{"identifier":"/us/usc/t12/s371b\u20132","title":12,"num":"\u00a7\u202f371b\u20132.","heading":"Interbank liabilities","text":"\u00a7\u202f371b\u20132.\nInterbank liabilities\n(a)\nPurpose\nThe purpose of this section is to limit the risks that the failure of a large depository institution (whether or not that institution is an insured depository institution) would pose to insured depository institutions.\n(b)\nAggregate limits on insured depository institutions\u2019 exposure to other depository institutions\nThe Board shall, by regulation or order, prescribe standards that have the effect of limiting the risks posed by an insured depository institution\u2019s exposure to any other depository institution.\n(c)\n\u201cExposure\u201d defined\n(1)\nIn general\nFor purposes of subsection (b), an insured depository institution\u2019s \u201cexposure\u201d to another depository institution means\u2014\n(A) all extensions of credit to the other depository institution, regardless of name or description, including\u2014\n(i) all deposits at the other depository institution;\n(ii) all purchases of securities or other assets from the other depository institution subject to an agreement to repurchase; and\n(iii) all guarantees, acceptances, or letters of credit (including endorsements or standby letters of credit) on behalf of the other depository institution;\n(B) all purchases of or investments in securities issued by the other depository institution;\n(C) all securities issued by the other depository institution accepted as collateral for an extension of credit to any person; and\n(D) all similar transactions that the Board by regulation determines to be exposure for purposes of this section.\n(2)\nExemptions\nThe Board may, at its discretion, by regulation or order, exempt transactions from the definition of \u201cexposure\u201d if it finds the exemptions to be in the public interest and consistent with the purpose of this section.\n(3)\nAttribution rule\nFor purposes of this section, any transaction by an insured depository institution with any person is a transaction with another depository institution to the extent that the proceeds of the transaction are used for the benefit of, or transferred to, that other depository institution.\n(d)\nInsured depository institution\nFor purposes of this section, the term \u201cinsured depository institution\u201d has the same meaning as in\nsection 1813 of this title\n(e)\nRulemaking authority; enforcement\nThe Board may issue such regulations and orders, including definitions consistent with this section, as may be necessary to administer and carry out the purpose of this section. The appropriate Federal banking agency shall enforce compliance with those regulations under\nsection 1818 of this title","url":"https://projectusc.org/usc/t12/s371b\u20132.html","content":[{"t":"sec","id":"/us/usc/t12/s371b\u20132","children":[{"t":"num","text":"\u00a7\u202f371b\u20132."},{"t":"heading","text":"Interbank liabilities"},{"t":"subsec","id":"/us/usc/t12/s371b\u20132/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"Purpose"},{"t":"content","children":[{"t":"p","text":"The purpose of this section is to limit the risks that the failure of a large depository institution (whether or not that institution is an insured depository institution) would pose to insured depository institutions.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t12/s371b\u20132/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Aggregate limits on insured depository institutions\u2019 exposure to other depository institutions"},{"t":"content","children":[{"t":"p","text":"The Board shall, by regulation or order, prescribe standards that have the effect of limiting the risks posed by an insured depository institution\u2019s exposure to any other depository institution.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t12/s371b\u20132/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"\u201cExposure\u201d defined"},{"t":"para","id":"/us/usc/t12/s371b\u20132/c/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"In general"},{"t":"chapeau","text":"For purposes of subsection (b), an insured depository institution\u2019s \u201cexposure\u201d to another depository institution means\u2014"},{"t":"subpara","id":"/us/usc/t12/s371b\u20132/c/1/A","children":[{"t":"num","text":"(A)"},{"t":"chapeau","text":" all extensions of credit to the other depository institution, regardless of name or description, including\u2014"},{"t":"clause","id":"/us/usc/t12/s371b\u20132/c/1/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" all deposits at the other depository institution;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t12/s371b\u20132/c/1/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" all purchases of securities or other assets from the other depository institution subject to an agreement to repurchase; and","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t12/s371b\u20132/c/1/A/iii","children":[{"t":"num","text":"(iii)"},{"t":"content","text":" all guarantees, acceptances, or letters of credit (including endorsements or standby letters of credit) on behalf of the other depository institution;","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t12/s371b\u20132/c/1/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" all purchases of or investments in securities issued by the other depository institution;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t12/s371b\u20132/c/1/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" all securities issued by the other depository institution accepted as collateral for an extension of credit to any person; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t12/s371b\u20132/c/1/D","children":[{"t":"num","text":"(D)"},{"t":"content","text":" all similar transactions that the Board by regulation determines to be exposure for purposes of this section.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t12/s371b\u20132/c/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Exemptions"},{"t":"content","children":[{"t":"p","text":"The Board may, at its discretion, by regulation or order, exempt transactions from the definition of \u201cexposure\u201d if it finds the exemptions to be in the public interest and consistent with the purpose of this section.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t12/s371b\u20132/c/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Attribution rule"},{"t":"content","children":[{"t":"p","text":"For purposes of this section, any transaction by an insured depository institution with any person is a transaction with another depository institution to the extent that the proceeds of the transaction are used for the benefit of, or transferred to, that other depository institution.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t12/s371b\u20132/d","children":[{"t":"num","text":"(d)"},{"t":"heading","text":"Insured depository institution"},{"t":"content","children":[{"t":"p","text":"For purposes of this section, the term \u201cinsured depository institution\u201d has the same meaning as in ","children":[{"t":"ref","text":"section 1813 of this title","href":"/us/usc/t12/s1813","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t12/s371b\u20132/e","children":[{"t":"num","text":"(e)"},{"t":"heading","text":"Rulemaking authority; enforcement"},{"t":"content","children":[{"t":"p","text":"The Board may issue such regulations and orders, including definitions consistent with this section, as may be necessary to administer and carry out the purpose of this section. The appropriate Federal banking agency shall enforce compliance with those regulations under ","children":[{"t":"ref","text":"section 1818 of this title","href":"/us/usc/t12/s1818","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}