Page:United States Statutes at Large Volume 101 Part 3.djvu/356

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PUBLIC LAW 100-000—MMMM. DD, 1987

101 STAT. 1654 12 USC 2184.

PUBLIC LAW 100-233—JAN. 6, 1988

"SEC. 4.12A. COMMUNICATIONS WITH STOCKHOLDERS. "(a) PROVISION OF STOCKHOLDER LISTS.—

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"(1) IN GENERAL.—Within 7 days after receipt of a written request by a stockholder, a bank for cooperatives, Federal land bank association, or production credit association shall provide a current list of its stockholders to such requesting stockholder. "(2) CONDITIONS.—As a condition of providing a stockholder list under paragraph (1), the bank or association may require that the stockholder agree and certify in writing that the stockholder will— "(A) use the list exclusively for communicating with stockholders for permissible purposes; and "(B) not make the list available to any person, other than the stockholder's attorney or accountant, without first obtaining the written consent of the institution. "(b) ALTERNATIVE COMMUNICATIONS.— "(1) REQUEST TO ISSUE.—As an alternative

to receiving a list of stockholders, a stockholder may request the institution to mail or otherwise furnish to each stockholder a communication for a permissible purpose on behalf of the requesting stockholder. "(2) WHEN PERMISSIBLE.—Alternative communications may be

used, at the discretion of the requesting stockholder, if the requester agrees to defray the reasonable costs of the communication. If the requester decides to exercise this option, the institution shall provide the requester with a written estimate of the costs of handling and mailing the communication as soon as is practicable after receipt of the stockholder's request to furnish the communication.". SEC. 421. ELIGIBILITY TO BORROW FROM A BANK FOR COOPERATIVES.

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Section 3.8 (12 U.S.C. 2129) is amended by striking out subsection (2) and inserting in lieu thereof the following new subsection: "(b) Notwithstanding any other provision of this section: "(1) The following entities shall also be eligible to borrow from a bank for cooperatives: "(A) Cooperatives and other entities that have received a loan, loan commitment, or loan guarantee from the Rural Electrification Administration, or a loan or loan commitment from the Rural Telephone Bank, or that have been certified by the Administrator of the Rural Electrification Administration to be eligible for such a loan, loan commit* ment, or loan guarantee, and subsidiaries of such cooperatives or other entities. -' ^ "(B) Any legal entity more than 50 percent of the voting control of which is held by one or more associations or other entities that are eligible to borrow from a bank for cooperatives under subsection (a) or subparagraph (A) of this paragraph, except that any such legal entity, when considered together with one or more such associations or other entities that hold such control, meet the requirement of subsection (a)(3). 31. "(C) Any legal entity that (i) holds more than 50 percent of the voting control of an association or other entity that is eligible to borrow from a bank for cooperatives under subsection (a) or subparagraph (A) of this paragraph, and ifc (ii) borrows for the purpose of making funds available to that association or entity, and make funds available to that