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12 U.S.C. § 1842 — Acquisition of bank shares or assets

submitted 70 years ago by ch. 240 to r/title-12-BANKS-AND-BANKING · 2,999 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section requires prior approval from the Board for certain actions involving bank holding companies, including acquiring banks, bank assets, or other bank holding companies. It sets the application process and the factors the Board must consider, and it contains rules for interstate acquisitions, insured institutions, and mutual bank holding companies.

(a) Prior approval and exceptions

Unless an exception applies, a person may not take any of these actions without the Board’s prior approval:

(1) Take an action that causes a company to become a bank holding company.

(2) Take an action that causes a bank to become a subsidiary of a bank holding company.

(3) A bank holding company may not directly or indirectly acquire voting shares of a bank if, after the acquisition, it would directly or indirectly own or control more than 5 percent of that bank’s voting shares.

(4) A bank holding company, or one of its subsidiaries other than a bank, may not acquire all or substantially all of a bank’s assets.

(5) A bank holding company may not merge or consolidate with another bank holding company.

These prohibitions do not apply to the following situations:

(A) Shares acquired by a bank—

(i) in good faith as a fiduciary. This exception does not apply when the shares are held under a trust that is a “company” as defined in section 1841(b) of this title, or when paragraph (2) or (3) of section 1841(g) of this title applies; or

(ii) in the ordinary course of securing or collecting a debt that the bank previously contracted in good faith. Shares acquired after May 9, 1956, to secure or collect such a debt must be sold or otherwise disposed of within 2 years after the date they were acquired.

(B) Additional shares acquired by a bank holding company in a bank when, before the acquisition, the holding company already owned or controlled a majority of that bank’s voting shares.

(C) A company’s acquisition of control of a bank during a reorganization. In this type of reorganization, a person or group exchanges its shares in the bank for shares in a newly formed bank holding company. After the reorganization, that person or group must have substantially the same proportional ownership interest in the holding company as it had in the bank. Changes caused by dissenting shareholders exercising rights under State or Federal law do not count against this requirement. This exception applies only if all of these conditions are met:

(i) Immediately after the acquisition—

(I) the bank holding company meets the capital and other financial standards that the Board has set by regulation for that kind of bank holding company; and

(II) the bank is “adequately capitalized,” as defined in section 1831o of this title.

(ii) Because of the reorganization, the holding company does not engage in activities other than managing and controlling banks.

(iii) The company gives the Board at least 30 days’ notice before the transaction, and the Board does not object during that 30-day period.

(iv) The holding company will not acquire control of any additional bank because of the reorganization.

The Board may extend the 2-year period for disposing of shares acquired by a bank while securing or collecting a debt previously contracted in good faith. The bank must apply for the extension. The Board may grant extensions from time to time, but each extension may last no more than 1 year. The Board may grant an extension only if it decides that the extension would not harm the public interest. All extensions together may not last more than 3 years.

For this rule, bank shares acquired after December 31, 1970, are not treated as acquired in good faith in a fiduciary capacity if the acquiring bank or company has sole discretionary authority to vote those shares. In that situation, the shares may be acquired without the Board’s prior approval if the Board approves keeping them after an application filed within 90 days after acquisition. If the Board disapproves keeping them, the acquiring bank must dispose of the shares or give up its sole discretionary voting rights within 2 years after the Board issues its disapproval order.

This section uses terms such as “Board,” “company,” “bank,” “bank holding company,” “subsidiary,” “voting shares,” and “public interest,” but this section does not define those terms.

(b) Applications for approval; notice, hearing, and Board action

(1) Notice and hearing requirements

When the Board receives a company’s application for approval under this section, it must notify the appropriate regulator as follows:

  • If the applicant company, or a bank whose voting shares or assets the applicant seeks to acquire, is a national banking association, the Board must notify the Comptroller of the Currency.
  • If the applicant company, or a bank whose voting shares or assets the applicant seeks to acquire, is a State bank, the Board must notify the appropriate supervisory authority of the State involved.

The notice allows the Comptroller or State supervisor to submit views and recommendations. Normally, those views and recommendations must be submitted within 30 calendar days after the notice date. If the Board tells the Comptroller or State supervisor that an emergency requires quick action, they must be submitted within 10 calendar days.

If the 30-day period applies and the notified Comptroller or State supervisor disapproves the application in writing during that period, the Board must promptly give the applicant written notice of the disapproval. Within 3 days after giving that notice to the applicant, the Board must notify both the applicant and the authority that disapproved the application in writing of the date when the Board’s hearing will begin. The hearing must begin at least 10 days, but no more than 30 days, after the Board gives the applicant written notice of the disapproving authority’s action. The Board decides how long the hearing lasts, but it must give every interested party a reasonable chance to testify. After the hearing, the Board must issue an order granting or denying the application based on the hearing record.

If the Board does not act on an application within the 91-day period that begins when the Board receives the complete record on the application, the application is treated as granted.

Despite the other rules in this paragraph, the Board may act without these notice requirements if it finds that immediate action is needed to prevent the probable failure of a bank or bank holding company involved in a proposed acquisition, merger, or consolidation. If the Board gives notice in that situation, it may require the Comptroller or State supervisor to submit views and recommendations immediately, in any form or by any method the Board accepts.

If the Board finds either that an emergency requires quick action or that immediate action is needed to prevent probable failure, it may grant or deny the application without a hearing, even if the appropriate supervisory authority has recommended denial.

(2) Waiver when a bank may close

If the appropriate Federal or State chartering authority certifies, as described in section 1823(f)(8)(D) of this title, that a bank is in danger of closing, the Board may dispense with the notice and hearing requirements in paragraph (1). This waiver applies to an application concerning the acquisition of that bank, the bank holding company that controls it, or any other affiliated bank.

(c) Factors the Board must consider

(1) Competition

The Board may not approve—

(A) an acquisition, merger, or consolidation under this section that would create a monopoly, or that would advance an agreement or conspiracy to monopolize, or try to monopolize, the banking business in any part of the United States; or

(B) another proposed acquisition, merger, or consolidation under this section if its effect in any part of the country may substantially reduce competition, tend to create a monopoly, or otherwise restrain trade.

There is one exception. The Board may approve a transaction described in subparagraph (B) if it finds that the transaction’s anticompetitive effects are clearly outweighed, in the public interest, by the transaction’s likely effect in meeting the convenience and needs of the community to be served.

(2) Banking and community factors

In every case, the Board must consider the financial and management resources and future prospects of the company or companies and banks involved. It must also consider the convenience and needs of the community to be served.

(3) Supervisory factors

The Board must deny a company’s application if either of these conditions applies:

(A) The company does not give the Board adequate assurances that it will make available information about the company’s operations or activities, and those of any affiliate, that the Board considers appropriate for determining and enforcing compliance with this chapter.

(B) The application involves a foreign bank, and the foreign bank is not subject to comprehensive supervision or regulation on a consolidated basis by the appropriate authorities in its home country.

(4) Certain loans for bank stock

Despite any other law, the Board may not use a practice or policy when considering an application to form a one-bank holding company if that practice or policy would cause the Board to reject the application solely because the transaction includes a bank-stock loan lasting no more than 25 years.

This rule does not prevent the Board from rejecting an application solely because it considers other financial arrangements unsatisfactory.

The Board must consider, one case at a time, transactions to form a one-bank holding company that involve a bank-stock loan with a maturity of 12 years or more. The Board may not approve such a transaction if it believes the bank’s safety or soundness could be put at risk.

(5) Management resources

When considering a company’s or bank’s management resources under paragraph (2), the Board must consider the competence, experience, and integrity of its officers, directors, and principal shareholders.

(6) Money laundering

In every case, the Board must consider how effective the company or companies are at fighting money-laundering activities, including activities in overseas branches.

(7) Financial stability

In every case, the Board must consider how much a proposed acquisition, merger, or consolidation would create greater risks, or more concentrated risks, to the stability of the United States banking or financial system.

(d) Interstate banking

(1) Approved acquisitions

(A) Acquiring banks

The Board may approve an application under this section from a bank holding company that is “well capitalized” and “well managed” to acquire control of a bank in another State, or to acquire all or substantially all of that bank’s assets. The Board may do this even if the other State’s law prohibits the transaction. This section does not define “well capitalized” or “well managed.”

(B) Preserving State minimum-age laws

(i) General rule

Despite subparagraph (A), the Board may not approve an application under that subparagraph if the result would be to let an out-of-State bank holding company acquire a bank in a host State that has not existed for the minimum period, if any, required by the host State’s statutes.

(ii) Special rule when the period is more than 5 years

Despite clause (i), the Board may approve the acquisition of a bank that has existed for at least 5 years. It may do so even if the host State’s statute requires a longer minimum period.

(C) Shell banks

For this subsection, a bank that was chartered only to acquire control of an existing bank, or all or substantially all of its assets, and that did not open for business before that acquisition is treated as having existed for the same period as the bank it will acquire.

(D) Effect on certain State laws

This subsection does not change whether a State law applies when that law makes a bank acquisition conditional on keeping part of the bank’s assets available for a State-sponsored housing entity created under State law. This rule applies only if all of these conditions are met:

(i) The State law does not discriminate against out-of-State banks, out-of-State bank holding companies, or their subsidiaries.

(ii) The State law was in effect on September 29, 1994.

(iii) The Federal Deposit Insurance Corporation has not decided that following the State law would create an unacceptable risk to the Deposit Insurance Fund.

(iv) The appropriate Federal banking agency for the bank has not found that following the State law would put the bank in an unsafe or unsound condition.

(2) Limits on concentration

(A) Nationwide limit

The Board may not approve an application under paragraph (1)(A) if the applicant, together with all insured depository institutions affiliated with it, controls more than 10 percent of all deposits held by insured depository institutions in the United States. The Board also may not approve it if completing the proposed acquisition would cause the applicant and those affiliates to control more than 10 percent of those deposits.

(B) State limit, except for initial entry

The Board may not approve an application under paragraph (1)(A) if both of these conditions apply:

(i) Immediately before the acquisition is completed, the applicant, including any insured depository institution affiliated with it, controls an insured depository institution or a branch of one in the home State of a bank to be acquired or in a host State where such a bank has a branch; and

(ii) after the acquisition is completed, the applicant and all insured depository institutions affiliated with it would control at least 30 percent of all deposits held by insured depository institutions in any such State.

(C) State deposit caps

This subsection does not affect a State’s authority to limit, by statute, regulation, or order, the percentage of all deposits held by insured depository institutions in that State that any bank or bank holding company may hold or control. The calculation includes all insured depository institutions affiliated with that bank or bank holding company. This rule applies only to the extent that the State limit does not discriminate against out-of-State banks, out-of-State bank holding companies, or their subsidiaries.

(D) Exceptions to subparagraph (B)

The Board may approve an application under paragraph (1)(A) without applying subparagraph (B) to a State if either of these conditions applies:

(i) A limit described in subparagraph (C) appears in the State’s statute, regulation, or order, and that limit allows a bank or bank holding company, including all its insured depository institution affiliates, to control a larger percentage of the State’s total deposits than subparagraph (B) allows; or

(ii) The State’s appropriate bank supervisor approves the acquisition, and the standard used for that approval does not discriminate against out-of-State banks, out-of-State bank holding companies, or their subsidiaries.

(E) Meaning of “deposit”

For this paragraph, “deposit” has the same meaning as in section 1813(l) of this title. This section does not itself define “deposit.”

(3) Community reinvestment compliance

When deciding whether to approve an application under paragraph (1)(A), the Board must—

(A) comply with its responsibilities for that application under section 2903 of this title; and

(B) consider the applicant’s record of complying with applicable State community-reinvestment laws.

(4) Antitrust laws

This subsection does not affect—

(A) whether the antitrust laws apply; or

(B) whether any State law similar to the antitrust laws applies.

(5) Banks in default or at risk of default

The Board may approve an application under paragraph (1)(A) involving either of these transactions without applying subparagraph (B) or (D) of paragraph (1), or paragraph (2) or (3):

(A) The acquisition of one or more banks that are in default or in danger of default.

(B) An acquisition for which assistance is provided under section 1823(c) of this title.

(e) Insured depository institutions

Every bank that is a holding company, and every bank that is a subsidiary of such a company, must become and remain an “insured depository institution” as defined in section 1813 of this title. This section does not itself define “insured depository institution.”

(f) Repealed

This subsection has been repealed.

(g) Mutual bank holding companies

(1) Formation

Despite any other Federal law, except this chapter, a savings bank or cooperative bank operating in mutual form may reorganize to form a holding company.

(2) Regulations

A bank holding company organized as a mutual holding company must be regulated on terms and subject to limits comparable to those that apply to any other bank holding company.

the actual law source: uscode.house.gov ↗public domain
(a) Prior approval of Board as necessary; exceptions; disposition, time extension; subsequent approval or disposition upon disapproval

It shall be unlawful, except with the prior approval of the Board, (1) for any action to be taken that causes any company to become a bank holding company; (2) for any action to be taken that causes a bank to become a subsidiary of a bank holding company; (3) for any bank holding company to acquire direct or indirect ownership or control of any voting shares of any bank if, after such acquisition, such company will directly or indirectly own or control more than 5 per centum of the voting shares of such bank; (4) for any bank holding company or subsidiary thereof, other than a bank, to acquire all or substantially all of the assets of a bank; or (5) for any bank holding company to merge or consolidate with any other bank holding company. Notwithstanding the foregoing this prohibition shall not apply to (A) shares acquired by a bank, (i) in good faith in a fiduciary capacity, except where such shares are held under a trust that constitutes a company as defined in section 1841(b) of this title and except as provided in paragraphs (2) and (3) of section 1841(g) of this title, or (ii) in the regular course of securing or collecting a debt previously contracted in good faith, but any shares acquired after May 9, 1956, in securing or collecting any such previously contracted debt shall be disposed of within a period of two years from the date on which they were acquired; (B) additional shares acquired by a bank holding company in a bank in which such bank holding company owned or controlled a majority of the voting shares prior to such acquisition; or (C) the acquisition, by a company, of control of a bank in a reorganization in which a person or group of persons exchanges their shares of the bank for shares of a newly formed bank holding company and receives after the reorganization substantially the same proportional share interest in the holding company as they held in the bank except for changes in shareholders’ interests resulting from the exercise of dissenting shareholders’ rights under State or Federal law if—

(i)

immediately following the acquisition—

(I)

the bank holding company meets the capital and other financial standards prescribed by the Board by regulation for such a bank holding company; and

(II)

the bank is adequately capitalized (as defined in section 1831o of this title);

(ii)

the holding company does not engage in any activities other than those of managing and controlling banks as a result of the reorganization;

(iii)

the company provides 30 days prior notice to the Board and the Board does not object to such transaction during such 30-day period; and

(iv)

the holding company will not acquire control of any additional bank as a result of the reorganization..1

The Board is authorized upon application by a bank to extend, from time to time for not more than one year at a time, the two-year period referred to above for disposing of any shares acquired by a bank in the regular course of securing or collecting a debt previously contracted in good faith, if, in the Board’s judgment, such an extension would not be detrimental to the public interest, but no such extension shall in the aggregate exceed three years. For the purpose of the preceding sentence, bank shares acquired after December 31, 1970, shall not be deemed to have been acquired in good faith in a fiduciary capacity if the acquiring bank or company has sole discretionary authority to exercise voting rights with respect thereto, but in such instances acquisitions may be made without prior approval of the Board if the Board, upon application filed within ninety days after the shares are acquired, approves retention or, if retention is disapproved, the acquiring bank disposes of the shares or its sole discretionary voting rights within two years after issuance of the order of disapproval.

(b) Application for approval; notice to Comptroller of Currency or State authority; views and recommendations; disapproval; hearing; order of Board; nonaction deemed grant of application; procedure in emergencies or probable failures requiring immediate Board action and orders
(1) Notice and hearing requirements

Upon receiving from a company any application for approval under this section, the Board shall give notice to the Comptroller of the Currency, if the applicant company or any bank the voting shares or assets of which are sought to be required 2 is a national banking association, or to the appropriate supervisory authority of the interested State, if the applicant company or any bank the voting shares or assets of which are sought to be acquired is a State bank, in order to provide for the submission of the views and recommendations of the Comptroller of the Currency or the State supervisory authority, as the case may be. The views and recommendations shall be submitted within thirty calendar days of the date on which notice is given, or within ten calendar days of such date if the Board advises the Comptroller of the Currency or the State supervisory authority that an emergency exists requiring expeditious action. If the thirty-day notice period applies and if the Comptroller of the Currency or the State supervisory authority so notified by the Board disapproves the application in writing within this period, the Board shall forthwith give written notice of that fact to the applicant. Within three days after giving such notice to the applicant, the Board shall notify in writing the applicant and the disapproving authority of the date for commencement of a hearing by it on such application. Any such hearing shall be commenced not less than ten nor more than thirty days after the Board has given written notice to the applicant of the action of the disapproving authority. The length of any such hearing shall be determined by the Board, but it shall afford all interested parties a reasonable opportunity to testify at such hearing. At the conclusion thereof, the Board shall, by order, grant or deny the application on the basis of the record made at such hearing. In the event of the failure of the Board to act on any application for approval under this section within the ninety-one-day period which begins on the date of submission to the Board of the complete record on that application, the application shall be deemed to have been granted. Notwithstanding any other provision of this subsection, if the Board finds that it must act immediately on any application for approval under this section in order to prevent the probable failure of a bank or bank holding company involved in a proposed acquisition, merger, or consolidation transaction, the Board may dispense with the notice requirements of this subsection, and if notice is given, the Board may request that the views and recommendations of the Comptroller of the Currency or the State supervisory authority, as the case may be, be submitted immediately in any form or by any means acceptable to the Board. If the Board has found pursuant to this subsection either that an emergency exists requiring expeditious action or that it must act immediately to prevent probable failure, the Board may grant or deny any such application without a hearing notwithstanding any recommended disapproval by the appropriate supervisory authority.

(2) Waiver in case of bank in danger of closing

If the Board receives a certification described in section 1823(f)(8)(D) 3 of this title from the appropriate Federal or State chartering authority that a bank is in danger of closing, the Board may dispense with the notice and hearing requirements of paragraph (1) with respect to any application received by the Board relating to the acquisition of such bank, the bank holding company which controls such bank, or any other affiliated bank.

(c) Factors for consideration by Board
(1) Competitive factors

The Board shall not approve—

(A)

any acquisition or merger or consolidation under this section which would result in a monopoly, or which would be in furtherance of any combination or conspiracy to monopolize or to attempt to monopolize the business of banking in any part of the United States, or

(B)

any other proposed acquisition or merger or consolidation under this section whose effect in any section of the country may be substantially to lessen competition, or to tend to create a monopoly, or which in any other manner would be in restraint or 4 trade, unless it finds that the anticompetitive effects of the proposed transaction are clearly outweighed in the public interest by the probable effect of the transaction in meeting the convenience and needs of the community to be served.

(2) Banking and community factors

In every case, the Board shall take into consideration the financial and managerial resources and future prospects of the company or companies and the banks concerned, and the convenience and needs of the community to be served.

(3) Supervisory factors

The Board shall disapprove any application under this section by any company if—

(A)

the company fails to provide the Board with adequate assurances that the company will make available to the Board such information on the operations or activities of the company, and any affiliate of the company, as the Board determines to be appropriate to determine and enforce compliance with this chapter; or

(B)

in the case of an application involving a foreign bank, the foreign bank is not subject to comprehensive supervision or regulation on a consolidated basis by the appropriate authorities in the bank’s home country.

(4) Treatment of certain bank stock loans

Notwithstanding any other provision of law, the Board shall not follow any practice or policy in the consideration of any application for the formation of a one-bank holding company if following such practice or policy would result in the rejection of such application solely because the transaction to form such one-bank holding company involves a bank stock loan which is for a period of not more than twenty-five years. The previous sentence shall not be construed to prohibit the Board from rejecting any application solely because the other financial arrangements are considered unsatisfactory. The Board shall consider transactions involving bank stock loans for the formation of a one-bank holding company having a maturity of twelve years or more on a case by case basis and no such transaction shall be approved if the Board believes the safety or soundness of the bank may be jeopardized.

(5) Managerial resources

Consideration of the managerial resources of a company or bank under paragraph (2) shall include consideration of the competence, experience, and integrity of the officers, directors, and principal shareholders of the company or bank.

(6) Money laundering

In every case, the Board shall take into consideration the effectiveness of the company or companies in combatting money laundering activities, including in overseas branches.

(7) Financial stability

In every case, the Board shall take into consideration the extent to which a proposed acquisition, merger, or consolidation would result in greater or more concentrated risks to the stability of the United States banking or financial system.

(d) Interstate banking
(1) Approvals authorized
(A) Acquisition of banks

The Board may approve an application under this section by a bank holding company that is well capitalized and well managed to acquire control of, or acquire all or substantially all of the assets of, a bank located in a State other than the home State of such bank holding company, without regard to whether such transaction is prohibited under the law of any State.

(B) Preservation of State age laws
(i) In general

Notwithstanding subparagraph (A), the Board may not approve an application pursuant to such subparagraph that would have the effect of permitting an out-of-State bank holding company to acquire a bank in a host State that has not been in existence for the minimum period of time, if any, specified in the statutory law of the host State.

(ii) Special rule for State age laws specifying a period of more than 5 years

Notwithstanding clause (i), the Board may approve, pursuant to subparagraph (A), the acquisition of a bank that has been in existence for at least 5 years without regard to any longer minimum period of time specified in a statutory law of the host State.

(C) Shell banks

For purposes of this subsection, a bank that has been chartered solely for the purpose of, and does not open for business prior to, acquiring control of, or acquiring all or substantially all of the assets of, an existing bank shall be deemed to have been in existence for the same period of time as the bank to be acquired.

(D) Effect on State contingency laws

No provision of this subsection shall be construed as affecting the applicability of a State law that makes an acquisition of a bank contingent upon a requirement to hold a portion of such bank’s assets available for call by a State-sponsored housing entity established pursuant to State law, if—

(i)

the State law does not have the effect of discriminating against out-of-State banks, out-of-State bank holding companies, or subsidiaries of such banks or bank holding companies;

(ii)

that State law was in effect as of September 29, 1994;

(iii)

the Federal Deposit Insurance Corporation has not determined that compliance with such State law would result in an unacceptable risk to the Deposit Insurance Fund; and

(iv)

the appropriate Federal banking agency for such bank has not found that compliance with such State law would place the bank in an unsafe or unsound condition.

(2) Concentration limits
(A) Nationwide concentration limits

The Board may not approve an application pursuant to paragraph (1)(A) if the applicant (including all insured depository institutions which are affiliates of the applicant) controls, or upon consummation of the acquisition for which such application is filed would control, more than 10 percent of the total amount of deposits of insured depository institutions in the United States.

(B) Statewide concentration limits other than with respect to initial entries

The Board may not approve an application pursuant to paragraph (1)(A) if—

(i)

immediately before the consummation of the acquisition for which such application is filed, the applicant (including any insured depository institution affiliate of the applicant) controls any insured depository institution or any branch of an insured depository institution in the home State of any bank to be acquired or in any host State in which any such bank maintains a branch; and

(ii)

the applicant (including all insured depository institutions which are affiliates of the applicant), upon consummation of the acquisition, would control 30 percent or more of the total amount of deposits of insured depository institutions in any such State.

(C) Effectiveness of State deposit caps

No provision of this subsection shall be construed as affecting the authority of any State to limit, by statute, regulation, or order, the percentage of the total amount of deposits of insured depository institutions in the State which may be held or controlled by any bank or bank holding company (including all insured depository institutions which are affiliates of the bank or bank holding company) to the extent the application of such limitation does not discriminate against out-of-State banks, out-of-State bank holding companies, or subsidiaries of such banks or holding companies.

(D) Exceptions to subparagraph (B)

The Board may approve an application pursuant to paragraph (1)(A) without regard to the applicability of subparagraph (B) with respect to any State if—

(i)

there is a limitation described in subparagraph (C) in a State statute, regulation, or order which has the effect of permitting a bank or bank holding company (including all insured depository institutions which are affiliates of the bank or bank holding company) to control a greater percentage of total deposits of all insured depository institutions in the State than the percentage permitted under subparagraph (B); or

(ii)

the acquisition is approved by the appropriate State bank supervisor of such State and the standard on which such approval is based does not have the effect of discriminating against out-of-State banks, out-of-State bank holding companies, or subsidiaries of such banks or holding companies.

(E) “Deposit” defined

For purposes of this paragraph, the term “deposit” has the same meaning as in section 1813(l) of this title.

(3) Community reinvestment compliance

In determining whether to approve an application under paragraph (1)(A), the Board shall—

(A)

comply with the responsibilities of the Board regarding such application under section 2903 of this title; and

(B)

take into account the applicant’s record of compliance with applicable State community reinvestment laws.

(4) Applicability of antitrust laws

No provision of this subsection shall be construed as affecting—

(A)

the applicability of the antitrust laws; or

(B)

the applicability, if any, of any State law which is similar to the antitrust laws.

(5) Exception for banks in default or in danger of default

The Board may approve an application pursuant to paragraph (1)(A) which involves—

(A)

an acquisition of 1 or more banks in default or in danger of default; or

(B)

an acquisition with respect to which assistance is provided under section 1823(c) of this title;

without regard to subparagraph (B) or (D) of paragraph (1) or paragraph (2) or (3).

(e) Insured depository institution

Every bank that is a holding company and every bank that is a subsidiary of such a company shall become and remain an insured depository institution as defined in section 1813 of this title.

(f) [Repealed]

(g) Mutual bank holding company
(1) Establishment

Notwithstanding any provision of Federal law other than this chapter, a savings bank or cooperative bank operating in mutual form may reorganize so as to form a holding company.

(2) Regulations

A bank holding company organized as a mutual holding company shall be regulated on terms, and shall be subject to limitations, comparable to those applicable to any other bank holding company.

Source credit: (May 9, 1956, ch. 240, § 3, 70 Stat. 134; Pub. L. 89–485, § 7, July 1, 1966, 80 Stat. 237; Pub. L. 91–607, title I, § 102, Dec. 31, 1970, 84 Stat. 1763; Pub. L. 95–188, title III, §§ 301(a), 302, Nov. 16, 1977, 91 Stat. 1388, 1389; Pub. L. 96–221, title VII, §§ 712(b), (c), 713, Mar. 31, 1980, 94 Stat. 189, 190; Pub. L. 97–320, title I, §§ 118(c), 141(a)(4), title IV, § 404(d)(2), Oct. 15, 1982, 96 Stat. 1479, 1489, 1512; Pub. L. 100–86, title I, §§ 101(d), 107(b), title V, §§ 502(h)(1), 509(a), Aug. 10, 1987, 101 Stat. 561, 579, 628, 635; Pub. L. 101–73, title VI, § 602(b), Aug. 9, 1989, 103 Stat. 409; Pub. L. 102–242, title II, §§ 202(d), 210, Dec. 19, 1991, 105 Stat. 2290, 2298; Pub. L. 103–325, title III, §§ 319(a), 322(c)(1), Sept. 23, 1994, 108 Stat. 2224, 2227; Pub. L. 103–328, title I, § 101(a), Sept. 29, 1994, 108 Stat. 2339; Pub. L. 106–102, title I, §§ 105, 118, Nov. 12, 1999, 113 Stat. 1359, 1373; Pub. L. 107–56, title III, § 327(a)(1), Oct. 26, 2001, 115 Stat. 318; Pub. L. 108–386, § 8(c)(2), Oct. 30, 2004, 118 Stat. 2232; Pub. L. 109–173, § 9(h)(2), Feb. 15, 2006, 119 Stat. 3618; Pub. L. 111–203, title VI, §§ 604(d), 607(a), July 21, 2010, 124 Stat. 1601, 1607.)

history & why it existsrecord from the source credit
  • 1956Enacted · Act of May 9, 1956, ch. 240 · 70 Stat. 134
  • 1966Amended · Pub. L. 89-485 · 80 Stat. 237
  • 1970Amended · Pub. L. 91-607 · 84 Stat. 1763
  • 1977Amended · Pub. L. 95-188 · 91 Stat. 1388, 1389
  • 1980Amended · Pub. L. 96-221 · 94 Stat. 189, 190
  • 1982Amended · Pub. L. 97-320 · 96 Stat. 1479, 1489, 1512
  • 1987Amended · Pub. L. 100-86 · 101 Stat. 561, 579, 628, 635
  • 1989Amended · Pub. L. 101-73 · 103 Stat. 409
  • 1991Amended · Pub. L. 102-242 · 105 Stat. 2290, 2298
  • 1994Amended · Pub. L. 103-325 · 108 Stat. 2224, 2227
  • 1994Amended · Pub. L. 103-328 · 108 Stat. 2339
  • 1999Amended · Pub. L. 106-102 · 113 Stat. 1359, 1373
  • 2001Amended · Pub. L. 107-56 · 115 Stat. 318
  • 2004Amended · Pub. L. 108-386 · 118 Stat. 2232
  • 2006Amended · Pub. L. 109-173 · 119 Stat. 3618
  • 2010Amended · Pub. L. 111-203 · 124 Stat. 1601, 1607

A history note hasn’t been published yet. The record shows enactment by ch. 240 on 1956-05-09.

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