(a) Judicial and administrative remedies.
(1) Whenever a bank or bank holding company
fails to follow a directive issued under this subpart, or to submit
or adhere to a capital adequacy plan as required by such directive,
the Board may seek enforcement of the directive, including the capital
adequacy plan, in the appropriate United States district court, pursuant
to section 908 (b)(2)(B)(ii) of ILSA (12 U.S.C. 3907(b)(2)(B)(ii))
and to section 8(i) of the FDIA (12 U.S.C. 1818(i)), in the same manner
and to the same extent as if the directive were a final cease-and-desist
order. Whenever a savings and loan holding company fails to follow
a directive issued under this subpart, or to submit or adhere to a
capital adequacy plan as required by such directive, the Board may
seek enforcement of the directive, including the capital adequacy
plan, in the proper United States district court, or the United States
court of any territory or other place subject to the jurisdiction
of the United States, pursuant to section 10(g)(4) of HOLA (12 U.S.C.
1567a(g)(4)).
8-089.3
(2) The Board, pursuant
to section 910(d) of ILSA (12 U.S.C. 3909(d)), may also assess civil
money penalties for violation of the directive against any bank or
bank holding company and any institution-affiliated party of the bank
or bank holding company, in the same manner and to the same extent
as if the directive were a final cease-and-desist order. The Board,
pursuant to section 10(i) (12 U.S.C. 1467a(i)), may also assess civil
money penalties for violation of the directive against any savings
and loan holding company and any institution-affiliated party of the
savings and loan holding company, in the same manner and to the same
extent as if the directive were a final cease-and-desist order.
8-089.4
(b) Other enforcement actions. A directive may be issued separately, in conjunction with, or in
addition to any other enforcement actions available to the Board,
including issuance of cease-and-desist orders, the approval or denial
of applications or notices, or any other actions authorized by law.
8-089.5
(c) Consideration in application
proceedings. In acting upon any application or notice submitted
to the Board pursuant to any statute administered by the Board, the
Board may consider the progress of a state member bank, bank holding
company, or savings and loan holding company or any subsidiary thereof
in adhering
to any directive or capital adequacy plan required by the Board pursuant
to this subpart, or by any other appropriate banking supervisory agency
pursuant to ILSA. The Board shall consider whether approval or a notice
of intent not to disapprove would divert earnings, diminish capital,
or otherwise impede the bank, bank holding company, or savings and
loan holding company in achieving its required minimum capital level
or complying with its capital adequacy plan.
