TRANSITIONAL RULES REGARDING CERTAIN LOANS AND EFFECTIVE DATES.

SEC. 305. TRANSITIONAL RULES REGARDING CERTAIN LOANS AND EFFECTIVE DATES. (a) Divestiture of Certain Loans and Investments Not Required.—The limitations on loans and investments contained in section 5(c) of the Home Owners’ Loan Act, as amended by section 301, do not require the divestiture of any loan or investment that was lawful when made under the provisions of such section as those provisions were in effect at the time such loan or investment was made. (b) Loans Secured by Nonresidential Real Property.— (1) In general.—The Director of the Office of Thrift Supervision may, by order, permit a Federal savings association to exceed the limitation set forth in section 5(c)(2)(B)(i) of the Home Owners’ Loan Act during the period beginning on the date of enactment of this Act and ending on June 1, 1991, if the Director determines that— 103 STAT. 352 (A) there is a reasonable prospect that the savings association can be in compliance, not later than June 1, 1991, with the capital standards prescribed under section 5(t) of the Home Owners’ Loan Act; and (B) the increased authority— (i) is consistent with prudent operating practices, and (ii) is in accordance with a plan submitted by the savings association for— (I) an orderly transition to compliance with section 5(c)(2)(B)(i), or (II) an orderly conversion to a bank charter. (2) Other exemptive authority not affected.—The authority granted by paragraph (1) is in addition to any authority of the Director under section 5(c)(2)(B)(ii) of the Home Owners’ Loan Act. (c) Effective Date.—The amendments made by section 301 relating to civil penalties shall apply with respect to violations committed and activities engaged in after the date of the enactment of this Act, except that the increased maximum civil penalties of $5,000 and $25,000 per violation or per day may apply to such violations or activities committed or engaged in before such date with respect to an institution if such violations or activities— (1) are not already subject to a notice issued by the appropriate Federal banking agency or the Board (initiating an administrative proceeding); and (2) occurred after the completion of the last report of examination of the institution by the appropriate Federal banking agency (as defined in section 3 of the Federal Deposit Insurance Act) occurring before the date of the enactment of this Act.