Rhode Island General Laws 42-116-6. Additional general powers
In addition to the powers enumerated in this chapter, except to the extent inconsistent with any specific provision of this chapter, the corporation has power:
(1) To acquire or purchase all or any portion of the assets of one or more eligible institutions, and to hold those assets in the manner that the corporation deems advisable and sell or dispose of those assets acquired or held by it at prices without relation to cost and in the manner as the corporation deems advisable, and to secure its own bonds with these assets, all as provided in this chapter;
(2) In connection with the acquisition of all or any portion of the assets of an eligible institution, to assume all, none, or any portion of the liabilities, including deposit liabilities, of an eligible institution at the terms and in the manner that the corporation deems advisable; provided, however, that the corporation is responsible and liable only for those liabilities specifically assumed and bears no responsibility or liability for any other debts or liabilities of the eligible institutions;
(3) To abandon any of the corporation’s assets or property as the corporation deems advisable;
(4) To redeem any of the assets or properties of the corporation which are subject to a pledge, mortgage, or security interest, upon the terms and conditions as the corporation deems advisable;
(5) To establish and collect or cause to be collected the fees and charges that the corporation determines to be reasonable;
(6) To make loans in furtherance of the purposes of the corporation, including, without limitation, to renegotiate, rewrite, extend, and modify loans and other obligations;
(7) To make advance, progress, or other payments;
(8) To modify, renegotiate, or restructure any agreement relating to any assets acquired or liabilities assumed by the corporation;
(9) To make and enter into indemnity and guaranty agreements;
(10) To assist in the acquisition of federal deposit insurance with respect to any deposit liabilities (or any deposit obligations issued in full or partial satisfaction thereof) whether from the National Credit Union Administration or the Federal Deposit Insurance Corporation, and whether or not the acquisition of federal insurance is by merger, purchase and assumption, consolidation, liquidation, conversion, or otherwise, which assistance may include without limitation the corporation’s pledge or payment of its revenues to or for the benefit of an institution (which term for the purposes of this subsection includes an eligible institution and any institution that facilitates the acquisition of federal deposit insurance and any affiliate of the institution), sales or other transfer of assets of the corporation to or purchases or other acquisitions of assets from this institution, secured or unsecured loans to this institution, secured or unsecured guaranties of or indemnities against losses or liabilities of this institution and/or purchases or other acquisitions by the corporation of capital stock of this institution; and
(11) To act as and be the conservator of an eligible institution in accordance with chapter 16 of Title 19 or to act as a receiver in accordance with title 19, chapter 15 or to act as the operating, managing, liquidating, or other agent for the conservator or the receiver of an eligible institution.
History of Section.
P.L. 1991, ch. 3, § 4; P.L. 1992, ch. 9, § 1.
Terms Used In Rhode Island General Laws 42-116-6
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Bonds: means the bonds, notes, or other evidences of indebtedness of the corporation. See Rhode Island General Laws 42-116-3
- 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.
- Corporation: means the Rhode Island depositors economic protection corporation. See Rhode Island General Laws 42-116-3
- Cost: means any or all costs incurred by the corporation in connection with its operation and in connection with acquiring, managing, restructuring, refinancing, marketing, selling, and disposing of the assets of eligible institutions and/or the corporation including, without limiting the generality of the foregoing, amounts for the following: acquisition, restructuring, refinancing, marketing, sale and disposition of real property, loans and loan participations, including without limitation, commercial loans, real estate construction loans, commercial mortgage loans, consumer installment loans, home equity loans and residential mortgage loans, together with all unpaid interest thereon, including all promissory notes evidencing the loans, all loan agreements, mortgages, security agreements, financing statements, assignments of leases and rents, loan indemnity agreements, guarantees and letters of credit (and any cash proceeds thereof which have not been applied against the obligations under any of the loans) and any other forms of collateral or credit enhancement related to the loans, all cash held by a financial institution as collateral in connection with any loans, all accounts receivable arising from the eligible institution's business, and all letter of credit agreements, fees of trustees and other depositories, legal and auditing fees, premiums and fees for insurance, letters and lines of credit and other credit facilities and, services of engineers, environmental, property management and financial experts and other consultants, and working capital and administrative expenses, legal expenses and other expenses necessary or incidental to the aforesaid. See Rhode Island General Laws 42-116-3
- Deposit liabilities: means liabilities of an eligible institution in respect of time, savings, demand or other deposits of the institution, including without limitation certificates of deposit, individual retirement accounts, escrow and fiduciary accounts, and unpaid cashiers checks issued to depositors or issued to or for depositors in the course of a withdrawal from an account at the institution. See Rhode Island General Laws 42-116-3
- Eligible institution: means : (i) any credit union, loan and investment company, bank and trust company or other depository institution; (A) the accounts of which were insured by the Rhode Island share and deposit indemnity corporation as of December 30, 1990, and (B) for which a conservator or receiver had been appointed subsequent to January 1, 1991; and (ii) any conservator or appointed receiver; and (iii) the Rhode Island share and deposit indemnity corporation; and (iv) Heritage Loan and Investment Company. See Rhode Island General Laws 42-116-3
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC
- Revenues: means when used with reference to the corporation, any receipts, fees, payments, moneys, revenues or other payments received or to be received by the corporation in the exercise of its corporate powers under this chapter, including without limitation loan repayments, grants, aid, appropriations and other assistance from the state, the United States or any corporation, department or instrumentality of either or of a political subdivision thereof, bond proceeds, investment earnings, insurance proceeds, amounts in reserves and other funds and accounts established by or pursuant to this chapter or in connection with the issuance of bonds, and any other taxes, assessments, fees, charges, awards or other income or amounts received or receivable by the corporation. See Rhode Island General Laws 42-116-3