Title 12 — Banks and Banking
Part C · Chapter 23 — Farm Credit System
§ 2199. Disclosure
Statutory text
In general
In accordance with regulations of the Farm Credit Administration, qualified lenders shall provide to borrowers, for all loans that are not subject to the Truth in Lending Act (15 U.S.C. 1601 et seq.), meaningful and timely disclosure not later than the time of the loan closing, of—
the current rate of interest on the loan;
in the case of an adjustable or variable rate loan, the amount and frequency by which the interest rate can be increased during the term of the loan or, if there are no such limitations, a statement to that effect, and the factors (including the cost of funds, operating expenses, and provision for loan losses) that will be taken into account by the qualified lender in determining adjustments to the interest rate;
the effect, as shown by a representative example or examples, of any loan origination charges or purchases of stock or participation certificates on the effective rate of interest;
any change in the interest rate applicable to the borrower’s loan, and notice to the borrower of a change in the interest rate applicable to the loan of the borrower may be made within a reasonable time after the effective date of an increase or decrease in the interest rate;
except with respect to stock guaranteed under section 2162 of this title, a statement indicating that stock that is purchased is at risk; and
a statement indicating the various types of loan options available to borrowers, with an explanation of the terms and borrowers’ rights that apply to each type of loan.
Differential interest rates
A qualified lender offering more than one rate of interest to borrowers shall, at the request of a borrower of a loan—
provide a review of the loan to determine if the proper interest rate has been established;
explain to the borrower in writing the basis for the interest rate charged; and
explain to the borrower in writing how the credit status of the borrower may be improved to receive a lower interest rate on the loan.
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 IV § 4 · 85 Stat. 583
Enacted · 12 U.S.C. § 2199
Pub. L. 92–181, title IV, § 4.13, as added Pub. L. 99–205, title III, § 301(b), Dec. 23, 1985, 99 Stat. 1707
Source evidence
Code source credit
Pub. L. 92–181, title IV, § 4.13, as added Pub. L. 99–205, title III, § 301(b), Dec. 23, 1985, 99 Stat. 1707Enacted provision · exact public law section
(4) Sue and be sued.Agricultural Credit Act of 1987
Pub. L. 100–233 § 109 · 101 Stat. 1568
Amended · 12 U.S.C. § 2199
Pub. L. 100–233, § 109, designated existing provisions as subsec. (a)
Inserted · 12 U.S.C. § 2199
Pub. L. 100–233, § 109, inserted heading
Added · 12 U.S.C. § 2199
Pub. L. 100–233, § 109, added subsec. (b)
Source evidence
Code amendment note
Pub. L. 100–233, § 109, designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).Enacted provision · exact public law section
SEC. 109. DIFFERENTIAL INTEREST RATES. 12 USC 2199. Section 4.13 (12 U.S.C. 2201) (as amended by section 103(a) of this Act) is further amended— (1) by striking out “In” and inserting in lieu thereof “(a) In General.—In”; and (2) by adding at the end thereof the following new subsection: “(b) Differential Interest Rates.— A qualified lender offering more than one rate of interest to borrowers shall, at the request of a borrower of a loan— “(1) provide a review of the loan to determine if the proper interest rate has been established; “(2) explain to the borrower in writing the basis for the interest rate charged; and “(3) explain to the borrower in writing how the credit status of the borrower may be improved to receive a lower interest rate on the loan.”.Agricultural Credit Act of 1987
Pub. L. 100–233 § 103 · 101 Stat. 1568
Amended · 12 U.S.C. § 2199
Pub. L. 100–233, § 103, amended section generally
Substituted · 12 U.S.C. § 2199
Pub. L. 100–233, § 103, substituting introductory provisions and cls. (1) to (6) for former subsecs. (a) and (b)
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 100–233, § 103, amended section generally, substituting introductory provisions and cls. (1) to (6) for former subsecs. (a) and (b).Enacted provision · exact public law section
SEC. 103. DISCLOSURE BY BANKS AND ASSOCIATIONS. Section 4.13 (12 U.S.C. 2199) is amended to read as follows: “SEC. 4.13. DISCLOSURE. “In accordance with regulations of the Farm Credit Administration, qualified lenders shall provide to borrowers, for all loans that are not subject to the Truth in Lending Act (15 U.S.C. 1601 et seq.), meaningful and timely disclosure not later than the time of the loan closing, of— “(1) the current rate of interest on the loan; “(2) in the case of an adjustable or variable rate loan, the amount and frequency by which the interest rate can be increased during the term of the loan or, if there are no such limitations, a statement to that effect, and the factors (including the cost of funds, operating expenses, and provision for loan losses) that will be taken into account by the qualified lender in determining adjustments to the interest rate; “(3) the effect, as shown by a representative example or examples, of any loan origination charges or purchases of stock or participation certificates on the effective rate of interest; “(4) any change in the interest rate applicable to the borrower’s loan; “(5) except with respect to stock guaranteed under section 4.9A, a statement indicating that stock that is purchased is at risk; and “(6) a statement indicating the various types of loan options available to borrowers, with an explanation of the terms and borrowers’ rights that apply to each type of loan.”.Farm Credit System Reform Act of 1996
Pub. L. 104–105 title II § 207 · 110 Stat. 162
Inserted · 12 U.S.C. § 2199(a)(4)
Pub. L. 104–105 inserted before semicolon at end “, and notice to the borrower of a change in the interest rate applicable to the loan of the borrower may be made within a reasonable time after the effective date of an increase or decrease in the interest rate”
Source evidence
Code amendment note
Subsec. (a)(4). Pub. L. 104–105 inserted before semicolon at end “, and notice to the borrower of a change in the interest rate applicable to the loan of the borrower may be made within a reasonable time after the effective date of an increase or decrease in the interest rate”.Enacted provision · exact public law section
SEC. 207. DISCLOSURE RELATING TO ADJUSTABLE RATE LOANS. Section 4.13(a)(4) of the Farm Credit Act of 1971 (12 U.S.C. 2199(a)(4)) is amended by inserting before the semicolon at the end the following: “, and notice to the borrower of a change in the interest rate applicable to the loan of the borrower may be made within a reasonable time after the effective date of an increase or decrease in the interest rate”.
7 of 7 references resolved to an enrolled provision
Editorial Notes
References in Text
The Truth in Lending Act, referred to in subsec. (a), is title I of Pub. L. 90–321, , 82 Stat. 146, which is classified generally to subchapter I (§ 1601 et seq.) of chapter 41 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 15 and Tables.
Prior Provisions
A prior section 4.13 of Pub. L. 92–181, title IV, , 85 Stat. 613, was renumbered section 4.13B by Pub. L. 99–205, title III, § 301(a), , 99 Stat. 1707, and is classified to section 2201 of this title.
Amendments1988–1996 · 2 rounds
1996
Subsec. (a)(4). Pub. L. 104–105 inserted before semicolon at end “, and notice to the borrower of a change in the interest rate applicable to the loan of the borrower may be made within a reasonable time after the effective date of an increase or decrease in the interest rate”.
1988
Pub. L. 100–233, § 109, designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
Pub. L. 100–233, § 103, amended section generally, substituting introductory provisions and cls. (1) to (6) for former subsecs. (a) and (b).
Statutory Notes and Related Subsidiaries
Effective Date
Section effective thirty days after , see section 401 of Pub. L. 99–205, set out as an Effective Date of 1985 Amendment note under section 2001 of this title.
Credits
1985–1996 · 3 acts
- 1985Pub. L. 92–181, title IV, § 4.13, as added Pub. L. 99–205, title III, § 301(b), , 99 Stat. 1707
- 1988amended Pub. L. 100–233, title I, §§ 103, 109, , 101 Stat. 1579, 1584
- 1996Pub. L. 104–105, title II, § 207, , 110 Stat. 173.
Show as published
(Pub. L. 92–181, title IV, § 4.13, as added Pub. L. 99–205, title III, § 301(b), , 99 Stat. 1707; amended Pub. L. 100–233, title I, §§ 103, 109, , 101 Stat. 1579, 1584; Pub. L. 104–105, title II, § 207, , 110 Stat. 173.)