Pub. L. 100-233, tit. IV, subtit. C, sec. 421

ELIGIBILITY TO BORROW FROM A BANK FOR COOPERATIVES.

EnactedYear: 1988Length: 417 wordsOfficial source
SEC. 421. ELIGIBILITY TO BORROW FROM A BANK FOR COOPERATIVES. Section 3.8 (12 U.S.C. 2129) is amended by striking out subsection (2) and inserting in lieu thereof the following new subsection: “(b) Notwithstanding any other provision of this section: “(1) The following entities shall also be eligible to borrow from a bank for cooperatives: “(A) Cooperatives and other entities that have received a loan, loan commitment, or loan guarantee from the Rural Electrification Administration, or a loan or loan commitment from the Rural Telephone Bank, or that have been certified by the Administrator of the Rural Electrification Administration to be eligible for such a loan, loan commitment, or loan guarantee, and subsidiaries of such cooperatives or other entities. “(B) Any legal entity more than 50 percent of the voting control of which is held by one or more associations or other entities that are eligible to borrow from a bank for cooperatives under subsection (a) or subparagraph (A) of this paragraph, except that any such legal entity, when considered together with one or more such associations or other entities that hold such control, meet the requirement of subsection (a)(3). “(C) Any legal entity that (i) holds more than 50 percent of the voting control of an association or other entity that is eligible to borrow from a bank for cooperatives under subsection (a) or subparagraph (A) of this paragraph, and (ii) borrows for the purpose of making funds available to that association or entity, and make funds available to that 101 STAT. 1655association or entity under the same terms and conditions that the funds are borrowed from a bank for cooperatives. “(2) Notwithstanding the provisions of section 3.9, the board of directors of a bank for cooperatives may determine that, with respect to a loan to any borrower eligible to borrow from a bank under paragraph (1)(A) that is fully guaranteed by the United States, no stock purchase requirement shall apply, other than the requirement that a borrower eligible to own voting stock shall purchase one share of such stock. “(3) Each association and other entity eligible to borrow from a bank for cooperatives under this subsection, for purposes of section 3.7(a), shall be treated as an eligible cooperative association and a stockholder eligible to borrow from the bank. “(4) Nothing in this subsection shall be construed to adversely affect the eligibility, as it existed on the date of the enactment of this subsection, of cooperatives and other entities for any other credit assistance under Federal law.”.
Pub. L. 100-233, tit. IV, subtit. C, sec. 421: ELIGIBILITY TO BORROW FROM A BANK FOR COOPERATIVES. | Justis AI