12 USC 4403 - Bilateral netting

(a) General rule 
Notwithstanding any other provision of State or Federal law (other than section 1821 (e) of this title, section 1787 (c) of this title, or any order authorized under section 78eee (b)(2) of title 15), the covered contractual payment obligations and the covered contractual payment entitlements between any 2 financial institutions shall be terminated, liquidated, accelerated, and netted in accordance with, and subject to the conditions of, the terms of any applicable netting contract (except as provided in section 561 (b)(2) of title 11).
(b) Limitation on obligation to make payment 
The only obligation, if any, of a financial institution to make payment with respect to covered contractual payment obligations to another financial institution shall be equal to its net obligation to such other financial institution, and no such obligation shall exist if there is no net obligation.
(c) Limitation on right to receive payment 
The only right, if any, of a financial institution to receive payments with respect to covered contractual payment entitlements from another financial institution shall be equal to its net entitlement with respect to such other financial institution, and no such right shall exist if there is no net entitlement.
(d) Payment of net entitlement of failed financial ­institution 
The net entitlement of any failed financial institution, if any, shall be paid to the failed financial institution in accordance with, and subject to the conditions of, the applicable netting contract.

Advertisement
view counter
(e) Effectiveness notwithstanding status as financial institution 
This section shall be given effect notwithstanding that a financial institution is a failed financial institution.
(f) Enforceability of security agreements 
The provisions of any security agreement or arrangement or other credit enhancement related to one or more netting contracts between any 2 financial institutions shall be enforceable in accordance with their terms (except as provided in section 561 (b)(2) of title 11), and shall not be stayed, avoided, or otherwise limited by any State or Federal law (other than section 1821 (e) of this title, section 1787 (c) of this title, and section 78eee (b)(2) of title 15).