Page:United States Statutes at Large Volume 108 Part 3.djvu/450

 108 STAT. 2202 PUBLIC LAW 103-325—SEPT. 23, 1994 business loans and leases of personal property with recourse does not exceed the aggregate amount of capital and reserves that would be required under subsection (b). (2) EXISTING TRANSACTIONS NOT AFFECTED. —Notwithstanding paragraph (1), this section shall remain in effect with respect to transfers of small business loans and leases of personal property with recourse by qualified insured depository institutions occurring before the effective date of regulations referred to in paragraph (1). (i) DEFINITIONS.— For purposes of this section— (1) the term "adequately capitalized" has the same meaning as in section 38(b) of the Federal Deposit Insurance Act; (2) the term "appropriate Federal banking agency" has the same meaning as in section 3 of the Federal Deposit Insurance Act; (3) the term "capital standards" has the same meaning as in section 38(c) of the Federal Deposit Insurance Act; (4) the term "Federal banking agencies" has the same meaning as in section 3 of the Federal Deposit Insurance Act; (5) the term "insured depository institution" has the same meaning as in section 3 of the Federal Deposit Insurance Act; (6) the term "other capital measures" has the meaning as in section 38(c) of the Federal Deposit Insurance Act; (7) the term "recourse" has the meaning given to such term under generally accepted accounting principles; (8) the term "small business" means a business that meets the criteria for a small business concern established by the Small Business Administration under section 3(a) of the Small Business Act; and (9) the term "well capitalized" has the same meaning as in section 38(b) of the Federal Deposit Insurance Act. 15 USC 78b note. SEC. 209. JOINT STUDY ON THE IMPACT OF ADDITIONAL SECURITIES BASED ON POOLED OBLIGATIONS. (a) JOINT STUDY REQUIRED. —The Board and the Commission shall conduct a joint study of the impact of the provisions of this subtitle (including the amendments made by this subtitle) on the credit and securities markets. Such study shall evaluate— (1) the impact of the provisions of this subtitle on the availability of credit for business and commercial enterprises in general, and the availability of credit in particular for— (A) businesses in low- and moderate-income areas; (B) businesses owned by women and minorities; (C) community development efforts; (D) community development financial institutions; (E) businesses in different geographical regions; and (F) a diversity of t3rpes of businesses; (2) the structure and operation of the markets that develop for small business related securities and commercial mortgage related securities, including the types of entities (such as pension funds and insurance companies) that are significant purchasers of such securities, the extent to which such entities are sophisticated investors, the use of credit enhancements in obtaining investment-grade ratings, any conflicts of interest that arise in such markets, and any adverse effects of such markets on commercial real estate ventures, pension funds, or pension fund beneficiaries;

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