12 U.S.C. § 182
Notice of intent to dissolve
Whenever a vote is taken to go into liquidation it shall be the duty of the board of directors to cause notice of this fact to be certified, under the seal of the association, by its president or cashier, to the Comptroller of the Currency, and publication thereof to be made for a period of two months in every issue of a newspaper published in the city or town in which the association is located, or if no newspaper is there published, then in the newspaper published nearest thereto, that the association is closing up its affairs, and notifying its creditors to present their claims against the association for payment.
Notes of Decisions
Cited in 19
cases, 1944–2015 · leading case: Hoehn v. Crews
Hoehn v. Crews (1944)
“The notice published in the Enid Events did not comply with 12 U.S.C.A. § 182 , in that it was not published for two full months.”
Perry Capital LLC v. Lew (2014)
“The Court is unable to identify any case law discussing this HERA provision, though a number of courts, including a handful within this Circuit, have examined FIRREA’s similar provision capping liability, 12 U.S.C. § 182 l(i)(2). E.g., Bank of Am.”
Deutsche Bank National Trust Co. v. Federal Deposit Insurance (2014)
“12 U.S.C. § 182 l(j) provides: 3 . The district court dismissed Deutsche Bank’s breach of contract claims premised on the FDIC’s splitting of the benefits and burdens of the PSAs.”
AG Route Seven Partnership v. United States (2003)
“12 U.S.C. § 182 l(d)(l 1)(A) (2001) provides as follows: "Subject to section 1815(e)(2)(C) of this title, amounts realized from the liquidation or other resolution of any insured depository institution by any receiver appointed for such institution shall be distributed to pay…”
Wachovia Bank, National Association v. Daniel G. Schmidt III Priag LLC Dgs Investments, Inc. (2004)
“§ 75 (providing for rescheduled annual shareholders’ meetings when the meeting day “falls on a legal holiday in the State in which the bank is located”); 12 U.S.C. § 182 (requiring notice of intent to dissolve to be published “for a period of two months in every issue of a…”
Stewart v. JPMorgan Chase Bank, N.A. (In re Stewart) (2012)
“” 12 U.S.C. § 182 1 (d) (2) (G) (i) (II). To create an efficient process for the handling of claims against a failed lending institution, FIRREA requires the FDIC to provide notice of the institution’s failure to the creditors of the institution and such notice directs those…”
Jones v. Resolution Trust Corp. (1993)
“§ 1821 (n)(4)(A)(ii); indemnify interim directors, officers, employees and agents of bridge banks, 12 U.S.C. § 182 1(n)(4)(B); waive capital requirements which would otherwise apply, 12 U.”
Federal Sav. and Loan Ins. Corp. v. Shelton (1992)
“12 U.S.C. § 182 l(d)(2)(A)(x). 14 . Federal Deposit Ins.”
Brown Leasing Co. v. Federal Deposit Insurance (1993)
“12 U.S.C. § 182 l(d)(5)(F)(ii) (1991). The Ohio Supreme Court recently held that the implication of this provision is that Congress intended courts to retain jurisdiction over pending lawsuits whether or not the litigant files a claim with the receiver.”
Federal Deposit Insurance v. McFarland (2001)
“Section 1821(d)(13)(D), which is entitled, "Limitation on judicial review,” states: Except as otherwise provided in this subsection, no court shall have jurisdiction over — (i) any claim or action for payment from, or any action seeking a determination of rights with respect to,…”
Mones v. Commercial Bank of Kuwait, SAK (2005)
“CBK alleges that as of that date it ceased all banking operations pursuant to a voluntary liquidation under 12 U.S.C. §§ 182 and 3102. See Opp. Mem. at 3.”
Nashville Lodging Co. v. Resolution Trust Corp. (1993)
“See 12 U.S.C. § 182 1(e)(3)(A)(ii); Local 2, 813 F.”
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