United States Code (Last Updated: May 24, 2014) |
Title 12. BANKS AND BANKING |
Chapter 23. FARM CREDIT SYSTEM |
SubChapter II. FARM CREDIT ASSOCIATIONS |
Part A. Production Credit Associations |
§ 2071. Organization and charters
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(a) Charter Each production credit association shall continue as a Federally chartered instrumentality of the United States.
(b) Organization (1) In general Production credit associations may be organized by 10 or more farmers or ranchers or producers or harvesters of aquatic products desiring to borrow money under the provisions of this part.
(2) Articles of association The proposed articles of association shall be forwarded to the Farm Credit Bank for the district accompanied by an agreement to subscribe on behalf of the association for stock in the bank in such amounts as may be required by the bank.
(3) Contents of articles The articles shall specify in general terms the— (A) objects for which the association is formed; (B) powers to be exercised by the association in carrying out the functions authorized by this part; and (C) territory the association proposes to serve. (4) Signatures The articles shall be signed by persons desiring to form such an association and shall be accompanied by a statement signed by each such person establishing eligibility to borrow from the association in which such person will become a stockholder.
(5) Copy to FCA A copy of the articles of association shall be forwarded to the Farm Credit Administration with the recommendations of the bank concerning the need for such an association in order to adequately serve the credit needs of eligible persons in the proposed territory and whether that territory includes any area described in the charter of another production credit association.
(6) Denial of charter The Farm Credit Administration for good cause shown may deny the charter.
(7) Approval of articles On approval of the proposed articles by the Farm Credit Administration, and on the issuance of a charter, the association shall become as of such date a federally chartered body corporate and an instrumentality of the United States.
(8) Powers of FCA The Farm Credit Administration shall have the power, under rules and regulations prescribed by the Farm Credit Administration or by prescribing in the terms of the charter, to— (A) provide for the organization of the association; (B) provide for the initial amount of stock of the association; (C) provide for the territory within which the association’s operations may be carried on; and (D) approve amendments to the charter of the association.
Prior Provisions
A prior section 2071, Pub. L. 92–181, title II, § 2.0,
Amendments
1991—Subsec. (b)(8). Pub. L. 102–237 substituted “charter, to” for “charter to” in introductory provisions.
1988—Subsec. (b)(1). Pub. L. 100–399, § 401(m)(1), substituted “this part” for “this subchapter”.
Subsec. (b)(3)(B). Pub. L. 100–399, § 401(m)(2), (3), struck out “the” before “powers” and substituted “this subtitle” for “this part”, both of which for purposes of codification were translated as “this part”, requiring no change in text.
Subsec. (b)(3)(C). Pub. L. 100–399, § 401(m)(3), struck out “the” before “territory”.
Subsec. (b)(8). Pub. L. 100–399, § 401(m)(4), struck out in introductory provision “or by approval of bylaws of the association” after “the charter” and amended subpar. (D) generally. Prior to amendment, subpar. (D) read as follows: “direct at any time such changes in the charter as the Farm Credit Administration finds necessary for the accomplishment of the purposes of this chapter”.
Effective Date Of Amendment
Amendment by Pub. L. 102–237 effective as if included in the provision of the Food, Agriculture, Conservation, and Trade Act of 1990, Pub. L. 101–624, to which the amendment relates, see section 1101(b)(4) of Pub. L. 102–237, set out as a note under section 1421 of Title 7, Agriculture.
Amendment by Pub. L. 100–399 effective immediately after amendment made by section 401 of Pub. L. 100–233, which was effective 6 months after
Effective Date
Pub. L. 100–233, title IV, § 401,
Miscellaneous
Pub. L. 100–233, title IV, § 411,
Pub. L. 100–233, title IV, § 433,