Page:United States Statutes at Large Volume 103 Part 1.djvu/245

 PUBLIC LAW 101-73 —AUG. 9, 1989 103 STAT. 217 "(C) APPEAL OF REMAND.—The Corporation may appeal any order of remand entered by any United States district court. \ "(D) STATE ACTIONS. —Except as provided in subparagraph (E), any action— "(i) to which the Corporation, in the (Dorporation's capacity as receiver of a State insured depository institution by the exclusive appointment by State authorities, is a party other than as a plaintiff; „^,; "(ii) which involves only the preclosing rights against the State insured depository institution, or obligations f^ owing to, depositors, creditors, or stocldiolders by the State insured depository institution; and "(iii) in which only the interpretation of the law of such State is necessary, shall not be deemed to arise under the laws of the United - States. "(E) RULE OF CONSTRUCTION.— Subparagraph (D) shall not be construed as limiting the right of the Corporation to invoke the jurisdiction of any United States district court in any action described in such subparagraph if the institution of which the Corporation has been appointed receiver could have invoked the jurisdiction of such court. "(3) SERVICE OF PROCESS. —The Board of Directors shall des- ignate agents upon whom service of process may be made in any State, territory, or jurisdiction in which any insured depository institution is located. "(4) BONDS OR FEES.— The Corporation shall not be required to --a---' post any bond to pursue any appeal and shall not be subject to payments of any filing fees in United States district courts or courts of appeal.". SEC. 210. ADMINISTRATION OF CORPORATION. (a) EXAMINATION AUTHORITY.—Section 10(b) of the Federal Deposit Insurance Act (12 U.S.C. 1820(b)) is amended to read as follows: "(b) EXAMINATIONS. — "(1) APPOINTMENT OF EXAMINERS AND CLAIMS AGENTS. —The Board of Directors shall appoint examiners and claim agents. "(2) REGULAR EXAMINATIONS. — Any examiner appointed under paragraph (1) shall have power, on behalf of the (Jorpora- tion, to examine— "(A) any insured State nonmember bank (except a Dis- trict bank) or insured State branch of any foreign bank; -.••£ "(B) any savings association, State nonmember bank, or State branch of a foreign bank, or other depository institu- tion which files an application with the Corporation to become an insured depository institution; and "(C) any insured depository institution in default, whenever the Board of Directors determines an examination of any such depository institution is necessary. "(3) SPECIAL EXAMINATION OF ANY INSURED DEPOSITORY INSTITUTION. — In addition to the examinations authorized under paragraph (2), any examiner appointed under paragraph (1) shall have power, on behalf of the (Corporation, to make any special examination of any insured depository institution when- ever the Board of Directors determines a special examination of

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