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Regulation: 12 CFR Part 347
Authorizing Statute: 12 U.S. Code § 1820
Agency: Federal Deposit Insurance Corporation
Restrictions: 180
Delegation Category: General Authority sword icon

While 12 U.S.C. § 1820 outlines specific duties and responsibilities for the FDIC, including examinations and administration, section 1820(g) provides a broad grant of rulemaking authority to the Corporation. The language “prescribe regulations to carry out this chapter” and “by regulation define terms as necessary to carry out this chapter” confers broad authority without explicitly identifying specific regulatory tasks beyond implementing the chapter, thus fitting the “General Authority” delegation category. The statute does list specific regulatory tasks, such as the ability of the appropriate federal banking agency to increase maximum asset amount by regulation; however, those tasks are limited. The bulk of the statute provides the FDIC the authority to determine when examinations are necessary or to issue penalties. The grant of rulemaking authority “to carry out this chapter,” as well as the authority to further define terms, exceeds Specific Authority Delegations and qualifies as a General Authority delegation.

Relationship: directly mandated
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The regulation 12 CFR Part 347 is directly mandated by the statute, as the statute explicitly grants the FDIC authority to prescribe regulations to carry out the chapter (12 U.S.C. Chapter 16), and section 1820 is part of that chapter. The “Authority” section of the regulation directly cites 12 U.S.C. 1820 as the foundation for the regulation.

Regulation: 12 CFR Part 263
Authorizing Statute: 12 U.S. Code § 1820
Agency: Federal Reserve System
Restrictions: 482
Delegation Category: Specific Authority checkmark icon

While the statute grants broad authority to the FDIC, it also specifically directs the agency to perform certain tasks, such as appointing examiners and claims agents, examining specific types of institutions, and establishing a system for coordinated examinations. This level of specificity, even with terms like “necessary”, falls under Specific Authority Delegations.

Relationship: directly mandated
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The statute explicitly mandates that the Board of Directors administer the affairs of the Corporation, appoint examiners, conduct examinations, and prescribe regulations. The regulations are therefore a direct result of the statute’s requirements, even if it allows discretion in HOW those examinations are conducted.

Regulation: 12 CFR Part 303
Authorizing Statute: 12 U.S. Code § 1820
Agency: Federal Deposit Insurance Corporation
Restrictions: 479
Delegation Category: Specific Authority checkmark icon

While the statute covers a broad range of administrative aspects of the FDIC, it includes numerous provisions that clearly instruct the agency on specific regulatory tasks such as setting standards for determining the adequacy of state examinations (subsection (d)(9)), setting the framework for one-year restrictions on federal examiners ((k)(4)(A)) and even using terms like “necessary” and “appropriate” for defining terms or performing examinations. Because of these concrete instruction to the agency it is a specific authority delegation.

Relationship: directly mandated
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12 U.S.C. § 1820 directly mandates the Board of Directors of the FDIC to administer the affairs of the Corporation and outlines specific responsibilities like appointing examiners, conducting examinations, and prescribing regulations. The regulation, 12 CFR Part 303, outlines the specific procedures for filing various applications and notices with the FDIC, providing detail to the statutes outlined authorities for deposit insurance, branch establishments, merger transactions, and so forth. Therefore, the regulation is directly mandated.

Regulation: 12 CFR Part 308
Authorizing Statute: 12 U.S. Code § 1820
Agency: Federal Deposit Insurance Corporation
Restrictions: 758
Delegation Category: Specific Authority checkmark icon

The statute provides specific instructions to the FDIC regarding its regulatory duties, such as appointing examiners, conducting regular and special examinations, coordinating with other agencies, issuing guidelines, and submitting reports to Congress. While some provisions grant discretion (e.g., increasing asset amount limitations), they are tied to specific regulatory tasks and standards (“safety and soundness”). Even open-ended terms such as “necessary” or “appropriate” are used in the context of specific tasks like examinations.

Relationship: directly mandated
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The statute directly mandates regulatory actions by the FDIC, particularly in relation to examinations of depository institutions and their affiliates, as well as setting standards and issuing guidelines. It details specific tasks for the Board of Directors and appropriate federal banking agencies to perform.

Regulation: 12 CFR Part 328
Authorizing Statute: 12 U.S. Code § 1820
Agency: Federal Deposit Insurance Corporation
Restrictions: 26
Delegation Category: General Authority sword icon

Subsection (g) grants the FDIC broad authority to prescribe regulations to carry out “this chapter.” This is a broad mandate, not tied to a specific regulatory gap or task. Although the other parts of the statute are specific (i.e., examinations), Subsection (g) is a general grant of authority.

Relationship: authorized but not mandated
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The statute authorizes the FDIC to prescribe regulations, as stated in subsection (g): “Except to the extent that authority under this chapter is conferred on any of the Federal banking agencies other than the Corporation, the Corporation may””(1) prescribe regulations to carry out this chapter; and (2) by regulation define terms as necessary to carry out this chapter.” The regulation 12 CFR Part 328 implements aspects of FDIC’s authority regarding advertisement of membership and misuse of FDIC’s name/logo which is authorized under 12 USC 1828(a), referenced in the authority section of the regulation and referenced in 1820(c). Although the statute authorizes regulations, it doesn’t mandate them in a specific area covered by the regulation.

Regulation: 12 CFR Part 330
Authorizing Statute: 12 U.S. Code § 1820
Agency: Federal Deposit Insurance Corporation
Restrictions: 140
Delegation Category: General Authority sword icon

Subsection (g) states, “Except to the extent that authority under this chapter is conferred on any of the Federal banking agencies other than the Corporation, the Corporation may””(1) prescribe regulations to carry out this chapter; and (2) by regulation define terms as necessary to carry out this chapter.” This provides broad rulemaking authority to the FDIC (the Corporation) to carry out the chapter’s purposes and define terms, but does not specify particular regulatory tasks or gaps that must be filled.

Relationship: directly mandated
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This statute explicitly mentions the authority to create regulations regarding deposit insurance coverage, referencing 12 U.S.C. 1820(g). Therefore, the statute directly mandates regulatory action in this area.

Regulation: 12 CFR Part 390
Authorizing Statute: 12 U.S. Code § 1819
Agency: Federal Deposit Insurance Corporation
Restrictions: 152
Delegation Category: General Authority sword icon

While the statute grants specific powers (e.g., to sue, to make contracts), the power to prescribe rules and regulations is broad and not tied to a specific regulatory task. Paragraph (a)(10) empowers the FDIC to make rules necessary to carry out its responsibilities which is very broad. This falls under a general authority delegation.

Relationship: authorized but not mandated
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12 U.S.C. 1819(a)(10) grants the FDIC the power to “prescribe such rules and regulations as it may deem necessary to carry out the provisions of this chapter or of any other law which it has the responsibility of administering or enforcing.” This authorizes, but does not mandate, the creation of regulations like those found in 12 CFR Part 390. The regulation cites the statute as its authority.

Regulation: 5 CFR Part 3201
Authorizing Statute: 12 U.S. Code § 1819
Agency: Federal Deposit Insurance Corporation
Restrictions: 41
Delegation Category: General Authority sword icon

While 12 U.S.C. 1819(a) provides a list of corporate powers, including the ability to appoint officers and prescribe bylaws, paragraph Tenth gives the board of directors the power to prescribe rules and regulations to carry out the provisions of the chapter. This rulemaking authority is not tied to a specific gap or task, but rather generally to the chapter and other laws the FDIC administers. Therefore, it qualifies as General Authority under Hickman’s framework.

Relationship: directly mandated
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The regulation explicitly cites 12 U.S.C. 1819(a) as its authority. Subsection (a) of 1819 grants the FDIC corporate powers. The regulations in 5 CFR Part 3201 supplement existing ethical conduct standards for FDIC employees, fitting within the powers granted to the corporation to conduct its general business and to define duties for its employees.

Regulation: 12 CFR Part 163
Authorizing Statute: 12 U.S. Code § 1820
Agency: Comptroller of the Currency
Restrictions: 149
Delegation Category: General Authority sword icon

Subsection (g) of the statute gives the FDIC broad authority to “prescribe regulations to carry out this chapter” and “by regulation define terms as necessary to carry out this chapter.” This is a broad delegation of rulemaking authority without specific regulatory tasks identified, thus classifying as General Authority.

Relationship: authorized but not mandated
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The statute authorizes the FDIC to prescribe regulations and define terms, but it does not mandate that it do so in every case. The FDIC has discretion, as indicated by “may,” and the regulations must be to “carry out this chapter.” The relationship is therefore authorized but not mandated.

Regulation: 12 CFR Part 19
Authorizing Statute: 12 U.S. Code § 1820
Agency: Comptroller of the Currency
Restrictions: 375
Delegation Category: Specific Authority checkmark icon

While some aspects are broadly stated, like administering affairs “fairly and impartially,” the statute also includes very specific regulatory tasks such as the appointment of examiners and claims agents, rules for regular examinations, special examinations, and examinations of affiliates, and even defines parameters for coordination with state entities. The authority to prescribe regulations in subsection (g) is tied to carrying out this chapter. These all point to specific tasks, even if some use broad terms, rather than a general, unbounded grant of authority.

Relationship: directly mandated
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The statute directly mandates the administration of the Corporation and examination powers. Many subsections use “shall,” indicating a direct mandate.

Regulation: 12 CFR Part 208
Authorizing Statute: 12 U.S. Code § 1820
Agency: Federal Reserve System
Restrictions: 572
Delegation Category: Specific Authority checkmark icon

The statute is replete with specific instructions on agency actions, particularly regarding examinations. For example, it dictates the frequency of examinations, the entities to be examined, and factors to consider (asset size, capital, management). While there’s discretion, it’s tethered to specific tasks and factors, falling within the “Specific Authority” delegation. Furthermore, section (g) authorizes the corporation to define terms by regulation as necessary to carry out the chapter, which falls into clearly instructing agency.

Relationship: directly mandated
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12 U.S. Code § 1820(g), titled “Authority to prescribe regulations and definitions,” directly mandates the FDIC to prescribe regulations to carry out the chapter and define terms, establishing a direct statute-regulation relationship. Additionally, various subsections, especially (d)(10) authorize the appropriate federal banking agency to increase the maximum asset amount of institutions for certain purposes by regulation, explicitly tying regulatory action to specific statutory provisions.

Regulation: 12 CFR Part 366
Authorizing Statute: 12 U.S. Code § 1819
Agency: Federal Deposit Insurance Corporation
Restrictions: 23
Delegation Category: General Authority sword icon

While the statute lists several specific powers, subsection (a)(10) provides a broad mandate to prescribe rules and regulations “as it may deem necessary to carry out the provisions of this chapter or of any other law which it has the responsibility of administering or enforcing.” This is a general grant of rulemaking authority not tied to any specific regulatory task.

Relationship: directly mandated
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The regulation explicitly cites 12 U.S.C. 1819 (Tenth) as its authority, directly mandating the relationship.

Regulation: 12 CFR Part 369
Authorizing Statute: 12 U.S. Code § 1819
Agency: Federal Deposit Insurance Corporation
Restrictions: 1
Delegation Category: General Authority sword icon

While 12 U.S.C. 1819(Tenth) provides authority to issue rules and regulations necessary to carry out the chapter’s provisions, it does not specify any particular regulatory task. The broad grant of authority empowers the FDIC to determine what rules are “necessary,” indicating a general delegation of rulemaking power.

Relationship: directly mandated
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The regulation at 12 CFR Part 369 explicitly cites 12 U.S.C. 1819 (Tenth) as its authority. 12 U.S.C. 1819 (Tenth) grants the FDIC Board of Directors the power to “prescribe such rules and regulations as it may deem necessary to carry out the provisions of this chapter or of any other law which it has the responsibility of administering or enforcing.” This creates a direct mandate for regulations related to the chapter and other laws the FDIC administers.

Regulation: 12 CFR Part 370
Authorizing Statute: 12 U.S. Code § 1819
Agency: Federal Deposit Insurance Corporation
Restrictions: 85
Delegation Category: General Authority sword icon

While 12 CFR Part 370 is authorized by multiple sections, including 12 U.S.C. § 1819 (Tenth), it is still a general authority delegation. The recordkeeping regulation broadly interprets the FDIC’s power to administer and enforce laws related to deposit insurance, it doesn’t implement a specific, narrowly defined task outlined by Congress.

Relationship: authorized but not mandated
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12 U.S.C. § 1819 (Tenth) authorizes the FDIC to “prescribe… such rules and regulations as it may deem necessary to carry out the provisions of this chapter or of any other law which it has the responsibility of administering or enforcing…” This provides the authorization for the rule, but it does not explicitly mandate it.

Regulation: 12 CFR Part 371
Authorizing Statute: 12 U.S. Code § 1819
Agency: Federal Deposit Insurance Corporation
Restrictions: 111
Delegation Category: Specific Authority checkmark icon

Although 12 U.S.C. § 1819(a)(Tenth) gives the FDIC broad rulemaking authority, 12 CFR Part 371, which mandates recordkeeping requirements for qualified financial contracts, directly aligns with the power granted to the FDIC by Congress to effectively administer the laws that it enforces.

Relationship: directly mandated
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12 U.S.C. § 1819(a)(Tenth) is explicitly listed as the legal authority for 12 CFR Part 371. This directly mandates the relationship.

Regulation: 12 CFR Part 382
Authorizing Statute: 12 U.S. Code § 1819
Agency: Federal Deposit Insurance Corporation
Restrictions: 39
Delegation Category: General Authority sword icon

The statute grants broad authority to the FDIC to issue rules and regulations as it deems necessary to carry out the provisions of the chapter and other laws it administers. While it provides a general area for rulemaking, it doesn’t specify precise regulatory tasks or gaps to be filled regarding QFCs.

Relationship: authorized but not mandated
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The statute (12 U.S. Code § 1819) authorizes the FDIC to prescribe rules and regulations but does not mandate specific regulations regarding qualified financial contracts or any other topic. Paragraph Tenth gives the board the power to “prescribe… such rules and regulations as it may deem necessary to carry out the provisions of this chapter or of any other law which it has the responsibility of administering or enforcing.”

Regulation: 12 CFR Part 354
Authorizing Statute: 12 U.S. Code § 1819
Agency: Federal Deposit Insurance Corporation
Restrictions: 19
Delegation Category: General Authority sword icon

While 12 U.S.C. § 1819(a)(7) grants powers specifically, subsection (a)(10) is a blanket grant of rulemaking authority. The statute does not provide any specific direction concerning industrial banks, only that the agency can create rules to carry out their responsibilities generally, which is more characteristic of a general authority delegation.

Relationship: authorized but not mandated
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12 U.S.C. § 1819(a)(10) authorizes the FDIC to “prescribe…rules and regulations as it may deem necessary to carry out the provisions of this chapter.” Part 354 directly pertains to “Industrial Banks”, a specific type of depository institution, indicating authorization for the regulation. However, the statute does not mandate the regulation.

Regulation: 12 CFR Part 357
Authorizing Statute: 12 U.S. Code § 1819
Agency: Federal Deposit Insurance Corporation
Restrictions: 1
Delegation Category: General Authority sword icon

While 12 U.S.C. § 1819 grants the FDIC the power to prescribe rules and regulations to carry out the provisions of its chapter, it does not specifically mention or instruct the agency on how to determine economically depressed regions. Paragraph 10 provides broad rulemaking authority, so it’s a general authority delegation.

Relationship: authorized but not mandated
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12 U.S.C. § 1819 provides the FDIC with a broad range of corporate powers. While it doesn’t explicitly mandate the determination of economically depressed regions (addressed in 12 CFR Part 357), it authorizes the FDIC to prescribe rules and regulations necessary to carry out the provisions of the chapter or any other law it administers. This gives the agency discretion to issue regulations on topics related to its general responsibilities. Also, 12 U.S.C. 1823(k)(5) is cited as authority for the regulation, so the statute authorizes the regulation, but does not mandate it.

Regulation: 12 CFR Part 360
Authorizing Statute: 12 U.S. Code § 1819
Agency: Federal Deposit Insurance Corporation
Restrictions: 276
Delegation Category: General Authority sword icon

Paragraph Tenth provides broad rulemaking authority related to carrying out the provisions of the chapter or any other law the agency administers. While it mentions “necessary,” this relates to the agency’s broad discretion rather than specific regulatory tasks. It’s a grant of power to regulate within its field, not a specific instruction to address a narrow gap.

Relationship: authorized but not mandated
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The statute authorizes the agency to prescribe rules and regulations (paragraph Tenth) but does not mandate it. It states that the agency may prescribe rules it deems necessary. Other paragraphs grant powers but don’t explicitly require regulation.

Regulation: 12 CFR Part 362
Authorizing Statute: 12 U.S. Code § 1819
Agency: Federal Deposit Insurance Corporation
Restrictions: 117
Delegation Category: Specific Authority checkmark icon

While 12 U.S.C. § 1819(a)(Tenth) grants the FDIC the power to “prescribe… such rules and regulations as it may deem necessary to carry out the provisions of this chapter or of any other law which it has the responsibility of administering or enforcing,” this delegation is directed to a specific regulatory task related to carrying out provisions under Title 12.

Relationship: directly mandated
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12 U.S.C. 1819(a)(Tenth) is listed in the authority section of 12 CFR Part 362, indicating a direct mandate for the regulation.

Regulation: 12 CFR Part 364
Authorizing Statute: 12 U.S. Code § 1819
Agency: Federal Deposit Insurance Corporation
Restrictions: 58
Delegation Category: General Authority sword icon

The statute provides broad rulemaking authority to the FDIC without specifically identifying the regulatory tasks for safety and soundness standards. The statute allows the FDIC to make rules it deems necessary.

Relationship: authorized but not mandated
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12 U.S.C. § 1819 (Tenth) authorizes the FDIC to “prescribe… such rules and regulations as it may deem necessary to carry out the provisions of this chapter or of any other law which it has the responsibility of administering or enforcing.” The regulation at 12 CFR Part 364 implements standards for safety and soundness, which falls under the FDIC’s responsibilities. While the statute grants the FDIC the authority to create rules, it doesn’t mandate it. Therefore, the relationship is authorized but not mandated.

Regulation: 12 CFR Part 344
Authorizing Statute: 12 U.S. Code § 1819
Agency: Federal Deposit Insurance Corporation
Restrictions: 56
Delegation Category: General Authority sword icon

Paragraph Tenth provides broad rulemaking authority to the FDIC, allowing it to prescribe rules and regulations necessary to carry out the provisions of the chapter or any other law it is responsible for administering or enforcing. This is a broad grant of authority that does not specify any particular regulatory task or gap that must be filled.

Relationship: authorized but not mandated
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While 12 U.S.C. § 1819 grants corporate powers to the FDIC, paragraph Tenth authorizes the agency to prescribe rules and regulations to carry out the provisions of the chapter or any other law it administers, but does not mandate any specific regulation. Therefore, the statute authorizes but does not mandate the regulation.

Regulation: 12 CFR Part 347
Authorizing Statute: 12 U.S. Code § 1819
Agency: Federal Deposit Insurance Corporation
Restrictions: 180
Delegation Category: General Authority sword icon

While 12 U.S.C. § 1819 includes a list of specific powers, subsection Tenth grants the FDIC broad rulemaking authority to carry out the provisions of “this chapter or of any other law which it has the responsibility of administering or enforcing,” making it a broad delegation of authority.

Relationship: directly mandated
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12 U.S.C. § 1819 is explicitly cited as the legal authority for 12 CFR Part 347, establishing a direct mandate relationship.

Regulation: 12 CFR Part 349
Authorizing Statute: 12 U.S. Code § 1819
Agency: Federal Deposit Insurance Corporation
Restrictions: 314
Delegation Category: General Authority sword icon

While Paragraph Tenth does specify an area for potential rulemaking (“to carry out the provisions of this chapter or of any other law which it has the responsibility of administering or enforcing”), it doesn’t specifically identify a regulatory task or gap related to derivatives. It grants broad authority to issue rules and regulations deemed “necessary,” which aligns with the characteristics of a general authority delegation.

Relationship: authorized but not mandated
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Paragraph Tenth of 12 U.S. Code § 1819(a) authorizes the FDIC to prescribe rules and regulations necessary to carry out the provisions of the chapter (which includes provisions related to derivatives) or any other law it administers or enforces. While it authorizes the FDIC to issue regulations, it does not mandate that it do so. The regulation of derivatives, as exemplified by 12 CFR Part 349, falls under this authorized but not mandated relationship.

Regulation: 12 CFR Part 352
Authorizing Statute: 12 U.S. Code § 1819
Agency: Federal Deposit Insurance Corporation
Restrictions: 39
Delegation Category: General Authority sword icon

While 12 U.S.C. § 1819(a)(10) permits the FDIC to issue rules and regulations to administer and enforce the laws it is responsible for, it does not explicitly instruct the agency on a specific regulatory task regarding nondiscrimination on the basis of disability. The grant is broad, allowing the FDIC to create rules it deems necessary.

Relationship: authorized but not mandated
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12 U.S.C. § 1819(a)(10) authorizes the FDIC to “prescribe such rules and regulations as it may deem necessary to carry out the provisions of this chapter or of any other law which it has the responsibility of administering or enforcing”. The regulation, 12 CFR Part 352, concerns nondiscrimination on the basis of disability, aligning with the FDIC’s responsibilities. However, there is no direct mandate in the statute to create this specific regulation.

Found 56,371 results