Page:United States Statutes at Large Volume 103 Part 1.djvu/269

 PUBLIC LAW 101-73—AUG. 9, 1989 103 STAT. 241 "(B) all payments made pursuant to this section on ac- count of a closed Savings Association Insurance Fund member shall be made only from the Savings Association Insurance Fund. "(2) PROOF OF CLAIMS. —The Corporation, in its discretion, may require proof of claims to be filed and may approve or reject such claims for insured deposits. "(3) RESOLUTION OF DISPUTES. — " (A) RESOLUTIONS IN ACCORDANCE TO CORPORATION REGU- Claims. LATiONS.— In the case of any disputed claim relating to any insured deposit or any determination of insurance coverage with respect to any deposit, the Corporation may resolve such disputed claim in accordance with regulations pre- scribed by the Corporation establishing procedures for resolving such claims. "(B) ADJUDICATION OF CLAIMS. — If the Corporation has not prescribed regulations establishing procedures for resolving disputed claims, the Corporation may require the final determination of a court of competent jurisdiction before paying any such claim. "(4) REVIEW OF CORPORATION'S DETERMINATION. —F inal deter- Courts, U.S. mination made by the Corporation shall be reviewable in accordance with chapter 7 of title 5, United States Code, by the United States Court of Appeals for the District of Columbia or the court of appeals for the Federal judicial circuit where the principal place of business of the depository institution is located. "(5) STATUTE OF LIMITATIONS. — Any request for review of a final determination by the Corporation shall be filed with the appropriate circuit court of appeals not later than 60 days after such determination is ordered. " (g) SUBROGATION OF CORPORATION.— "(1) IN GENERAL. — Notwithstanding any other provision of Federal law, the law of any State, or the constitution of any State, the Corporation, upon the payment to any depositor as provided in subsection (f) in connection with any insured deposi- tory institution or insured branch described in such subsection or the assumption of any deposit in such institution or branch by another insured depository institution pursuant to this sec- tion or section 13, shall be subrogated to all rights of the depositor against such institution or branch to the extent of such payment or assumption. "(2) DIVIDENDS ON SUBROGATED AMOUNTS. —The subrogation of Claims. the Corporation under paragraph (1) with respect to any insured depository institution shall include the right on the part of the Corporation to receive the same dividends from the proceeds of the assets of such institution and recoveries on account of stockholders' liability as would have been payable to the deposi- tor on a claim for the insured deposit, but such depositor shall retain such claim for any uninsured or unassumed portion of the deposit. "(3) WAIVER OF CERTAIN CLAIMS. — With respect to any bank which closes after May 25, 1938, the Corporation shall waive, in favor only of any person against whom stockholders' individual liability may be asserted, any claim on account of such liability in excess of the liability, if any, to the bank or its creditors, for the amount unpaid upon such stock in such bank; but any such

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