Page:United States Statutes at Large Volume 103 Part 1.djvu/227

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PUBLIC LAW 101-73—AUG. 9, 1989 103 STAT. 199 "(iii) an entrance fee in an amount to be determined by the Corporation (and eussessed in accordance with subparagraph (F)(ii)), except that— "(I) in the case of a conversion transaction in which the resulting or acquiring depository institu- tion is a Bank Insurance Fund member, the fee shall be the approximate amount which the Cor- poration calculates as necessary to prevent dilu- tion of the Bank Insurance Fund, and shall be paid to the Bank Insureince Fund; and "(II) in the case of a conversion transaction in which the resulting or acquiring depository institu- tion is a Savings Association Insurance Fund member, the fee shall be the approximate amount which the Corporation calculates as necessary to prevent dilution of the Savings Association Insur- ance Fund, and shall be paid to the Savings Association Insurance Fund. "(F) ASSESSMENT OF EXIT AND ENTRANCE FEES. — "(i) DETERMINATION OF AMOUNT OF EXIT FEES.— "(I) CONVERSIONS BEFORE JANUARY i, 1997.—In the case of any exit fee assessed under subpara- graph (E)(i) for any conversion transaction con- summated before January 1, 1997, the amount of such fee shall be determined jointly by the Cor- poration and the Secretary of the Treasury. "(II) ASSESSMENTS AFTER DECEMBER, 31, 1996.—In the case of any exit fee assessed under subpara- graph (E)(i) for any conversion transaction con- summated after December 31, 1996, the amount of such fee shall be determined by the Corporation, "(ii) PROCEDURES. —The Corporation shall prescribe. Regulations. by regulation, procedures for assessing any exit or entrance fee under subparagraph (E). "(G) CHARTER CONVERSION OF SAIF MEMBERS. —Th is subsection shall not be construed as prohibiting any savings association which is a Savings Association Insurance Fund member from converting to a bank charter during the period described in subparagraph (A)(ii) if the resulting bank remains a Savings Association Insurance Fund member. " (3) OPTIONAL CONVERSION THROUGH MERGER. — "(A) IN GENERAL.— Notwithstanding paragraph (2)(A), any bank holding company that controls any savings association may merge or consolidate the assets and liabil- ities of such savings association with, or transfer such assets and liabilities to, any subsidiary bank which is a Bank Insurance Fund member with the approval of the appropriate Federal banking agency and the Board of Gov- ernors of the Federal Reserve System. "(B) ASSESSMENTS BY SAIF ON DEPOSITS ATTRIBUTABLE TO FORMER SAVINGS ASSOCIATION.—That portion of the average assessment base of any subsidiary bank referred to in subparagraph (A) for any semiannual period which is equal to the adjusted attributable deposit amount (determined under subparagraph (C) with respect to the transaction described in subparagraph (A)) shall—