The law › Title 12, Banks and Banking › Chapter 16
12 U.S.C. 1823: Corporation monies
Created in 1978 by Public Law 95-369. Changed by 14 later laws. 1 new law this Congress changed it.
18 other sections of the Code cite this one, including 12 U.S.C. 36, 12 U.S.C. 43, 12 U.S.C. 1464, 12 U.S.C. 1467a, 12 U.S.C. 1820.
7 parts of federal rules cite it as their authority, written by Federal Deposit Insurance Corporation (7).
- past change
- enacted this Congress
- proposed
This Congress
- H.R. 6644 21st Century ROAD to Housing Act · became law · changed (c)
How it got here
2010
- Pub. L. 111–203, §1106(b)(1)(B), inserted "for the purpose of winding up the insured depository institution for which the Corporation has been appointed receiver" after "provide assistance under this section" in concluding provisions. (Dodd-Frank Wall Street Reform and Consumer Protection Act) Law text · (c)
- Pub. L. 111–203, §1106(b)(1)(A), inserted "for which the Corporation has been appointed receiver" before "would have serious". (Dodd-Frank Wall Street Reform and Consumer Protection Act) Law text · (c)
- Pub. L. 111–203, §1106(b)(2), substituted "Not later than 3 days after making a determination under clause (i), the" for "The". (Dodd-Frank Wall Street Reform and Consumer Protection Act) Law text · (c)
- Pub. L. 111–203, §363(6), substituted "Comptroller of the Currency" for "Director of the Office of Thrift Supervision". (Dodd-Frank Wall Street Reform and Consumer Protection Act) Law text · (k)
2009
- Pub. L. 111–22 amended cl. (ii) generally. Prior to amendment, text read as follows: "The Corporation shall recover the loss to the Deposit Insurance Fund arising from any action taken or assistance provided with respect to an insured depository institution under clause (i) e… Law text · (c)
2008
- Pub. L. 110–343 added par. (11). (Emergency Economic Stabilization Act of 2008) Law text · (c)
2006
- Pub. L. 109–173, §8(a)(19)(B), substituted "Deposit Insurance Fund" for "Bank Insurance Fund, the Savings Association Insurance Fund,". (Federal Deposit Insurance Reform Conforming Amendments Act of 2005) Law text · (a)
- Pub. L. 109–171 repealed Pub. L. 104–208, §2704(d)(14)(M)(i). See 1996 Amendment note below. (Deficit Reduction Act of 2005) Law text · (a)
- Pub. L. 109–173, §8(a)(19)(A), substituted "Deposit Insurance Fund" for "deposit insurance fund" wherever appearing. (Federal Deposit Insurance Reform Conforming Amendments Act of 2005) Law text · (c), (B)
- Pub. L. 109–173, §8(a)(19)(C)(i), substituted "fund" for "funds" in heading. (Federal Deposit Insurance Reform Conforming Amendments Act of 2005) Law text · (c)
- Pub. L. 109–171 repealed Pub. L. 104–208, §2704(d)(14)(M)(ii). See 1996 Amendment note below. (Deficit Reduction Act of 2005) Law text · (c)
- Pub. L. 109–173, §8(a)(19)(C)(ii), substituted "the Deposit Insurance Fund" for "any insurance fund" in introductory provisions. (Federal Deposit Insurance Reform Conforming Amendments Act of 2005) Law text · (c)
- Pub. L. 109–173, §8(a)(19)(D)(i), (ii), in introductory provisions, substituted "Deposit Insurance Fund" for "appropriate insurance fund" and "insured depository institutions" for "the members of the insurance fund (of which such institution is a member)". (Federal Deposit Insurance Reform Conforming Amendments Act of 2005) Law text · (c)
- Pub. L. 109–171 repealed Pub. L. 104–208, §2704(d)(14)(M)(iii). See 1996 Amendment note below. (Deficit Reduction Act of 2005) Law text · (c)
- Pub. L. 109–173, §8(a)(19)(D)(iii), (iv), substituted "the institution's" for "the member's" in two places and substituted "each insured depository institution's" for "each member's". (Federal Deposit Insurance Reform Conforming Amendments Act of 2005) Law text · (c)
- Pub. L. 109–173, §3(a)(8), substituted "assessment period" for "semiannual period". (Federal Deposit Insurance Reform Conforming Amendments Act of 2005) Law text · (c)
- Pub. L. 109–173, §8(a)(19)(E), struck out par. (11) which read as follows: "Payments made under this subsection shall be made— (Federal Deposit Insurance Reform Conforming Amendments Act of 2005) Law text · (c)
- Pub. L. 109–171 repealed Pub. L. 104–208, §2704(d)(14)(M)(iv). See 1996 Amendment note below. (Deficit Reduction Act of 2005) Law text · (c)
- Pub. L. 109–173, §8(a)(19)(F), substituted "Deposit Insurance Fund" for "Bank Insurance Fund". (Federal Deposit Insurance Reform Conforming Amendments Act of 2005) Law text · (h)
- Pub. L. 109–171 repealed Pub. L. 104–208, §2704(d)(14)(M)(v). See 1996 Amendment note below. (Deficit Reduction Act of 2005) Law text · (h)
- Pub. L. 109–173, §8(a)(19)(G), substituted "savings association is" for "Savings Association Insurance Fund member is" in concluding provisions. (Federal Deposit Insurance Reform Conforming Amendments Act of 2005) Law text · (k)
- Pub. L. 109–171 repealed Pub. L. 104–208, §2704(d)(14)(M)(vi). See 1996 Amendment note below. (Deficit Reduction Act of 2005) Law text · (k)
- Pub. L. 109–173, §8(a)(19)(H), substituted "savings associations" for "Savings Association Insurance Fund members" in introductory provisions. (Federal Deposit Insurance Reform Conforming Amendments Act of 2005) Law text · (k)
- Pub. L. 109–171 repealed Pub. L. 104–208, §2704(d)(14)(M)(vii). See 1996 Amendment note below. (Deficit Reduction Act of 2005) Law text · (k)
2005
- Pub. L. 109–8 amended heading and text of par. (2) generally. Prior to amendment, text read as follows: "An agreement to provide for the lawful collateralization of deposits of a Federal, State, or local governmental entity or of any depositor referred to in section 1821(a)(2) of th… (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) Law text · (e)
1996
- Pub. L. 104–208, §2704(d)(14)(M)(i), which directed substitution of "Deposit Insurance Fund, the Special Reserve of the Deposit Insurance Fund," for "Bank Insurance Fund, the Savings Association Insurance Fund,", was repealed by Pub. L. 109–171. See Effective Date of 1996 Amendment … (Magnuson-Stevens Fishery Conservation and Management Act) Law text · (a)
- Pub. L. 104–208, §2704(d)(14)(M)(ii), which directed substitution of "fund" for "funds" in heading and "the Deposit Insurance Fund" for "any insurance fund" in cl. (i), was repealed by Pub. L. 109–171. See Effective Date of 1996 Amendment note below and 2006 Amendment note above. (Magnuson-Stevens Fishery Conservation and Management Act) Law text · (c)
- Pub. L. 104–208, §2704(d)(14)(M)(iii), which directed substitution of "Deposit Insurance Fund" for "appropriate insurance fund", "insured depository institutions" for "the members of the insurance fund (of which such institution is a member)", "each insured depository institu… (Magnuson-Stevens Fishery Conservation and Management Act) Law text · (c)
- Pub. L. 104–208, §2704(d)(14)(M)(iv), which directed striking out par. (11), was repealed by Pub. L. 109–171. See Effective Date of 1996 Amendment note below and 2006 Amendment note above. (Magnuson-Stevens Fishery Conservation and Management Act) Law text · (c)
- Pub. L. 104–208, §2704(d)(14)(M)(v), which directed substitution of "Deposit Insurance Fund" for "Bank Insurance Fund", was repealed by Pub. L. 109–171. See Effective Date of 1996 Amendment note below and 2006 Amendment note above. (Magnuson-Stevens Fishery Conservation and Management Act) Law text · (h)
- Pub. L. 104–208, §2704(d)(14)(M)(vi), which directed substitution of "Deposit Insurance Fund" for "Savings Association Insurance Fund", was repealed by Pub. L. 109–171. See Effective Date of 1996 Amendment note below and 2006 Amendment note above. (Magnuson-Stevens Fishery Conservation and Management Act) Law text · (k)
- Pub. L. 104–208, §2704(d)(14)(M)(vii), which directed substitution of "Deposit Insurance Fund" for "Savings Association Insurance Fund", was repealed by Pub. L. 109–171. See Effective Date of 1996 Amendment note below and 2006 Amendment note above. (Magnuson-Stevens Fishery Conservation and Management Act) Law text · (k)
1994
- Pub. L. 103–325, §602(a)(34), substituted "an insured bank in default" for "a in default insured bank" and "such insured bank" for "such in default insured bank". · (c)
- Pub. L. 103–325, §602(a)(35), substituted "with another insured depository institution" for "with an insured institution" and "by another depository institution" for "by an insured institution". · (c)
- Pub. L. 103–325, §317, designated existing provisions as par. (1) and inserted heading, redesignated former pars. (1) to (4) as subpars. (A) to (D) of par. (1), respectively, and added par. (2). · (e)
- Pub. L. 103–325, §602(a)(36), substituted "the insured bank in default" for "the in default insured bank". · (f)
- Pub. L. 103–325, §602(a)(37), substituted "of" for "of of" after "percent". · (f)
- Pub. L. 103–325, §602(a)(38), substituted "default" for "closing" in heading. · (f)
- Pub. L. 103–325, §602(a)(39), substituted "bank that is in default" for "bank that has in default". · (f)
- Pub. L. 103–325, §602(a)(40), inserted period for semicolon at end. · (f)
- Pub. L. 103–325, §602(a)(41), struck out "or" at end of subpar. (A) and substituted "; or" for period at end of subpar. (B). · (f), (B)
- Pub. L. 103–325, §602(a)(42), substituted "are" for "is". · (f)
1991
- Pub. L. 102–242, §141(a)(1), (e), redesignated former pars. (5) to (9) as (6) to (10), respectively, redesignated subpar. (B) of par. (4) as par. (5), amended par. (4)(A) generally and redesignated it as par. (4), further redesignated pars. (8) to (10) as (9) to (11), respec… · (c)
- Pub. L. 102–242, §123(b), added subpar. (D). · (d)
1989
- Pub. L. 101–73, §217(1), added heading and text of subsec. (a) and struck out former subsec. (a) which read as follows: "Money of the Corporation not otherwise employed shall be invested in obligations of the United States or in obligations guaranteed as to principal and interest by th… · (a)
- Pub. L. 101–73, §217(2), substituted "depository accounts of the Corporation", "temporary purposes of depository accounts", and "depository accounts to facilitate" for "banking or checking accounts of the Corporation", "temporary purposes of banking and checking accounts", and "banking… · (b)
- Pub. L. 101–73, §201(a), substituted "insured depository institutions" for "insured banks". · (b)
- Pub. L. 101–73, §201(a), substituted reference to insured depository institution for reference to insured bank in introductory provisions. · (c)
- Pub. L. 101–73, §217(3)(A), substituted "default" for "closing". · (c)
- Pub. L. 101–73, §201(a), substituted reference to insured depository institution for reference to insured bank. · (c)
- Pub. L. 101–73, §217(3)(C), which directed the amendment of subsec. (c) by substituting "insured depository institution in default" for "in default insured depository institution" wherever appearing, could not be executed because phrase "in default insured depository institution"… · (c)
- Pub. L. 101–73, §217(3)(B), which directed the amendment of subsec. (c) by substituting "a" for "an" wherever appearing before "closed insured bank", could not be executed because "an" did not appear before "closed insured bank" in text. · (c)
- Pub. L. 101–73, §217(3)(A), substituted "in default" for "closed" in two places. · (c)
- Pub. L. 101–73, §201(a), substituted references to insured depository institutions for references to insured banks wherever appearing. · (c)
- Pub. L. 101–73, §217(3)(D)(i), substituted "such other insured depository institution" for "such insured institution" wherever appearing in cls. (ii) and (iii) and "another insured depository institution" for "an insured depository institution" in introductory provisions. · (c)
- Pub. L. 101–73, §217(3)(D)(ii), (iii), in introductory provisions, substituted "the sale of any or all of the assets" for "the sale of assets" and "or the assumption of any or all" for "and the assumption". · (c)
- Pub. L. 101–73, §201(a), substituted "insured depository institution" and "insured depository institution's" for "insured bank" and "insured bank's" wherever appearing. · (c)
- Pub. L. 101–73, §217(3)(A), substituted "in default" for "closed" in cl. (i) and "default" for "closing" in cl. (ii). · (c)
- Pub. L. 101–73, §201(a), substituted references to insured depository institutions for references to insured banks wherever appearing. · (c)
- Pub. L. 101–73, §217(3)(E), added subpar. (C). · (c)
- Pub. L. 101–73, §217(3)(F), substituted "subsection (f) or (k) of this section" for "subsection (f) of this section". · (c)
- Pub. L. 101–73, §201(a), substituted reference to insured depository institution for reference to insured bank. · (c)
- Pub. L. 101–73, §217(3)(G), substituted "depository services" for "banking services" and inserted sentence at end relating to calculation of the cost of assistance. · (c)
- Pub. L. 101–73, §201(a), substituted references to insured depository institutions for references to insured banks wherever appearing. · (c)
- Pub. L. 101–73, §201(a), substituted reference to insured depository institution for reference to insured bank. · (c)
- Pub. L. 101–73, §201(a), substituted references to insured depository institutions for references to insured banks wherever appearing. · (c)
- Pub. L. 101–73, §217(3)(J), added par. (6). Former par. (6) redesignated (7). · (c)
- Pub. L. 101–73, §217(3)(I), redesignated par. (6) as (7). Former par. (7) redesignated (8). · (c)
- Pub. L. 101–73, §217(3)(H), (I), redesignated par. (7) as (8) and struck out former par. (8) which read as follows: "For purposes of this subsection, the term 'insured institution' means an insured bank as defined in section 1813 of this title or an insured institution as defined in… · (c)
- Pub. L. 101–73, §217(3)(K), added par. (9). · (c)
- Pub. L. 101–73, §217(4), added subsec. (d) and struck out former subsec. (d), changing the structure of the subsection from a single unnumbered paragraph to one consisting of four numbered paragraphs. · (d)
- Pub. L. 101–73, §217(4), added subsec. (e) and struck out former subsec. (e) which read as follows: "No agreement which tends to diminish or defeat the right, title or interest of the Corporation in any asset acquired by it under this section, either as security for a loan or by purcha… · (e)
- Pub. L. 101–73, §217(5)(C), inserted "savings association" after "out-of-State bank". · (f)
- Pub. L. 101–73, §217(5)(A), (B), substituted "is in default" for "is closed", and "bank in default" for "closed bank" in three places. · (f)
- Pub. L. 101–73, §217(5)(A), (D), substituted "in default insured bank" for "closed insured bank" in cl. (i), and "a vote of 75 percent of" for "a unanimous vote" in cl. (iii). · (f)
- Pub. L. 101–73, §217(5)(A), substituted "danger of default" for "danger of closing". · (f), (ii), (C), (E)
- Pub. L. 101–73, §217(5)(E), struck out "the constitution of any State," after "State law,". · (f)
- Pub. L. 101–73, §217(5)(A), (B), substituted "danger of default" for "danger of closing" and "bank in default" for "closed bank". · (f)
- Pub. L. 101–73, §217(5)(A), (F), substituted "the bank that has in default or is in danger of default" for "the bank that has closed or is in danger of closing" and "the Corporation shall permit the offeror which made the initial lowest acceptable offer and" for "the Corporation … · (f)
- Pub. L. 101–73, §217(5)(G), added subpar. (C). · (f)
- Pub. L. 101–73, §217(5)(H), redesignated subpar. (C) as (A) and struck out former subpar. (A) which read as follows: "the term 'receiver' means the Corporation when it has been appointed the receiver of a closed insured bank;". · (f)
- Pub. L. 101–73, §217(5)(A), (B), substituted "danger of default" for "danger of closing" in two places and "bank in default" for "closed bank" in two places. · (f)
- Pub. L. 101–73, §217(5)(H), redesignated subpar. (E) as (B) and struck out former subpar. (B) which read as follows: "the term 'insured depository institution' means an insured bank or an association or savings bank insured by the Federal Savings and Loan Insurance Corporation;". · (f)
- Pub. L. 101–73, §217(5)(H), redesignated subpar. (F) as (C). Former subpar. (C) redesignated (A). · (f)
- Pub. L. 101–73, §217(5)(H), redesignated subpar. (G) as (D) and struck out former subpar. (D) which read as follows: "the term 'bank in danger of closing' means an insured bank with respect to which the appropriate Federal or State chartering authority certifies in writing that— · (f)
- Pub. L. 101–73, §217(5)(H), redesignated subpars. (E) to (G) as (B) to (D), respectively. · (f)
- Pub. L. 101–73, §217(5)(I), substituted "certain subsidiaries" for "nonbank subsidiaries" in heading, "subsidiary, other than a subsidiary that is an insured depository institution," for "subsidiary" and "holding company" for "holding company which is not an insured bank" in subpar.… · (f)
- Pub. L. 101–73, §217(5)(J), added par. (12). · (f)
- Pub. L. 101–73, §217(6), substituted "an insured depository institution in default" for "a closed insured depository institution", "default" for "closing", and "Bank Insurance Fund" for "insurance fund". · (h)
- Pub. L. 101–73, §201(a), substituted "insured depository institution" for "insured bank" wherever appearing. · (h)
- Pub. L. 101–73, §217(7)(A), inserted "depository" before "institution" in three places. · (i)
- Pub. L. 101–73, §217(7)(B), substituted "Corporation" for "corporation" where first appearing, "chartered depository institution" for "chartered bank", "State member bank, a savings association," for "State member bank", and "Federal Reserve System or the Director of the Office o… · (i)
- Pub. L. 101–73, §217(7)(A), inserted "depository" before "institution" in two places. · (i)
- Pub. L. 101–73, §217(7)(A), (C), inserted "depository" before "institution" in two places, and struck out "or insured or guaranteed under State law" after "insured under this chapter". · (i)
- Pub. L. 101–73, §217(7)(A), inserted "depository" before "institution" wherever appearing. · (i)
- Pub. L. 101–73, §217(7)(D), struck out par. (10) which read as follows: "Notwithstanding any other Federal or State law, net worth certificates purchased by the Corporation under this subsection shall be deemed to be net worth for statutory and regulatory purposes." · (i)
- Pub. L. 101–73, §217(7)(A), inserted "depository" before "institution". · (i)
- Pub. L. 101–73, §217(7)(D), struck out par. (12) which read as follows: "The Corporation may provide assistance to a qualified institution which is not an insured institution only if the State fund which insures or guarantees the deposits of such qualified institution enters into a… · (i)
- Pub. L. 101–73, §217(7)(A), inserted "depository" before "institution" in two places. · (i)
- Pub. L. 101–73, §217(8), added subsec. (k). · (k)
1987
- Pub. L. 100–86, §509(a), repealed Pub. L. 97–320, §141. See 1982 Amendment notes below.
- Pub. L. 100–86, §502(a), amended par. (1) generally. Prior to amendment, par. (1) read as follows: "Nothing contained in paragraph (2) or (3) shall be construed to limit the Corporation's powers in subsection (c) of this section to assist a transaction under paragraph (2) or (3)." · (f)
- Pub. L. 100–86, §502(b), amended par. (3) generally, substituting subpars. (A) to (G) relating to emergency interstate acquisitions of insured banks in danger of closing for former subpars. (A) to (C) which authorized merger, purchase of assets, or assumption of liabilities of insur… · (f)
- Pub. L. 100–86, §502(c)(1), redesignated cls. (i) to (iii) as subpars. (A) to (C), amended subpar. (A) generally, and added subpars. (D) and (E). Prior to amendment, subpar. (A), as so redesignated, read as follows: "Notwithstanding section 1842(d) of this title or any other provisi… · (f)
- Pub. L. 100–86, §502(i)(1), struck out "to permit" before "an acquisition". · (f)
- Pub. L. 100–86, §502(i)(2), substituted "where the bank" for "where the closed bank" and "in-State holding company" for "in-State bank holding company". · (f)
- Pub. L. 100–86, §502(c)(2)(A), added cls. (ii) to (vi) and struck out former cls. (ii) to (iv) which read as follows: · (f)
- Pub. L. 100–86, §502(c)(2)(B), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: "In considering offers from different States, the Corporation shall give a priority to offers from adjoining States." · (f)
- Pub. L. 100–86, §502(d)–(g), added subpars. (D) to (G). · (f)
- Pub. L. 100–86, §502(c)(3)–(5), added pars. (9) to (11). · (f)
- Pub. L. 100–86, §801, added subsec. (j). · (j)
1983
- Pub. L. 98–29 inserted provision that issuance of net worth certificates in accordance with this subsection shall not constitute a default under the terms of any debt obligations subordinated to the claims of general creditors which were outstanding when such net worth certificat… · (i)
- Pub. L. 97–457, §1(a), inserted "or dividends" after "interest". · (c)
- Pub. L. 97–457, §4, substituted "paragraph" for "paragraphs" wherever appearing. · (f)
- Pub. L. 97–457, §10, inserted "or dividends" after "interest". · (i)
1982
- Pub. L. 97–320, §111, substituted provisions contained in numbered pars. (1) through (8) relating to the Corporation's authority to assist insured banks for prior provisions contained in a single undesignated paragraph authorizing the Corporation, in order to reopen a closed insured ba… · (c)
- Pub. L. 97–320, §141(a)(1), which directed the repeal of par. (5) effective Oct. 13, 1986, was repealed by Pub. L. 100–86, §509(a). See Effective and Termination Dates of 1982 Amendment note and Extension of Emergency Acquisition and Net Worth Guarantee Provisions of Pub. L. 97–320 note set out und… · (c)
- Pub. L. 97–320, §113(m)(2), inserted "(e)" before "No agreement" and struck out provision authorizing the Board of Directors, for the purpose of averting loss to the Corporation and facilitating a merger of an insured bank or facilitating the sale of an insured bank's assets and assump… · (e)
- Pub. L. 97–320, §§113(m)(1), 116, added subsec. (f) and redesignated former subsecs. (f) and (g) as (g) and (h), respectively. · (f), (g), (h)
- Pub. L. 97–320, §141(a)(3), which directed that, effective Oct. 13, 1986, the provisions of law amended by section 116 of Pub. L. 97–320 shall be amended to read as they would without such amendment, was repealed by Pub. L. 100–86, §509(a). See Effective and Termination Dates of 1982 Amendment note… · (f), (g), (h)
- Pub. L. 97–320, §§203, 206, added subsec. (i), relating to net worth certificates, and provided for its prospective repeal. See Effective Date of 1982 Amendment note below. · (i)
1978
- Pub. L. 95–369 added subsec. (g). · (g)
Text, outline and history from the official U.S. Code (2024 edition) on GovInfo, published by the Office of the Law Revision Counsel. Changes made after that edition appear under This Congress.