Page:United States Statutes at Large Volume 103 Part 1.djvu/221

 PUBLIC LAW 101-73 —AUG. 9, 1989 103 STAT. 193 " (1) IN GENERAL.—The terms 'includes' and 'including' shall not be construed more restrictively than the ordinary usage of such terms so as to exclude any other thing not referred to or described. "(2) RULE OF CONSTRUCTION.— Paragraph (1) shall not be con- strued as creating any inference that the term 'includes' or 'including' in any other provision of Federal law may be deemed to exclude any other thing not referred to or described."; (6) by adding at the end thereof the following new subsections: "(u) INSTITUTION-AFFIUATED PARTY.— The term 'institution-affili- ated party' means— ' "(1) any director, officer, employee, or controlling stockholder (other than a bank holding company) of, or agent for, an insured depository institution; (2) any other person who has filed or is required to file a change-in-control notice with the appropriate Federal banking agency under section 7(j); "(3) any shareholder (other than a bank holding company), consultant, joint venture partner, and any other person as determined by the appropriate Federal banking agency (by regulation or case-by-case) who participates in the conduct of the affairs of an insured depository institution; and "(4) any independent contractor (including any attorney, ap- praiser, or accountant) who knowingly or recklessly participates in— "(A) any violation of any law or regulation; "(B) any breach of fiduciary duty; or "(C) any unsafe or unsound practice, which caused or is likely to cause more than a minimal finan- cial loss to, or a significant adverse effect on, the insured depository institution. "(v) VIOLATION.—The term 'violation' includes any action (alone or with another or others) for or toward causing, bringing about, participating in, counseling, or aiding or abetting a violation. " (w) DEFINITIONS RELATING TO HOLDING COMPANIES.— "(1) DEPOSITORY INSTITUTION HOLDING COMPANY. —The term 'depository institution holding company' means a bank holding ^ company or a savings and loan holding company. "(2) BANK HOLDING COMPANY. —The term 'bank holding com- pany' has the meaning given to such term in section 2 of the Bank Holding Company Act of 1956. "(3) SAVINGS AND LOAN HOLDING COMPANY. —The term 'sav- ings and loan holding company' has the meaning given to such ' ^ term in section 10 of the Home Owners' Loan Act. "(4) SUBSIDIARY. —The term 'subsidiary'— "(A) means any company which is owned or controlled directly or indirectly by another company; and "(B) includes any service corporation owned in whole or in part by an insured depository institution or any subsidi- ary of such a service corporation. "(5) CONTROL.— The term 'control' has the meaning given to such term in section 2 of the Bank Holding Company Act of I 1956. "(6) AFFILIATE. —The term 'affiliate' has the meaning given to such term in section 2(k) of the Bank Holding Company Act of 1956. "(x) DEFiNmoNS RELATING TO DEFAULT.—

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