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12 U.S.C. § 1831v — Authority of State insurance regulator and Securities and Exchange Commission

submitted 76 years ago by Pub. L. 106-102 to r/title-12-BANKS-AND-BANKING · 361 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section applies limits on the Federal Reserve Board’s oversight of functionally regulated subsidiaries to Federal banking agencies’ oversight of functionally regulated affiliates. It preserves a Corporation examination power for insurance purposes and defines the relevant terms.

(a) In general. Limits in section 1844(c) on the Federal Reserve Board’s authority to demand reports, examine, impose capital requirements on holding companies and functionally regulated subsidiaries, or defer to other regulators; limits in section 1844(g) on requiring a functionally regulated subsidiary to provide capital, funds, or assets to a depository-institution subsidiary or taking actions such as requiring divestiture; and limits in section 1848a on taking direct or indirect action against holding companies and functionally regulated subsidiaries also limit a Federal banking agency’s authority to demand reports, examine, impose capital requirements, or take other direct or indirect action against a depository institution’s functionally regulated affiliate. The same standards and requirements that apply to the Board under those provisions apply to the Federal banking agency.
(b) Examination exception. This section does not prevent the Corporation from examining a depository institution’s affiliate under section 1820(b)(4) when the Corporation finds the examination necessary to determine the institution’s condition for insurance purposes and to fully show the relationship and its effect on the institution.
(c) Definitions.
(1) “Functionally regulated subsidiary” has the meaning given in section 1844(c)(5). This section does not define that term.
(2) “Functionally regulated affiliate” means, for a depository institution, an affiliate that (A) is not a depository institution holding company and (B) is a company described in any clause of section 1844(c)(5)(B).

the actual law source: uscode.house.gov ↗public domain
(a) In general

Notwithstanding any other provision of law, the provisions of—

(1)

section 1844(c) of this title that limit the authority of the Board of Governors of the Federal Reserve System to require reports from, to make examinations of, or to impose capital requirements on holding companies and their functionally regulated subsidiaries or that require deference to other regulators;

(2)

section 1844(g) of this title that limit the authority of the Board to require a functionally regulated subsidiary of a holding company to provide capital or other funds or assets to a depository institution subsidiary of the holding company and to take certain actions including requiring divestiture of the depository institution; and

(3)

section 1848a 1 of this title that limit whatever authority the Board might otherwise have to take direct or indirect action with respect to holding companies and their functionally regulated subsidiaries;

shall also limit whatever authority that a Federal banking agency might otherwise have under any statute or regulation to require reports, make examinations, impose capital requirements, or take any other direct or indirect action with respect to any functionally regulated affiliate of a depository institution, subject to the same standards and requirements as are applicable to the Board under those provisions.

(b) Certain exemption authorized

No provision of this section shall be construed as preventing the Corporation, if the Corporation finds it necessary to determine the condition of a depository institution for insurance purposes, from examining an affiliate of any depository institution, pursuant to section 1820(b)(4) of this title, as may be necessary to disclose fully the relationship between the depository institution and the affiliate, and the effect of such relationship on the depository institution.

(c) Definitions

For purposes of this section, the following definitions shall apply:

(1) Functionally regulated subsidiary

The term “functionally regulated subsidiary” has the meaning given the term in section 1844(c)(5) of this title.

(2) Functionally regulated affiliate

The term “functionally regulated affiliate” means, with respect to any depository institution, any affiliate of such depository institution that is—

(A)

not a depository institution holding company; and

(B)

a company described in any clause of section 1844(c)(5)(B) of this title.

Source credit: (Sept. 21, 1950, ch. 967, § 2[45], as added Pub. L. 106–102, title I, § 112(b), Nov. 12, 1999, 113 Stat. 1367.)

history & why it existsrecord from the source credit
  • 1950Enacted · Pub. L. 106-102 · 113 Stat. 1367

A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-102 on 1950-09-21.

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