---
kind: "section"
citation: "12 U.S.C. § 4808"
title: "12"
title_heading: "Banks and Banking"
number: "4808"
heading: "Revising regulatory requirements for transfers of all types of assets with recourse"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/12/4808"
units:
  - "Chapter 48 — Financial Institutions Regulatory Improvement"
---

# §4808. Revising regulatory requirements for transfers of all types of assets with recourse

- (a) **Review and revision of regulations—**
  - (1) **In general—** During the 180-day period beginning on September 23, 1994, each [appropriate Federal banking agency](/usc/12/4801.md?p=1) shall, consistent with the principles of safety and soundness and the public interest—
    - (A) review the agency’s regulations and written policies relating to transfers of assets with recourse by [insured depository institutions](/usc/12/4801.md?p=1); and
    - (B) in consultation with the other [Federal banking agencies](/usc/12/4801.md?p=1), promulgate regulations that better reflect the exposure of an [insured depository institution](/usc/12/4801.md?p=1) to [credit](/usc/12/5481.md?p=7) risk from transfers of assets with recourse.
  - (2) **Regulations required—** Before the end of the 180-day period beginning on September 23, 1994, each [appropriate Federal banking agency](/usc/12/4801.md?p=1) shall prescribe the regulations developed pursuant to [paragraph (1)(B)](#a-1-B).
- (b) **Regulations required—**
  - (1) **In general—** After the end of the 180-day period beginning on September 23, 1994, the amount of risk-based capital required to be maintained, under regulations prescribed by the [appropriate Federal banking agency](/usc/12/4801.md?p=1), by any [insured depository institution](/usc/12/4801.md?p=1) with respect to assets transferred with recourse by such institution may not exceed the maximum amount of recourse for which such institution is contractually liable under the recourse agreement.
  - (2) **Exception for safety and soundness—** The [appropriate Federal banking agency](/usc/12/4801.md?p=1) may require any [insured depository institution](/usc/12/4801.md?p=1) to maintain risk-based capital in an amount greater than the amount determined under [paragraph (1)](#b-1), if the agency determines, by regulation or order, that such higher amount is necessary for safety and soundness reasons.
- (c) **Coordination with section 1835(b) of this title—** This section shall not be construed as superseding the applicability of [section 1835(b) of this title](/usc/12/1835.md?p=b).
- (d) **Definitions—** For purposes of this section, the terms “[appropriate Federal banking agency](/usc/12/4801.md?p=1)”, “Federal banking agency”, and “[insured depository institution](/usc/12/4801.md?p=1)” have the same meanings as in [section 1813 of this title](/usc/12/1813.md).

## Source credit

(Pub. L. 103–325, title III, § 350, Sept. 23, 1994, 108 Stat. 2242.)