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12 U.S.C. § 1831p–1

Standards for safety and soundness

United States · Title 12 — BANKS AND BANKING · Status: effective

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12 U.S.C. § 1831p–1, Standards for safety and soundness, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/438043
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Each appropriate Federal banking agency shall, for all insured depository institutions, prescribe— standards relating to— Each appropriate Federal banking agency shall prescribe standards, by regulation or guideline, for all insured depository institutions relating to asset quality, earnings, and stock valuation that the agency determines to be appropriate. Each appropriate Federal banking agency shall, for all insured depository institutions, prescribe— standards prohibiting as an unsafe and unsound practice any employment contract, compensation or benefit agreement, fee arrangement, perquisite, stock option plan, post­employment benefit, or other compensatory arrangement that— standards specifying when compensation, fees, or benefits referred to in paragraph (1) are excessive, which shall require the agency to determine whether the amounts are unreasonable or disproportionate to the services actually performed by the individual by considering— Standards under subsections (a), (b), and (c) shall be prescribed by regulation or guideline. Such regulations or guidelines may not prescribe standards that set a specific level or range of compensation for directors, officers, or employees of insured depository institutions. Paragraph (1) shall not affect the authority of any appropriate Federal banking agency to restrict the level of compensation, including golden parachute payments (as defined in section 1828(k)(4) of this title), paid to any director, officer, or employee of an insured depository institution under any other provision of law. Paragraph (1) shall not affect the authority of any appropriate Federal banking agency to restrict compensation paid to any senior executive officer of an undercapitalized insured depository institution pursuant to section 1831o of this title. Paragraph (1) shall not be construed as affecting the authority of any appropriate Federal banking agency under any provision of this chapter other than this section, or under any other provision of law, to prescribe a specific level or range of compensation for any director, officer, or employee of an insured depository institution— If the appropriate Federal banking agency determines that an insured depository institution fails to meet any standard prescribed under subsection (a) or (b)— Any plan required under subparagraph (A) shall specify the steps that the institution will take to correct the deficiency. If the institution is undercapitalized, the plan may be part of a capital restoration plan. The appropriate Federal banking agency shall by regulation establish deadlines that— If an insured depository institution fails to submit an acceptable plan within the time allowed under paragraph (1)(C), or fails in any material respect to implement a plan accepted by the appropriate Federal banking agency, the agency, by order— may do 1 or more of the following until the deficiency has been corrected: In complying with paragraph (2), the appropriate Federal banking agency shall take 1 or more of the actions described in clauses (i) through (iii) of paragraph (2)(B) if— either— during the 24-month period before the date on which the institution first failed to meet the standard— For purposes of this section, the terms “average” and “capital restoration plan” have the same meanings as in section 1831o of this title. The authority granted by this section is in addition to any other authority of the Federal banking agencies.

Legislative history

The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone.

  • Enacted byPub. L. 102-242(S. 543)1991-12-19
    Federal Deposit Insurance Corporation Improvement Act of 1991
    House: no recorded tallySenate: 68–15
  • Amended byPub. L. 102-550(H.R. 5334)1992-10-28
    Housing and Community Development Act of 1992
    House: 377–37Senate: no recorded tally
  • Amended byPub. L. 103-325(H.R. 3474)1994-09-23
    Riegle Community Development and Regulatory Improvement Act of 1994
    House: 410–12Senate: no recorded tally