2014 US Code
Title 12 - Banks and Banking (Sections 1 - 5710)
Chapter 53 - Wall Street Reform and Consumer Protection (Sections 5301 - 5641)
Subchapter I - Financial Stability (Sections 5311 - 5374)
Part C - Additional Board of Governors Authority for Certain Nonbank Financial Companies and Bank Holding Companies (Sections 5361 - 5374)
Sec. 5370 - Safe harbor
| Publication Title | United States Code, 2012 Edition, Supplement 2, Title 12 - BANKS AND BANKING |
| Category | Bills and Statutes |
| Collection | United States Code |
| SuDoc Class Number | Y 1.2/5: |
| Contained Within | Title 12 - BANKS AND BANKING CHAPTER 53 - WALL STREET REFORM AND CONSUMER PROTECTION SUBCHAPTER I - FINANCIAL STABILITY Part C - Additional Board of Governors Authority for Certain Nonbank Financial Companies and Bank Holding Companies Sec. 5370 - Safe harbor |
| Contains | section 5370 |
| Date | 2014 |
| Laws In Effect As Of Date | January 5, 2015 |
| Positive Law | No |
| Disposition | standard |
| Source Credit | Pub. L. 111-203, title I, §170, July 21, 2010, 124 Stat. 1435. |
| Statutes at Large Reference | 124 Stat. 1435 |
| Public and Private Law | Public Law 111-203 |
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The Board of Governors shall promulgate regulations on behalf of, and in consultation with, the Council setting forth the criteria for exempting certain types or classes of U.S. nonbank financial companies or foreign nonbank financial companies from supervision by the Board of Governors.
(b) ConsiderationsIn developing the criteria under subsection (a), the Board of Governors shall take into account the factors for consideration described in subsections (a) and (b) of section 5323 of this title in determining whether a U.S. nonbank financial company or foreign nonbank financial company shall be supervised by the Board of Governors.
(c) Rule of constructionNothing in this section shall be construed to require supervision by the Board of Governors of a U.S. nonbank financial company or foreign nonbank financial company, if such company does not meet the criteria for exemption established under subsection (a).
(d) Revisions(1) In generalThe Board of Governors shall, in consultation with the Council, review the regulations promulgated under subsection (a), not less frequently than every 5 years, and based upon the review, the Board of Governors may revise such regulations on behalf of, and in consultation with, the Council to update as necessary the criteria set forth in such regulations.
(2) Transition periodNo revisions under paragraph (1) shall take effect before the end of the 2-year period after the date of publication of such revisions in final form.
(e) ReportThe Chairman of the Board of Governors and the Chairperson of the Council shall submit a joint report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives not later than 30 days after the date of the issuance in final form of regulations under subsection (a), or any subsequent revision to such regulations under subsection (d), as applicable. Such report shall include, at a minimum, the rationale for exemption and empirical evidence to support the criteria for exemption.
(Pub. L. 111–203, title I, §170, July 21, 2010, 124 Stat. 1435.)
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