[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