Laws: Cases and Codes : U.S. Code : Title 12 : Section 1865


   
U.S. Code as of: 01/19/04
Section 1865. Prior approval for investments in bank service companies

    (a) Approval of Federal banking agency
      No insured bank shall invest in the capital stock of a bank
    service company that performs any service under authority of
    subsection (c), (d), or (e) of section 1864 of this title without
    prior notice, as determined by the bank's appropriate Federal
    banking agency.
    (b) Approval of Board
      No insured bank shall invest in the capital stock of a bank
    service company that performs any service under authority of
    section 1864(f) of this title and no bank service company shall
    perform any activity under section 1864(f) of this title without
    the prior approval of the Board.
    (c) Considerations in determining approval
      In determining whether to approve or deny any application for
    prior approval or whether to approve or disapprove any notice under
    this section, the Board or the appropriate Federal banking agency,
    as the case may be, is authorized to consider the financial and
    managerial resources and future prospects of the bank or banks and
    bank service company involved, including the financial capability
    of the bank to make a proposed investment under this chapter, and
    possible adverse effects such as undue concentration of resources,
    unfair or decreased competition, conflicts of interest, or unsafe
    or unsound banking practices.
    (d) Failure to act on application for approval
      In the event the Board or the appropriate Federal banking agency,
    as the case may be, fails to act on any application under this
    section within ninety days of the submission of a complete
    application to the agency, the application shall be deemed
    approved.



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