Database Search Results

The statute specifically directs the Board of Governors to examine affiliates of state member banks and outlines the consequences for failing to comply with examination requests or expense assessments. Even the discretionary aspects, like assessing expenses or requiring the surrender of stock, are tied to specific regulatory tasks identified in the statute.

12 U.S.C. § 338 directly mandates the Board of Governors of the Federal Reserve System to examine the affairs of affiliates of state member banks. It also grants the Board the discretion to assess examination expenses against the bank and to require member banks to surrender stock and forfeit membership for non-compliance, meaning regulation is directly mandated to implement and enforce these provisions.

The statute specifically instructs the agencies to establish minimum requirements for state registration of appraisal management companies and outlines specific requirements that must be included (registration, use of licensed appraisers, compliance with appraisal standards, and independence). This provides a clear, albeit somewhat open-ended, regulatory task.

12 U.S.C. § 3353(a) explicitly mandates the agencies to jointly establish minimum requirements by rule.

The statute falls into the category of “Specific Authority Delegation” under Hickman’s framework. Although the statute itself is primarily directive and creates a clear rule (prohibition on certain stock certificate representations and transfer conditions), 12 U.S.C. § 338(a) specifically authorizes the Board of Governors of the Federal Reserve System to prescribe regulations to enforce these restrictions, which falls under the “clearly instructs an agency on a specific regulatory task” criteria.

The statute restricts the conditions under which state member bank stock can be sold or transferred. While the statute directly creates a prohibition, 12 U.S.C. § 338(a), within the same subchapter, grants the Board of Governors of the Federal Reserve System the authority to issue regulations to enforce the provisions of the subchapter. Therefore, a regulation in this area is authorized, though not explicitly mandated.

While 12 U.S.C. § 336 regulates a very specific aspect of bank stock, 12 CFR Part 217 cites several statutes, including 12 U.S.C. 321-338a. This broader range constitutes a general authority delegation concerning capital adequacy, not specifically addressing the restrictions on stock certificates as detailed in 12 U.S.C. § 336. The rulemaking in 12 CFR Part 217 isn’t narrowly focused on the precise issue of stock certificate representation.

12 U.S.C. § 336 concerns the restrictions on the stock certificates of State member banks. 12 CFR Part 217 relates to the capital adequacy of bank holding companies, savings and loan holding companies, and State member banks. While both concern State member banks, the statute doesn’t directly mandate or explicitly authorize the regulation. The regulation falls under the general umbrella of bank regulation, which implicitly relates to the statutes governing banks but isn’t a direct outcome of this specific section.

The statute provides authority to regulate the permissible representations on stock certificates of state member banks, and the conditions on ownership, sale, or transfer of those certificates. 12 CFR 240 relates broadly to foreign exchange transactions, and while it cites the range 12 U.S.C. 321-338 as authority, 336 fits Kristin Hickman’s delegation framework as the statute does instruct the agency on a specific regulatory task or gap by restricting certain bank stock certificates.

12 U.S.C. 336 falls within the range of statutes cited as authority for 12 CFR Part 240 (321-338), authorizing but not mandating specific regulations regarding retail foreign exchange transactions as detailed in Part 240.

Although 12 U.S.C. § 336 sets forth explicit prohibitions regarding stock certificates, it doesn’t instruct the agency on a specific regulatory task related to it. The statute is more about directly setting a rule than empowering the agency to make rules about the representations of stock. However, 12 U.S.C. 321-338a, cited as authority for Regulation YY provides a general authority delegation to regulate member banks.

12 U.S.C. § 336 directly regulates the types of representations a state member bank’s stock certificate can contain and conditions on the ownership, sale, or transfer of those certificates. While it directly mandates what cannot be on a stock certificate, it does not directly mandate specific regulations to be created. The authority to regulate generally in this area is authorized by statute, but not specifically mandated by this section. Regulation YY, in part, addresses the capital of these firms and the management/operation of these banks.

The statute refers to section 24 which describes the powers of national banking associations, including their ability to conduct business of banking, and dictates limitations and conditions on those powers for both national and state member banks. By explicitly referencing and applying the limitations of section 24 to state member banks, the statute clearly instructs the agency (likely the Federal Reserve) on specific regulatory tasks, fitting the definition of Specific Authority Delegation.

12 U.S.C. § 335 makes state member banks subject to the same limitations and conditions with respect to the purchasing, selling, underwriting, and holding of investment securities and stock as are applicable in the case of national banks under 12 U.S.C. § 24. This directly mandates that state member banks abide by regulations pertaining to national banks’ investment activities.

While 12 U.S.C. § 3350 itself only provides definitions, and does not directly delegate rulemaking authority, it provides specific definitions vital to a regulatory scheme regarding appraisals. These definitions, especially the one for “appraisal management company,” inform and shape the boundaries of permissible regulation under related sections of Title XI, and help to clarify what regulatory tasks are meant to be addressed.

The statute defines terms related to real estate appraisals and appraisal management companies, which are relevant to the regulation of state banking institutions within the Federal Reserve System. The statute authorizes (through definitions) but does not mandate regulations related to appraisal standards and AMC oversight.

This statute directly instructs agencies on the specific task of defining terms like “State appraiser certifying and licensing agency,” “federally related transaction,” and “appraisal management company.” While providing definitions, these definitions directly relate to and enable regulation of specific aspects of federally related real estate appraisals, fitting within the “Specific Authority” delegation.

Subpart G of 12 CFR Part 225, “Appraisal Standards for Federally Related Transactions,” and Subpart M, “Minimum Requirements for Appraisal Management Companies,” are directly mandated by 12 U.S.C. 3331-3351, which establishes appraisal standards and regulations for financial transactions. 12 USC 3350 defines terms within this framework.

The statute explicitly defines specific regulatory tasks, such as monitoring appraiser independence (g), establishing an appraisal complaint hotline (i), and setting standards regarding temporary practice and reciprocity (a and b). These are concrete directives aimed at filling specific gaps in appraisal regulation, which fits the “Specific Authority” delegation category. While some aspects might require interpretation, the statute provides clear instructions.

12 U.S.C. § 3351 is listed in the authority section of 12 CFR Part 208. While the statute empowers and directs actions by the Appraisal Subcommittee and other agencies, it doesn’t directly mandate the Federal Reserve to issue regulations, but rather authorizes actions related to appraisal standards and oversight, which the Federal Reserve implements through regulations like those in Part 208. The statute authorizes the regulation, but doesn’t specifically tell the Federal Reserve they must regulate every aspect within the scope of the statute, especially since the statute also directs actions by state appraiser certifying agencies.

The statute provides specific guidance and direction to the Appraisal Subcommittee and other agencies regarding appraiser qualifications, temporary practice rules, reciprocity agreements, independence monitoring, and hotline operations. These are specific tasks assigned by Congress.

12 U.S.C. 3351 is explicitly listed as an authority for 12 CFR Part 225, and Subpart G specifically addresses appraisal standards, indicating a direct mandate relationship.

The statute provides specific directives by defining violations related to appraisals, setting penalties, and prescribing administrative proceedings. This falls under “clearly instructs an agency on a specific regulatory task.”

12 U.S.C. § 3349 is explicitly listed as an authority for 12 CFR Part 263. The statute creates violations related to appraisals and prescribes administrative proceedings for enforcement, which directly relates to the rules of practice outlined in the regulation.

The statute explicitly defines certain violations related to appraisals and provides that a proceeding with respect to violations of this section shall be an administrative proceeding which may be conducted by a Federal financial institutions regulatory agency in accordance with the procedures set forth in subchapter II of chapter 5 of title 5. While the specifics of these administrative proceedings are fleshed out in the regulation, the statute clearly directs the agency to conduct them.

The statute 12 U.S. Code § 3349 explicitly mentions administrative proceedings conducted by federal financial institutions regulatory agencies. 12 CFR Part 308 outlines the rules of practice and procedure for these administrative proceedings. Thus, the regulation is directly mandated by the statute.

The statute specifically directs the agency (implicitly the Federal Reserve, or possibly the OCC regarding national banks to which this refers) to apply the same limitations and conditions concerning investment securities to state member banks as are applicable to national banks under a specific section of the US Code. This clear instruction on a specific regulatory task qualifies it as a Specific Authority delegation. Although referencing another section, it still outlines a specific regulatory outcome.

12 U.S.C. § 335 directly mandates that State member banks are subject to the same limitations and conditions regarding investment securities as national banks under 12 U.S.C. § 24, paragraph “Seventh”. This means any regulations applying to national banks under that section directly apply to State member banks as well.

12 U.S.C. § 335 specifically references 12 U.S.C. § 24, paragraph Seventh, which details limitations and conditions on national banks dealing in investment securities. By making these same limitations and conditions applicable to state member banks, the statute is providing a specific regulatory task: ensuring that state member banks adhere to the investment restrictions outlined in section 24. It clearly identifies the regulatory task or gap.

12 U.S.C. § 335 makes state member banks subject to the same limitations and conditions regarding investment securities as national banks under 12 U.S.C. § 24. While § 335 itself doesn’t directly mandate specific regulations, it authorizes the agency (likely the Federal Reserve) to apply the existing regulations and limitations already applicable to national banks (through regulations promulgated under 12 U.S.C. § 24) to state member banks. This falls under “authorized but not mandated” because the statute does not specifically require the creation of new regulations, but it authorizes the application of existing ones to a new class of entities.

While 12 U.S.C. §§ 321-338 are cited in the authority section of 12 CFR Part 240, § 335 applies limitations and conditions on investment securities to state member banks that already apply to national banks under 12 U.S.C. § 24. The statute provides broad rulemaking authority without specifically directing the agency to regulate retail foreign exchange transactions.

12 U.S.C. § 335 applies limitations and conditions on investment securities to state member banks that already apply to national banks under 12 U.S.C. § 24. The regulations under 12 CFR Part 240 concern retail foreign exchange transactions. While 12 U.S.C. §§ 321-338 are cited in the authority section of 12 CFR Part 240 and may relate to the general powers of member banks and the Federal Reserve, § 335 itself doesn’t mandate specific regulations about retail foreign exchange. However, the broader statutory scheme authorizes regulations over member banks’ activities. Therefore, the relationship is authorized but not mandated.

The statute provides the Appraisal Subcommittee with specific responsibilities, such as monitoring state agencies, imposing sanctions, and adopting procedures. While some terms are open-ended (e.g., “effective regulatory program”), the statute identifies particular regulatory tasks and gaps.

The statute, 12 U.S.C. § 3347, authorizes the Appraisal Subcommittee to monitor state appraiser certifying and licensing agencies and take certain actions, such as imposing sanctions or refusing to recognize certifications. While the statute mandates monitoring, it doesn’t explicitly mandate every detail covered in the regulations (12 CFR Part 1102). The regulation appears to be authorized to carry out the statute’s purpose, but the statute doesn’t dictate every single aspect of the regulation.

The statute gives the Appraisal Subcommittee a specific regulatory task (monitoring state agencies), and lists detailed criteria like policies, funding, complaint processing, disciplinary actions, and program effectiveness for that monitoring. It also grants authority to take actions (removal from registries, sanctions) based on that monitoring. While terms like “effective” are used, the statute provides context, indicating it’s a specific delegation.

12 U.S.C. § 3347 directly mandates the Appraisal Subcommittee to monitor State appraiser certifying and licensing agencies to determine consistency with Chapter 12, and outlines specific areas of focus for this monitoring.

The statute specifically directs the Appraisal Subcommittee to extend effective dates for appraiser certification/licensing under certain conditions (substantial progress in state certification systems) and to waive requirements when there is a scarcity of appraisers. It also requires reporting of appraiser misconduct. These are not merely broad authorizations but direct instructions regarding specific regulatory tasks.

12 U.S.C. 3348(a) and 3348(c) are listed under the ‘Authority’ section for 12 CFR Part 1102, indicating that the regulations are directly mandated by the statute.

The statute specifically instructs the Appraisal Subcommittee on the regulatory tasks related to appraiser certification and licensing. While it uses terms like “substantial progress,” and “significant delays” giving the agency some leeway, it is focused on a defined regulatory task.

12 U.S.C. § 3348 directly mandates the use of certified or licensed appraisers for federally related transactions, with certain exceptions granted to the Appraisal Subcommittee. Regulation H, specifically Subpart E, addresses appraisal standards, indicating a direct mandate relationship.

While 12 U.S.C. § 3349 primarily defines violations and prescribes penalties, it also references the Appraisal Subcommittee’s waiver authority under 12 U.S.C. § 3348(b). This reference, combined with the statute’s overall purpose of ensuring proper appraisal practices, represents a specific instruction to the relevant agencies (including the Federal Reserve, given its regulatory authority over state member banks) to regulate the appraisal process and determine the contours of permissible waivers. Even though the terms are somewhat open-ended, the subject matter is specific and the regulatory task is identifiable.

The statute 12 U.S.C. § 3349 outlines specific violations related to appraisal practices in federally related transactions. While the statute doesn’t explicitly mandate a regulation, it authorizes the Appraisal Subcommittee to exercise waiver authority, implying that regulations could be issued to clarify or implement the statute’s provisions and the waiver process.

The statute provides instructions on a specific regulatory task of appraiser qualification. It provides criteria and definitions for when State Certified or Licensed appraisers are needed. Although the criteria require the agency to exercise discretion, they use open-ended terms such as “sufficient financial or public policy importance”, which falls into the Specific Authority framework.

The statute instructs agencies to consider financial and public policy importance when determining whether a state certified appraiser is needed. It sets minimum standards for when a certified appraiser is required ($1,000,000+ transactions) but also provides some leeway in determining the requirements for appraisals under that amount. The agency is authorized to create regulations regarding appraisals related to this statute, but isn’t explicitly mandated to create regulations beyond what is described in the Statute.

While the statute is relatively narrow in scope, focusing specifically on appraisal requirements for federally related transactions, it still instructs the agency on a specific regulatory task (ensuring that appraisals are conducted by qualified professionals). Although terms like “federally related transactions” leave room for agency interpretation, the delegation concerns a specific gap and the agency is expected to create definitions for it. This falls under Specific Authority Delegation, as the statute directs the agency to create regulations regarding appraisal requirements for certain transactions.

12 U.S.C. § 3343 establishes a requirement that federally related transactions, not requiring the services of a State certified appraiser, must be performed by either a State certified or licensed appraiser. While the statute itself dictates the appraisal requirements, it authorizes an agency (likely the Federal Reserve, given the regulation) to define “federally related transactions” and to further specify appraisal standards, and implement regulations to give effect to the statute’s requirements. It doesn’t directly mandate the specific content of every regulation, but authorizes regulations to implement it. The agency has latitude in setting the thresholds and standards, but it is acting under the authority of the statute.

While 12 U.S.C. § 3344 doesn’t directly create any agency authority to regulate, it does specifically instruct the agency on the process and timing of regulations that are authorized under 12 U.S.C. §§ 3342 and 3343. Because it constrains how the agency must exercise its authority under different sections, even if using the open-ended “as appropriate”, I classify it as Specific Authority

12 U.S.C. § 3344 explicitly refers to rules issued under sections 3342 and 3343 of the same title, directly mandating a timeline for their proposal and adoption. The statute dictates when the rules, “as appropriate” (implying rules are necessary), must be issued, making the relationship directly mandated.

While 12 U.S.C. § 3345(d) uses terms like “necessary or appropriate,” it specifically instructs agencies on a regulatory task: setting “additional qualification criteria” for real estate appraisers. This falls under the “Specific Authority” delegation because it instructs the agency on a specific area for potential regulation, rather than providing broad, unguided authority. 12 U.S.C. § 3345(e) provides specific instructions about trainee appraiser and supervisory appraiser qualifications, further substantiating a specific authority delegation.

12 U.S.C. § 3345(d) authorizes federal agencies or instrumentalities to establish additional qualification criteria for real estate appraisers as “necessary or appropriate,” but does not mandate that they do so. 12 CFR Part 208, Subpart E covers appraisal standards and incorporates some of the requirements of 12 U.S.C. § 3345, but is not directly mandated.