Page:United States Statutes at Large Volume 101 Part 1.djvu/646

 101 STAT. 616

PUBLIC LAW 100-86—AUG. 10, 1987 "(4) DIRECTIVE TO INCREASE CAPITAL.— "(A) PLAN MAY BE REQUIRED.—In addition to any other

3;

action authorized by law, including paragraph (3), the Corporation may issue a directive requiring any insured institution which fails to maintain capital at or above the minimum level required by the Corporation to submit and adhere to a plan for increasing capital which is acceptable to the Corporation. "(B) ENFORCEMENT OF PLAN.—Any directive issued and

'•

plan approved under subparagraph (A) shall be enforceable under subsection (k) to the same extent and in the same manner as an outstanding order which was issued under subsection (e) and has become final. "(5) PLAN TAKEN INTO ACCOUNT IN OTHER PROCEEDINGS.—The

Corporation may— "(A) consider an insured institution's progress in adhering to any plan required under paragraph (4) whenever sfii* such insured institution or any affiliate of such insured institution (including any company which controls such insured institution) seeks the approval of the Corporation for any proposal which would have the effect of diverting V earnings, diminishing capital, or otherwise impeding such - . insured institution's progress in meeting the minimum level of capital required by the Corporation; and "(B) disapprove any proposal referred to in subparagraph •iii.:, (A) if the Corporation determines that the proposal would adversely affect the ability of the insured institution to comply with such plan.". 12 USC 1437

SEC. 407. IMPROVEMENTS IN THE SUPERVISORY PROCESS. (a) ENHANCED FLEXIBILITY IN THE SUPERVISORY PROCESS.—The

12 USC 1725. t; x. J .,r Vi,

Federal Home Loan Bank Board (acting as such under the Federal Home Loan Bank Act and in the Board's capacity as the board of trustees of the Federal Savings and Loan Insurance Corporation under section 402(a) of the National Housing Act) shall issue guidelines which provide greater flexibility for supervisory agents, examiners, and other employees and agents of the Board, the Federal Savings and Loan Insurance Corporation, and the Federal home loan banks in applying regulations, standards, and other requirements of the Board or such Corporation with regard to particular situations or particular thrift institutions. (b) PARTICULAR GUIDEUNES REQUIRED.—The guidelines issued under subsection (a) shall contain the following provisions: (1) FLEXIBLE APPROVAL PROCESS FOR RENEGOTIATED LOANS.—A

provision establishing a flexible procedure for obtaining supervisory approval of the terms of loans renegotiated by thrift institutions if a supervisory agreement is in effect between such institution and the principal supervisory agent of the Federal home loan bank district where such institution is located. (2) RECOGNITION OF ADDITIONAL FINANCIAL CAPABILITY OF A

I

BORROWER.—A provision permitting examiners and other employees and agents of the Board, the Federal Savings and Loan Insurance Corporation, and the Federal home loan banks to take into account, to the extent consistent with the practices of the Federal banking agencies, other financial resources of a borrower (in addition to the financial assets of the borrower which are pledged to secure a loan) in classifying the assets of

�