12 U.S.C. § 2278a–5 (BANKS AND BANKING)
§ 2278a–5. Assistance
(a) In general
The Assistance Board shall assist an institution that has been certified under section 2278a–4 of this title by—
(1) authorizing the institution to issue preferred stock under section 2278b–7 of this title, in amounts necessary to maintain the book value of stock, participation certificates, and other similar equities of the institution, at the level provided for in subsection (c);
(2) in the case of high-cost debt for which the institution is primarily liable, authorizing the institution to issue preferred stock under section 2278b–7 of this title, in an amount equal to the premium that would be required by the holder of the debt for the institution to retire the debt at the then current market value;
(3) on a request by the institution, authorizing the issuance of preferred stock under section 2278b–7 of this title to facilitate the merger of the requesting institution with one or more other System institutions; or
(4) providing assistance by such other methods as the Assistance Board determines appropriate.
(b) “High-cost debt” defined
For purposes of subsection (a)(2), the term “high-cost debt” means securities or similar obligations issued before January 1, 1986, that mature on or after December 31, 1987, and bear a rate of interest in excess of the then current market rate for similar securities or obligations.
(c) Minimum equity value
The Assistance Board shall authorize a certified institution to issue amounts of preferred stock under section 2278b–7 of this title sufficient to—
(1) maintain the value of stock, participation certificates and other similar equities at no less than 75 percent of the par value of the stock or the face value of the certificates or equities, as determined under generally accepted accounting principles; and
(2) strengthen the institution to a point where it is economically viable, and capable of delivering credit at reasonable and competitive rates.
(d) Limitation
Except as provided in section 410(c) of the Agricultural Credit Act of 1987, no assistance shall be provided in connection with a merger until the stockholders and the institutions involved have approved the merger and the Farm Credit Administration has given final approval to the merger plan.
(Pub. L. 92–181, title VI, § 6.5, as added Pub. L. 100–233, title II, § 201, Jan. 6, 1988, 101 Stat. 1588; amended Pub. L. 100–399, title II, § 201(d), (e), Aug. 17, 1988, 102 Stat. 991.)
heading: References in Text
text: Section 410(c) of the Agricultural Credit Act of 1987, referred to in subsec. (d), is section 410(c) of Pub. L. 100–233, which is set out as a note under section 2011 of this title.
heading: Amendments
text: 1988—Subsecs. (a)(1) to (3), (c). Pub. L. 100–399, § 201(e), struck out “the appropriate provision of” after “under” wherever appearing.
Subsec. (d). Pub. L. 100–399, § 201(d), substituted “Except as provided in section 410(c) of the Agricultural Credit Act of 1987, no” for “No”.
heading: Effective Date of 1988 Amendment
text: 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.