§ 13203

Capital notes or debentures as capital reserve Subject to prior approval of the Commissioner, a financial institution may issue capital notes or debentures, the proceeds from the sale of which may be used in lieu of capital deposits to establish part of the capital reserve required in section 13201 of this title, provided that: (1) such capital notes or debentures are issued pursuant to the organization’s borrowing powers; (2) such notes or debentures are subject to conditions governing the repayment of principal and interest that are comparable to the requirements governing return of initial capital deposits as set forth in section 13202 of this title; and (3) repayment of the principal amount of such capital notes or debentures issued pursuant to this section shall have priority over the return of any capital deposits in the capital reserve. (Added 1999, No. 153 (Adj. Sess.), § 2, eff. Jan. 1, 2001.)