Page:United States Statutes at Large Volume 122.djvu/2762

 12 2 STA T . 2 739PUBLIC LA W 11 0– 2 8 9 —J UL Y 30, 2008 rightsandcl ai m s that th e st o c k holders and creditors o f the reg u lated entit y may ha v e against the assets or charter of the regulated entity or the A gency arising as a result of their status as stockholders or creditors , e x ce p t for their right to payment, resolution, or other satisfaction of their claims, as permitted under su b- sections ( b ) ( 9 ), (c), and (e) .‘ ‘(ii) A S S ET S OFR E GULA TE D E N T I T Y . —N ot w ith- standing any other provision of law, for purposes of this section, the charter of a regulated entity shall not be considered an asset of the regulated entity. ‘‘( 3 ) AUT H ORITY OF RE C EI V ER TO DETER M INE CLAIMS.— ‘‘(A) I N GENERAL.— T he Agency may, as receiver, deter- mine claims in accordance with the re q uirements of this subsection and any regulations prescribed under paragraph ( 4 ). ‘‘( B ) NOTICE RE Q UIREMENTS.—The receiver, in any case involving the liquidation or winding up of the affairs of a closed regulated entity, shall— ‘‘(i) promptly publish a notice to the creditors of the regulated entity to present their claims, together with proof, to the receiver by a date specified in the notice which shall be not less than 9 0 days after the date of publication of such notice and ‘‘(ii) republish such notice approximately 1 month and 2 months, respectively, after the date of publication under clause (i). ‘‘( C ) M AILING REQUIRED.—The receiver shall mail a notice similar to the notice published under subparagraph (B)(i) at the time of such publication to any creditor shown on the books of the regulated entity— ‘‘(i) at the last address of the creditor appearing in such books; or ‘‘(ii) upon discovery of the name and address of a claimant not appearing on the books of the regulated entity, within 30 days after the discovery of such name and address. ‘‘(4) R ULEMA K ING AUTHORITY RELATING TO DETERMINATION OF CLAIMS.— S ub j ect to subsection (c), the D irector may pre- scribe regulations regarding the allowance or disallowance of claims by the receiver and providing for administrative deter- mination of claims and review of such determination. ‘‘( 5 ) P ROCEDURES FOR DETERMINATION OF CLAIMS.— ‘‘(A) DETERMINATION P ERIOD.— ‘‘(i) IN GENERAL.—Before the end of the 1 8 0-day period beginning on the date on which any claim against a regulated entity is filed with the Agency as receiver, the Agency shall determine whether to allow or disallow the claim and shall notify the claim- ant of any determination with respect to such claim. ‘‘(ii) EX TENSION OF TIME.—The period described in clause (i) may be extended by a written agreement between the claimant and the Agency. ‘‘(iii) MAILING OF NOTICE SUFFICIENT.—The require- ments of clause (i) shall be deemed to be satisfied if the notice of any determination with respect to any Deadlin e .Not i f i c ation. Deadline. Notice. Pub lication. Deadline.

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