[Federal Register Volume 59, Number 27 (Wednesday, February 9, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-2875]
[[Page Unknown]]
[Federal Register: February 9, 1994]
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RESOLUTION TRUST CORPORATION
12 CFR Part 1627
RIN 3205-AA19
Service of Process Upon the Resolution Trust Corporation
AGENCY: Resolution Trust Corporation.
ACTION: Final rule.
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SUMMARY: The Resolution Trust Corporation (RTC) hereby issues this
final rule designating the officers upon whom service of process may be
made when RTC is sued in its receivership, conservatorship, or
corporate capacities. In the interest of providing prompt guidance in
an area that has caused much confusion, RTC is publishing this final
rule.
EFFECTIVE DATE: This final rule is effective February 9, 1994.
FOR FURTHER INFORMATION CONTACT:
Gregg H. S. Golden (Counsel), telephone 202-736-3042.
SUPPLEMENTARY INFORMATION:
I. Background
Section 501(a) of the Financial Institutions Reform, Recovery, and
Enforcement Act of 1989 (FIRREA) added a new section 21A to the Federal
Home Loan Bank Act, 12 U.S.C. 1441a, establishing the RTC. RTC was
authorized to sue and be sued in its corporate capacity (12 U.S.C.
1441a(b)(9), as amended by the Resolution Trust Corporation
Refinancing, Restructuring, and Improvement Act of 1991, Public Law No.
102-233, sections 310 and 314(2)(B)(i), 105 Stat. 1761, 1769, 1771
(1991)). The provisions of the Federal Rules of Civil Procedure
establishing the method for service of process upon a government
corporation contemplate that the corporation will designate an agent
for service.
By reference to section 11, 12, and 13 of the Federal Deposit
Insurance Act, 12 U.S.C. 1821, 1822, and 1823, FIRREA also granted RTC
the same powers as the Federal Deposit Insurance Corporation when
acting in its receivership or conservatorship capacity (12 U.S.C.
1441a(b)(4)(A), as amended). Inherent among these is the power to sue
and be sued in such capacity, see 12 U.S.C. 1821(d)(2).
Because of the important differences among the capacities in which
RTC functions, process is frequently served upon officers, employees,
or temporary agents who have little or no connection with or
responsibility for the component of RTC involved in the underlying
lawsuit. Both RTC and the litigants are inconvenienced by the resulting
confusion, delay, and expense. In the interest of reducing these costs
to the public, RTC by this rule designates the agents who will accept
service of process on behalf of RTC in its conservatorship,
receivership, and corporate capacities.
Because RTC acts as conservator or receiver for a large number of
savings associations, and because compulsory process (such as a
subpoena for production of documents) does not always clearly identify
the institution in question, the regulation provides that where process
is served upon RTC in its capacity as conservator or receiver for a
savings association, the savings association should be clearly
identified on the face of the papers. This provision is intended to
facilitate a prompt and constructive response to the papers.
On April 8, 1993 (58 FR 18144), RTC issued an Interim Rule with
Request for Comments, designating its agents for service of process. A
printing error in the original publication was corrected by notice on
April 22, 1993 (58 FR 21627). RTC has proceeded under authority of the
interim rule in the succeeding months, and thus has obtained useful
experience in the practicality of the rule. RTC has received one
comment on its interim rule and is now issuing a final rule.
II. Comment and Discussion
In response to the April 8, 1993, interim rule and request for
comment, RTC received one comment. That single comment commended RTC's
express designation of agents for service of process, and asked that
RTC also consider designating specific officers to receive notices
under agreements with other parties.
RTC's experience with the interim rule has been generally
favorable.
III. Regulatory Flexibility Act Statement
Pursuant to section 605(b) of the Regulatory Flexibility Act, RTC
hereby certifies that this proposal is not expected to have a
significant economic impact on a substantial number of small entities.
Accordingly, a regulatory flexibility analysis is not required.
List of Subjects in 12 CFR Part 1627
Administrative practice and procedure.
For the reasons set out in the preamble, the Resolution Trust
Corporation revises part 1627 of title 12, chapter XVI, of the Code of
Federal Regulations to read as follows:
PART 1627--SERVICE OF PROCESS UPON THE RESOLUTION TRUST CORPORATION
Sec.
1627.1 Service of process on RTC in its corporate capacity.
1627.2 Service of process on RTC as conservator or receiver.
Authority: 12 U.S.C. 1441a(b)(4)(A), (9)(E), (11)(A),
1821(d)(2).
Sec. 1627.1 Service of process on RTC in its corporate capacity.
Any summons, complaint, subpoena, or other legal process issued
against RTC in its corporate capacity shall be duly issued and served
upon:
(a) The Assistant General Counsel (Litigation); and
(b) The Secretary, the address for both of whom is: 801 17th
Street, NW., Washington, DC 20434-0001; and
(c) Upon such other persons as may be required by the provisions of
the Federal Rules of Civil Procedure governing service of process upon
an agency of the United States.
Sec. 1627.2 Service of process on RTC as conservator or receiver.
(a) Any summons, complaint, subpoena, or other legal process issued
against RTC in its capacity as conservator or receiver for a savings
association shall be duly issued and served upon RTC's Assistant
General Counsel in the field office having jurisdiction over the state,
Commonwealth, possession, territory, or district in which such savings
association has its principal office. The name and principal office of
such savings association should be stated on the face of the summons,
complaint, subpoena, or other process. In addition, a copy of such
process shall be delivered to the Secretary, Resolution Trust
Corporation, 801 17th Street NW., Washington, DC 20434-0001 (telephone:
202-416-7572).
(b) The addresses of RTC's field offices and the states over which
each office has jurisdiction shall be published from time to time in
the Federal Register and maintained by the Secretary, Resolution Trust
Corporation, whose address and telephone number are given in paragraph
(a) of this section.
By Order of the Chief Executive Officer of the Resolution Trust
Corporation.
Dated at Washington, DC, this 3rd day of February, 1994.
Resolution Trust Corporation.
John M. Buckley, Jr.,
Secretary.
[Note: This appendix will not appear in the Code of Federal
Regulations.
Appendix--Field Offices of the Resolution Trust Corporation
Department of Legal Services
Resolution Trust Corporation, 100 Colony Square, suite 2300, Atlanta,
GA 30361.
Responsible for: Alabama, the District of Columbia, Florida,
Georgia, Maryland, North Carolina, Puerto Rico, South Carolina,
Tennessee, the Virgin Islands, Virginia, and West Virginia.
Resolution Trust Corporation, 3500 Maple Avenue, suite 1500, Dallas, TX
75219.
Responsible for: Louisiana, Mississippi, and Texas.
Resolution Trust Corporation, 1225 17th Street, suite 3200, Denver, CO
80202.
Responsible for: Arizona, Colorado, New Mexico, Nevada, and Utah.
Resolution Trust Corporation, 4000 MacArthur Boulevard, 5th floor, P.O.
Box 6210, Newport Beach, CA 92658-6210.
Responsible for: California, Guam, and Hawaii.
Resolution Trust Corporation, 7400 West 110th Street, suite 500,
Overland Park, KS 66210-2346.
Responsible for: Alaska, Arkansas, Iowa, Idaho, Illinois, Indiana,
Kansas, Kentucky, Michigan, Minnesota, Missouri, Montana, North Dakota,
Nebraska, Ohio, Oklahoma, Oregon, South Dakota, Washington, Wisconsin,
and Wyoming.
Resolution Trust Corporation, Valley Forge Corporation Center, 1000
Adams Avenue, P.O. Box 1500, Valley Forge, PA 19482-1500.
Responsible for: Connecticut, Delaware, Maine, Massachusetts, New
Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, and
Vermont.
Alabama (Atlanta)
Alaska (Overland Pk.)
Arizona (Denver)
Arkansas (Overland Pk.)
California (Newport Beach)
Colorado (Denver)
Connecticut (Valley Forge)
Delaware (Valley Forge)
D.C. (Atlanta)
Florida (Atlanta)
Georgia (Atlanta)
Guam (Newport Beach)
Hawaii (Newport Beach)
Idaho (Overland Pk.)
Illinois (Overland Pk.)
Indiana (Overland Pk.)
Iowa (Overland Pk.)
Kansas (Overland Pk.)
Kentucky (Overland Pk.)
Louisiana (Dallas)
Maine (Valley Forge)
Maryland (Atlanta)
Massachusetts (Valley Forge)
Michigan (Overland Pk.)
Minneosta (Overland Pk.)
Mississippi (Dallas)
Missouri (Overland Pk.)
Montana (Overland Pk.)
Nebraska (Overland Pk.)
Nevada (Denver)
New Hampshire (Valley Forge)
New Jersey (Valley Forge)
New Mexico (Denver)
New York (Valley Forge)
N. Carolina (Atlanta)
N. Dakota (Overland Pk.)
Ohio (Overland Pk.)
Oklahoma (Overland Pk.)
Oregon (Overland Pk.)
Pennsylvania (Valley Forge)
Puerto Rico (Atlanta)
Rhode Island (Valley Forge)
S. Carolina (Atlanta)
S. Dakota (Overland Pk,)
Tennessee (Atlanta)
Texas (Dallas)
Utah (Denver)
Vermont (Valley Forge)
Virgin Isls. (Atlanta)
Virginia (Atlanta)
Washington (Overland Pk.)
W. Virginia (Atlanta)
Wisconsin (Overland Pk.)
Wyoming (Overland Pk.)
[FR Doc. 94-2875 Filed 2-8-94; 8:45 am]
BILLING CODE 6714-01-M
