Page:United States Statutes at Large Volume 105 Part 3.djvu/372

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105 STAT. 2256. PUBLIC LAW 102-242—DEC. 19, 1991 " (e) PROVISIONS APPLICABLE TO UNDERCAPITALIZED INSTITUTIONS.— "(1) MONITORING REQUIRED. —Each appropriate Federal banking agency shall— "(A) closely monitor the condition of any undercapitalized insured depository institution; "(B) closely monitor compliance with capital restoration plans, restrictions, and requirements imposed under this section; and "(C) periodically review the plan, restrictions, and requirements applicable to any undercapitalized insured depository institution to determine whether the plan, restrictions, and requirements are achieving the purpose of this section. "(2) CAPITAL RESTORATION PLAN REQUIRED. — "(A) IN GENERAL.— Any undercapitalized insured depository institution shall submit an acceptable capital restoration plan to the appropriate Federal banking agency within the time allowed by the agency under subparagraph (D). "(B) CONTENTS OF PLAN.— The capital restoration plan shall— "(i) specify— "(I) the steps the insured depository institution will take to become adequately capitalized; "(II) the levels of capital to be attained during each year in which the plan will be in effect; "(III) how the institution will comply with the restrictions or requirements then in effect under this section; and "(IV) the types and levels of activities in which the institution will engage; and r "(ii) contain such other information as the approi. priate Federal banking agency may require. "(C) CRITERIA FOR ACCEPTING PLAN.— The appropriate Federal banking agency shall not accept a capital restoration plan unless the agency determines that— "(i) the plan— "(I) complies with subparagraph (B); "(II) is based on realistic assumptions, and is likely to succeed in restoring the institution's capital; and "(III) would not appreciably increeuse the risk (including credit risk, interest-rate risk, and other types of risk) to which the institution is exposed; and "(ii) if the insured depository institution is undercapitalized, each company having control of the institution has— "(I) guaranteed that the institution will comply with the plan until the institution has been adequately capitalized on average during each of 4 consecutive calendar quarters; and "(II) provided appropriate assurances of performance. Regulations. "(D) DEADLINES FOR SUBMISSION AND REVIEW OF PLANS.— The appropriate Federal banking agency shall by regulation establish deadlines that—