§4616. Supervisory actions applicable to significantly undercapitalized regulated entities — Inbound Citations
12 U.S.C. § 4616
Cited by 8 provisions in release 119-102.
Citations to 12 U.S.C. § 4616 as a whole
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(b) The Director shall reclassify as significantly undercapitalized a regulated entity that is classified as undercapitalized (and the regulated entity shall be subject to the provisions of section 4616 of this title) if—(1) the regulated entity does not submit a capital restoration plan that is substantially in compliance with section 4622 of this title within the applicable period or the Director does not approve the capital restoration plan submitted by the regulated entity; or(2) the Director determines that the regulated entity has failed to comply with the capital restoration plan and fulfill the schedule for the plan approved by the Director in any material respect.
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(c) The Director may take, with respect to an undercapitalized regulated entity, any of the actions authorized to be taken under section 4616 of this title with respect to a significantly undercapitalized regulated entity, if the Director determines that such actions are necessary to carry out the purpose of this subchapter.
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(3) Any discretionary supervisory action pursuant to section 4616 of this title except a decision to appoint a conservator under section 4616(b)(6)1 of this title.
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(1) A regulated entity that is not classified as critically undercapitalized and is the subject of a classification under section 4614 of this title or a discretionary supervisory action taken under this subchapter by the Director (other than action to appoint a conservator under section 4616 or 4617 of this title or action under section 46191 of this title) may obtain review of the classification or action by filing, within 10 days after receiving written notice of the Director’s action, a written petition requesting that the classification or action of the Director be modified, terminated, or set aside.
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(d) Except as provided in this section, no court shall have jurisdiction to affect, by injunction or otherwise, the issuance or effectiveness of any classification or action of the Director under this subchapter (other than appointment of a conservator under section 4616 or 4617 of this title or action under section 46191 of this title) or to review, modify, suspend, terminate, or set aside such classification or action.
Citations to §4616(a)(1)
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(II) section 4616(a)(1) of this title with respect to a significantly undercapitalized regulated entity;
Citations to §4616(b)(5)
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(B) is otherwise classified as critically undercapitalized under subsection (b)(3) of this section or section 4616(b)(5)1 of this title.
Citations to §4616(b)(6)
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(3) Any discretionary supervisory action pursuant to section 4616 of this title except a decision to appoint a conservator under section 4616(b)(6)1 of this title.