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Type: Statute
Statute: 1971 ACT AS AMENDED
Title: Title VIII Agricultural Mortgage Secondary Market
Part:
Subtitle: Subtitle B-Regulation of Financial Safety and Soundness of Federal Agricultural Mortgage Corporation
Chapter Name:
U.S. Code Citation: 12 U.S.C. 2279bb-4


12 U.S.C. 2279bb-4 SEC. 8.35. ENFORCEMENT LEVELS.
(a) IN GENERAL. The Director shall classify the Corporation, for purposes of this subtitle, according to the following enforcement levels:
(1) LEVEL I. The Corporation shall be classified as within level I if the Corporation
(A) maintains an amount of regulatory capital that is equal to or exceeds the risk-based capital level established under section 8.32; and
(B) equals or exceeds the minimum capital level established under section 8.33.
(2) LEVEL II. The Corporation shall be classified as within level II if
(A) the Corporation
(i) maintains an amount of regulatory capital that is less than the risk-based capital level; and
(ii) equals or exceeds the minimum capital level; or
(B) the Corporation is otherwise classified as within level II under subsection (b) of this section.
(3) LEVEL III. The Corporation shall be classified as within level III if
(A) the Corporation
(i) does not equal or exceed the minimum capital level; and
(ii) equals or exceeds the critical capital level established under section 8.34; or
(B) the Corporation is otherwise classified as within level III under subsection (b) of this section.
(4) LEVEL IV. The Corporation shall be classified as within level IV if the Corporation
(A) does not equal or exceed the critical capital level; or
(B) is otherwise classified as within level IV under subsection (b) of this section.
(b) DISCRETIONARY CLASSIFICATION. If at any time the Director determines in writing (and provides written notification to the Corporation and the Farm Credit Administration) that the Corporation is taking any action not approved by the Director that could result in a rapid depletion of core capital or that the value of the property subject to mortgages securitized by the Corporation or property underlying securities guaranteed by the Corporation, has decreased significantly, the Director may classify the Corporation
(1) as within level II, if the Corporation is otherwise within level I;
(2) as within level III, if the Corporation is otherwise within level II; or
(3) as within level IV, if the Corporation is otherwise within level III.
(c) QUARTERLY DETERMINATION. The Director shall determine the classification of the Corporation for purposes of this subtitle on not less than a quarterly basis (and as appropriate under subsection (b)). The first such determination shall be made for the quarter ending March 31, 1992.
(d) NOTICE. Upon determining under subsection (b) or (c) that the Corporation is within level II or III, the Director shall provide written notice to the Congress and to the Corporation
(1) that the Corporation is within such level;
(2) that the Corporation is subject to the provisions of section 8.36 or 8.37, as applicable; and
(3) stating the reasons for the classification of the Corporation within such level.
(e) IMPLEMENTATION. Notwithstanding paragraphs (1) and (2) of subsection (a), during the period beginning on December 13, 1991, and ending on the effective date of the risk based capital regulation issued by the Director under section 8.32, the Corporation shall be classified as within level I if the Corporation equals or exceeds the minimum capital level established under section 8.33.

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