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U.S. Code as of:
01/19/04
Section 1861. Short title and definitions
(a) Short title
This chapter may be cited as the "Bank Service Company Act".
(b) Definitions
For the purpose of this chapter -
(1) the term "appropriate Federal banking agency" shall have
the meaning provided in section 1813(q) of this title;
(2) the term "bank service company" means -
(A) any corporation -
(i) which is organized to perform services authorized by
this chapter; and
(ii) all of the capital stock of which is owned by 1 or
more insured banks; and
(B) any limited liability company -
(i) which is organized to perform services authorized by
this chapter; and
(ii) all of the members of which are 1 or more insured
banks.
(3) the term "Board" means the Board of Governors of the
Federal Reserve System;
(4) the term "depository institution" means an insured bank,
financial institution subject to examination by the Federal Home
Loan Bank Board or the National Credit Union Administration
Board, or a financial institution the accounts or deposits of
which are insured or guaranteed under State law and are eligible
to be insured by the Federal Deposit Insurance Corporation, the
Federal Savings and Loan Insurance Corporation, or the National
Credit Union Administration Board;
(5) the term "insured bank" shall have the meaning provided in
section 1813(h) of this title;
(6) the term "invest" includes any advance of funds to a bank
service company, whether by the purchase of stock, the making of
a loan, or otherwise, except a payment for rent earned, goods
sold and delivered, or services rendered prior to the making of
such payment;
(7) the term "limited liability company" means any company,
partnership, trust, or similar business entity organized under
the law of a State (as defined in section 1813 of this title)
which provides that a member or manager of such company is not
personally liable for a debt, obligation, or liability of the
company solely by reason of being, or acting as, a member or
manager of such company; and
(8) the term "principal investor" means the insured bank that
has the largest dollar amount invested in the equity of a bank
service company. In any case where two or more insured banks have
equal dollar amounts invested in a bank service company, the
company shall, prior to commencing operations, select one of the
insured banks as its principal investor and shall notify the
bank's appropriate Federal banking agency of that choice within 5
business days of its selection.
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