12 U.S.C. § 2278A
Section 2278a · Certification of eligibility to issue preferred stock
Amended 2 times on record
Applied in 1 court decisions — leading case 758 F. Supp. 6 - Colorado Springs Production Credit Ass'n v. Farm Credit Administration (1991)
Most recently applied in 758 F. Supp. 6 - Colorado Springs Production Credit Ass'n v. Farm Credit Administration (February 1991)
If the book value of the stock, participation certificates, and other similar equities of a System institution, based on generally accepted accounting principles, is less than the par value of the stock or the face value of the certificates or equities—
(1) the Farm Credit Administration shall notify the Assistance Board of such impairment;
(2) the Assistance Board shall monitor the financial condition, business plans, and operations of the institution; and
(3) the institution may request the Assistance Board to grant certification to issue preferred stock under section 2278b–7(a) of this title.
If the book value of the stock, participation certificates, and other similar equities of a System institution, based on generally accepted accounting principles, is less than 75 percent of the par value of the stock or the face value of the certificates or equities, the institution shall request the Assistance Board to grant certification to issue preferred stock under section 2278b–7(a) of this title.
(1) In general
The Assistance Board shall determine whether to certify a System institution as eligible to issue preferred stock under section 2278b–7 of this title, if—
(A) the institution requests such certification;
(B) the book value of the stock, participation certificates, and other similar equities of the institution, based on generally accepted accounting principles, has declined to 75 percent of the par value of the stock or the face value of the certificates or equities; and
(C) the institution agrees to meet the terms and conditions specified by the Assistance Board pursuant to section 2278a–6 of this title.
(2) Effective date of certification
If the determination of the Assistance Board is to certify the institution under paragraph (1), such certification shall be effective at the time of such determination.
As soon as practicable after January 6, 1988, the Assistance Board shall take such actions as are necessary to carry out this section.
Except where otherwise provided in this chapter, the term “other similar equities” includes allocated equities.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Amendments
1988—Subsecs. (c) to (e). Pub. L. 100–399 redesignated second subsec. (c) and subsec. (d) as (d) and (e), respectively.
Effective Date of 1988 Amendment
Amendment by Pub. L. 100–399 effective as if enacted immediately after enactment of Pub. L. 100–233, which was approved Jan. 6, 1988, see section 1001(a) of Pub. L. 100–399, set out as a note under section 2002 of this title.