Page:United States Statutes at Large Volume 120.djvu/48

 PUBLIC LAW 109–171—FEB. 8, 2006

120 STAT. 17

‘‘(II) The total amount of assessments paid on or after January 1, 1997, by an insured depository institution (including any predecessor) to the Deposit Insurance Fund (and any predecessor deposit insurance fund). ‘‘(III) That portion of assessments paid by an insured depository institution (including any predecessor) that reflects higher levels of risk assumed by such institution. ‘‘(IV) Such other factors as the Corporation may determine to be appropriate. ‘‘(D) NOTICE AND OPPORTUNITY FOR COMMENT.—The Corporation shall prescribe by regulation, after notice and opportunity for comment, the method for the calculation, declaration, and payment of dividends under this paragraph. ‘‘(E) LIMITATION.—The Board of Directors may suspend or limit dividends paid under subparagraph (B), if the Board determines in writing that— ‘‘(i) a significant risk of losses to the Deposit Insurance Fund exists over the next 1-year period; and ‘‘(ii) it is likely that such losses will be sufficiently high as to justify a finding by the Board that the reserve ratio should temporarily be allowed— ‘‘(I) to grow without requiring dividends under subparagraph (B); or ‘‘(II) to exceed the maximum amount established under subsection (b)(3)(B)(i). ‘‘(F) CONSIDERATIONS.—In making a determination under subparagraph (E), the Board shall consider— ‘‘(i) national and regional conditions and their impact on insured depository institutions; ‘‘(ii) potential problems affecting insured depository institutions or a specific group or type of depository institution; ‘‘(iii) the degree to which the contingent liability of the Corporation for anticipated failures of insured institutions adequately addresses concerns over funding levels in the Deposit Insurance Fund; and ‘‘(iv) any other factors that the Board determines are appropriate. ‘‘(G) REVIEW OF DETERMINATION.— ‘‘(i) ANNUAL REVIEW.—A determination to suspend or limit dividends under subparagraph (E) shall be reviewed by the Board of Directors annually. ‘‘(ii) ACTION BY BOARD.—Based on each annual review under clause (i), the Board of Directors shall either renew or remove a determination to suspend or limit dividends under subparagraph (E), or shall make a new determination in accordance with this paragraph. Unless justified under the terms of the renewal or new determination, the Corporation shall be required to provide cash dividends under subparagraph (A) or (B), as appropriate. ‘‘(3) ONE-TIME CREDIT BASED ON TOTAL ASSESSMENT BASE AT YEAR-END 1996.—

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