Sec. 3. Examination standards
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The Federal Financial Institutions Examination Council Act of 1978 ( 12 U.S.C. 3301 et seq. ), as amended by this Act, is amended by adding at the end the following: In the examination of financial institutions— a commercial loan shall not be placed in non-accrual status solely because the collateral for such loan has deteriorated in value; a modified or restructured commercial loan shall be removed from non-accrual status if the borrower demonstrates the ability to perform on such loan over a maximum period of 6 months, except that with respect to loans on a quarterly, semiannual, or longer repayment schedule such period shall be a maximum of 3 consecutive repayment periods; a new appraisal on a performing commercial loan shall not be required unless an advance of new funds is involved; and in classifying a commercial loan in which there has been deterioration in collateral value, the amount to be classified shall be the portion of the deficiency relating to the decline in collateral value and repayment capacity of the borrower.
The Federal financial institutions regulatory agencies may not require a financial institution that is well capitalized to raise additional capital in lieu of an action prohibited under subsection (a). The Federal financial institutions regulatory agencies shall develop and apply identical definitions and reporting requirements for non-accrual loans. . Section 309(f)(1)(A) of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4806(f)(1)(A)) is amended— in clause (ii), by striking and at the end; and by inserting after clause
(iii)the following: any issue specifically listed in an exam report as a matter requiring attention by the institution’s management or board of directors; and .
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