Page:United States Statutes at Large Volume 105 Part 3.djvu/394

 105 STAT. 2278 PUBLIC LAW 102-242—DEC. 19, 1991 "(A) evaluate the likely impact of the means of resolution, and any action which the Corporation may take in connection with such resolution, on the viability of other insured depository institutions in the same community; and "(B) take such evaluation into account in determining the means for resolving the institution and establishing the terms and conditions for any such action.". (2) CLERICAL AMENDMENT.—The heading for section 11(h) of the Federal Deposit Insurance Act (12 U.S.C. 1821(h)) is amended by striking "LIQUIDATION" and inserting "RESOLU- TION". (e) ASSISTANCE BEFORE APPOINTMENT OF CONSERVATOR OR RE- CEIVER. — Section 13(c) of the Federal Deposit Insurance Act (12 U.S.C. 1823(c)) is amended by redesignating paragraphs (8), (9), and (10) (as so redesignated by subsection (a)(1)(A) of this section), as paragraphs (9), (10), and (11), respectively, and by inserting after paragraph (7) the following new paragraph: " (8) ASSISTANCE BEFORE APPOINTMENT OF CONSERVATOR OR RE- CEIVER.— "(A) IN GENERAL. —Subject to the least-cost provisions of paragraph (4), the Corporation shall consider providing direct financial assistance under this section for depository institutions before the appointment of a conservator or receiver for such institution only under the following circumstances: "(i) TROUBLED CONDITION CRITERIA. — The Corporation determines— "(I) grounds for the appointment of a conservator or receiver exist or likely will exist in the future unless the depository institution's capital levels are increased; and "(II) it is unlikely that the institution can meet all currently applicable capital standards without assistance, " (ii) OTHER CRITERIA. —The depository institution meets the following criteria: "(I) The appropriate Federal banking agency and the Corporation have determined that, during such period of time preceding the date of such determination as the agency or the Corporation considers to be relevant, the institution's management has been competent and has complied with applicable laws, rules, and supervisory directives and orders. "(II) The institution's management did not engage in any insider dealing, speculative practice, or other abusive activity. Federal "(B) PuBLic DISCLOSURE. —Any determination under this Register, paragraph to provide assistance under this section shall be publication. made in writing and published in the Federal Register.". (f) DEFINITIONS.— Section 3(m) of the Federal Deposit Insurance Act (12 U.S.C. 1813(m)) is amended by adding at the end the following new paragraphs: "(3) UNINSURED DEPOSITS.— The term 'uninsured deposit' means the amount of any deposit of any depositor at any insured depository institution in excess of the amount of the

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