12 CFR § 313.161 - Certification of debt.

---
identifier: "/us/cfr/t12/s313.161"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "12 CFR § 313.161 - Certification of debt."
title_number: 12
title_name: "Banks and Banking"
section_number: "313.161"
section_name: "Certification of debt."
chapter_name: "FEDERAL DEPOSIT INSURANCE CORPORATION"
subchapter_number: "A"
subchapter_name: "PROCEDURE AND RULES OF PRACTICE"
part_number: "313"
part_name: "PROCEDURES FOR COLLECTION OF CORPORATE DEBT, CRIMINAL RESTITUTION DEBT, AND CIVIL MONEY PENALTY DEBT"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "5 U.S.C. 5514; 12 U.S.C. 1818(i), 1819(a); Pub. L. 104-134, 110 Stat. 1321 (31 U.S.C. 3701, 3711, 3716)."
regulatory_source: "67 FR 48527, July 25, 2002, unless otherwise noted."
cfr_part: "313"
---


# 313.161 Certification of debt.

Prior to referring a delinquent debt to the Secretary of the Treasury, the Director must have complied with the requirements of 5 U.S.C. 5514, and 5 CFR part 550, subpart K, governing salary offset, and the FDIC regulations. The Director shall certify, in a form acceptable to the Secretary, that:

(a) The debt is past due and legally enforceable; and

(b) The FDIC has complied with all due process requirements under 31 U.S.C. 3716 and the FDIC's administrative offset regulations.