Ibf fund liquidating llc tax information
SOURCE: The provisions of this Part 360 appear at 55 Fed. 46496, November 5, 1990, except as otherwise noted. (a) Except as provided in section 13(c)(4)(G) of the FDI Act (12 U. (a) Notwithstanding any other provisions of federal or state law or any other provisions of these regulations, the receiver of a borrower from a Federal Home Loan bank shall recognize the priority of any security interest granted to a Federal Home Loan bank by any member of any Federal Home Loan bank or any affiliate of any such member, whether such security interest is in specifically designated assets or a blanket interest in all assets or categories of assets, over the claims and rights of any other party (including any receiver, conservator, trustee or similar party having rights of a lien creditor) other than claims and rights that (1) Would be entitled to priority under otherwise applicable law; and (2) Are held by actual bona fide purchasers for value or by actual secured parties that are secured by actual perfected security interests. 1823(c)(4)(G)), the FDIC shall not take any action, directly or indirectly, under sections 13(c), 13(d), 13(f), 13(h) or 13(k) of the FDI Act (12 U. (b) Subject to the requirement of section 13(c)(4)(A) of the FDI Act (12 U. § 360.2 Federal Home Loan banks as secured creditors. 360.6 Treatment of financial assets transferred in connection with a securitization or participation. 360.8 Method for determining deposit and other liability account balances at a failed insured depository institution. (b) If the receiver rather than the bank shall have possession of any collateral consisting of notes, securities, other instruments, chattel paper or cash securing advances of the bank, the receiver shall, upon request by the bank, promptly deliver possession of such collateral to the bank or its designee.Appendix A to Part 360 Non-Monetary Transaction File Structure Appendix B to Part 360 Debit/Credit File Structure Appendix C to Part 360 Deposit File Structure Appendix D to Part 360 Sweep/Automated Credit Account File Structure Appendix E to Part 360 Hold File Structure Appendix F to Part 360 Customer File Structure Appendix G to Part 360 Deposit-Customer Join File Structure Appendix H to Part 360 Possible File Combinations for Deposit Data AUTHORITY: 12 U. (3) The foregoing provisions of this paragraph (c) shall not apply in the event that a purchase and assumption transaction is entered into regarding any such member. 360.2 Federal Home Loan banks as secured creditors. 360.11 Records of failed insured depository institutions. 1821(d)(1), 1821(d)(10)(C), 1821(d)(11), 1821(e)(1), 1821(e)(8)(D)(i), 1823(c)(4), 1823(e)(2); Sec. (2) In the event that the receiver and the bank shall not, in good faith, be able to develop such a mutually agreeable plan, or, in the interim, the bank in good faith reasonably concludes that the value of such collateral is decreasing, because of interest rate or other market changes, at such a rate that to delay liquidation or other exercise of the bank's rights as a secured party for the development of a mutually agreeable plan could reasonably cause the value of such collateral to decrease to an amount that is insufficient to satisfy the bank's claim in full, the bank may, at any time thereafter if permitted to do so by the terms of the advances or other security agreement with such borrower or otherwise by applicable law, proceed to foreclose upon, sell, lease or otherwise dispose of such collateral (or any portion thereof), or otherwise exercise its rights as a secured party, provided that the bank acts in good faith and in a commercially reasonable manner and otherwise in accordance with applicable law. 360.9 Large-bank deposit insurance determination modernization. 360.10 Resolution plans required for depository institutions with billion or more in total assets. (c) In the event that a receiver is appointed for any member of a Federal Home Loan bank, the following procedures shall apply: (1) The receiver and the bank shall immediately seek and develop a mutually agreeable plan for the payment of any advances made by the bank to such borrower or for the servicing, foreclosure upon and liquidation of the collateral securing any such advances, taking into account the nature and amount of such collateral, the markets in which such collateral is normally traded or sold and other relevant factors.The securitization may not be an unfunded securitization or a synthetic transaction.
Issuing entities may include, but are not limited to, corporations, partnerships, trusts, and limited liability companies and are commonly referred to as special purpose vehicles or special purpose entities.To the extent a securitization is structured as a multi-step transfer, the term issuing entity would include both the issuer of the obligations and any intermediate entities that may be a transferee.Notwithstanding the foregoing, a Specified GSE or an entity established or guaranteed by a Specified GSE shall not constitute an issuing entity.The term may include beneficial interests in a grantor trust, common law trust or similar issuing entity to the extent that such interests satisfy the criteria set forth in the preceding sentence, but does not include LLC interests, partnership interests, common or preferred equity, or similar instruments evidencing ownership of the issuing entity.(7) Participation means the transfer or assignment of an undivided interest in all or part of a financial asset, that has all of the characteristics of a "participating interest," from a seller, known as the "lead," to a buyer, known as the "participant," without recourse to the lead, pursuant to an agreement between the lead and the participant.