§ 4622. Capital restoration plans
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/usc/title-12/section-4622A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Contents Each capital restoration plan submitted under this subchapter shall set forth a feasible plan for restoring the core capital of the regulated entity subject to the plan to an amount not less than the minimum capital level for the regulated entity and for restoring the total capital of the regulated entity to an amount not less than the risk-based capital level for the regulated entity. Each capital restoration plan shall—
(1)specify the level of capital the regulated entity will achieve and maintain;
(2)describe the actions that the regulated entity will take to become classified as adequately capitalized;
(3)establish a schedule for completing the actions set forth in the plan;
(4)specify the types and levels of activities (including existing and new programs) in which the regulated entity will engage during the term of the plan; and
(5)describe the actions that the regulated entity will take to comply with any mandatory and discretionary requirements imposed under this subchapter.
(b)Deadlines for submission The Director shall, by regulation, establish a deadline for submission of a capital restoration plan, which may not be more than 45 days after the regulated entity is notified in writing that a plan is required. The regulations shall provide that the Director may extend the deadline to the extent that the Director determines it necessary. Any extension of the deadline shall be in writing and for a time certain.
(c)Approval The Director shall review each capital restoration plan submitted under this section and, not later than 30 days after submission of the plan, approve or disapprove the plan. The Director may extend the period for approval or disapproval for any plan for a single additional 30-day period if the Director determines it necessary. The Director shall provide written notice to any regulated entity submitting a plan of the approval or disapproval of the plan (which shall include the reasons for any disapproval of the plan) and of any extension of the period for approval or disapproval.
(d)Resubmission If the Director disapproves the initial capital restoration plan submitted by the regulated entity, the regulated entity shall submit an amended plan acceptable to the Director within 30 days or such longer period that the Director determines is in the public interest.
(Pub. L. 102–550, title XIII, § 1369C, Oct. 28, 1992, 106 Stat. 3985; Pub. L. 110–289, div. A, title I, § 1145(b)(2), July 30, 2008, 122 Stat. 2767.)
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Cited by 28 sections · top 19
U.S. Code
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5 references not yet in our index
- Pub. L. 102–550, title XIII, § 1369C
- 106 Stat. 3985
- Pub. L. 110–289, div. A, title I, § 1145(b)(2)
- 122 Stat. 2767
- Pub. L. 110–289
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§ 4622
Capital restoration plans
Fed. Reg.×12
U.S.C.×8
Bills×3
C.F.R.×2
Stat.×2
Stat. Comp.×1
Pub. L.Pub. L. 102–550, title XIII, § 1369C
Stat.106 Stat. 3985
Pub. L.Pub. L. 110–289, div. A, title I, § 1145(b)(2)
Stat.122 Stat. 2767
Pub. L.Pub. L. 110–289
Cites 5Cited by 28 across 6 sources