Page:United States Statutes at Large Volume 110 Part 4.djvu/571

 PUBLIC LAW 104-208—SEPT. 30, 1996 110 STAT. 3009-408 any company pursuant to paragraph (3), the bank holding company shall provide written notice of the proposal to the Board, unless the Board determines that no notice or a shorter notice period is appropriate. "(ii) DESCRIPTION OF ACTIVITIES AND TERMS.— ^A notification under this subparagraph shall include a description of the proposed activities and the terms of any proposed acquisition. "(6) RECENTLY ACQUIRED INSTITUTIONS.—Any insured depository institution which has been acquired by a bank holding company during the 12-month period preceding the date on which the company proposes to commence an activity or acquisition pursuant to paragraph (3) may be excluded for purposes of paragraph (4)(B)(ii) if— "(A) the bank holding company has developed a plan for the institution to restore the capital and management of the institution which is acceptable to the appropriate Federal banking agency; and "(B) all such insured depository institutions represent, in the aggregate, less than 10 percent of the aggregate total risk-weighted assets of all insured depository institutions controlled by the bank holding company. "(7) ADJUSTMENT OF PERCENTAGES. —The Board may, by regulation, adjust the percentages and the manner in which the percentages of insured depository institutions are calculated under paragraph (4)(B)(i), (4)(D), or (6)(B) if the Board determines that any such adjustment is consistent with safety and soundness and the purposes of this Act.". (b) DEFINITIONS.— Section 2(o) of the Bank Holding Company Act of 1956 (12 U.S.C. 1841(o)) is amended— (1) by striking paragraph (1) and inserting the following new paragraph: "(1) CAPITAL TERMS.— " (A) INSURED DEPOSITORY INSTITUTIONS.—With respect to insured depository institutions, the terms 'well capitalized', 'adequately capitalized', and 'undercapitalized' have the same meanings as in section 38(b) of the Federal Deposit Insurance Act. "(B) BANK HOLDING COMPANY. — " (i) ADEQUATELY CAPITALIZED. — With respect to a bank holding company, the term 'adequately capitalized' means a level of capitalization which meets or exceeds all applicable Federal regulatory capital standards. "(ii) WELL CAPITALIZED.—^A bank holding company is 'well capitalized' if it meets the required capital levels for well capitalized bank holding companies established by the Board. "(C) OTHER CAPITAL TERMS. — The terms 'Tier 1' and 'risk-weighted assets' have the meanings given those terms in the capital guidelines or regulations established by the Board for bank holding companies."; and (2) by adding at the end the following new paragraphs: "(8) LEAD INSURED DEPOSITORY INSTITUTIONS.— "(A) IN GENERAL. —The term 'lead insured depository institution' means the largest insured depository institution controlled by the subject bank holding company at any

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