§ 4616. Supervisory actions applicable to significantly undercapitalized regulated entities
(a)
Mandatory supervisory actions
(2)
Restrictions on capital distributions
(A)
Prior approval
A regulated entity that is classified as significantly undercapitalized may not make any capital distribution that would result in the regulated entity being reclassified as critically undercapitalized. A regulated entity that is classified as significantly undercapitalized may not make any other capital distribution unless the Director approves the distribution.
(B)
Standard for approval
The Director may approve a capital distribution by a regulated entity classified as significantly undercapitalized only if the Director determines that the distribution
(i)
will enhance the ability of the regulated entity to meet the risk-based capital level and the minimum capital level for the regulated entity promptly,
(b)
Specific actions
In addition to any other actions taken by the Director (including actions under subsection (a) of this section), the Director shall carry out this section by taking, at any time, 1 or more of the following actions with respect to a regulated entity that is classified as significantly undercapitalized:
(1)
Limitation on increase in obligations
Limit any increase in, or order the reduction of, any obligations of the regulated entity, including off-balance sheet obligations.
(2)
Limitation on growth
Limit or prohibit the growth of the assets of the regulated entity or require contraction of the assets of the regulated entity.
(3)
Acquisition of new capital
Require the regulated entity to acquire new capital in a form and amount determined by the Director.
(4)
Restriction of activities
Require the regulated entity to terminate, reduce, or modify any activity that the Director determines creates excessive risk to the regulated entity.
(5)
Improvement of management
Take 1 or more of the following actions:
(B)
Dismissal of directors or executive officers
Require the regulated entity to dismiss from office any director or executive officer who had held office for more than 180 days immediately before the date on which the regulated entity became undercapitalized. Dismissal under this subparagraph shall not be construed to be a removal pursuant to the enforcement powers of the Director under section
4636a of this title.
(6)
Reclassification from significantly to critically undercapitalized
The Director may reclassify as critically undercapitalized a regulated entity that is classified as significantly undercapitalized (and the regulated entity shall be subject to the provisions of section
4617 of this title) if—
(A)
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
(c)
Restriction on compensation of executive officers
A regulated entity that is classified as significantly undercapitalized in accordance with section
4614 of this title may not, without prior written approval by the Director—
(2)
provide compensation to any executive officer at a rate exceeding the average rate of compensation of that officer (excluding bonuses, stock options, and profit sharing) during the 12 calendar months preceding the calendar month in which the regulated entity became significantly undercapitalized.