PUBLIC LAW 95-630—NOV. 10, 1978
92 STAT. 3711
under State law may not convert from the mutual to the stock form of ownership," An association which was formally organized as a savings bank under State law may, to the extent authorized by the Board, continue to carry on any activities it was engaged in on December 31, 1977, and to retain or make any investments of a type it held on that date, except that its equity, corporate bond, and consumer loan investments may not exceed the average ratio of such investments to total assets for the five-year period immediately preceding the filing of an application for conversion and such an association which was formerly organized as a savings bank under State law shall only be permitted to establish branch offices and other facilities in accordance with the limitations imposed by State law controlling applications of a savings bank organized under such State law, provided that such an , association: (1) shall be exempt from any numerical limitations of State law on the establishment of branch offices and other facilities, and (2) may, in any case, subject to the approval of the Board, establish branch offices and other facilities in its own Standard Metropolitan Statistical Area, its own county or within thirty-five miles of its home office, but only in its State of domicile. An association which was formerly organized as a savings bank under State law shall be subject to the requirements of State law (including any regulations promulgated thereunder and any sanction for the violation of any such law or regulation) in effect at the time of conversion, in the State of its original charter— "(1) pertaining to discrimination in the extension of home mortgage loans or adjustment in the terms of mortgage instruments based on neighborhood or geographical area,
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"(2) pertaining to requirements imposed under the Consumer Credit Protection Act, 15 USC 1601 if the Board determines that State law and regulations impose more note, stringent requirements than Federal law and regulations.". SEC. 1203. Section 403(a) of the National Housing Act (12 U.S.C. 1726(a)) is amended by inserting after "Federal savings and loan associations" the following: "and Federal mutual savings banks". SEC. 1204. The first paragraph of section 6(i) of the Home Owners' Loan Act of 1933 (12 U.S.C. 1464(i)) is amended by inserting " (including a savings bank)" after "member of a Federal Home Loan Bank". SEC. 1205. The Federal Deposit Insurance Act is amended by adding at the end thereof the following new section: u CONVERSION o r MUTUAL SAVINGS BANKS
"SEC. 26. With respect to any State-chartered insured mutual sav- Indemnification, ings bank which converts into a Federal savings bank or merges or 12 USC 1831c. consolidates into a Federal savings bank or a savings bank which is (or within sixty days after the merger or consolidation becomes) an insured institution within the meaning of section 401 of the National Housing Act, the Corporation shall indemnify the Federal Savings and Loan Insurance Corporation against any losses incurred by it which arise out of losses incurred by the converting bank prior to conversion as follows: One hundred per centum of such losses incurred by the Federal Savings and Loan Insurance Corporation during the first two years after conversion, 75 per centum during the third year, 50 per centum during the fourth year, and 25 per centum during the fifth year. The Corporation and the Federal Savings and Loan Insurance Corporation shall, within six months after enactment hereof, mutually agree on what shall be treated as 'losses incurred by it which arise out of losses incurred by the converting bank prior to conversion'
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