risks that the failure of a large depository institution (whether or not that institution is an insured depository institution) would pose to insured depository institutions.
(b) Aggregate limits on insured depository institutions’ exposure to other depository institutions
The Board shall, by regulation or order, prescribe standards that have the effect of limiting the risks posed by an insured depository institution’s exposure to any other depository institution.
(c) “Exposure” defined
(1) In general
For purposes of subsection (b) of this section, an insured depository institution’s “exposure” to another depository institution means—
(A) all extensions of credit to the other depository institution, regardless of name or description, including—
(ii) all purchases of securities or other assets from the other depository institution subject to an agreement to repurchase; and
(C) all securities issued by the other depository institution accepted as collateral for an extension of credit to any person; and
The Board may, at its discretion, by regulation or order, exempt transactions from the definition of “exposure” if it finds the exemptions to be in the public interest and consistent with the purpose of this section.
(3) Attribution rule
For purposes of this section, any transaction by an insured depository institution with any person is a transaction with another depository institution to the extent that the proceeds of the transaction are used for the benefit of, or transferred to, that other depository institution.
(d) Insured depository institution
For purposes of this section, the term “insured depository institution” has the same meaning as in section 1813 of this title.
(e) Rulemaking authority; enforcement
The Board may issue such regulations and orders, including definitions consistent with this section, as may be necessary to administer and carry out the purpose of this section. The appropriate Federal banking agency shall enforce compliance with those regulations under section 1818 of this title.
Source(Dec. 23, 1913, ch. 6, § 23, as added Pub. L. 102–242, title III, § 308(a),Dec. 19, 1991, 105 Stat. 2362.)
Pub. L. 102–242, title III, § 308(c),Dec. 19, 1991, 105 Stat. 2363, provided that: “The amendment made by this section [enacting this section] shall become effective 1 year after the date of enactment of this Act [Dec. 19, 1991].”
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