12 USC 2279bb-4 – Enforcement levels
(a) In general
The Director shall classify the Corporation, for purposes of this part, 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 2279bb-1 of this title; and
(B) equals or exceeds the minimum capital level established under section 2279bb-2 of this title.
(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 2279bb-3 of this title; 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
Terms Used In 12 USC 2279bb-4
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- writing: includes printing and typewriting and reproductions of visual symbols by photographing, multigraphing, mimeographing, manifolding, or otherwise. See 1 USC 1
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 part 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 2279bb-5 or 2279bb-6 of this title, as applicable; and
(3) stating the reasons for the classification of the Corporation within such level.