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U.S. Code as of:
01/19/04
Section 1831w. Safety and soundness firewalls applicable to financial subsidiaries of banks
(a) In general
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 subsidiaries
Notwithstanding subsection (a) of this section, 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) Definitions
For purposes of this section, the following definitions shall
apply:
(1) Subsidiary
The 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 subsidiary
The term "financial subsidiary" has the meaning given the term
in section 24a(g) of this title.
(d) Preservation of authority
(1) This chapter
No 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 Act
No 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].
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