Page:United States Statutes at Large Volume 103 Part 1.djvu/354

 103 STAT. 326 PUBLIC LAW 101-73—AUG. 9, 1989 of the Federal Deposit Insurance Act, except in accordance with this paragraph. In every case, the Director shall take into consideration the financial and managerial resources and future prospects of the company and association involved, the effect of the acquisition on the association, the insurance risk to Fund, and the convenience and needs of the community to be served, and shall render a decision within 90 days after submis- sion to the Director of the complete record on the application. Before approving any such acquisition, except a transaction under section 13(k) of the Federal Deposit Insurance Act, the Director shall request from the Attorney General and consider any report rendered within 30 da3rs on the competitive factors involved. The Director shall not approve any proposed acquisi- tion— "(A) which would result in a monopoly, or which would be in furtherance of any combination or conspiracy to monopo- s^ lize or to attempt to monopolize the savings and loan business in any part of the United States, or "(B) the effect of which in any section of the country may be substantially to lessen competition, or tend to create a monopoly, or which in any other manner would be in restraint of trade, unless it finds that the anticompetitive effects of the proposed acquisition are clearly outweighed in the public interest by the probable effect of the acquisition in meeting the convenience and needs of the community to be served. "(3) INTERSTATE ACQUISITIONS. — No acquisition shall be ap- proved by the Director under this subsection which will result in the formation by any company, through one or more subsidi- aries or through one or more transactions, of a multiple savings ^ and loan holding company controlling savings associations in more than one State, unless— "(A) such company, or a savings association subsidiary of such company, is authorized to acquire control of a savings association subsidiary, or to operate a home or branch office, in the additional State or States pursuant to section 13(k) of the Federal Deposit Insurance Act; "(B) such company controls a savings association subsidi- ary which operated a home or branch office in the addi- tional State or States as of March 5, 1987; or "(C) the statutes of the State in which the savings associa- tion to be acquired is located permit a savings association chartered by such State to be acquired by a savings associa- tion chartered by the State where the acquiring savings association or savings and loan holding company is located or by a holding company that controls such a State char- tered savings association, and such statutes specifically authorize such an acquisition by language to that effect and not merely by implication. " (4) ACQUISITIONS BY CERTAIN INDIVIDUALS.— "(A) IN GENERAL.— Notwithstanding subsection (h)(2), any director or officer of a savings and loan holding company, or any individual who owns, controls, or holds with power to vote (or holds proxies representing) more than 25 percent of the voting shares of such holding company, may acquire control of any savings association not a subsidiary of such
 * the Savings Association Insurance Fund or the Bank Insurance

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