Page:United States Statutes at Large Volume 122.djvu/3817

 12 2 STA T .3794PUBLIC LA W 11 0– 343 —O CT. 3 , 200 8‘ ‘ (i)byus i ngthe te rm s‘ F e d er alD e po sit ’, ‘Federal Deposit I nsuran c e’, ‘Federal Deposit Insurance C or - poration’, any combination o f such terms, or the abbre- v iation ‘FDIC’ as part of the business name or firm name of any person, including any corporation, part- nership, business trust, association, or other business entity or ‘‘(ii) by using such terms or any other terms, sign, or symbol as part of an advertisement, solicitation, or other document . ‘‘( B ) PROHIB I T IO N ON M I S R EP RESENT A TIONS O F INS U RE D STATUS. —N o person may k no w ingly misrepresent— ‘‘(i) that any deposit liability, obligation, certificate, or share is insured, under this A ct, if such deposit liability, obligation, certificate, or share is not so insured; or ‘‘(ii) the e x tent to which or the manner in which any deposit liability, obligation, certificate, or share is insured under this Act, if such deposit liability, obligation, certificate, or share is not so insured, to the extent or in the manner represented. ‘‘(C) AUTHORIT Y OF THE APPROPRIATE FEDERA L BAN K IN G AGEN C Y.— T he appropriate Federal banking agency shall have enforcement authority in the case of a violation of this paragraph by any person for which the agency is the appropriate Federal banking agency, or any institution- affiliated party thereof. ‘‘(D) CORPORATION AUTHORITY IF THE APPROPRIATE FED- ERAL BANKING AGENCY FAILS TO FOLLO W RECOMMENDA- TION.— ‘‘(i) R ECOMMENDATION.—The Corporation may rec- ommend in writing to the appropriate Federal banking agency that the agency take any enforcement action authori z ed under section 8 for purposes of enforcement of this paragraph with respect to any person for which the agency is the appropriate Federal banking agency or any institution-affiliated party thereof. ‘‘(ii) AGENCY RESPONSE.—If the appropriate Fed- eral banking agency does not, within 30 days of the date of receipt of a recommendation under clause (i), take the enforcement action with respect to this para- graph recommended by the Corporation or provide a plan acceptable to the Corporation for responding to the situation presented, the Corporation may take the recommended enforcement action against such person or institution-affiliated party. ‘‘( E ) ADDITIONAL AUTHORITY.—In addition to its authority under subparagraphs (C) and (D), for purposes of this paragraph, the Corporation shall have, in the same manner and to the same extent as with respect to a S tate nonmember insured bank— ‘‘(i) j urisdiction over— ‘‘(I) any person other than a person for which another agency is the appropriate Federal banking agency or any institution-affiliated party thereof; and Deadlin e .

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