---
kind: "section"
citation: "12 U.S.C. § 5389"
title: "12"
title_heading: "Banks and Banking"
number: "5389"
heading: "Rulemaking; non-conflicting law"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/12/5389"
units:
  - "Chapter 53 — Wall Street Reform and Consumer Protection"
  - "Subchapter II — Orderly Liquidation Authority"
---

# §5389. Rulemaking; non-conflicting law


The [Corporation](/usc/12/5301.md?p=7) shall, in consultation with the [Council](/usc/12/5301.md?p=8), prescribe such rules or regulations as the [Corporation](/usc/12/5301.md?p=7) considers necessary or appropriate to implement this subchapter, [including](/usc/12/5301.md?p=18-A) rules and regulations with respect to the rights, interests, and priorities of creditors, counterparties, security entitlement holders, or other [persons](/usc/12/5481.md?p=19) with respect to any [covered financial company](/usc/12/5381.md?p=a-8) or any assets or other property of or held by such [covered financial company](/usc/12/5381.md?p=a-8), and address the potential for conflicts of interest between or among individual receiverships established under this subchapter or under the Federal [Deposit](/usc/12/5301.md?p=18-A) Insurance Act [[12 U.S.C. 1811](/usc/12/1811.md) et seq.]. To the extent possible, the [Corporation](/usc/12/5301.md?p=7) shall seek to harmonize applicable rules and regulations promulgated under this section with the insolvency laws that would otherwise apply to a [covered financial company](/usc/12/5381.md?p=a-8).


## Source credit

(Pub. L. 111–203, title II, § 209, July 21, 2010, 124 Stat. 1460.)

## Notes

### Editorial Notes

### References in Text

This subchapter, referred to in text, was in the original “this title”, meaning title II of Pub. L. 111–203, July 21, 2010, 124 Stat. 1442, which is classified principally to this subchapter. For complete classification of title II to the Code, see Tables.

The Federal Deposit Insurance Act, referred to in text, 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.

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective 1 day after July 21, 2010, except as otherwise provided, see section 4 of Pub. L. 111–203, set out as a note under section 5301 of this title.