# 12 CFR § 308.128: Grounds for cease-and-desist orders

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-12-308.128

## Section

- **Citation:** 12 CFR § 308.128
- **Heading:** Grounds for cease-and-desist orders
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 12—Banks and Banking > CHAPTER III—FEDERAL DEPOSIT INSURANCE CORPORATION > SUBCHAPTER A—PROCEDURE AND RULES OF PRACTICE > PART 308—RULES OF PRACTICE AND PROCEDURE > Subpart G—Rules and Procedures Applicable to Proceedings Relating to Cease-and-Desist Orders

## Text

(a) General rule. The Board of Directors or its designee may issue and have served upon any insured nonmember bank or an institution-affiliated party a notice, as set forth in § 308.18 of the Uniform Rules for practices and violations as described in § 308.127.
(b) Extraterritorial acts of foreign banks. An act, violation or practice committed outside the United States by a foreign bank or an institution-affiliated party that would otherwise be a ground for issuing a cease-and-desist order under paragraph (a) of this section or a temporary cease-and-desist order under § 308.131 of this subpart, shall be a ground for an order if the Board of Directors or its designee finds that:
(1) The act, violation or practice has been, is, or is likely to be a cause of, or carried on in connection with or in furtherance of, an act, violation or practice committed within any state, territory, or possession of the United States or the District of Columbia which act, violation or practice, in and of itself, would be an appropriate basis for action by the FDIC; or
(2) The act, violation or practice, if proven, would adversely affect the insurance risk of the FDIC.

## Nearby sections

- [12 CFR § 308.0 § 308.0 Applicability date.](https://www.frixlaw.com/law-library/statutes/ecfr-12-308.0.md)
- [12 CFR § 308.1 § 308.1 Scope.](https://www.frixlaw.com/law-library/statutes/ecfr-12-308.1.md)
- [12 CFR § 308.2 § 308.2 Rules of construction.](https://www.frixlaw.com/law-library/statutes/ecfr-12-308.2.md)
- [12 CFR § 308.3 § 308.3 Definitions.](https://www.frixlaw.com/law-library/statutes/ecfr-12-308.3.md)
- [12 CFR § 308.4 § 308.4 Authority of the Board of Directors.](https://www.frixlaw.com/law-library/statutes/ecfr-12-308.4.md)
- [12 CFR § 308.5 § 308.5 Authority of the administrative law judge (ALJ).](https://www.frixlaw.com/law-library/statutes/ecfr-12-308.5.md)
- [12 CFR § 308.6 § 308.6 Appearance and practice in adjudicatory proceedings.](https://www.frixlaw.com/law-library/statutes/ecfr-12-308.6.md)
- [12 CFR § 308.7 § 308.7 Good faith certification.](https://www.frixlaw.com/law-library/statutes/ecfr-12-308.7.md)
- [12 CFR § 308.8 § 308.8 Conflicts of interest.](https://www.frixlaw.com/law-library/statutes/ecfr-12-308.8.md)
- [12 CFR § 308.9 § 308.9 Ex parte communications.](https://www.frixlaw.com/law-library/statutes/ecfr-12-308.9.md)
- [12 CFR § 308.10 § 308.10 Filing of papers.](https://www.frixlaw.com/law-library/statutes/ecfr-12-308.10.md)
- [12 CFR § 308.11 § 308.11 Service of papers.](https://www.frixlaw.com/law-library/statutes/ecfr-12-308.11.md)
- [12 CFR § 308.12 § 308.12 Construction of time limits.](https://www.frixlaw.com/law-library/statutes/ecfr-12-308.12.md)
- [12 CFR § 308.13 § 308.13 Change of time limits.](https://www.frixlaw.com/law-library/statutes/ecfr-12-308.13.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-12-308.128. Check the current official text before relying on it. Not legal advice.