12 C.F.R. Subpart F—Distressed Loan Restructuring Directive
Title 12 - Banks and Banking
(a) A distressed loan restructuring directive is an order issued to a qualified lender when FCA has determined that the lender has violated section 4.14A of the Act. (b) A distressed loan restructuring directive requires the qualified lender to comply with the specific distressed loan restructuring requirements in the Act. (c) A distressed loan restructuring directive is enforceable in the same manner and to the same extent as an effective and outstanding cease and desist order that has become final. Any violation of a distressed loan restructuring directive may result in FCA assessing civil money penalties or seeking a court order pursuant to section 5.31 or 5.32 of the Act. When FCA intends to issue a distressed loan restructuring directive, it will notify the qualified lender in writing. The notice will state: (a) The reasons FCA intends to issue a distressed loan restructuring directive; (b) The proposed contents of the distressed loan restructuring directive; and (c) Any other relevant information. (a) A qualified lender should respond to the notice by stating why FCA should not issue a distressed loan restructuring directive, by proposing changes to the directive, or by seeking other suitable relief. The response must include any information, documentation, or other relevant evidence that supports the qualified lender's position. The response may include a plan for achieving compliance with the distressed loan restructuring requirements of the Act. The response must be in writing and delivered to FCA within 30 days after the date on which the qualified lender received the notice. In its discretion, FCA may extend the time period for good cause. FCA may shorten the 30-day period with the consent of the qualified lender or when FCA determines that providing the full 30 days would result in a borrower not receiving distressed loan restructuring rights. (b) If the qualified lender fails to respond within 30 days or such other time period specified by FCA, this failure will constitute a waiver of any objections to the proposed distressed loan restructuring directive. After the closing date of the qualified lender's response period, or following receipt of the qualified lender's response, FCA must decide if there is sufficient information to support the issuance of a directive or if additional information is necessary. Once FCA has received sufficient information, it must decide whether to issue a directive as originally proposed or as modified. A distressed loan restructuring directive is effective immediately on receipt by the qualified lender, or on such later date as may be specified by FCA, and will remain effective and enforceable until it is stayed, modified, or terminated by FCA. FCA may issue a distressed loan restructuring directive in addition to, or instead of, any other action allowed by law, including cease and desist proceedings, civil money penalties, or the granting or conditioning of any application or other requests by the System institution.
Title 12: Banks and Banking
PART 617—BORROWER RIGHTS
Subpart F—Distressed Loan Restructuring Directive
§ 617.7500 What is a directive used for and what may it require?
§ 617.7505 How will the qualified lender know when FCA is considering issuing a distressed loan restructuring directive?
§ 617.7510 What should the qualified lender do when it receives notice of a distressed loan restructuring directive?
§ 617.7515 How does the FCA decide whether to issue a directive?
§ 617.7520 How does the FCA issue a directive and when will it be effective?
§ 617.7525 May FCA use other enforcement actions?
