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12 U.S.C. § 221aAdditional definitions

submitted 93 years ago by ch. 89 to r/title-12-BANKS-AND-BANKING · 309 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law defines terms used in the National Bank Act. It sets the meaning of "affiliate" for a member bank based on ownership, voting control, or shared directors.

This section gives definitions used throughout this chapter of the banking laws. (a) The words "banks," "national bank," "national banking association," "member bank," "board," "district," and "reserve bank" mean whatever section 221 of this title says they mean. (b) Unless another law says otherwise, "affiliate" means a corporation, business trust, association, or similar organization connected to a member bank in any of these four ways: (1) The member bank directly or indirectly owns or controls more than half of the organization's voting shares, or more than 50 percent of the shares voted at the organization's last election of directors or trustees. This also counts if the member bank controls the election of a majority of the organization's directors or trustees in any other way. (2) The shareholders who own or control the member bank — meaning they hold a majority of the bank's shares, or more than 50 percent of the shares voted at the bank's last director election — also control the organization, whether through owning stock in it or through any other method. This also counts if trustees hold that control for the benefit of the bank's shareholders. (3) A majority of the organization's directors or trustees are also directors of the same member bank. (4) The organization itself owns or controls a majority of the member bank's stock, or more than 50 percent of the shares voted at the bank's last director election, or otherwise controls the election of a majority of the bank's directors. This also counts if trustees hold substantially all of the bank's stock for the benefit of the organization's shareholders or members.
the actual law source: uscode.house.gov ↗public domain

As used in this chapter—

(a)

The terms “banks”, “national bank”, “national banking association”, “member bank”, “board”, “district”, and “reserve bank” shall have the meanings assigned to them in section 221 of this title.

(b)

Except where otherwise specifically provided, the term “affiliate” shall include any corporation, business trust, association, or other similar organization—

(1)

Of which a member bank, directly or indirectly, owns or controls either a majority of the voting shares or more than 50 per centum of the number of shares voted for the election of its directors, trustees, or other persons exercising similar functions at the preceding election, or controls in any manner the election of a majority of its directors, trustees, or other persons exercising similar functions; or

(2)

Of which control is held, directly or indirectly, through stock ownership or in any other manner, by the shareholders of a member bank who own or control either a majority of the shares of such bank or more than 50 per centum of the number of shares voted for the election of directors of such bank at the preceding election, or by trustees for the benefit of the shareholders of any such bank; or

(3)

Of which a majority of its directors, trustees, or other persons exercising similar functions are directors of any one member bank; or

(4)

Which owns or controls, directly or indirectly, either a majority of the shares of capital stock of a member bank or more than 50 per centum of the number of shares voted for the election of directors of a member bank at the preceding election, or controls in any manner the election of a majority of the directors of a member bank, or for the benefit of whose shareholders or members all or substantially all the capital stock of a member bank is held by trustees.

Source credit: (June 16, 1933, ch. 89, § 2, 48 Stat. 162; Aug. 23, 1935, ch. 614, title III, § 301, 49 Stat. 707; Pub. L. 89–485, § 13(a), (b), July 1, 1966, 80 Stat. 242.)

history & why it existsrecord from the source credit
  • 1933Enacted · Act of June 16, 1933, ch. 89 · 48 Stat. 162
  • 1935Amended · Act of Aug. 23, 1935, ch. 614 · 49 Stat. 707
  • 1966Amended · Pub. L. 89-485 · 80 Stat. 242

A history note hasn’t been published yet. The record shows enactment by ch. 89 on 1933-06-16.

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