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Regulation: 12 CFR Part 329
Authorizing Statute: 12 U.S. Code § 1818
Agency: Federal Deposit Insurance Corporation
Restrictions: 178
Delegation Category: General Authority sword icon

The statute grants broad authority to the FDIC to regulate depository institutions to ensure safety and soundness and protect depositors. While 12 U.S.C. § 1818 specifically allows for termination of insurance under certain conditions, the specific regulation at hand, Part 329, establishes liquidity risk measurement standards. The statute does not specifically instruct the FDIC to create and implement liquidity risk measurements. Instead, it grants broad authority to regulate the operations of depository institutions.

Relationship: authorized but not mandated
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12 U.S.C. § 1818 provides authorization for the FDIC to involuntarily terminate the insurance of a depository institution under certain conditions, and the associated regulation, 12 CFR Part 329, implements liquidity risk measurement standards, which could be a factor in the decision to terminate insurance, but is not directly mandated. The statute authorizes actions that might necessitate the regulation, but the regulation is not directly mandated by the statute.

Regulation: 12 CFR Part 303
Authorizing Statute: 12 U.S. Code § 1818
Agency: Federal Deposit Insurance Corporation
Restrictions: 479
Delegation Category: Specific Authority checkmark icon

The statute provides explicit instructions and criteria for when and how the FDIC should terminate deposit insurance, including procedures for notice, hearings, and judicial review. While some terms are open-ended, like “unsafe or unsound practices,” the delegation still focuses on a specific regulatory task.

Relationship: directly mandated
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The statute directly mandates the FDIC to take actions regarding the termination of deposit insurance under certain conditions.

Regulation: 12 CFR Part 307
Authorizing Statute: 12 U.S. Code § 1818
Agency: Federal Deposit Insurance Corporation
Restrictions: 29
Delegation Category: Specific Authority checkmark icon

The statute clearly defines specific regulatory tasks, such as voluntary and involuntary termination procedures, temporary suspension of insurance, and actions against institution-affiliated parties. While some terms like “unsafe or unsound practices” might appear open-ended, the statute provides a framework within which the agency must act and make specific determinations.

Relationship: directly mandated
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12 U.S. Code § 1818 directly mandates the FDIC to create regulations on the termination of insured depository institutions.

Regulation: 12 CFR Part 308
Authorizing Statute: 12 U.S. Code § 1818
Agency: Federal Deposit Insurance Corporation
Restrictions: 758
Delegation Category: Specific Authority checkmark icon

The statute provides a specific regulatory task to the FDIC, namely terminating the insured status of depository institutions under certain identified circumstances (unsafe/unsound practices, unsafe/unsound condition, or violation of law/regulation/order/agreement). Even though the statute uses terms like “unsafe or unsound practices,” these terms still direct the agency towards a specific regulatory goal and provide criteria for action, fitting within the Specific Authority category.

Relationship: authorized but not mandated
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The statute authorizes the Board of Directors of the FDIC to terminate insurance under specific circumstances, but does not mandate that they do so. The statute uses permissive language like “may terminate such depository institution’s status” and “may issue an order”, giving the Board discretion in whether or not to act.

Regulation: 12 CFR Part 313
Authorizing Statute: 12 U.S. Code § 1818
Agency: Federal Deposit Insurance Corporation
Restrictions: 238
Delegation Category: Specific Authority checkmark icon

12 U.S.C. 1818 provides detailed instructions to the Board of Directors and other Federal Banking Agencies regarding the termination of insurance, cease-and-desist proceedings, and other enforcement actions. The level of detail including specific violations, procedures for hearings, and judicial review, suggests a specific authority delegation.

Relationship: directly mandated
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12 U.S.C. 1818(i) is listed explicitly in the authority section of 12 CFR Part 313.

Regulation: 12 CFR Part 323
Authorizing Statute: 12 U.S. Code § 1818
Agency: Federal Deposit Insurance Corporation
Restrictions: 55
Delegation Category: General Authority sword icon

The statute grants the FDIC and other federal banking agencies broad power to issue regulations and orders concerning unsafe or unsound practices and violations of law, rules, or regulations. It doesn’t prescribe specific regulatory tasks beyond those directly listed in the statute but gives the agencies discretion to determine what constitutes unsafe or unsound practices and to craft regulations accordingly. This broad rulemaking authority is characteristic of a General Authority delegation.

Relationship: authorized but not mandated
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12 U.S. Code § 1818 provides the authority for the FDIC to issue various regulations and orders related to insured depository institutions. The statute authorizes but does not directly mandate every specific regulation that the agency might promulgate under its authority. The classification is “authorized but not mandated” because the statute broadly enables the agency to create rules regarding insured depository institutions but doesn’t dictate each regulation’s specifics.

Regulation: 12 CFR Part 263
Authorizing Statute: 12 U.S. Code § 1818
Agency: Federal Reserve System
Restrictions: 482
Delegation Category: Specific Authority checkmark icon

The statute clearly instructs the agency (FDIC) on specific actions regarding termination of insured status when certain conditions are met (e.g., unsafe practices, violations of laws). While terms like “unsafe or unsound practices” provide some flexibility, the delegation clearly identifies the regulatory task. The low-to-moderate income lender clause also further specifies a determination to be made.

Relationship: authorized but not mandated
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The statute authorizes the FDIC to terminate insurance under certain conditions (unsafe/unsound practices, violations), but it does not mandate that they do so in every case. It grants the agency discretion in how to proceed.

Regulation: 12 CFR Part 28
Authorizing Statute: 12 U.S. Code § 1818
Agency: Comptroller of the Currency
Restrictions: 118
Delegation Category: Specific Authority checkmark icon

While broad in scope, 12 U.S.C. § 1818 details specific regulatory tasks including involuntary termination of deposit insurance for unsafe practices or violations, temporary cease-and-desist orders, and compliance with monetary transaction requirements. The statute directs the agency’s action in a clearly defined regulatory area – bank oversight. Even the use of terms like “necessary” and “appropriate” still fall under the Specific Authority Delegation as per Hickman’s framework.

Relationship: authorized but not mandated
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12 U.S.C. § 1818 authorizes the relevant federal banking agencies to issue regulations related to the termination of deposit insurance and cease and desist orders, but it does not mandate specific regulations, leaving discretion to the agencies. This makes the statute-regulation relationship authorized but not mandated.

Regulation: 12 CFR Part 3
Authorizing Statute: 12 U.S. Code § 1818
Agency: Comptroller of the Currency
Restrictions: 1,387
Delegation Category: Specific Authority checkmark icon

The statute clearly instructs agencies to undertake specific regulatory tasks. It provides explicit directives regarding the process for terminating deposit insurance, issuing cease-and-desist orders, removing institution-affiliated parties, and enforcing compliance with laws and regulations, even using terms like “appropriate”.

Relationship: directly mandated
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The statute explicitly grants authority to the FDIC Board of Directors (or the “appropriate Federal banking agency”) to issue regulations, orders, and notices regarding termination of insurance, cease-and-desist proceedings, and other enforcement actions related to insured depository institutions. This isn’t simply related, but directly authorizes the agency to take specific actions. Regulations under 12 CFR Part 3 implement and enforce the statute’s provisions, thus are directly mandated.

Regulation: 12 CFR Part 30
Authorizing Statute: 12 U.S. Code § 1818
Agency: Comptroller of the Currency
Restrictions: 90
Delegation Category: Specific Authority checkmark icon

This statute provides very detailed instructions and procedures regarding the termination of insured status for depository institutions, specifying conditions, timelines, and actions to be taken by the relevant agencies, such as issuing notices, conducting hearings, and issuing orders. While terms like “unsafe or unsound practices” allow for some agency interpretation, the statute clearly directs the agency on specific regulatory tasks.

Relationship: directly mandated
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12 U.S.C. § 1818 directly mandates actions related to the termination of deposit insurance and cease-and-desist proceedings for insured depository institutions. The statute provides specific instructions to the Board of Directors and appropriate Federal banking agencies regarding how to handle unsafe or unsound practices, violations of laws or regulations, and conditions for terminating insurance.

Regulation: 12 CFR Part 302
Authorizing Statute: 12 U.S. Code § 1818
Agency: Federal Deposit Insurance Corporation
Restrictions: 1
Delegation Category: Specific Authority checkmark icon

While the statute is quite broad in its scope, it gives very specific instructions to the FDIC and other regulatory agencies. Rather than granting sweeping authority, it details specific scenarios where certain actions (e.g., termination of insurance) are to be taken and even when considering to terminate. For example, it instructs the Board to consider certain factors when terminating money laundering status. This high level of direction suggests a Specific Authority Delegation.

Relationship: directly mandated
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The statute directly mandates the FDIC to take specific actions regarding termination of insurance, setting out procedures, conditions, and authorities. Thus, regulations promulgated under this statute are directly mandated. Furthermore, many sections within the statute dictate how the FDIC Board of Directors, or other federal banking agencies, are to create regulations to achieve specific goals, further tightening the classification to directly mandated.

Regulation: 12 CFR Part 244
Authorizing Statute: 12 U.S. Code § 1818
Agency: Federal Reserve System
Restrictions: 276
Delegation Category: Specific Authority checkmark icon

While the statute provides broad authority to the FDIC, it also clearly instructs the agency on specific regulatory tasks and identifies gaps that need to be addressed, including engaging or are engaging in unsafe or unsound practices; is in an unsafe or unsound condition to continue operations as an insured institution; or have violated any applicable law, regulation, order, condition imposed in writing by the Corporation or written agreement. Terms like “unsafe or unsound practices” and “unsafe or unsound condition” are open-ended but accepted within the “specific authority” category according to Hickman.

Relationship: authorized but not mandated
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12 U.S. Code § 1818 authorizes the FDIC to take certain actions, including issuing cease and desist orders, terminating deposit insurance, and removing institution-affiliated parties. It does not directly mandate specific regulations but authorizes the FDIC to implement rules to achieve its statutory objectives of maintaining a safe and sound banking system and protecting depositors.

Regulation: 12 CFR Part 248
Authorizing Statute: 12 U.S. Code § 1818
Agency: Federal Reserve System
Restrictions: 222
Delegation Category: Specific Authority checkmark icon

While 12 U.S. Code § 1818 is broad, it clearly instructs the agencies on the specific regulatory task of terminating insurance of depository institutions under certain circumstances. The statute outlines specific criteria (unsafe practices, unsound condition, violation of laws) and processes that the agency must follow, including specific timeframes. The use of terms like “appropriate Federal banking agency” and “necessary” imply some agency discretion, but are anchored to a specific regulatory task

Relationship: authorized but not mandated
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The statute authorizes the Board of Directors to terminate insurance, but does not directly mandate specific regulations to be created. The statute lays out the process for termination, including notices, hearings, and judicial review, but the specific details are left to the Board’s discretion.

Regulation: 12 CFR Part 249
Authorizing Statute: 12 U.S. Code § 1818
Agency: Federal Reserve System
Restrictions: 281
Delegation Category: Specific Authority checkmark icon

This statute provides very specific instructions to agencies to terminate deposit insurance under specified conditions or to issue cease and desist orders when certain practices occur, including violations of laws, unsafe practices, or inadequate recordkeeping. The section provides clear instructions on how the agency is to act when it identifies certain specific problems at an insured depository institution.

Relationship: directly mandated
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12 U.S.C. § 1818(s) directly mandates the appropriate Federal banking agencies to prescribe regulations requiring insured depository institutions to establish and maintain procedures to assure compliance with recordkeeping and reporting requirements. Other sections of this statute allows termination of insured status which are related but not directly mandated.

Regulation: 12 CFR Part 251
Authorizing Statute: 12 U.S. Code § 1818
Agency: Federal Reserve System
Restrictions: 19
Delegation Category: General Authority sword icon

While the statute provides specific actions, like termination of insurance, it does not specifically instruct the FDIC on how to formulate or implement all the regulations needed to oversee insured depository institutions. The language grants the FDIC broad discretion in determining what constitutes unsafe or unsound practices and in choosing the appropriate enforcement actions.

Relationship: authorized but not mandated
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The statute authorizes the FDIC to take action, including terminating insurance, against insured depository institutions that engage in unsafe or unsound practices, violate laws, regulations, or agreements. However, it does not mandate specific regulations. The regulation provided (12 CFR Part 251) is not directly mandated by this section of the statute, but it falls within the broader authority of the FDIC and other banking agencies to ensure the safety and soundness of insured institutions, pursuant to this statute.

Regulation: 12 CFR Part 252
Authorizing Statute: 12 U.S. Code § 1818
Agency: Federal Reserve System
Restrictions: 844
Delegation Category: Specific Authority checkmark icon

While the language grants discretion, the statute specifies how the agency must act – i.e. by following requirements specified in section 554 of Title 5 and the written findings of the Board of Directors must be conclusive. The statute specifies steps, charges and notification requirements that the agency must follow, if the agency deems a bank to be noncompliant, as per the trigger events detailed in the law. While ‘unsafe and unsound’ is open ended, and the regulations provide specifics of what those are, the delegation still falls under the “Specific Authority” categorization.

Relationship: authorized but not mandated
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This statute authorizes the FDIC to terminate the insurance status of depository institutions under certain conditions, but does not mandate specific regulations. It sets forth the process by which the FDIC may choose to act if it finds unsafe or unsound practices, unsafe conditions, or violations of law.

Regulation: 12 CFR Part 217
Authorizing Statute: 12 U.S. Code § 1818
Agency: Federal Reserve System
Restrictions: 1,398
Delegation Category: Specific Authority checkmark icon

This statute provides numerous specific instructions. For instance, subsection (s) explicitly tasks agencies to prescribe regulations ensuring compliance with monetary transaction recordkeeping. While terms like “reasonably designed” introduce some discretion, the statute identifies specific regulatory tasks and outcomes it seeks.

Relationship: directly mandated
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The statute uses language like “the appropriate Federal banking agency shall prescribe regulations requiring insured depository institutions to establish and maintain procedures…” This is a clear directive to create regulations.

Regulation: 12 CFR Part 225
Authorizing Statute: 12 U.S. Code § 1818
Agency: Federal Reserve System
Restrictions: 949
Delegation Category: Specific Authority checkmark icon

The statute instructs the FDIC on a specific regulatory task: the termination of deposit insurance. It details the process, criteria, and procedures the FDIC must follow when terminating insurance, granting specific powers such as issuing notices, conducting hearings, and issuing orders. While terms like “unsafe or unsound practices” offer some discretion, they fall within the scope of Hickman’s “Specific Authority Delegations” since they are used to identify regulatory tasks.

Relationship: directly mandated
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The statute directly mandates the FDIC to terminate the insurance of depository institutions under specific circumstances, outlining the process and conditions for both voluntary and involuntary termination.

Regulation: 12 CFR Part 237
Authorizing Statute: 12 U.S. Code § 1818
Agency: Federal Reserve System
Restrictions: 170
Delegation Category: Specific Authority checkmark icon

While 12 U.S.C. § 1818 grants the FDIC broad powers concerning the termination of deposit insurance, it also specifies regulatory tasks and provides guidance on how these powers should be used. It clearly instructs the agency on specific regulatory tasks such as how to provide notice of termination, deal with temporary insurance of deposits, handle terminations related to money laundering, and defines the scope of actions permissible when pursuing cease-and-desist orders. The inclusion of specific criteria and procedures places it within the Specific Authority Delegation category, even when open ended-terms like “necessary” or “appropriate” are used in defining actions or describing capital.

Relationship: authorized but not mandated
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12 U.S.C. § 1818 outlines the conditions under which the FDIC, through its Board of Directors, can terminate the insured status of a depository institution. While the statute directly addresses termination procedures, it authorizes, rather than mandates, the issuance of regulations to implement those procedures and protect depositors (e.g., regarding notice of termination).

Regulation: 12 CFR Part 24
Authorizing Statute: 12 U.S. Code § 1818
Agency: Comptroller of the Currency
Restrictions: 17
Delegation Category: Specific Authority checkmark icon

The statute gives direction to various federal banking agencies and the Board of Directors on a specific enforcement framework. For example, it details how to determine unsafe or unsound practices, how to notify involved parties, and even how to provide temporary deposit insurance in termination scenarios. Though terms such as ‘necessary’ and ‘appropriate’ are included, the delegation involves clear tasks.

Relationship: authorized but not mandated
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12 U.S.C. § 1818 authorizes the Board of Directors and appropriate Federal banking agencies to take certain actions, including issuing regulations to carry out the provisions within the statute. However, the creation and enforcement of the regulations detailed in 12 CFR Part 24, while authorized, are not directly mandated by the statute. The statute outlines the potential for the enforcement action.

Regulation: 12 CFR Part 240
Authorizing Statute: 12 U.S. Code § 1818
Agency: Federal Reserve System
Restrictions: 170
Delegation Category: Specific Authority checkmark icon

This statute provides specific instructions and standards regarding the circumstances under which the FDIC may terminate or suspend deposit insurance, as well as the procedures it must follow. The statute clearly directs the agency on what to regulate and how to regulate. While some terms are open-ended (e.g., “unsafe or unsound practices”), this falls within the exception noted by Hickman for terms like “appropriate,” “reasonable,” or “necessary” when a statute “clearly instructs an agency on a specific regulatory task or gap.”

Relationship: directly mandated
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The statute directly mandates the FDIC to take specific actions regarding the termination of insurance for depository institutions under certain conditions (unsafe/unsound practices, violations, etc.). It doesn’t just authorize; it instructs the agency to act.

Regulation: 12 CFR Part 19
Authorizing Statute: 12 U.S. Code § 1818
Agency: Comptroller of the Currency
Restrictions: 375
Delegation Category: Specific Authority checkmark icon

While broad, the statute provides specific instructions and conditions under which the agency can act to terminate or temporarily suspend deposit insurance, issue cease and desist orders, and remove institution-affiliated parties, particularly focused on instances of unsafe or unsound practices, violations of laws or regulations, or money laundering offenses. These are not simply grants of general rulemaking power but are connected to specific regulatory tasks and gaps relating to the safety and soundness of insured depository institutions. The presence of terms like “appropriate” and agency determinations imply judgment, but within a defined scope.

Relationship: authorized but not mandated
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The statute authorizes the FDIC to terminate insurance under specific conditions, but does not mandate it in every instance of unsafe practices or violations. The Board retains discretion in whether to proceed with termination.

Regulation: 12 CFR Part 2
Authorizing Statute: 12 U.S. Code § 1818
Agency: Comptroller of the Currency
Restrictions: 4
Delegation Category: General Authority sword icon

While Section 1818 provides specific mechanisms for enforcement (cease-and-desist orders, removal of officers, etc.), 1818(n) states that “such agency is empowered to make rules and regulations with respect to any such proceedings”. This grants the agency broad rulemaking authority connected to the enforcement proceedings described within Section 1818. While this related to proceedings under this specific section, it does not target a specific regulatory gap, indicating that it is a General Authority Delegation.

Relationship: authorized but not mandated
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12 U.S.C. § 1818 provides authority to the FDIC to act in the event of unsafe or unsound practices. However, it does not mandate specific regulations, but authorizes actions and proceedings.

Regulation: 12 CFR Part 208
Authorizing Statute: 12 U.S. Code § 1818
Agency: Federal Reserve System
Restrictions: 572
Delegation Category: Specific Authority checkmark icon

The statute provides very specific instructions and details the processes and procedures for involuntary terminations, cease and desist orders, removal of officers, and other enforcement actions. It identifies specific regulatory tasks and delegates authority to the FDIC and other agencies to execute them.

Relationship: directly mandated
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The statute directly mandates the FDIC to create regulations concerning the termination of insured status, cease-and-desist proceedings, and enforcement actions for depository institutions.

Regulation: 12 CFR Part 21
Authorizing Statute: 12 U.S. Code § 1818
Agency: Comptroller of the Currency
Restrictions: 48
Delegation Category: Specific Authority checkmark icon

12 U.S.C. § 1818 gives detailed instructions on termination of status as an insured depository institution.

Relationship: directly mandated
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12 U.S.C. § 1818 is listed under the authority for 12 CFR Part 21

Found 56,371 results