2015 US Code
Title 12 - Banks and Banking (Sections 1 - 5710)
Chapter 16 - Federal Deposit Insurance Corporation (Sections 1811 - 1835a)
Sec. 1831w - Safety and soundness firewalls applicable to financial subsidiaries of banks
Publication Title | United States Code, 2012 Edition, Supplement 3, 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 16 - FEDERAL DEPOSIT INSURANCE CORPORATION Sec. 1831w - Safety and soundness firewalls applicable to financial subsidiaries of banks |
Contains | section 1831w |
Date | 2015 |
Laws In Effect As Of Date | January 3, 2016 |
Positive Law | No |
Disposition | standard |
Source Credit | Sept. 21, 1950, ch. 967, §2[46], as added Pub. L. 106-102, title I, §121(d)(1), Nov. 12, 1999, 113 Stat. 1380. |
Statutes at Large References | 113 Stat. 1380, 1378 |
Public and Private Laws | Public Law 106-102 |
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An insured State bank may control or hold an interest in a subsidiary that engages in activities as principal that would only be permissible for a national bank to conduct through a financial subsidiary if—
(1) the State bank and each insured depository institution affiliate of the State bank are well capitalized (after the capital deduction required by paragraph (2));
(2) the State bank complies with the capital deduction and financial statement disclosure requirements in section 24a(c) of this title;
(3) the State bank complies with the financial and operational safeguards required by section 24a(d) of this title; and
(4) the State bank complies with the amendments to sections 23A and 23B of the Federal Reserve Act [12 U.S.C. 371c and 371c–1] made by section 121(b) of the Gramm-Leach-Bliley Act.
(b) Preservation of existing subsidiariesNotwithstanding subsection (a), an insured State bank may retain control of a subsidiary, or retain an interest in a subsidiary, that the State bank lawfully controlled or acquired before November 12, 1999, and conduct through such subsidiary any activities lawfully conducted in such subsidiary as of such date.
(c) DefinitionsFor purposes of this section, the following definitions shall apply:
(1) SubsidiaryThe term "subsidiary" means any company that is a subsidiary (as defined in section 1813(w)(4) of this title) of 1 or more insured banks.
(2) Financial subsidiaryThe term "financial subsidiary" has the meaning given the term in section 24a(g) of this title.
(d) Preservation of authority(1) This chapterNo provision of this section shall be construed as superseding the authority of the Federal Deposit Insurance Corporation to review subsidiary activities under section 1831a of this title.
(2) Federal Reserve ActNo provision of this section shall be construed as affecting the applicability of the 20th undesignated paragraph of section 9 of the Federal Reserve Act [12 U.S.C. 335].
(Sept. 21, 1950, ch. 967, §2[46], as added Pub. L. 106–102, title I, §121(d)(1), Nov. 12, 1999, 113 Stat. 1380.)
REFERENCES IN TEXTSection 121(b) of the Gramm-Leach-Bliley Act, referred to in subsec. (a)(4), is section 121(b) of Pub. L. 106–102, title I, Nov. 12, 1999, 113 Stat. 1378, which amended section 371c of this title.
EFFECTIVE DATESection effective 120 days after Nov. 12, 1999, see section 161 of Pub. L. 106–102, set out as an Effective Date of 1999 Amendment note under section 24 of this title.
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