H.R. 3892 (104th): D’Oench Duhme Reform Act

Jul 24, 1996 (104th Congress, 1995–1996)
Died (Referred to Committee)
Peter Torkildsen
Representative for Massachusetts's 6th congressional district
Read Text »
Last Updated
Jul 24, 1996
7 pages
Related Bills
S. 648 (identical)

Referred to Committee
Last Action: Mar 30, 1995


This bill was introduced on July 24, 1996, in a previous session of Congress, but was not enacted.

Introduced Jul 24, 1996
Referred to Committee Jul 24, 1996
Full Title

To clarify treatment of certain claims and defenses against an insured depository institution under receivership by the Federal Deposit Insurance Corporation, and for other purposes.


No summaries available.


House Financial Services

Financial Institutions and Consumer Credit

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Primary Source

THOMAS.gov (The Library of Congress)

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H.R. stands for House of Representatives bill.

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GovTrack’s Bill Summary

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Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.

D'Oench Duhme Reform Act - Amends the Federal Deposit Insurance Corporation Act to revise its D'Oench Duhme provisions which render unenforceable against the Federal Deposit Insurance Corporation (FDIC) in its capacity as receiver of an insured depository institution any secret side agreements not recorded in the institution's records.
Declares that an agreement against the interests of the FDIC in its capacity as receiver is not enforceable against it unless the agreement is in writing and was executed by the insured depository institution in the ordinary course of business.
Declares that no court may prohibit the adjudication of specified types of claims and defenses against the FDIC in its capacity as receiver of an insured depository institution, including certain intentional tort claims and other claims that do not relate to specific assets acquired by the FDIC. Declares that, except as otherwise provided by Federal or State law, the FDIC may not defeat a claim related to an asset by demonstrating that it acquired the asset as a holder in due course without actual knowledge of the claim, unless it also demonstrates that the asset was not acquired upon its appointment as conservator or receiver or as part of a purchase and assumption transaction.
Excepts from this provision vendor agreements for the sale or purchase of goods or services delivered to an insured depository institution before the appointment of a receiver for such institution.

House Republican Conference Summary

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No summary available.

House Democratic Caucus Summary

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