Page:United States Statutes at Large Volume 103 Part 1.djvu/330

 103 STAT. 302 PUBLIC LAW 101-73 —AUG. 9, 1989 "(2)(A) Any person may sue for and have injunctive relief, in any court of the United States having jurisdiction over the parties, against threatened loss or damage by reason of a violation of paragraph (1), under the same conditions and principles as injunc- tive relief against threatened conduct that will cause loss or damage is granted by courts of equity and under the rules governing such proceedings. "(B) Upon the execution of proper bond against damages for an injunction improvidently granted and a showing that the danger of irreparable loss or damage is immediate, a preliminary injunction may issue. Courts, U.S. "(3) Any person injured by a violation of paragraph (1) may bring an action in any district court of the United States in which the defendant resides or is found or has an agent, without regard to the amount in controversy, or in any other court of competent jurisdic- tion, and shall be entitled to recover three times the amount of the damages sustained, and the cost of suit, including a reasonable attorney's fee. Any such action shall be brought within 4 years from the date of the occurrence of the violation. "(4) Nothing contained in this subsection affects in any manner the right of the United States or any other party to bring an action under any other law of the United States or of any State, including any right which may exist in addition to specific statutory authority, challenging the legality of any act or practice which may be pro- scribed by this subsection. No regulation or order issued by the Director under this subsection shall in any manner constitute a defense to such action. "(5) For purposes of this subsection, the term 'loan' includes obligations and extensions or advances of credit. "(r) OUT-OF-STATE BRANCHES.— (1) No Federal savings association may establish, retain, or operate a branch outside the State in which. the Federal savings association has its home office, unless the association qualifies as a domestic building and loan association under section 7701(a)(19) of the Internal Revenue Code of 1986 or meets the asset composition test imposed by subparagraph (c) of that section on institutions seeking so to qualify. No out-of-State branch so established shall be retained or operated unless the total assets of the Federal savings association attributable to all branches of the Federal savings association in that State would qualify the branches as a whole, were they otherwise eligible, for treatment as a domestic building and loan association under section 7701(a)(19). "(2) The limitations of paragraph (1) shall not apply if— "(A) the branch results from a transaction authorized under section 13(k) of the Federal Deposit Insurance Act; "(B) the branch was authorized for the Federal savings association prior to October 15, 1982; "(C) the law of the State where the branch would be located would permit the branch to be established if the branch were a Federal savings association chartered by the State in which its home office is located; or ^ "(D) the branch was operated lawfully as a branch under State law prior to the association's conversion to a Federal charter. "(3) The Director, for good cause shown, may sdlow Federal sav- ings associations up to 2 years to comply with the requirements of this subsection, "(s) MINIMUM CAPITAL REQUIREMENTS. — ?

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