Title 12 — Banks and Banking
Part A · Chapter 23 — Farm Credit System
§ 2074. Production credit association capitalization
Statutory text
In general
In accordance with section 2154a of this title, each production credit association shall provide, through its bylaws and subject to Farm Credit Administration regulations, for its capitalization and the manner in which its stock shall be issued, held, transferred, and retired and, except as provided in subsection (b), its earnings distributed.
Application of earnings
At the end of each fiscal year, each production credit association shall apply the amount of the earnings of the association for the fiscal year in excess of the operating expenses of the association (including provision for valuation reserves against loan assets in accordance with generally accepted accounting principles)—
first, to the restoration of the impairment (if any) of capital; and
second, to the establishment and maintenance of the surplus accounts, the minimum aggregate amount of which shall be prescribed by the Farm Credit Bank.
Patronage
When the bylaws of an association so provide and subject to the general directions of the Farm Credit Administration, available net earnings at the end of any fiscal year may be distributed on a patronage basis in stock, participation certificates, or in cash. Any part of the earnings of the fiscal year in excess of the operating expenses for such year held in the surplus account may be allocated to patrons on a patronage basis.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Farm Credit Act of 1971
Pub. L. 92–181 title II § 2 · 85 Stat. 583
Enacted · 12 U.S.C. § 2074
Pub. L. 92–181, title II, § 2.3, as added Pub. L. 100–233, title IV, § 401, Jan. 6, 1988, 101 Stat. 1632
Source evidence
Code source credit
Pub. L. 92–181, title II, § 2.3, as added Pub. L. 100–233, title IV, § 401, Jan. 6, 1988, 101 Stat. 1632Enacted provision · exact public law section
(2) Have succession until dissolved under the provisions of this Act or other Act of Congress.Farm Credit Banks and Associations Safety and Soundness Act of 1992
Pub. L. 102–552 title V § 501 · 106 Stat. 4102
Amended · 12 U.S.C. § 2074(b)
Pub. L. 102–552 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “Each production credit association at the end of each fiscal year shall apply the amount of the earnings of the association for such year in excess of the operating expenses of the association (including provision for valuation reserves against loan assets in an amount equal to one-half of 1 percent of the loans outstanding at the end of the fiscal year to the extent that such earnings in such year in excess of other operating expenses permit, or in such greater amounts as are deemed necessary under generally accepted accounting principles, until such reserves equal or exceed 3½ percent of the loans outstanding at the end of the fiscal year, beyond which 3½ percent further additions to such reserves may be made, if deemed necessary under generally accepted accounting principles) first to the restoration of the impairment, if any, of capital, and second, to the establishment and maintenance of the surplus accounts, the minimum aggregate amount of which shall be prescribed by the Farm Credit Bank.”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 102–552 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “Each production credit association at the end of each fiscal year shall apply the amount of the earnings of the association for such year in excess of the operating expenses of the association (including provision for valuation reserves against loan assets in an amount equal to one-half of 1 percent of the loans outstanding at the end of the fiscal year to the extent that such earnings in such year in excess of other operating expenses permit, or in such greater amounts as are deemed necessary under generally accepted accounting principles, until such reserves equal or exceed 3½ percent of the loans outstanding at the end of the fiscal year, beyond which 3½ percent further additions to such reserves may be made, if deemed necessary under generally accepted accounting principles) first to the restoration of the impairment, if any, of capital, and second, to the establishment and maintenance of the surplus accounts, the minimum aggregate amount of which shall be prescribed by the Farm Credit Bank.”Enacted provision · exact public law section
SEC. 501. VALUATION RESERVES OF PRODUCTION CREDIT ASSOCIATIONS. Subsection (b) of section 2.3 (12 U.S.C. 2074(b)) is amended to read as follows: “(b) Application of Earnings.— At the end of each fiscal year, each production credit association shall apply the amount of the earnings of the association for the fiscal year in excess of the operating expenses of the association (including provision for valuation reserves against loan assets in accordance with generally accepted accounting principles)— “(1) first, to the restoration of the impairment (if any) of capital; and “(2) second, to the establishment and maintenance of the surplus accounts, the minimum aggregate amount of which shall be prescribed by the Farm Credit Bank.”.
2 of 2 references resolved to an enrolled provision
Editorial Notes
Prior Provisions
A prior section 2074, Pub. L. 92–181, title II, § 2.3, , 85 Stat. 593; Pub. L. 96–592, title II, § 203, , 94 Stat. 3440; Pub. L. 99–205, title II, § 205(e)(6), , 99 Stat. 1704, related to loans, discounts, participation, and leasing, prior to the general amendment of this subchapter by Pub. L. 100–233, § 401.
Amendments
1992—Subsec. (b). Pub. L. 102–552 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “Each production credit association at the end of each fiscal year shall apply the amount of the earnings of the association for such year in excess of the operating expenses of the association (including provision for valuation reserves against loan assets in an amount equal to one-half of 1 percent of the loans outstanding at the end of the fiscal year to the extent that such earnings in such year in excess of other operating expenses permit, or in such greater amounts as are deemed necessary under generally accepted accounting principles, until such reserves equal or exceed 3½ percent of the loans outstanding at the end of the fiscal year, beyond which 3½ percent further additions to such reserves may be made, if deemed necessary under generally accepted accounting principles) first to the restoration of the impairment, if any, of capital, and second, to the establishment and maintenance of the surplus accounts, the minimum aggregate amount of which shall be prescribed by the Farm Credit Bank.”
Statutory Notes and Related Subsidiaries
Effective Date
Pub. L. 100–233, title IV, § 401, , 101 Stat. 1622, provided that this section is effective 6 months after .
Credits
1988–1992 · 2 acts
- 1988Pub. L. 92–181, title II, § 2.3, as added Pub. L. 100–233, title IV, § 401, , 101 Stat. 1632
- 1992amended Pub. L. 102–552, title V, § 501, , 106 Stat. 4129.
Show as published
(Pub. L. 92–181, title II, § 2.3, as added Pub. L. 100–233, title IV, § 401, , 101 Stat. 1632; amended Pub. L. 102–552, title V, § 501, , 106 Stat. 4129.)