Page:United States Statutes at Large Volume 105 Part 3.djvu/370

 105 STAT. 2254 PUBLIC LAW 102-242 —DEC. 19, 1991 each week during that period divided by the total number of weeks in that period. "(B) CAPITAL DISTRIBUTION. — The term 'capital distribi^- tion' means— "(i) a distribution of cash or other property by any insured depository institution or company to its owners made on account of that ownership, but not including— "(I) any dividend consisting only of shares of the institution or company or rights to purchase such shares; or "(ID any amount paid on the deposits of a mutual or cooperative institution that the appropriate Federal banking agency determines is not a distribution for purposes of this section; "(ii) a payment by an insured depository institution or company to repurchase, redeem, retire, or otherwise acquire any of its shares or other ownership interests, including any extension of credit to finance an affiliated company's acquisition of those shares or interests; or "(iii) a transaction that the appropriate Federal banking agency or the Corporation determines, by order or regulation, to be in substance a distribution of capital to the owners of the insured depository institution or company. "(C) CAPITAL RESTORATION PLAN.— The term 'capital restoration plan' means a plan submitted under subsection (e)(2). "(D) COMPANY.—The term 'company' has the same meaning as in section 2 of the Bank Holding Company Act of 1956. "(E) COMPENSATION. — The term 'compensation' includes any payment of money or provision of any other thing of value in consideration of employment. "(F) RELEVANT CAPITAL MEASURE.—The term 'relevant capital measure' means the measures described in subsection (c). "((jr) REQUIRED MINIMUM LEVEL. — The term 'required minimum level' means, with respect to each relevant capital measure, the minimum acceptable capital level specified by the appropriate Federal banking agency by regulation. "(H) SENIOR EXECUTIVE OFFICER. — The term 'senior executive officer' has the same meaning as the term 'executive officer' in section 22(h) of the Federal Reserve Act. "(I) SUBORDINATED DEBT. —The term 'subordinated debt' means debt subordinated to the claims of general creditors. " (c) CAPITAL STANDARDS.— " (1) RELEVANT CAPITAL MEASURES.— "(A) IN GENERAL.— Except as provided in subparagraph (B)(ii), the capital standards prescribed by each appropriate Federal banking agency shall include— "(i) a leverage limit; and "(ii) a risk-based capital requirement. "(B) OTHER CAPITAL MEASURES.— An appropriate Federal banking agency may, by regulation—

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