Page:United States Statutes at Large Volume 103 Part 1.djvu/255

 PUBLIC LAW 101-73—AUG. 9, 1989 103 STAT. 227 assets and liabilities associated with any trust busi- ness) without any approval, assignment, or consent with respect to such transfer, "(ii) APPROVAL BY APPROPRIATE FEDERAL BANKING AGENCY.—No transfer described in clause (i)(II) may be made to another depository institution (other than a new bank or a bridge bank established pursuant to subsection (m) or (n)) without the approval of the appro- priate Federal banking agency for such institution. " (H) PAYMENT OF VALID OBLIGATiONS. —The Corporation, as conservator or receiver, shall pay all valid obligations of the insured depository institution in accordance with the prescriptions and limitations of this Act. "(I) INCIDENTAL POWERS. — The Corporation may, as con- servator or receiver— "(i) exercise all powers and authorities specifically granted to conservators or receivers, respectively, under this Act and such incidental powers as shall be necessary to carry out such powers; and "(ii) take any action authorized by this Act, which the Corporation determines is in the best interests of the depository institution, its depositors, or the Corporation. " (3) AUTHORITY OF RECEIVER TO DETERMINE CLAIMS. — "(A) IN GENERAL.—The Corporation may, as receiver, , determine claims in accordance with the requirements of this subsection and regulations prescribed under paragraph (4)(A). "(B) NOTICE REQUIREMENTS.— The receiver, in any case involving the liquidation or winding up of the affairs of a. closed depository institution, shall— "(i) promptly publish a notice to the depository institution's creditors to present their claims, together with proof, to the receiver by a date specified in the notice which shall be not less than 90 days after the publication of such notice; and "(ii) republish such notice approximately 1 month and 2 months, respectively, after the publication under clause (i). "(C) MAIUNG REQUIRED. —The receiver shall mail a notice similar to the notice published under subparagraph (B)(i) at the time of such publication to any creditor shown on the institution's books— "(i) at the creditor's last address appearing in such books; or "(ii) upon discovery of the name and address of a claimant not appearing on the institution's books within 30 days after the discovery of such name and address. " (4) RULEMAKING AUTHORITY RELATING TO DETERMINATION OF CLAIMS. — The Corporation may prescribe regulations regarding the allowance or disallowance of claims by the receiver and providing for administrative determination of claims and review of such determination. "(5) PROCEDURES FOR DETERMINATION OF CLAIMS. — " (A) DETERMINATION PERIOD.— "(i) IN GENERAL. — Before the end of the 180-day period beginning on the date any claim against a

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