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Public Law 111-203 including PTFA amendments

Page 751

Public Law 111-203 including PTFA amendments · 2026-09-26 edition · updated 2026-09-27 · California

PUBLIC LAW 111–203—JULY 21, 2010 124 STAT. 2125

(A) an exceptional and broad reduction in the general
ability of financial market participants—
(i) to sell financial assets without an unusual and
significant discount; or
(ii) to borrow using financial assets as collateral
without an unusual and significant increase in margin;
or
(B) an unusual and significant reduction in the ability
of financial market participants to obtain unsecured credit.
(4) SOLVENT.—The term ‘‘solvent’’ means that the value
of the assets of an entity exceed its obligations to creditors.

SEC. 1106. ADDITIONAL RELATED AMENDMENTS. 12 USC 5613.
(a) SUSPENSION OF PARALLEL FEDERAL DEPOSIT INSURANCE ACT
AUTHORITY.—Effective upon the date of enactment of this section, Effective date.
the Corporation may not exercise its authority under section
13(c)(4)(G)(i) of the Federal Deposit Insurance Act (12 U.S.C.
1823(c)(4)(G)(i)) to establish any widely available debt guarantee
program for which section 1105 would provide authority.
(b) FEDERAL DEPOSIT INSURANCE ACT.—Section 13(c)(4)(G) of
the Federal Deposit Insurance Act (12 U.S.C. 1823(c)(4)(G)) is
amended—
(1) in clause (i)—
(A) in subclause (I), by inserting ‘‘for which the Cor-
poration has been appointed receiver’’ before ‘‘would have
serious’’; and
(B) in the undesignated matter following subclause
(II), by inserting ‘‘for the purpose of winding up the insured
depository institution for which the Corporation has been
appointed receiver’’ after ‘‘provide assistance under this
section’’; and
(2) in clause (v)(I), by striking ‘‘The’’ and inserting ‘‘Not
later than 3 days after making a determination under clause
(i), the’’.
(c) EFFECT OF DEFAULT ON AN FDIC GUARANTEE.—If an insured
depository institution or depository institution holding company
(as those terms are defined in section 3 of the Federal Deposit
Insurance Act) participating in a program under section 1105, or
any participant in a debt guarantee program established pursuant
to section 13(c)(4)(G)(i) of the Federal Deposit Insurance Act defaults
on any obligation guaranteed by the Corporation after the date
of enactment of this Act, the Corporation shall—
(1) appoint itself as receiver for the insured depository
institution that defaults; and
(2) with respect to any other participating company that
is not an insured depository institution that defaults—
(A) require—
(i) consideration of whether a determination shall
be made, as provided in section 203 to resolve the
company under section 202; and
(ii) the company to file a petition for bankruptcy Deadline.
under section 301 of title 11, United States Code, if

LAWS the Corporation is not appointed receiver pursuant to section 202 within 30 days of the date of default; orPUBLIC with on anorris VerDate Nov 24 2008 22:28 Sep 03, 2010 Jkt 089139 PO 00203 Frm 00751 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL203.111 PUBL203

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▸Contents — Public Law 111-203 including PTFA amendments

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