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12 U.S.C. § 338Examination of affiliates; forfeiture of membership on refusal of affiliate to give information or pay expense

submitted 113 years ago by ch. 6 to r/title-12-BANKS-AND-BANKING · 199 words · no verdicts yet

in plain englishAI-generated · not legal advice

Federal Reserve examiners can inspect a state member bank's affiliated companies, not just the bank itself. The bank can be charged for the cost of examining its affiliates. Refusing to cooperate or pay can cost the bank its Federal Reserve membership.

When examining a state member bank, Federal Reserve examiners — chosen or approved by the Board of Governors of the Federal Reserve System — must also examine that bank's affiliated companies as much as needed to fully understand the relationship between the bank and its affiliates, and how that relationship affects the bank. The Board can, at its discretion, charge the bank for the cost of examining its affiliates, and if it does, the bank must pay it. If an affiliate refuses to give requested information, refuses to allow the examination, or refuses to pay the assessed cost, the Board can — at its discretion — require any or all state member banks affiliated with that affiliate to give up their Federal Reserve Bank stock and lose all rights and privileges of Federal Reserve System membership, as this subchapter provides.
the actual law source: uscode.house.gov ↗public domain

In connection with examinations of State member banks, examiners selected or approved by the Board of Governors of the Federal Reserve System shall make such examinations of the affairs of all affiliates of such banks as shall be necessary to disclose fully the relations between such banks and their affiliates and the effect of such relations upon the affairs of such banks. The expense of examination of affiliates of any State member bank may, in the discretion of the Board of Governors of the Federal Reserve System, be assessed against such bank and, when so assessed, shall be paid by such bank. In the event of the refusal to give any information requested in the course of the examination of any such affiliate, or in the event of the refusal to permit such examination, or in the event of the refusal to pay any expenses so assessed, the Board of Governors of the Federal Reserve System may, in its discretion, require any or all State member banks affiliated with such affiliate to surrender their stock in the Federal Reserve bank and to forfeit all rights and privileges of membership in the Federal Reserve System, as provided in this subchapter.

Source credit: (Dec. 23, 1913, ch. 6, § 9 (par.), as added June 16, 1933, ch. 89, § 5(c), 48 Stat. 166; amended Aug. 23, 1935, ch. 614, title II, § 203(a), 49 Stat. 704.)

history & why it existsrecord from the source credit
  • 1913Enacted · Act of Dec. 23, 1913, ch. 6 · 48 Stat. 166
  • 1935Amended · Act of Aug. 23, 1935, ch. 614 · 49 Stat. 704

A history note hasn’t been published yet. The record shows enactment by ch. 6 on 1913-12-23.

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