---
kind: "section"
citation: "12 U.S.C. § 205"
title: "12"
title_heading: "Banks and Banking"
number: "205"
heading: "Termination of conservatorship"
release: "119-102"
url: "https://uscodex.org/usc/12/205"
units:
  - "Chapter 2 — National Banks"
  - "Subchapter XIV — Bank Conservation Act"
---

# §205. Termination of conservatorship

- (a) **General rule—** At any time the Comptroller[^1] becomes satisfied that it may safely be done and that it would be in the public interest, the Comptroller (with the agreement of the [Board](/usc/12/221a.md?p=a) of [Directors](/usc/12/2279bb.md?p=3) of the Federal [Deposit](/usc/12/5301.md?p=18-A) Insurance [Corporation](/usc/12/2277a.md?p=2) when the [Corporation](/usc/12/2277a.md?p=2) has been appointed conservator) may—
  - (1) terminate the conservatorship and permit the involved [bank](/usc/12/202.md) to resume the transaction of its business subject to such terms, conditions, and limitations as the Comptroller may prescribe; or
  - (2) terminate the conservatorship upon a sale, merger, consolidation, purchase and assumption, change in [control](/usc/12/24a.md?p=g-1), or [voluntary dissolution and liquidation](/usc/12/202.md) of the involved [bank](/usc/12/202.md).
- (b) **Other grounds for termination—** The Comptroller also may terminate the conservatorship upon the appointment of a receiver pursuant to [section 191 of this title](/usc/12/191.md).
- (c) **Enforcement under Federal Deposit Insurance Act—** Such terms, conditions, and limitations as may be prescribed under [subsection (a)(1)](#a-1) shall be enforceable under the provisions of section 8(i) of the Federal [Deposit](/usc/12/5301.md?p=18-A) Insurance Act [[12 U.S.C. 1818(i)](/usc/12/1818.md?p=i)], to the same extent as an order issued pursuant to section 8(b) of the Federal [Deposit](/usc/12/5301.md?p=18-A) Insurance Act [[12 U.S.C. 1818(b)](/usc/12/1818.md?p=b)] which has become final. The [bank](/usc/12/202.md) may bring an action in the United States [district](/usc/12/221a.md?p=a) court for the judicial [district](/usc/12/221a.md?p=a) in which the home [office](/usc/12/2279bb.md?p=4) of such [bank](/usc/12/202.md) is located or in the United States [District](/usc/12/221a.md?p=a) Court for the District of Columbia for an order requiring the Comptroller to terminate the order. An action for judicial review of the terms, conditions, and limitations may not be commenced later than 20 days from the date of the termination of the conservatorship or the imposition of the order, whichever is later.
- (d) **Action upon termination—**
  - (1) **In general—** Upon termination of the conservatorship under [subsection (a)(2)](#a-2), the Federal [Deposit](/usc/12/5301.md?p=18-A) Insurance [Corporation](/usc/12/2277a.md?p=2), as conservator, or when another [person](/usc/12/5481.md?p=19) is appointed conservator, such other [person](/usc/12/5481.md?p=19), shall conclude the affairs of the conservatorship in accordance with [paragraph (2)](#d-2).
  - (2) **Deposit and distribution of proceeds—**
    - (A) Within 180 days of the sale, merger, consolidation, purchase and assumption, change in [control](/usc/12/24a.md?p=g-1), or [voluntary dissolution and liquidation](/usc/12/202.md), the conservator shall [deposit](/usc/12/5301.md?p=18-A) all net proceeds received from the transaction, less any outstanding expenses of the conservatorship, with the United States [district](/usc/12/221a.md?p=a) court for the judicial [district](/usc/12/221a.md?p=a) in which the home [office](/usc/12/2279bb.md?p=4) of such [bank](/usc/12/202.md) is located and shall cause notice to be published for three consecutive months and notify by mail all known and remaining creditors and shareholders. Within 60 days thereafter, any depositor, creditor, or other claimant of the [bank](/usc/12/202.md), or any shareholder of the [bank](/usc/12/202.md) may bring an action in interpleader in that court for distribution of the proceeds. The [district](/usc/12/221a.md?p=a) court shall distribute such [funds](/usc/12/4702.md?p=10) equitably. If no such action is instituted within one year after the date the [funds](/usc/12/4702.md?p=10) are deposited with the [district](/usc/12/221a.md?p=a) court, title to such net proceeds shall revert to the United States and the [district](/usc/12/221a.md?p=a) court shall remit the [funds](/usc/12/4702.md?p=10) to the Treasury of the United States.
    - (B) The conservator shall be deemed to have discharged all responsibility of the conservatorship upon the [deposit](/usc/12/5301.md?p=18-A) of the proceeds with the [district](/usc/12/221a.md?p=a) court and giving the required notifications.

## Footnotes

[^1]: So in original. Probably should be “Comptroller of the Currency”.

## Source credit

(Mar. 9, 1933, ch. 1, title II, § 205, 48 Stat. 3; Pub. L. 101–73, title VIII, § 804, Aug. 9, 1989, 103 Stat. 443.)

## Notes

### Editorial Notes

### References in Text

The Federal Deposit Insurance Act, referred to in subsec. (c), is act Sept. 21, 1950, ch. 967, § 2, 64 Stat. 873, which is classified generally to chapter 16 (§ 1811 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1811 of this title and Tables.

### Amendments

1989—Pub. L. 101–73 amended section generally. Prior to amendment, section read as follows: “If the Comptroller of the Currency becomes satisfied that it may safely be done and that it would be in the public interest, he may, in his discretion, terminate the conservatorship and permit such bank to resume the transaction of its business subject to such terms, conditions, restrictions and limitations as he may prescribe.”

### Executive Documents

### Exception as to Transfer of Functions

Functions vested by any provision of law in Comptroller of the Currency, referred to in this section, not included in transfer of functions to Secretary of the Treasury, see note set out under section 1 of this title.