12 U.S.C. § 1819

Corporate powers

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(a) In general

Upon June 16, 1933, the Corporation shall become a body corporate and as such shall have power—

First. To adopt and use a corporate seal.

Second. To have succession until dissolved by an Act of Congress.

Third. To make contracts.

Fourth. To sue and be sued, and complain and defend, by and through its own attorneys, in any court of law or equity, State or Federal.

Fifth. To appoint by its Board of Directors such officers and employees as are not otherwise provided for in this chapter, to define their duties, fix their compensation, require bonds of them and fix the penalty thereof, and to dismiss at pleasure such officers or employees. Nothing in this chapter or any other Act shall be construed to prevent the appointment and compensation as an officer or employee of the Corporation of any officer or employee of the United States in any board, commission, independent establishment, or executive department thereof.

Sixth. To prescribe, by its Board of Directors, bylaws not inconsistent with law, regulating the manner in which its general business may be conducted, and the privileges granted to it by law may be exercised and enjoyed.

Seventh. To exercise by its Board of Directors, or duly authorized officers or agents, all powers specifically granted by the provisions of this chapter, and such incidental powers as shall be necessary to carry out the powers so granted.

Eighth. To make examinations of and to require information and reports from depository institutions, as provided in this chapter.

Ninth. To act as receiver.

Tenth. To prescribe by its Board of Directors such rules and regulations as it may deem necessary to carry out the provisions of this chapter or of any other law which it has the responsibility of administering or enforcing (except to the extent that authority to issue such rules and regulations has been expressly and exclusively granted to any other regulatory agency).

(b) Agency authority(1) Status

The Corporation, in any capacity, shall be an agency of the United States for purposes of section 1345 of title 28 without regard to whether the Corporation commenced the action.

(2) Federal court jurisdiction(A) In general

Except as provided in subparagraph (D), all suits of a civil nature at common law or in equity to which the Corporation, in any capacity, is a party shall be deemed to arise under the laws of the United States.

(B) Removal

Except as provided in subparagraph (D), the Corporation may, without bond or security, remove any action, suit, or proceeding from a State court to the appropriate United States district court before the end of the 90-day period beginning on the date the action, suit, or proceeding is filed against the Corporation or the Corporation is substituted as a party.

The Corporation may appeal any order of remand entered by any United States district court.

(D) State actionsExcept as provided in subparagraph (E), any action—(i) to which the Corporation, in the Corporation’s capacity as receiver of a State insured depository institution by the exclusive appointment by State authorities, is a party other than as a plaintiff;(ii) which involves only the preclosing rights against the State insured depository institution, or obligations owing to, depositors, creditors, or stockholders by the State insured depository institution; and(iii) in which only the interpretation of the law of such State is necessary,shall not be deemed to arise under the laws of the United States.(E) Rule of construction

Subparagraph (D) shall not be construed as limiting the right of the Corporation to invoke the jurisdiction of any United States district court in any action described in such subparagraph if the institution of which the Corporation has been appointed receiver could have invoked the jurisdiction of such court.

(3) Service of process

The Board of Directors shall designate agents upon whom service of process may be made in any State, territory, or jurisdiction in which any insured depository institution is located.

(4) Bonds or fees

The Corporation shall not be required to post any bond to pursue any appeal and shall not be subject to payments of any filing fees in United States district courts or courts of appeal.

(Sept. 21, 1950, ch. 967, § 2[9], 64 Stat. 881; Pub. L. 89–695, title II, § 205, Oct. 16, 1966, 80 Stat. 1055; Pub. L. 95–630, title III, § 309, Nov. 10, 1978, 92 Stat. 3677; Pub. L. 101–73, title II, § 209, Aug. 9, 1989, 103 Stat. 216; Pub. L. 102–242, title I, § 161(d), Dec. 19, 1991, 105 Stat. 2286; Pub. L. 103–325, title III, § 331(e), Sept. 23, 1994, 108 Stat. 2232.)Editorial NotesPrior Provisions

Section is derived from subsec. (j) of former section 264 of this title. See Codification note set out under section 1811 of this title.

Amendments

1994—Subsec. (a). Pub. L. 103–325 in par. Fourth inserted “by and through its own attorneys,” after “complain and defend,”.

1991—Subsec. (b)(2)(B). Pub. L. 102–242 inserted before period at end “before the end of the 90-day period beginning on the date the action, suit, or proceeding is filed against the Corporation or the Corporation is substituted as a party”.

1989—Subsec. (a). Pub. L. 101–73, § 209(2), designated existing provisions as subsec. (a) and inserted heading.

Pub. L. 101–73, § 209(3), amended par. Fourth generally. Prior to amendment, par. Fourth read as follows: “Fourth. To sue and be sued, complain and defend, in any court of law or equity, State or Federal. All suits of a civil nature at common law or in equity to which the Corporation shall be a party shall be deemed to arise under the laws of the United States, and the United States district courts shall have original jurisdiction thereof, without regard to the amount in controversy; and the Corporation may, without bond or security, remove any such action, suit, or proceeding from a State court to the United States district court for the district or division embracing the place where the same is pending by following any procedure for removal now or hereafter in effect, except that any such suit to which the Corporation is a party in its capacity as receiver of a State bank and which involves only the rights or obligations of depositors, creditors, stockholders, and such State bank under State law shall not be deemed to arise under the laws of the United States. No attachment or execution shall be issued against the Corporation or its property before final judgment in any suit, action, or proceeding in any State, county, municipal, or United States court. The Board of Directors shall designate an agent upon whom service of process may be made in any State, Territory, or jurisdiction in which any insured bank is located.”

Pub. L. 101–73, § 209(1), in par. Eighth, substituted reference to depository institutions for reference to banks.

Subsec. (b). Pub. L. 101–73, § 209(4), added subsec. (b).

1978—Pub. L. 95–630 in par. Tenth inserted “or of any other law which it has the responsibility of administering or enforcing (except to the extent that authority to issue such rules and regulations has been expressly and exclusively granted to any other regulatory agency)” after “provisions of this chapter”.

1966—Pub. L. 89–695 in par. Fourth vested United States district courts, without regard to the amount in controversy, with original jurisdiction over any action to which the Corporation is a party and authorized the removal of such actions to the Federal courts.

Statutory Notes and Related SubsidiariesEffective Date of 1978 Amendment

Amendment effective upon expiration of 120 days after Nov. 10, 1978, see section 2101 of Pub. L. 95–630, set out as an Effective Date note under section 375b of this title.

Expiration of 1966 Amendment

Pub. L. 91–609, title IX, § 908, Dec. 31, 1970, 84 Stat. 1811, repealed Pub. L. 89–695, title IV, § 401, Oct. 19, 1966, 80 Stat. 1056, which provided that: “The provisions of titles I and II of this Act [amending sections 1464, 1730, 1813, 1817 to 1820 and repealing section 77 of this title and enacting provisions set out as notes under sections 1464, 1730, and 1813 of this title] and any provisions of law enacted by said titles shall be effective only during the period ending at the close of June 30, 1972. Effective upon the expiration of such period, each provision of law amended by either of such titles is further amended to read as it did immediately prior to the enactment of this Act [Oct. 16, 1966] and each provision of law repealed by either of such titles is reenacted.”

Conditions Governing Employment of Personnel Not Repealed, Modified, or Affected

Nothing contained in section 205 of Pub. L. 89–695 amending subsec. Fourth of this section to be construed as repealing, modifying, or affecting section 1829 of this title, see section 206 of Pub. L. 89–695, set out as a note under section 1813 of this title.

Notes of Decisions

Cited in 812 cases (45 in the last 5 years), 1957–2026 · leading case: Slattery v. United States, 635 F.3d 1298 (Fed. Cir. 2011).

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Slattery v. United States, 635 F.3d 1298 (Fed. Cir. 2011). · cites it 16× “" 12 U.S.C. § 1819 (a) (Fourth); see also id.”

Eagle Props., Ltd. v. Scharbauer, 807 S.W.2d 714 (Tex. 1991). · cites it 9× “Since there is no independent basis of federal jurisdiction over the state court causes of action brought by Eagle and Bra-num, we must examine the governing jurisdiction statute, 12 U.S.C. § 1819 , and determine whether this statute affirmatively grants federal jurisdiction…”

Lindley v. Fed. Deposit Ins., 733 F.3d 1043 (11th Cir. 2013). · cites it 12× “” Against the Drayprop Defendants, the Tenants alleged fraud and negligent misrepresentation based on statements about when renovations to Drayton Tower would be finished, and breach of contract based on the Drayprop Defendants’ failure to finish the work by the dates promised.…”

Vill. of Oakwood v. State Bank & Trust Co., 539 F.3d 373 (6th Cir. 2008). · cites it 7× “Before the motion to intervene was ruled on by the state court, the FDIC filed a notice of removal to the federal district court pursuant to 12 U.S.C. § 1819 (b)(2)(B). The Uninsured Depositors subsequently filed a motion to remand.”

Adair v. Lease Partners, Inc., 587 F.3d 238 (5th Cir. 2009). · cites it 12× “[1] The FDIC timely removed the case to federal district court pursuant to 12 U.S.C. § 1819 (b)(2). In 2008 Plaintiffs filed a motion to dismiss all claims against the FDIC.”

Woodbridge Plaza, a Gen. P'ship v. Bank of Irvine, 815 F.2d 538 (9th Cir. 1987). · cites it 10× “Appellant, Woodbridge Plaza, originally filed this action in Orange County Superior Court, and the FDIC removed the action to United States District Court pursuant to 12 U.S.C. § 1819 (Fourth), which provides: [T]he Corporation shall .”

Mill Creek Grp., Inc. v. Fed. Deposit Ins., 136 F. Supp. 2d 36 (D. Conn. 2001). · cites it 8× “They also must be considered as tort claims brought against the FDIC pursuant to 12 U.S.C. § 1819 (a) (Fourth) and 28 U.S.”

Mizuna, Ltd. v. Crossland Fed. Sav. Bank, AKA Crossland Sav. Fsb, Royal Realty Co., a P'ship, 90 F.3d 650 (2d Cir. 1996). · cites it 9× “), under 12 U.S.C. § 1819 (b)(2)(B). Royal (i) counterclaimed, alleging anticipatory breach and demanding the $100,000 down payment as liquidated damages; (ii) moved for summary judgment on its counterclaim; and (in) moved to vacate the lis pendens.”

Mountain Ridge State Bank v. Inv. Funding Corp., 763 F. Supp. 1282 (D.N.J. 1991). · cites it 18× “Removal Under 12 U.S.C. § 1819 1. Standard of Review The FDIC may seek the removal from state to federal court of a case in which the FDIC is a party.”

Patricia Heaton v. Monogram Credit Card Bank of Georgia v. Fed. Deposit Ins. Corp., Movant-Appellant, 297 F.3d 416 (5th Cir. 2002). · cites it 5× “12 U.S.C. § 1819 (b)(2)(C). Finally, the remand order was wrong because the FDIC was entitled to intervene in the case, conferring instant federal subject matter jurisdiction under the broad rubric of 12 U.”

Fed. Deposit Ins. v. North Savannah Props., LLC, 686 F.3d 1254 (11th Cir. 2012). · cites it 8× “We hold that, as a matter of federal law, the FDIC is “substituted as a party” in a state court proceeding under 12 U.S.C. § 1819 (b)(2)(B) once it is appointed receiver and files a notice of substitution, and may at that point remove the action to federal court.”

Michael J. Capizzi v. Fed. Deposit Ins. Corp., Etc., 937 F.2d 8 (1st Cir. 1991). · cites it 8× “See 12 U.S.C. § 1819 (b)(2). In particular, an exception in the removal statute says that the FDIC may not remove a case from state to federal court if the case satisfies three requirements, one of which is that it must be a case in which only the interpretation of the law of…”

Show all 812 citing cases →

— 12 U.S.C. § 1819(4) — 1 case

Fed. Deposit Ins. v. Atl. Org., Inc., 682 F. Supp. 5 (D.P.R. 1988).

— 12 U.S.C. § 1819(9) — 1 case

Comm'r of Banking v. Berry, 183 N.W.2d 436 (Mich. Ct. App. 1970).

— 12 U.S.C. § 1819(a) — 2 cases

Fed. Deposit Ins. v. Hurwitz, 384 F. Supp. 2d 1039 (S.D. Tex. 2005).

Fed. Deposit Ins. Corp. v. State of NY, 732 F. Supp. 26 (S.D.N.Y. 1990).

— 12 U.S.C. § 1819(b)(2)(A) — 3 cases

Praxis Props., Inc. v. Colonial Sav. Bank, 947 F.2d 49 (3rd Cir. 1991).

Lazuka v. Fed. Deposit Ins., 931 F.2d 1530 (11th Cir. 1991).

United W. Bank v. Banc of Am. Funding Corp. (D. Colo. 2020).

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