PUBLIC LAW 101-73 —AUG. 9, 1989 103 STAT. 213 "depository institution's", and "depository institutions", respec- tively; (7) in subsections (c), (e), (f), (g), and (i), by striking out "bank" each place such term appears and inserting in lieu thereof "depository institution"; (8) in subsection (j)(l), by striking out the last sentence; (9) in subsection 0X2XA)— (A) by striking out "failure" and inserting in lieu thereof "default"; and (B) by striking out "bank" each place such term appears and inserting in lieu thereof "depository institution"; (10) in subsection (j)(2)(D), by inserting unless such agency determines that an emergency exists," after "shall,"; (11) in subsection 0X7)- — (A) by striking out "or" at the end of subparagraph (D); (B) by striking out the period at the end of subparagraph (E) and inserting in lieu thereof "; or"; and (C) by adding at the end thereof the following new subparagraph: "(F) the appropriate Federal banking agency determines that the proposed transaction would result in an adverse effect on the Bank Insurance Fund or the Savings Associa- tion Insurance Fund."; (12) by amending subsection (j)(17) to read as follows: "(17) EXCEPTIONS.— Th is subsection shall not apply with re- spect to a transaction which is subject to— "(A) section 3 of the Bank Holding Company Act of 1956; "(B) section 18(c) of this Act; or "(C) section 10 of the Home Owners' Loan Act."; (13) by adding at the end of subsection (j) the following new paragraph: "(18) APPLICABILITY OF CHANGE IN CONTROL PROVISIONS TO OTHER INSTITUTIONS. — For purposes of this subsection, the term 'insured depository institution includes— "(A) any depository institution holding company; and "(B) any other company which controls an insured deposi- tory institution and is not a depository institution holding company,"; ' (14) by adding at the end thereof the following new subsec- tion: " (1) DESIGNATION OF FUND MEMBERSHIP FOR NEWLY INSURED DEPOSITORY INSTITUTIONS; DEFINITIONS.—For purposes of this sec- tion: "(1) BANK INSURANCE FUND. — Any institution which— "(A) becomes sm insured depository institution; and "(B) does not become a Savings Association Insurance , - Fund member pursuant to paragraph (2), ^ shall be a Bank Insurance Fund member. "(2) SAVINGS ASSOCIATION INSURANCE FUND. —Any savings association, other than any Federal savings bank chartered pursuant to section 5(o) of the Home Owners' Loan Act, which becomes an insured depository institution shall be a Savings Association Insurance Fund member. "(3) TRANSITION PROVISION. — "(A) BANK INSURANCE FUND. —Any depository institution the deposits of which were insured by the Federal Deposit ^ Insurance Corporation on the day before the date of the
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