12 U.S.C. § 1816
Factors to be considered
The factors that are required, under section 1814 of this title, to be considered in connection with, and enumerated in, any certificate issued pursuant to section 1814 of this title and that are required, under section 1815 of this title, to be considered by the Board of Directors in connection with any determination by such Board pursuant to section 1815 of this title are the following:(1) The financial history and condition of the depository institution.(2) The adequacy of the depository institution’s capital structure.(3) The future earnings prospects of the depository institution.(4) The general character and fitness of the management of the depository institution.(5) The risk presented by such depository institution to the Deposit Insurance Fund.(6) The convenience and needs of the community to be served by such depository institution.(7) Whether the depository institution’s corporate powers are consistent with the purposes of this chapter.(Sept. 21, 1950, ch. 967, § 2[6], 64 Stat. 876; Pub. L. 101–73, title II, § 207, Aug. 9, 1989, 103 Stat. 206; Pub. L. 104–208, div. A, title II, § 2704(d)(14)(F), Sept. 30, 1996, 110 Stat. 3009–491; Pub. L. 109–171, title II, § 2102(b), Feb. 8, 2006, 120 Stat. 9; Pub. L. 109–173, § 8(a)(7), Feb. 15, 2006, 119 Stat. 3611.)Editorial NotesPrior ProvisionsSection is derived from subsec. (g) of former section 264 of this title. See Codification note set out under section 1811 of this title.
Amendments2006—Par. (5). Pub. L. 109–173 substituted “Deposit Insurance Fund” for “Bank Insurance Fund or the Savings Association Insurance Fund”.
Pub. L. 109–171 repealed Pub. L. 104–208, § 2704(d)(14)(F). See 1996 Amendment note below.
1996—Par. (5). Pub. L. 104–208, § 2704(d)(14)(F), which directed substitution of “Deposit Insurance Fund” for “Bank Insurance Fund or the Savings Association Insurance Fund”, was repealed by Pub. L. 109–171. See Effective Date of 1996 Amendment note below and 2006 Amendment note above.
1989—Pub. L. 101–73 amended section generally. Prior to amendment, section read as follows: “The factors to be enumerated in the certificate required under section 1814 of this title and to be considered by the Board of Directors under section 1815 of this title shall be the following: The financial history and condition of the bank, the adequacy of its capital structure, its future earnings prospects, the general character of its management, the convenience and needs of the community to be served by the bank, and whether or not its corporate powers are consistent with the purposes of this chapter.”
Statutory Notes and Related SubsidiariesEffective Date of 2006 AmendmentAmendment by Pub. L. 109–173 effective Mar. 31, 2006, see section 8(b) of Pub. L. 109–173, set out as a note under section 1813 of this title.
Amendment by Pub. L. 109–171 effective no later than the first day of the first calendar quarter that begins after the end of the 90-day period beginning Feb. 8, 2006, see section 2102(c) of Pub. L. 109–171, set out as a Merger of BIF and SAIF note under section 1821 of this title.
Effective Date of 1996 AmendmentAmendment by Pub. L. 104–208 effective Jan. 1, 1999, if no insured depository institution is a savings association on that date, see section 2704(c) of Pub. L. 104–208, formerly set out as a note under section 1821 of this title.
Notes of Decisions
Bd. of Governors of the Fed. Reserve Sys. v. First Lincolnwood Corp., 439 U.S. 234 (1978).
· cites it 2× “876 , 12 U. S. C. § 1816 . [11] Respondent's argument that Congress circumscribed the role of banking factors in the Board's inquiry under § 3 by borrowing the language of the Bank Merger Act assumes that supervisory agencies applying that Act can consider such factors only as…”
Bank of Am., N.A. v. Fed. Deposit Ins., 244 F.3d 1309 (11th Cir. 2001).
“” See 12 U.S.C. § 1816 (d)(3)(G). Thus, an Oakar institution pays insurance premiums to the SAIF on its AADA deposits, id.”
West Helena Sav. & Loan Ass'n v. Fed. Home Loan Bank Bd., 417 F. Supp. 220 (E.D. Ark. 1976).
· cites it 2× “In debate on the 1935 amendment to this provision which resulted in the present 12 U.S.C. § 1816 , one of the chief architects of the banking legislation of the 1930’s, Representative Henry B.”
Renasant Bank v. St. Paul Mercury Ins. Co., 235 F. Supp. 3d 805 (N.D. Miss. 2017).
“” See 12 U.S.C. § 1816 . The FDIC currently interprets this statutory factor to include “the sufficiency of fidelity insurance, policies, and audit coverage.”
Magellsen v. Fed. Deposit Ins. Corp., 341 F. Supp. 1031 (D. Mont. 1972).
“The factors to be considered in determining whether to grant an application for insurance are set forth in 12 U.S.C. § 1816 . These include : “The financial history and condition of the bank, the adequacy of its capital structure, its future earnings prospects, the general…”
Bank of North Shore v. Fed. Deposit Ins., 743 F.2d 1178 (7th Cir. 1984).
· cites it 2× “The relevant federal statute requires the FDIC to review an application for a remote service facility for compliance with the six factors cited in 12 U.S.C. § 1816 (1982). 16 Appellant claims that the FDIC failed to analyze these statutory factors, in particular “the convenience…”
Inv. Co. Inst. v. Fed. Deposit Ins. Corp., 815 F.2d 1540 (D.C. Cir. 1987).
· cites it 4× “As we see no provision in the Act, including § 21, that prohibits subsidiaries or affiliates of nonmember insured banks from engaging in securities work, and because we find unmeritorious petitioners’ arguments under §§ 2[6] and 2[8] of the Federal Deposit Insurance Act, 12…”
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