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Title 12 — Banks and Banking

Part A · Chapter 23 — Farm Credit System

§ 2133. Distribution of assets on liquidation or dissolution

Statutory text

In the case of liquidation or dissolution of any bank for cooperatives, after payment or retirement, first, of all liabilities; second, of all capital stock issued before , at par, and all nonvoting stock at par; and third, all voting stock at par; any surplus and reserves existing on , shall be paid to the holders of stock issued before that date, and voting stock pro rata; and any remaining allocated surplus and reserves shall be distributed to those entities to which they are allocated on the books of the bank, and any other remaining surplus shall be paid to the holders of outstanding voting stock. If it should become necessary to use any surplus or reserves to pay any liabilities or to retire any capital stock, unallocated reserves or surplus, allocated reserves and surplus shall be exhausted in accordance with rules prescribed by the Farm Credit Administration.

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.

  1. Farm Credit Act of 1971

    Pub. L. 92–181 title III § 3 · 85 Stat. 583

    Enacted · 12 U.S.C. § 2133

    Pub. L. 92–181, title III, § 3.12, Dec. 10, 1971, 85 Stat. 608

    Source evidence

    Code source credit
    Pub. L. 92–181, title III, § 3.12, Dec. 10, 1971, 85 Stat. 608

    Enacted provision · exact public law section
    (3) Make contracts.

  2. Farm Credit Amendments Act of 1985

    Pub. L. 99–205 title II § 205(e)(9) · 99 Stat. 1678

    1. Struck · 12 U.S.C. § 2133

      Pub. L. 99–205 struck out “, any stock held by the Governor of the Farm Credit Administration at par” before “, and all nonvoting stock at par”

    2. Struck · 12 U.S.C. § 2133

      Pub. L. 99–205 struck out “stock held by the Governor of the Farm Credit Administration,” before “and voting stock pro rata” in first sentence

    Source evidence

    Code amendment note
    Pub. L. 99–205 struck out “, any stock held by the Governor of the Farm Credit Administration at par” before “, and all nonvoting stock at par”, and struck out “stock held by the Governor of the Farm Credit Administration,” before “and voting stock pro rata” in first sentence.

    Enacted provision · exact public law section
    (9) in the first sentence of section 2.7, striking out “, of all the stock held by the Governor of the Farm Credit Administration at par, third”;

    Effective date note
    Amendment by Pub. L. 99–205 effective thirty days after Dec. 23, 1985, see section 401 of Pub. L. 99–205, set out as a note under section 2001 of this title.

  3. Agricultural Credit Act of 1987

    Pub. L. 100–233 title VIII § 805 · 101 Stat. 1568

    Inserted · 12 U.S.C. § 2133

    Pub. L. 100–233 inserted “the” before “Farm Credit Administration”

    Source evidence

    Code amendment note
    Pub. L. 100–233 inserted “the” before “Farm Credit Administration”.

    Enacted provision · exact public law section
    SEC. 805. TECHNICAL AMENDMENTS. (a) Section 1.2 is amended by striking out “the regulation” and 12 USC 2002. inserting in lieu thereof “regulation”. (b) Section 1.15(12) is amended by striking out “or delegated to”. 12 USC 2033. (c) Section 1.20 is amended by striking out “by or other” and 12 USC 2054. inserting in lieu thereof “by other”. (d) Section 2.1(18) is amended by striking out the comma at the 12 USC 2072. end and inserting in lieu thereof a period. (e) Section 2.2 is amended— 12 USC 2073. (1) in subsection (d), by striking out “be issued to” the first place it appears; (2) in subsection (f)— (A) by striking out “other”; and (B) by inserting “of” after “with regard to the payment”; (3) in the second sentence of the fourth undesignated paragraph of subsection (g)— (A) by striking out “other” the first place it appears; and (B) by inserting “the” before “Farm Credit Administration”; and (4) in subsection (h), by striking out “the Farm Credit Administration or”. (f) Section 2.6 is amended— 12 USC 2077. (1) in subsection (c), by striking out the last sentence; and (2) by redesignating subsections (c) and (d), as subsections (a) and (b), respectively. (g) The last sentence of section 2.10 is amended by inserting “the” 12 USC 2091. before “Farm Credit Administration” the second place it appears. (h) Section 2.13 is amended— 12 USC 2094. (1) in subsection (c), by striking out “to other”; and (2) in subsection (d)— (A) by striking out “other” the first place it appears; and (B) by inserting a comma after “noncumulative)”. (i) The section heading for section 2.15 is amended by striking out 12 USC 2096. the comma and inserting in lieu thereof a semicolon. (j) Section 2.17 is amended by inserting “, except that interest on 12 USC 2098. such obligations shall be subject to Federal income taxation in the hands of the holder” before the period at the end. (k) Section 3.3(d) is amended by striking out “by” the first place it 12 USC 2124. appears. (l) Section 3.4 is amended by striking out “other than stock held 12 USC 2125. by the Farm Credit Administration,”. (m) Section 3.8 is amended— (1) by redesignating subsection (1) as subsection (a); 12 USC 2129. (2) by redesignating paragraphs (a), (b), (c), and (d) of the subsection redesignated by paragraph (1) of this subsection, as paragraphs (1), (2), (3), and (4), respectively; (3) by redesignating clauses (1), (2), and (3) of the paragraph redesignated as paragraph (4) by paragraph (2) of this subsection, as clauses (A), (B), and (C), respectively; (4) in the clause redesignated as clause (C) by paragraph (4), by striking out “(2)” and inserting in lieu thereof “(B)”. (n) 12 USC 2132. Section 3.11 is amended— (1) in subsection (b)— (A) by striking out “(c) and (d)” and inserting in lieu thereof “(b) and (c)”; and (B) by striking out the last sentence; (2) in subsection (c)— (A) by striking out “(b) of this section, whichever is applicable,” and inserting in lieu thereof “(a)”; and (B) by striking out “(d)” and inserting in lieu thereof “(c)”; (3) in subsection (d), by striking out “(b) whichever is applicable,” and inserting in lieu thereof “(a)”; (4) in subsection (g)— (A) by striking out “or (b)”; and (B) by striking out “For any year that a bank for cooperatives is subject to Federal income tax, it” and inserting in lieu thereof “A bank for cooperatives”; and (5) by redesignating subsections (b), (c), (d), (e), (f), and (g), as subsections (a), (b), (c), (d), (e), and (0, respectively. (o) 12 USC 2133. Section 3.12 is amended by inserting “the” before “Farm Credit Administration”. (p) 12 USC 2134. Section 3.13 is amended by inserting “, except that interest on such obligations shall be subject to Federal income taxation in the hands of the holder” before the period at the end. (q) 12 USC 2154. Section 4.3(c) is amended by striking out “direct of fully guaranteed” and inserting in lieu thereof “direct or fully guaranteed”. (r) 12 USC 2183. Section 4.12(b) is amended by striking out “court, shall” and inserting in lieu thereof “court shall,”. (s) 12 USC 2202. Section 4.14 is amended— (1) by striking out “committee(s)” and inserting in lieu thereof “committees”; (2) by striking out “4.13” and inserting in lieu thereof “4.13B”, and (3) by striking out “reviews” and inserting in lieu thereof “review”. (t) Title IV is amended— (1) by inserting above and before section 4.15 the following: “Part D— Activities of Institutions of the System”; and (2) 12 USC 2211. by redesignating part D as part E. (u) 12 USC 2218, 2219. Title IV is amended by redesignating parts E and F, as parts G and H, respectively. (v) 12 USC 2221. Section 5.0 is amended by striking out “5.17(2)” and inserting in lieu thereof “5.17(a)(2)”. (w) 12 USC 2243. The section heading of section 5.9 is amended by striking out “; Civil Proceedings”. (x) 12 USC 2245. Section 5.11 is amended by striking out the last sentence. (y) Section 5.16 is amended by transferring the 4 sentences immediately 12 USC 2251. following paragraph (4) to just before the last sentence of such section. (z) Section 5.17(a) is amended— 12 USC 2252. (1) by striking out paragraph (13); and (2) by redesignating paragraphs (14) and (15), as paragraphs (13) and (14), respectively. (aa) Section 5.28 is amended— 12 USC 2264. (1) by inserting “(a)” before “Whenever” the first place it appears; and (2) in subsection (e), by striking out “(d)(3)” and inserting in lieu thereof “(d)”. (bb) Section 5.29 is amended— 12 USC 2265. (1) in subsection (a)— (A) by striking out “interest” and inserting in lieu thereof “interests”; (B) by striking out “the investors in the” and inserting in lieu thereof “investors in”; and (C) by inserting “the” before “Farm Credit System” the third place it appears. (2) in subsection (b), by striking out “in Farm Credit System obligations” and inserting in lieu thereof “of the institution’s shareholders or the investors in Farm Credit System obligations or may threaten to impair public confidence in the institution or the Farm Credit System”. (cc) Section 5.30 is amended by striking out “subsection (g)” and 12 USC 2266. inserting in lieu thereof “section”. (dd) Section 5.32(f) is amended by striking out “sections 5.31 and 12 USC 2268. 5.32” and inserting in lieu thereof “section 5.31 and this section”. (ee) Section 5.37 is amended by striking out “claims,”. 12 USC 2273. (ff) Section 5.41 is amended— 12 USC 393. (1) by striking out subsection (a); and (2) by striking out “(b)”.

4 of 4 references resolved to an enrolled provision

Editorial Notes

Amendments1985–1988 · 2 rounds

1988

Pub. L. 100–233 inserted “the” before “Farm Credit Administration”.

1985

Pub. L. 99–205 struck out “, any stock held by the Governor of the Farm Credit Administration at par” before “, and all nonvoting stock at par”, and struck out “stock held by the Governor of the Farm Credit Administration,” before “and voting stock pro rata” in first sentence.

Statutory Notes and Related Subsidiaries

Effective Date of 1985 Amendment

Amendment by Pub. L. 99–205 effective thirty days after , see section 401 of Pub. L. 99–205, set out as a note under section 2001 of this title.

Credits

1971–1988 · 3 acts
  1. 1971Pub. L. 92–181, title III, § 3.12, , 85 Stat. 608
  2. 1985Pub. L. 99–205, title II, § 205(e)(9), , 99 Stat. 1705
  3. 1988Pub. L. 100–233, title VIII, § 805(o), , 101 Stat. 1716.
Show as published

(Pub. L. 92–181, title III, § 3.12, , 85 Stat. 608; Pub. L. 99–205, title II, § 205(e)(9), , 99 Stat. 1705; Pub. L. 100–233, title VIII, § 805(o), , 101 Stat. 1716.)

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