12 U.S.C. § 5361 — Reports by and examinations of nonbank financial companies by the Board of Governors
submitted 16 years ago by Pub. L. 111-203 to r/title-12-BANKS-AND-BANKING · 563 words · no verdicts yet
A translation hasn’t been published for this section yet. The official text below is complete and authoritative.
The Board of Governors may require each nonbank financial company supervised by the Board of Governors*, and any subsidiary thereof, to submit reports under oath, to keep the Board of Governors informed as to—
the financial condition of the company or subsidiary, systems of the company or subsidiary for monitoring and controlling financial, operating, and other risks, and the extent to which the activities and operations of the company or subsidiary pose a threat to the financial stability of the United States; and
compliance by the company or subsidiary with the requirements of this subchapter.
In carrying out subsection (a), the Board of Governors shall, to the fullest extent possible, use—
reports and supervisory information that a nonbank financial company* or subsidiary thereof has been required to provide to other Federal or State* regulatory agencies;
information otherwise obtainable from Federal or State regulatory agencies;
information that is otherwise required to be reported publicly; and
externally audited financial statements of such company or subsidiary.
Upon the request of the Board of Governors, a nonbank financial company supervised by the Board of Governors, or a subsidiary thereof, shall promptly provide to the Board of Governors any information described in paragraph (2).
The Board of Governors shall adopt data standards for all information that, through a collection of information, is regularly filed with or submitted to the Board of Governors under this subsection by any nonbank financial company supervised by the Board of Governors or any subsidiary thereof.
The data standards required under subparagraph (A) shall incorporate, and ensure compatibility with (to the extent feasible), all applicable data standards established in the rules promulgated under section 5334 of this title, including, to the extent practicable, by having the characteristics described in clauses (i) through (vi) of subsection (c)(1)(B) of section 5334 of this title.
Subject to paragraph (2), the Board of Governors may examine any nonbank financial company supervised by the Board of Governors and any subsidiary of such company, to inform the Board of Governors of—
the nature of the operations and financial condition of the company and such subsidiary;
the financial, operational, and other risks of the company or such subsidiary that may pose a threat to the safety and soundness of such company or subsidiary or to the financial stability of the United States;
the systems for monitoring and controlling such risks; and
compliance by the company or such subsidiary with the requirements of this subchapter.
For purposes of this subsection, the Board of Governors shall, to the fullest extent possible, rely on reports of examination of any subsidiary depository institution or functionally regulated subsidiary made by the primary financial regulatory agency for that subsidiary, and on information described in subsection (a)(2).
The Board of Governors shall—
provide reasonable notice to, and consult with, the primary financial regulatory agency for any subsidiary before requiring a report or commencing an examination of such subsidiary under this section; and
avoid duplication of examination activities, reporting requirements, and requests for information, to the fullest extent possible.
Source credit: (Pub. L. 111–203, title I, § 161, July 21, 2010, 124 Stat. 1420; Pub. L. 117–263, div. E, title LVIII, § 5861(a), Dec. 23, 2022, 136 Stat. 3434.)
- 2010Enacted · Pub. L. 111-203 · 124 Stat. 1420
- 2022Amended · Pub. L. 117-263 · 136 Stat. 3434
A history note hasn’t been published yet. The record shows enactment by Pub. L. 111-203 on 2010-07-21.
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