Laws: Cases and Codes : U.S. Code : Title 12 : Section 3105
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U.S. Code as of:
01/19/04
Section 3105 - Notes
SOURCE
(Pub. L. 95-369, Sec. 7, Sept. 17, 1978, 92 Stat. 620; Pub. L.
102-242, title II, Secs. 202(a), 203(a), 214(b), Dec. 19, 1991, 105
Stat. 2286, 2291, 2304; Pub. L. 102-550, title XV, Sec. 1507, title
XVI, Sec. 1604(a)(1), (2), (12), (13), Oct. 28, 1992, 106 Stat.
4056, 4081-4083; Pub. L. 103-328, title I, Sec. 107(e)(1), Sept.
29, 1994, 108 Stat. 2360; Pub. L. 104-208, div. A, title II, Sec.
2214, Sept. 30, 1996, 110 Stat. 3009-411.)
REFERENCES IN TEXT
Section 371b-1 of this title, referred to in subsec. (a)(1)(A),
was repealed by Pub. L. 96-221, title V, Sec. 529, Mar. 31, 1980,
94 Stat. 168, subject to a savings provision.
Sections 461, 463, 464, 465, and 466 of this title, referred to
in subsec. (a)(1)(A), was in the original "section 19 of the
Federal Reserve Act." Provisions of section 19 relating to minimum
and maximum reserve ratios are classified to the cited sections.
For complete classification of section 19 to the Code, see
References in Text note set out under section 461 of this title.
For definition of "this chapter", referred to in subsecs.
(d)(3)(C), (4) and (e)(1), see References in Text note set out
under section 3101 of this title.
The Bank Holding Company Act of 1956, referred to in subsecs.
(d)(3)(C) and (e)(1)(B)(ii), is act May 9, 1956, ch. 240, 70 Stat.
133, as amended, which is classified principally to chapter 17
(Sec. 1841 et seq.) of this title. For complete classification of
this Act to the Code, see Short Title note set out under section
1841 of this title and Tables.
The Federal Deposit Insurance Act, referred to in subsec.
(e)(1)(B)(ii), is act Sept. 21, 1950, ch. 967, Sec. 2, 64 Stat.
873, as amended, which is classified generally to chapter 16 (Sec.
1811 et seq.) of this title. For complete classification of this
Act to the Code, see Short Title note set out under section 1811 of
this title and Tables.
CODIFICATION
Section is comprised of section 7 of Pub. L. 95-369. Subsec. (b)
of section 7 of Pub. L. 95-369 amended section 347d of this title.
AMENDMENTS
1996 - Subsec. (c). Pub. L. 104-208, Sec. 2214(a)(1), inserted
heading.
Subsec. (c)(1)(B)(iii). Pub. L. 104-208, Sec. 2214(a)(2), added
cl. (iii).
Subsec. (c)(1)(C). Pub. L. 104-208, Sec. 2214(a)(3), added
subpar. (C) and struck out heading and text of former subpar. (C).
Text read as follows: "Each branch or agency of a foreign bank
shall be examined at least once during each 12-month period
(beginning on the date the most recent examination of such branch
or agency ended) in an on-site examination."
Subsec. (c)(1)(D). Pub. L. 104-208, Sec. 2214(a)(4), inserted ",
only to the same extent that fees are collected by the Board for
examination of any State member bank" before period at end.
Subsec. (d)(2). Pub. L. 104-208, Sec. 2214(b)(1), substituted
"Except as provided in paragraph (6), the Board" for "The Board".
Subsec. (d)(5). Pub. L. 104-208, Sec. 2214(b)(2), substituted
"The Board" for "Consistent with the standards for approval in
paragraph (2), the Board".
Subsec. (d)(6), (7). Pub. L. 104-208, Sec. 2214(b)(3), added
pars. (6) and (7).
Subsec. (e)(1)(A). Pub. L. 104-208, Sec. 2214(c), designated
existing provisions as cl. (i), substituted "and" for "or" at end,
and added cl. (ii).
1994 - Subsec. (k). Pub. L. 103-328 added subsec. (k).
1992 - Subsec. (e)(6)(A). Pub. L. 102-550, Sec. 1604(a)(1)(A),
substituted "against which -
"(i) the Board has issued an order under paragraph (1); or
"(ii) the Comptroller of the Currency has issued an order under
section 3102(i) of this title,
or a refusal by such office or subsidiary" for "against which the
Board or, in the case of an order issued under section 3102(i) of
this title, the Comptroller of the Currency has issued an order
under paragraph (1) or a refusal by such office or subsidiary".
Subsec. (e)(6)(B). Pub. L. 102-550, Sec. 1604(a)(1)(B),
substituted "order referred to in subparagraph (A)" for "order
issued under paragraph (1)".
Subsec. (e)(7). Pub. L. 102-550, Sec. 1604(a)(2), substituted
"public" for "publc".
Subsec. (i). Pub. L. 102-550, Sec. 1507, added subsec. (i).
Subsec. (j). Pub. L. 102-550, Sec. 1604(a)(12), made technical
amendment to directory language of Pub. L. 102-242, Sec. 214(b).
See 1991 Amendment note below.
Subsec. (j)(1). Pub. L. 102-550, Sec. 1604(a)(13), substituted
"Supervisory Committee" for "Supervisory committee".
1991 - Subsec. (c). Pub. L. 102-242, Sec. 203(a), added par. (1),
inserted heading for par. (2), and struck out former par. (1) which
read as follows: "The Board may make examinations of each branch or
agency of a foreign bank, and of each commercial lending company or
bank controlled by one or more foreign banks or by one or more
foreign companies that control a foreign bank, the cost of which
shall be assessed against and paid by such foreign bank or company,
as the case may be. The Board shall, insofar as possible, use the
reports of examinations made by the Comptroller, the Federal
Deposit Insurance Corporation, or the appropriate State bank
supervisory authority for the purposes of this subsection."
Subsecs. (d) to (h). Pub. L. 102-242, Sec. 202(a), added subsecs.
(d) to (h) and struck out former subsec. (d) which read as follows:
"On or before two years after September 17, 1978, the Board after
consultation with the appropriate State bank supervisory
authorities shall report to the Committee on Banking, Finance and
Urban Affairs of the United States House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the United
States Senate its recommendations with respect to the
implementation of this chapter, including any recommended
requirements such as limitations on loans to affiliates or capital
adequacy requirements which should be imposed on foreign banks to
carry out the purposes of this chapter. Not later than one hundred
and eighty days after September 17, 1978, the Board shall report to
such Committees the steps which have been taken to consult and
cooperate with State bank supervisory authorities as required by
subsection (a)(1)(B) of this section."
Subsec. (j). Pub. L. 102-242, Sec. 214(b), as amended by Pub. L.
102-550, Sec. 1604(a)(12), added subsec. (j).
CHANGE OF NAME
Committee on Banking, Finance and Urban Affairs of House of
Representatives treated as referring to Committee on Banking and
Financial Services of House of Representatives by section 1(a) of
Pub. L. 104-14, set out as a note preceding section 21 of Title 2,
The Congress. Committee on Banking and Financial Services of House
of Representatives abolished and replaced by Committee on Financial
Services of House of Representatives, and jurisdiction over matters
relating to securities and exchanges and insurance generally
transferred from Committee on Energy and Commerce of House of
Representatives by House Resolution No. 5, One Hundred Seventh
Congress, Jan. 3, 2001.
EFFECTIVE DATE OF 1994 AMENDMENT
Section 107(e)(2) of Pub. L. 103-328 provided that: "The
amendment made by paragraph (1) [amending this section] shall
become effective at the end of the 180-day period beginning on the
date of enactment of this Act [Sept. 29, 1994]."
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 347d, 372, 461, 1813,
1820, 3102, 3103, 3107 of this title.
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