Statute: 1971 ACT AS AMENDED
Title: Title IV Provisions Applicable to Two or More Classes of Institutions of the System
Part: Part A Funding
U.S. Code Citation: 12 U.S.C. 2162
12 U.S.C. 2162 SEC. 4.9A. PROTECTION OF BORROWER STOCK.
(a) RETIREMENT OF STOCK. Notwithstanding any other section of this Act, each institution of the Farm Credit System, when retiring eligible borrower stock in accordance with this Act, shall retire such stock at par value.
(b) CERTAIN POWERS NOT AFFECTED. This section does not affect the authority of any institution of the Farm Credit System—
(1) to retire or cancel borrower stock at par value for application against a loan in default;
(2) to cancel borrower stock at par value under section 4.14B; or
(3) to apply, against any outstanding indebtedness to a System association arising out of or in connection with a liquidation referred to in subsection (d)(2) of this section, the par value of borrower stock frozen in such liquidation.
(c) INABILITY TO RETIRE STOCK AT PAR VALUE. If an institution is unable to retire eligible borrower stock at par value due to the liquidation of the institution, the receiver of the institution shall retire such stock at par value as would have been retired in the ordinary course of business of the institution, and—
(1) during the 5-year period beginning on the date of the enactment of the Agricultural Credit Act of 1987, the Assistance Board shall direct the Financial Assistance Corporation to provide the receiver with sufficient funds to enable the receiver to carry out this subsection; and
(2) after such 5-year period, the Farm Credit System Insurance Corporation shall provide the receiver with sufficient funds from the Farm Credit Insurance Fund to enable the receiver to carry out this subsection.
(d) DEFINITIONS. For purposes of this section:
(1) BORROWER STOCK. The term "borrower stock" means voting and nonvoting stock, equivalent contributions to a guaranty fund, participation certificates, allocated equities, and other similar equities that are subject to retirement under a revolving cycle issued by any System institution and held by any person other than any System institution.
(2) ELIGIBLE BORROWER STOCK. The term "eligible borrower stock" means borrower stock that—
(A) is outstanding on the date of the enactment of this section;
(B) is issued or allocated after the date of the enactment of this section, but prior to the earlier of—
(i) in the case of each bank and association, the date of approval, by the stockholders of such bank or association, of the capitalization requirements of the institution in accordance with section 4.3A; or
(ii) the date that is 9 months after the date of the enactment of this section;
(C) was, after January 1, 1983, but before the date of the enactment of this section, frozen by an institution that was placed in liquidation; or
(D) was retired at less than par value by an institution that was placed in liquidation after January 1, 1983, but before the date of the enactment of this section.
(3) INSTITUTION. The term "institution" means a bank or association chartered under this Act.
(4) PAR VALUE. The term "par value" means—
(A) in the case of stock, par value;
(B) in the case of participation certificates and other equities and interests not described in subparagraph (C), face or equivalent value; or
(C) in the case of participation certificates and allocated equities subject to retirement under a revolving cycle but that a System institution elects to retire out of order for application against a loan in default or otherwise as provided in this Act, par or face value discounted, at a rate determined by the institution, to reflect the present value of the equity or interest as of the date of such retirement.
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