A bill to strengthen and refine the provisions of the Federal Home Loan Bank Act, the Home Owners' Loan Act of 1933 and the National Housing Act, to provide for more flexible premium assessment procedures, to improve insurance of accounts provisions, to establish priorities among claimants against the estates of failed institutions, to improve and clarify enforcement authority, to strengthen change of control and holding company provisions, and for other purposes.
Insured Institutions Improvements Act of 1984 - Title I: Insurance of Accounts - Savings Insurance Protection Act of 1984 - Amends the National Housing Act to authorize the Federal Savings and Loan Insurance Corporation (FSLIC) to establish classes of accounts and to determine whether accounts in any such class constitute insured accounts.
Authorizes the FSLIC to assess an additional premium against institutions which engage in activities not authorized for Federal associations or which exceed certain percentage-of-assets limitations.
Title II: Enforcement - Savings Institutions Enforcement Act of 1984 - Amends the National Housing Act to extend the authority of the FSLIC concerning cease and desist proceedings to include institution-related parties that it determines are engaging in an unsafe or unsound practice in conducting the business of an insured institution.
Requires the FSLIC to show some dissipation of assets or some weakening of an insured institution (currently a substantial dissipation of assets or a serious weakening) in order to constitute grounds for issuing a temporary cease and desist order.
Revises provisions dealing with the suspension or removal of directors and officers and with civil penalties assessed against violators of cease and desist orders. Authorizes petitions for injunctive relief against violators.
Title III: Payment of Insurance - Insurance Amendments of 1984 - Amends the National Housing Act to state that the FSLIC, where it pays insurance on accounts of a defaulted institution, shall be subrogated to all rights of the insured member to the extent of such payment.
Permits the FSLIC to withhold payment of insurance to insured depositors to the extent of any liability as stockholder or any liability to the institution or the receiver (other than a liability as borrower under a note that has not defaulted).
Title IV: Receivership Powers, Automatic Stay, and Priorities - Receivership Improvement Act of 1984 - Amends the National Housing Act to provide that the FSLIC, in connection with its activities as receiver, shall not be required to furnish bond, but may employ necessary personnel and pay related expenses from the receivership funds. Provides for an automatic stay on claims against the receiver with specified exceptions. Establishes priorities among claimants against the estates of failed institutions.
Title V: Change in Control Amendments - Change in Control Amendments of 1984 - Authorizes the FSLIC to issue a conditional approval of a change in control of a savings and loan holding company.
Sets forth penalties for violations of approved conditions of change in control.
Extends to ten days the time within which the FSLIC must notify the proposed acquisitor after a decision to disapprove a proposed change in control.
Requires the acquisition notice filed with the FSLIC to include a detailed business plan for the association for three years after acquisition.
Adds to the list of conditions under which the FSLIC may disapprove a change of control.
Title VI: Holding Companies - Holding Company Amendments of 1984 - Amends the National Housing Act to extend the definition of "uninsured institution" to include any deposit or account taking organization, other than a Federal savings bank, which is not insured by the FSLIC.
Changes the definition of "control" to include a person who directly, indirectly, or acting in concert with another person or through a subsidiary has contributed more than 25 percent of the capital of such institution.
Prohibits savings and loan holding companies from directly or indirectly engaging in the activities of an underwriter or market-maker in: (1) equity securities; or (2) debt securities other than those secured by interests in real estate or that are eligible to be underwritten by national banks.
Sets forth certain prohibited transactions between insured institutions and their savings and loan holding companies and affiliates.
Sets forth conditions under which the FSLIC shall not approve any holding company acquisition.
Prohibits the FSLIC from approving a transaction which would result in a savings and loan holding company that is itself uninsured or that has control of an uninsured institution, unless certain conditions are met.
Title VII: Qualified Thrift Lenders - Qualified Thrift Lender Act of 1984 - Amends the National Housing Act to set forth the conditions for FSLIC insurance of qualified thrift lenders, including State-chartered mutual savings banks and FDIC-insured stock savings banks.
Amends the Federal Home Loan Bank Act to limit to qualified thrift lenders eligibility for Federal Home Loan Bank advances by members with insured deposits.
Sets forth limitations on the investment authority of a qualified thrift lender.
Sets forth conditions concerning branching and emergency thrift acquisitions.
Title VIII: Miscellaneous - Amends the Federal Home Loan Bank Act to make applicable to the Federal Home Loan Bank Board and the FSLIC travel and subsistence expenses provisions which are applicable to the Securities and Exchange Commission.
Amends the Home Owners' Loan Act of 1933 to permit Federal associations to accept demand deposits without limitation.
Eliminates the requirement that negotiable order of withdrawal (NOW) accounts be issued only to individuals or to non-business type organizations.
Read twice and referred to the Committee on Banking.
Introduced in House
Introduced in House
Referred to House Committee on Banking, Finance and Urban Affairs.
Referred to Subcommittee on Financial Institutions Supervision, Regulation and Insurance.
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