Laws: Cases and Codes : U.S. Code : Title 12 : Section 1831n


   
U.S. Code as of: 01/19/04
Section 1831n. Accounting objectives, standards, and requirements

    (a) In general
      (1) Objectives
        Accounting principles applicable to reports or statements
      required to be filed with Federal banking agencies by insured
      depository institutions should - 
          (A) result in financial statements and reports of condition
        that accurately reflect the capital of such institutions;
          (B) facilitate effective supervision of the institutions; and
          (C) facilitate prompt corrective action to resolve the
        institutions at the least cost to the insurance funds.
      (2) Standards
        (A) Uniform accounting principles consistent with GAAP
          Subject to the requirements of this chapter and any other
        provision of Federal law, the accounting principles applicable
        to reports or statements required to be filed with Federal
        banking agencies by all insured depository institutions shall
        be uniform and consistent with generally accepted accounting
        principles.
        (B) Stringency
          If the appropriate Federal banking agency or the Corporation
        determines that the application of any generally accepted
        accounting principle to any insured depository institution is
        inconsistent with the objectives described in paragraph (1),
        the agency or the Corporation may, with respect to reports or
        statements required to be filed with such agency or
        Corporation, prescribe an accounting principle which is
        applicable to such institutions which is no less stringent than
        generally accepted accounting principles.
      (3) Review and implementation of accounting principles required
        Before the end of the 1-year period beginning on December 19,
      1991, each appropriate Federal banking agency shall take the
      following actions:
        (A) Review of accounting principles
          Review - 
            (i) all accounting principles used by depository
          institutions with respect to reports or statements required
          to be filed with a Federal banking agency;
            (ii) all requirements established by the agency with
          respect to such accounting procedures; and
            (iii) the procedures and format for reports to the agency,
          including reports of condition.
        (B) Modification of noncomplying measures
          Modify or eliminate any accounting principle or reporting
        requirement of such Federal agency which the agency determines
        fails to comply with the objectives and standards established
        under paragraphs (1) and (2).
        (C) Inclusion of "off balance sheet" items
          Develop and prescribe regulations which require that all
        assets and liabilities, including contingent assets and
        liabilities, of insured depository institutions be reported in,
        or otherwise taken into account in the preparation of any
        balance sheet, financial statement, report of condition, or
        other report of such institution, required to be filed with a
        Federal banking agency.
    (b) Uniform accounting of capital standards
      (1) In general
        Each appropriate Federal banking agency shall maintain uniform
      accounting standards to be used for determining compliance with
      statutory or regulatory requirements of depository institutions.
      (2) Transition provision
        Any standards in effect on December 19, 1991, under section
      1833d (!1) of this title shall continue in effect after December
      19, 1991, until amended by the appropriate Federal banking agency
      under paragraph (1).

    (c) Reports to banking committees
      (1) Annual reports required
        The Federal banking agencies shall jointly submit an annual
      report to the Committee on Banking, Finance and Urban Affairs of
      the House of Representatives and the Committee on Banking,
      Housing, and Urban Affairs of the Senate containing a description
      of any difference between any accounting or capital standard used
      by any such agency and any accounting or capital standard used by
      any other agency.
      (2) Explanation of reasons for discrepancy
        Each report submitted under paragraph (1) shall contain an
      explanation of the reasons for any discrepancy between any
      accounting or capital standard used by any such agency and any
      accounting or capital standard used by any other agency.
      (3) Publication
        Each report under this subsection shall be published in the
      Federal Register.



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