Page:United States Statutes at Large Volume 103 Part 1.djvu/318

 103 STAT. 290 PUBLIC LAW 101-73—AUG. 9, 1989 Courts, U.S. Courts, U.S. "(v) In connection with examinations of savings associa- tions and affiliates thereof, the Director may— "(I) administer oaths and affirmations and examine and to take and preserve testimony under oath as to any matter in respect of the affairs or ownership of any such savings association or affiliate, and "(II) issue subpenas and, for the enforcement thereof, apply to the United States district court for the judicial district (or the United States court in any territory) in which the principal office of the savings association or affiliate is located, or in which the witness resides or carries on business. Such courts shall have jurisdiction and power to order and require compliance with any such subpena. ' (vi) In any proceeding under this section, the Director may administer oaths and affirmations, take depositions, and issue subpenas. The Director may prescribe regulations with respect to any such proceedings. The attendance of witnesses and the production of documents provided for in this subsection may be required from any place in any State or in any territory at any designated place where such proceeding is being conducted. "(vii) Any party to a proceeding under this section may apply to the United States District Court for the District of Columbia, or the United States district court for the judicial district (or the United States court in any territory) in which such proceeding is being conducted, or where the witness resides or carries on business, for enforcement of any subpena issued pursuant to this subsection or section 10(c) of the Federal Deposit Insurance Act, and such courts shall have jurisdiction and power to order and require compliance therewith. Witnesses subpenaed under this sec- tion shall be paid the same fees and mileage that are paid witnesses in the district courts of the United States. All expenses of the Director in connection with this section shall be considered as nonadministrative expenses. Any court having jurisdiction of any proceeding instituted under this section by a savings association, or a director or officer thereof, may allow to any such party reasonable expenses and attorneys' fees. Such expenses and fees shall be paid by the savings association. "(A) GROUNDS FOR APPOINTMENT FOR FEDERAL SAVINGS ASSOCIATIONS.— A conservator or receiver may be appointed for a Federal savings association if one or more of the following conditions exist: "(i) insolvency in that the assets of the association are less than its obligations to its creditors and others, including its members; "(ii) substantial dissipation of assets or earnings due to any violation or violations of law or regulations, or to any unsafe or unsound practice or practices; (iii) an unsafe or unsound condition to transact business, including having substantially insufficient capital or otherwise; (iv) willful violation of a cease-and-desist order which has become final;
 * (2) CONSERVATORSHIPS AND RECEIVERSHIPS.—

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