---
kind: "section"
citation: "12 U.S.C. § 5414"
title: "12"
title_heading: "Banks and Banking"
number: "5414"
heading: "Savings provisions"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/12/5414"
units:
  - "Chapter 53 — Wall Street Reform and Consumer Protection"
  - "Subchapter III — Transfer of Powers to the Comptroller of the Currency, the Corporation, and the Board of Governors"
  - "Part A — Transfer of Powers and Duties"
---

# §5414. Savings provisions

- (a) **Office of Thrift Supervision—**
  - (1) **Existing rights, duties, and obligations not affected—** Sections [5412(b)](/usc/12/5412.md?p=b) and [5413](/usc/12/5413.md) of this title shall not affect the validity of any right, duty, or obligation of the United States, the [Director](/usc/12/5341.md?p=1) of the [Office](/usc/12/5341.md?p=1) of Thrift Supervision, the [Office](/usc/12/5341.md?p=1) of Thrift Supervision, or any other [person](/usc/12/5481.md?p=19), that existed on the day before the [transfer date](/usc/12/5301.md?p=17).
  - (2) **Continuation of suits—** This title[^1] shall not abate any action or proceeding commenced by or against the [Director](/usc/12/5341.md?p=1) of the [Office](/usc/12/5341.md?p=1) of Thrift Supervision or the [Office](/usc/12/5341.md?p=1) of Thrift Supervision before the [transfer date](/usc/12/5301.md?p=17), except that—
    - (A) for any action or proceeding arising out of a function of the [Office](/usc/12/5341.md?p=1) of Thrift Supervision or the [Director](/usc/12/5341.md?p=1) of the [Office](/usc/12/5341.md?p=1) of Thrift Supervision transferred to the [Board of Governors](/usc/12/5301.md?p=3) by this title,[^1] the [Board of Governors](/usc/12/5301.md?p=3) shall be substituted for the [Office](/usc/12/5341.md?p=1) of Thrift Supervision or the [Director](/usc/12/5341.md?p=1) of the [Office](/usc/12/5341.md?p=1) of Thrift Supervision as a party to the action or proceeding on and after the [transfer date](/usc/12/5301.md?p=17);
    - (B) for any action or proceeding arising out of a function of the [Office](/usc/12/5341.md?p=1) of Thrift Supervision or the [Director](/usc/12/5341.md?p=1) of the [Office](/usc/12/5341.md?p=1) of Thrift Supervision transferred to the [Office](/usc/12/5341.md?p=1) of the Comptroller of the Currency or the Comptroller of the Currency by this title,[^1] the [Office](/usc/12/5341.md?p=1) of the Comptroller of the Currency or the Comptroller of the Currency shall be substituted for the [Office](/usc/12/5341.md?p=1) of Thrift Supervision or the [Director](/usc/12/5341.md?p=1) of the [Office](/usc/12/5341.md?p=1) of Thrift Supervision, as the case may be, as a party to the action or proceeding on and after the [transfer date](/usc/12/5301.md?p=17); and
    - (C) for any action or proceeding arising out of a function of the [Office](/usc/12/5341.md?p=1) of Thrift Supervision or the [Director](/usc/12/5341.md?p=1) of the [Office](/usc/12/5341.md?p=1) of Thrift Supervision transferred to the [Corporation](/usc/12/5301.md?p=7) by this title,[^1] the [Corporation](/usc/12/5301.md?p=7) shall be substituted for the [Office](/usc/12/5341.md?p=1) of Thrift Supervision or the [Director](/usc/12/5341.md?p=1) of the [Office](/usc/12/5341.md?p=1) of Thrift Supervision as a party to the action or proceeding on and after the [transfer date](/usc/12/5301.md?p=17).
- (b) **Continuation of existing OTS orders, resolutions, determinations, agreements, regulations, etc.** All orders, resolutions, determinations, agreements, and regulations, interpretative rules, other interpretations, guidelines, procedures, and other advisory materials, that have been issued, made, prescribed, or allowed to become effective by the [Office](/usc/12/5341.md?p=1) of Thrift Supervision or the [Director](/usc/12/5341.md?p=1) of the [Office](/usc/12/5341.md?p=1) of Thrift Supervision, or by a [court](/usc/12/5381.md?p=a-6) of competent jurisdiction, in the performance of functions that are transferred by this title[^1] and that are in effect on the day before the [transfer date](/usc/12/5301.md?p=17), shall continue in effect according to the terms of such orders, resolutions, determinations, agreements, and regulations, interpretative rules, other interpretations, guidelines, procedures, and other advisory materials, and shall be enforceable by or against—
  - (1) the [Board of Governors](/usc/12/5301.md?p=3), in the case of a function of the [Office](/usc/12/5341.md?p=1) of Thrift Supervision or the [Director](/usc/12/5341.md?p=1) of the [Office](/usc/12/5341.md?p=1) of Thrift Supervision transferred to the [Board of Governors](/usc/12/5301.md?p=3), until modified, terminated, set aside, or superseded in accordance with applicable law by the [Board of Governors](/usc/12/5301.md?p=3), by any [court](/usc/12/5381.md?p=a-6) of competent jurisdiction, or by operation of law;
  - (2) the [Office](/usc/12/5341.md?p=1) of the Comptroller of the Currency or the Comptroller of the Currency, in the case of a function of the [Office](/usc/12/5341.md?p=1) of Thrift Supervision or the [Director](/usc/12/5341.md?p=1) of the [Office](/usc/12/5341.md?p=1) of Thrift Supervision transferred to the [Office](/usc/12/5341.md?p=1) of the Comptroller of the Currency or the Comptroller of the Currency, respectively, until modified, terminated, set aside, or superseded in accordance with applicable law by the [Office](/usc/12/5341.md?p=1) of the Comptroller of the Currency or the Comptroller of the Currency, by any [court](/usc/12/5381.md?p=a-6) of competent jurisdiction, or by operation of law; and
  - (3) the [Corporation](/usc/12/5301.md?p=7), in the case of a function of the [Office](/usc/12/5341.md?p=1) of Thrift Supervision or the [Director](/usc/12/5341.md?p=1) of the [Office](/usc/12/5341.md?p=1) of Thrift Supervision transferred to the [Corporation](/usc/12/5301.md?p=7), until modified, terminated, set aside, or superseded in accordance with applicable law by the [Corporation](/usc/12/5301.md?p=7), by any [court](/usc/12/5381.md?p=a-6) of competent jurisdiction, or by operation of law.
- (c) **Identification of regulations continued—**
  - (1) **By the Board of Governors—** Not later than the [transfer date](/usc/12/5301.md?p=17), the [Board of Governors](/usc/12/5301.md?p=3) shall—
    - (A) identify the regulations continued under [subsection (b)](#b) that will be enforced by the [Board of Governors](/usc/12/5301.md?p=3); and
    - (B) publish a list of the regulations identified under [subparagraph (A)](#c-1-A) in the Federal Register.
  - (2) **By Office of the Comptroller of the Currency—** Not later than the [transfer date](/usc/12/5301.md?p=17), the [Office](/usc/12/5341.md?p=1) of the Comptroller of the Currency shall—
    - (A) after consultation with the [Corporation](/usc/12/5301.md?p=7), identify the regulations continued under [subsection (b)](#b) that will be enforced by the [Office](/usc/12/5341.md?p=1) of the Comptroller of the Currency; and
    - (B) publish a list of the regulations identified under [subparagraph (A)](#c-2-A) in the Federal Register.
  - (3) **By the Corporation—** Not later than the [transfer date](/usc/12/5301.md?p=17), the [Corporation](/usc/12/5301.md?p=7) shall—
    - (A) after consultation with the [Office](/usc/12/5341.md?p=1) of the Comptroller of the Currency, identify the regulations continued under [subsection (b)](#b) that will be enforced by the [Corporation](/usc/12/5301.md?p=7); and
    - (B) publish a list of the regulations identified under [subparagraph (A)](#c-3-A) in the Federal Register.
- (d) **Status of regulations proposed or not yet effective—**
  - (1) **Proposed regulations—** Any proposed regulation of the [Office](/usc/12/5341.md?p=1) of Thrift Supervision, which the [Office](/usc/12/5341.md?p=1) of Thrift Supervision in performing functions transferred by this title,[^1] has proposed before the [transfer date](/usc/12/5301.md?p=17) but has not published as a final regulation before such date, shall be deemed to be a proposed regulation of the [Office](/usc/12/5341.md?p=1) of the Comptroller of the Currency or the [Board of Governors](/usc/12/5301.md?p=3), as appropriate, according to the terms of the proposed regulation.
  - (2) **Regulations not yet effective—** Any interim or final regulation of the [Office](/usc/12/5341.md?p=1) of Thrift Supervision, which the [Office](/usc/12/5341.md?p=1) of Thrift Supervision, in performing functions transferred by this title,[^1] has published before the [transfer date](/usc/12/5301.md?p=17) but which has not become effective before that date, shall become effective as a regulation of the [Office](/usc/12/5341.md?p=1) of the Comptroller of the Currency or the [Board of Governors](/usc/12/5301.md?p=3), as appropriate, according to the terms of the interim or final regulation, unless modified, terminated, set aside, or superseded in accordance with applicable law by the [Office](/usc/12/5341.md?p=1) of the Comptroller of the Currency or the [Board of Governors](/usc/12/5301.md?p=3), as appropriate, by any [court](/usc/12/5381.md?p=a-6) of competent jurisdiction, or by operation of law.

## Footnotes

[^1]: See References in Text note below.

## Source credit

(Pub. L. 111–203, title III, § 316, July 21, 2010, 124 Stat. 1524.)

## Notes

### Editorial Notes

### References in Text

This title, referred to in subsecs. (a)(2), (b), and (d), is title III of Pub. L. 111–203, July 21, 2010, 124 Stat. 1520, known as the Enhancing Financial Institution Safety and Soundness Act of 2010, which enacted this subchapter and sections 4b and 16 of this title, amended sections 1, 11, 248, 461, 481, 482, 1438, 1462, 1462a, 1463, to 1464, 1466a, 1467, 1467a, 1468, 1468a, to 1468b, 1470, 1701c, 1701p–1, 1708, 1757, 1785, 1786, 1787, 1812, 1813, 1817, 1818, 1820, 1821, 1823, 1828, 1829, 1831e, 1831j, 1833b, 1833e, 1834, 1841, 1843, 1844, 1861, 1867, 1881, 1882, 1884, 1972, 2709, 2902, 2905, 3206 to 3208, 3332, 4515, and 4517 of this title, section 906 of Title 2, The Congress, sections 78c, 78l, 78o–5, and 78w of Title 15, Commerce and Trade, sections 212, 657, 981, 982, 1006, 1014, and 1032 of Title 18, Crimes and Criminal Procedure, sections 321 and 714 of Title 31, Money and Finance, section 41501 of Title 34, Crime Control and Law Enforcement, sections 4003 and 8105 of Title 42, The Public Health and Welfare, and section 3502 of Title 44, Public Printing and Documents, repealed section 1441a of this title, enacted provisions set out as notes under sections 1, 16, 1438, 1787, 1812, 1817, and 1821 of this title and section 906 of Title 2, and amended provisions set out as notes under sections 1437, 1463, 1464, 1467a, 1707, 1812, and 1818 of this title. For complete classification of title III to the Code, see Short title note set out under section 5301 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.