Title 12 — Banks and Banking
Chapter 46 — Government Sponsored Enterprises
§ 4622. Capital restoration plans
Statutory text
Contents
Each capital restoration plan submitted under this subchapter shall set forth a feasible plan for restoring the core capital of the regulated entity subject to the plan to an amount not less than the minimum capital level for the regulated entity and for restoring the total capital of the regulated entity to an amount not less than the risk-based capital level for the regulated entity. Each capital restoration plan shall—
specify the level of capital the regulated entity will achieve and maintain;
describe the actions that the regulated entity will take to become classified as adequately capitalized;
establish a schedule for completing the actions set forth in the plan;
specify the types and levels of activities (including existing and new programs) in which the regulated entity will engage during the term of the plan; and
describe the actions that the regulated entity will take to comply with any mandatory and discretionary requirements imposed under this subchapter.
Deadlines for submission
The Director shall, by regulation, establish a deadline for submission of a capital restoration plan, which may not be more than 45 days after the regulated entity is notified in writing that a plan is required. The regulations shall provide that the Director may extend the deadline to the extent that the Director determines it necessary. Any extension of the deadline shall be in writing and for a time certain.
Approval
The Director shall review each capital restoration plan submitted under this section and, not later than 30 days after submission of the plan, approve or disapprove the plan. The Director may extend the period for approval or disapproval for any plan for a single additional 30-day period if the Director determines it necessary. The Director shall provide written notice to any regulated entity submitting a plan of the approval or disapproval of the plan (which shall include the reasons for any disapproval of the plan) and of any extension of the period for approval or disapproval.
Resubmission
If the Director disapproves the initial capital restoration plan submitted by the regulated entity, the regulated entity shall submit an amended plan acceptable to the Director within 30 days or such longer period that the Director determines is in the public interest.
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.
Federal Housing Enterprises Financial Safety and Soundness Act of 1992
Pub. L. 102–550 title XIII § 1369C · 106 Stat. 3672
Enacted · 12 U.S.C. § 4622
Pub. L. 102–550, title XIII, § 1369C, Oct. 28, 1992, 106 Stat. 3985
Source evidence
Code source credit
Pub. L. 102–550, title XIII, § 1369C, Oct. 28, 1992, 106 Stat. 3985Enacted provision · exact public law section
SEC. 1369C. CAPITAL RESTORATION PLANS. (a) Contents.— Each capital restoration plan submitted under this subtitle shall set forth a feasible plan for restoring the core capital of the enterprise subject to the plan to an amount not less than the minimum capital level for the enterprise and for restoring the total capital of the enterprise to an amount not less than the risk-based capital level for the enterprise. Each capital restoration plan shall— (1) specify the level of capital the enterprise will achieve and maintain; (2) describe the actions that the enterprise will take to become classified as adequately capitalized; (3) establish a schedule for completing the actions set forth in the plan; (4) specify the types and levels of activities (including existing and new programs) in which the enterprise will engage during the term of the plan; and (5) describe the actions that the enterprise will take to comply with any mandatory and discretionary requirements imposed under this subtitle. (b) Deadlines for Submission.— The Director shall, by regulation, Regulations. establish a deadline for submission of a capital restoration plan, which may not be more than 46 days after the enterprise is notified in writing that a plan is required. The regulations shall provide that the Director may extend the deadline to the extent that the Director determines it necessary. Any extension of the deadline shall be in writing and for a time certain. (c) Approval.— The Director shall review each capital restoration plan submitted under this section and, not later than 30 days after submission of the plan, approve or disapprove the plan. The Director may extend the period for approval or disapproval for any plan for a single additional 30-day period if the Director determines it necessary. The Director shall provide written notice to any enterprise submitting a plan of the approval or disapproval of the plan (which shall include the reasons for any disapproval of the plan) and of any extension of the period for approval or disapproval. (d) Resubmission.— If the Director disapproves the initial cap-ital restoration plan submitted by the enterprise, the enterprise shall submit an amended plan acceptable to the Director within 30 days or such longer period that the Director determines is in the public interest.Federal Housing Finance Regulatory Reform Act of 2008
Pub. L. 110–289 div. A title I § 1145(b)(2) · 122 Stat. 2654
Substituted · 12 U.S.C. § 4622
Pub. L. 110–289 substituted “regulated entity” for “enterprise” wherever appearing
Source evidence
Code amendment note
Pub. L. 110–289 substituted “regulated entity” for “enterprise” wherever appearing.Enacted provision · exact public law section
(2) in section 1369C (12 U.S.C. 4622), by striking “enterprise” each place that term appears and inserting “regulated entity”;
2 of 2 references resolved to an enrolled provision
Editorial Notes
Amendments
2008—Pub. L. 110–289 substituted “regulated entity” for “enterprise” wherever appearing.
Credits
1992–2008 · 2 acts
- 1992Pub. L. 102–550, title XIII, § 1369C, , 106 Stat. 3985
- 2008Pub. L. 110–289, div. A, title I, § 1145(b)(2), , 122 Stat. 2767.
Show as published
(Pub. L. 102–550, title XIII, § 1369C, , 106 Stat. 3985; Pub. L. 110–289, div. A, title I, § 1145(b)(2), , 122 Stat. 2767.)