Title 12 — Banks and Banking
Chapter 31 — National Consumer Cooperative Bank
§ 3043. Advances
Statutory text
Capital investment advances; criteria
The Office may make a capital investment advance to any eligible cooperative, either in conjunction with or without a loan if the Office determines that—
the applicant’s initial or supplemental capital requirements exceeds its ability to obtain such capital through a loan under section 3018 of this title or from other sources; or
the membership of the applicant is, or will consist, substantially of low-income persons, as defined by the Board of Directors, or the applicant proposes to undertake to provide specialized goods, services, or facilities to serve their needs; and
the applicant cannot obtain sufficient funds through a loan under section 3018 of this title or otherwise, and the applicant presents a plan which the Office determines will permit the replacement of a capital investment advance out of member equities within a period not to exceed thirty years.
Interest supplement advances; criteria; amount
The Office may make advances to pay all or part of the interest payable to the Bank or any other lender by an eligible cooperative applicant which the Office determines cannot pay a market rate of interest because it sells goods or services to, or provides facilities for the use of, persons of low income: Provided, That such advances will not exceed an amount equal to 4 per centum of the principal amount of the indebtedness of such applicant to the Bank or such other lender for any year in which the net income of the cooperative is insufficient to meet scheduled interest payments.
Interest rate applicable to advances
Capital investment advances made by the Office pursuant to subsection (a) and interest supplement advances made by the Office pursuant to subsection (b) shall bear interest at a rate determined by the Board of Directors of the Bank, and the Board of Directors may authorize an interest rate applicable to such advances lower than the rate applicable to loans by the Bank pursuant to section 3018 of this title.
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.
National Consumer Cooperative Bank Act
Pub. L. 95–351 title II § 203 · 92 Stat. 499
Enacted · 12 U.S.C. § 3043
Pub. L. 95–351, title II, § 203, Aug. 20, 1978, 92 Stat. 512
Source evidence
Code source credit
Pub. L. 95–351, title II, § 203, Aug. 20, 1978, 92 Stat. 512Enacted provision · exact public law section
Sec. 203. capital investments and interest supplements (a) The Office may make a capital investment advance out 12 USC 3043. of the Account to any eligible cooperative, either in conjunction with or without a loan if the Office determines that— (1) (A) the applicant’s initial or supplemental capital requirements exceeds its ability to obtain such capital through a loan under section 108 or from other sources; or (B) the membership of the applicant is, or will consist, substantially of low-income persons, as defined by the Board of Directors, or the applicant proposes to undertake to provide specialized goods, services, or facilities to serve their needs; and (2) the applicant cannot obtain sufficient funds through a loan under section 108 or otherwise, and the applicant presents a plan which the Office determines will permit the replacement of a capital investment advance out of member equities within a period not to exceed thirty years. (b) The Office may make advances out of the Account to pay all or part of the interest payable to the Bank or any other lender by an eligible cooperative applicant which the Office determines cannot pay a market rate of interest because it sells goods or services to, or provides facilities for the use of, persons of low income: Provided, That such advances will not exceed an amount equal to 4 per centum of the principal amount of the indebtedness of such applicant to the Bank or such other lender for any year in which the net income of the cooperative is insufficient to meet scheduled interest payments. (c) Capital investment advances made by the Office pursuant to subsection (a) and interest supplement advances made by the Office pursuant to subsection (b) shall bear interest at a rate determined by the Board of Directors of the Bank, and the Board of Directors may authorize an interest rate applicable to such advances lower than the rate applicable to loans by the Bank pursuant to section 108.Pub. L. 97–35 title III § 396(g) · 95 Stat. 357
Struck · 12 U.S.C. § 3043(a); 12 U.S.C. § 3043(b)
Pub. L. 97–35 struck out references to the Account wherever appearing
Source evidence
Code amendment note
Subsecs. (a), (b). Pub. L. 97–35 struck out references to the Account wherever appearing.Enacted provision · exact public law section
(g) Section 203 of such Act (12 U.S.C. 3043) is amended by striking out “out of the Account” each place it appears therein.Effective date note
Amendment by Pub. L. 97–35 effective on the day after the Final Government Equity Redemption Date (Dec. 31, 1981), see section 396(i) of Pub. L. 97–35, set out as a note under section 3011 of this title.
2 of 2 references resolved to an enrolled provision
Editorial Notes
Amendments
1981—Subsecs. (a), (b). Pub. L. 97–35 struck out references to the Account wherever appearing.
Statutory Notes and Related Subsidiaries
Effective Date of 1981 Amendment
Amendment by Pub. L. 97–35 effective on the day after the Final Government Equity Redemption Date (), see section 396(i) of Pub. L. 97–35, set out as a note under section 3011 of this title.
Credits
1978–1981 · 2 acts
- 1978Pub. L. 95–351, title II, § 203, , 92 Stat. 512
- 1981Pub. L. 97–35, title III, § 396(g), , 95 Stat. 440.
Show as published
(Pub. L. 95–351, title II, § 203, , 92 Stat. 512; Pub. L. 97–35, title III, § 396(g), , 95 Stat. 440.)