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Current as of January 01, 2024 | Updated by Findlaw Staff
(a)In general
An insured State bank may control or hold an interest in a subsidiary that engages in activities as principal that would only be permissible for a national bank to conduct through a financial subsidiary if--
(1) the State bank and each insured depository institution affiliate of the State bank are well capitalized (after the capital deduction required by paragraph (2));
(2) the State bank complies with the capital deduction and financial statement disclosure requirements in section 24a(c) of this title;
(3) the State bank complies with the financial and operational safeguards required by section 24a(d) of this title; and
(4) the State bank complies with the amendments to sections 23A and 23B of the Federal Reserve Act made by section 121(b) of the Gramm-Leach-Bliley Act.
(b)Preservation of existing subsidiaries
Notwithstanding subsection (a), an insured State bank may retain control of a subsidiary, or retain an interest in a subsidiary, that the State bank lawfully controlled or acquired before November 12, 1999, and conduct through such subsidiary any activities lawfully conducted in such subsidiary as of such date.
(c)Definitions
For purposes of this section, the following definitions shall apply:
(1)Subsidiary
The term “subsidiary” means any company that is a subsidiary (as defined in section 1813(w)(4) of this title) of 1 or more insured banks.
(2)Financial subsidiary
The term “financial subsidiary” has the meaning given the term in section 24a(g) of this title.
(d)Preservation of authority
(1)This chapter
No provision of this section shall be construed as superseding the authority of the Federal Deposit Insurance Corporation to review subsidiary activities under section 1831a of this title.
(2)Federal Reserve Act
No provision of this section shall be construed as affecting the applicability of the 20th undesignated paragraph of section 9 of the Federal Reserve Act.
Cite this article: FindLaw.com - 12 U.S.C. § 1831w - U.S. Code - Unannotated Title 12. Banks and Banking § 1831w. Safety and soundness firewalls applicable to financial subsidiaries of banks - last updated January 01, 2024 | https://codes.findlaw.com/us/title-12-banks-and-banking/12-usc-sect-1831w/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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