Page:United States Statutes at Large Volume 103 Part 1.djvu/520

 103 STAT. 492 PUBLIC LAW 101-73 —AUG. 9, 1989 institution and, unless set aside, limited, or suspended by a ^ court in proceedings authorized hereunder, such temporary order shall remain effective and enforceable until an order of the Board under paragraph (3) becomes final or until the Corporation dismisses the proceedings under paragraph (3). "(D) JUDICIAL REVIEW.— Before the close of the 10-day period beginning on the date any temporary order has been served upon an insured depository institution under subparagraph (A), such institution may apply to the United States District Court for the District of Columbia, or the United States district court for the judicieil district in which the home office of the institution is located, for an injunc- tion setting aside, limiting, or suspending the enforcement, operation, or effectiveness of such order, and such court shall have jurisdiction to issue such injunction. "(E) CONTINUATION OF INSURANCE FOR PRIOR DEPOSITS.— The insured deposits of each depositor in such depository institution on the effective date of the order issued under this paragraph, minus all subsequent withdrawals from any deposits of such depositor, shall continue to be insured, subject to the administrative proceedings as provided in this Act. " (F) PUBLICATiON OF ORDER. — The depository institution shall give notice of such order to each of its depositors in such manner and at such times as the Board of Directors may find to be necessary and may order for the protection of depositors. "(G) NoncE BY CORPORATION. —I f the Corporation deter- mines that the depository institution has not substantially complied with the notice to depositors required by the Board of Directors, the Corporation may provide such notice in such manner as the Board of Directors may find to be necessary and appropriate. "(H) LACK OF NOTICE. —Notwithstanding subparagraph (A), any deposit made after the effective date of a suspen- sion order issued under this paragraph shall remain insured to the extent that the depositor establishes that— (i) such deposit consists of additions made by auto- matic deposit the depositor was unable to prevent; or (ii) such depositor did not have actual knowledge of the suspension of insurance. "(9) FINAL DECISIONS TO TERMINATE INSURANCE.—Any decision by the Board of Directors to— "(A) issue a temporary order terminating deposit insur- ance; or "(B) issue a final order terminating deposit insurance (other than under subsection (p) or (q)); shall be made by the Board of Directors and may not be delegated. "(10) Low- TO MODERATE-INCOME HOUSING LENDER.— In making any determination regarding the termination of insurance of a solvent savings association, the Corporation may consider the extent of the association's low- to moderate-income housing loans.".

�