Page:United States Statutes at Large Volume 103 Part 1.djvu/478

 103 STAT. 450 PUBLIC LAW 101-73 —AUG. 9, 1989 (d) SUBSTITUTION OF "DEPOSITORY INSTITUTION" FOR "BANK". — Section 8 of the Federal Deposit Insurance Act (12 U.S.C. 1818), as amended by subsection (b)(1) of this section, is amended by striking out "bank" and "banks" each place such terms appear and inserting in lieu thereof "depository institution" and "depository institu- tions", respectively, except in subsections (b)(3), (b)(4), (m), (o), and (r). SEC. 902. AMENDMENTS TO CEASE AND DESIST AUTHORITY WITH RE- SPECT TO RESTITUTION, RESTRICTIONS ON SPECIFIC ACTIVI- TIES, GROUNDS FOR ISSUANCE OF A TEMPORARY ORDER. AND INCOMPLETE OR INACCURATE RECORDS. (a) DEPOSITORY INSTITUTIONS INSURED BY THE FDIC.— (1) CEASE AND DESIST AUTHORITY. — Section 8(b) of the Federal Deposit Insurance Act (12 U.S.C. 1818(b)) is amended— (A) in paragraph (3), by striking out "subsections (c) »j. through (f) and (h) through (n)" and inserting in lieu thereof "subsections (c) through (s) and subsection (u)"; (B) in paragraph (4), by striking out "subsections (c) through (0 and (h) through (n)" and inserting in lieu thereof "subsections (c) through (s) and subsection (u)"; and (C) by adding at the end thereof the following new para- graphs: "(6) AFFIRMATIVE ACTION TO CORRECT CONDITIONS RESULTING FROM VIOLATIONS OR PRACTICES. —The authority to issue an order under this subsection and subsection (c) which requires an, ' insured depository institution or any institution-affiliated party to take affirmative action to correct any conditions resulting from any violation or practice with respect to which such order is issued includes the authority to require such depository institution or such party to— "(A) make restitution or provide reimbursement, indem- nification, or guarantee against loss if— "(i) such depository institution or such party was unjustly enriched in connection with such violation or practice; or /w ' "(ii) the violation or practice involved a reckless disregard for the law or any applicable regulations or prior order of the appropriate Federal banking agency; "(B) restrict the growth of the institution; "(C) dispose of any loan or asset involved; "(D) rescind agreements or contracts; and "(E) employ qualified officers or employees (who may be subject to approval by the appropriate Federal banking agency at the direction of such agency); and "(F) take such other action as the banking agency deter- mines to be appropriate. "(7) AUTHORITY TO LIMIT ACTIVITIES. —The authority to issue an order under this subsection or subsection (c) includes the authority to place limitations on the activities or functions of an insured depository institution or any institution-affiliated party. " (8) EXPANSION OF AUTHORITY TO SAVINGS AND LOAN AFFIU- - ATES AND ENTITIES.—Subsections (a) through (s) and subsection (u) shall apply to any savings and loan holding company and to any subsidiary (other than a bank or subsidiary of that bank) of a savings and loan holding company, to any service corporation of a savings association and to any subsidiary of such service

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