Page:United States Statutes at Large Volume 101 Part 1.djvu/657

 PUBLIC LAW 100-86—AUG. 10, 1987

101 STAT. 627

(5) DETERMINATION OF TOTAL ASSETS.—Section 13(f) of the

Federal Deposit Insurance Act (12 U.S.C. 1823(f)) is amended by adding after paragraph (10) (as added by paragraph (4) of this subsection) the following new paragraph: "(11) DETERMINATION OF TOTAL ASSETS.—For purposes of this subsection, the total assets of any insured bank shall be determined on the basis of the most recent report of condition of such bank which is available at the time of such determination.". (d) BANK IN DANGER OF CLOSING DEFINED.—Section 13(f)(8) of the

Federal Deposit Insurance Act (12 U.S.C. 1823(f)(8)) is amended— (1) by adding a t the end thereof the following new subparagraph: "(D) the term 'bank in danger of closing' means an insured bank with respect to which the appropriate Federal or State chartering authority certifies in writing that— "(i)(I) the bank is not likely to be able to meet the demands of such bank's depositors or pay the obligations of ' the bank in the normal course of business, and "(II) there is no reasonable prospect that the bank will be able to meet such demands or pay such obligations without Federal assistance; or "(ii)(I) the bank has incurred or is likely to incur losses that will deplete all or substantially all of the capital of the bank, and "(II) there is no reasonable prospect for the replenishment of the bank's capital without Federal assistance;"; (2) by striking out "and" a t the end of subparagraph (B); and (3) by striking out the period at the end of subparagraph (C) and inserting in lieu thereof a semicolon.

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(e) ACQUIRE DEFINED.—Section 13(f)(8) of the Federal Deposit

Insurance Act (12 U.S.C. 1823(f)(8)) is amended by adding after subparagraph (D) (as added by subsection (d) of this section) the following new subparagraph: "(E) the term 'acquire' means to acquire, directly or indirectly, ownership or control through— "(i) an acquisition of shares; "(ii) an acquisition of assets or assumption of liabilities; "(iii) a merger or consolidation; or "(iv) any similar transaction;". (1) AFFIUATED INSURED BANK DEFINED.—Section 13(fK8) of the Federal Deposit Insurance Act (12 U.S.C. 1823(f)(8)) is amended by adding after subparagraph (E) (as added by subsection (e) of this section) the following new subparagraph: "(F) the term affiliated insured bank' means— "(i) when used in connection with a reference to a holding company, an insured bank which is a subsidiary of such holding company; and "(ii) when used in connection with a reference to 2 or more insured banks, insured banks which are subsidiaries of the same holding company; and". (g) SUBSIDIARY DEFINED.—Section 13(f)(8) of the Federal Deposit

Insurance Act (12 U.S.C. 1823(fK8)) is amended by adding after subparagraph (F) (as added by subsection (f) of this section) the following new subparagraph: "(G) the term 'subsidiary' has the meaning given to such term in section 2(d) of the Bank Holding Company Act of 1956.". (h) WAIVER OF NOTICE AND HEARING REQXJIREMENTS.—

12 USC 1841.

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