12-U.S.C.-1865
§1865 – Prior Approval For Investments In Bank Service Companies
Pathway
Title 12 > Chapter 18 > Section 1865
Details
- Reference: Section 1865
- Legend: §1865 – Prior Approval For Investments In Bank Service Companies
- USCode Year: 2013
Provision Content
(a) Approval of Federal banking agency
No insured depository institution shall invest in the capital stock of a bank service company that performs any service under authority of subsection (c), (d), or (e) of section 1864 of this title without prior notice, as determined by the appropriate Federal banking agency for the insured depository institution.
(b) Approval of Board
No insured depository institution shall invest in the capital stock of a bank service company that performs any service authorized only under authority of section 1864(f) of this title and no bank service company shall perform any activity authorized only under section 1864(f) of this title without the prior approval of the Board.
(c) Considerations in determining approval
In determining whether to approve or deny any application for prior approval or whether to approve or disapprove any notice under this section, the Board or the appropriate Federal banking agency, as the case may be, is authorized to consider the financial and managerial resources and future prospects of any insured depository institution and bank service company involved, including the financial capability of the insured depository institution to make a proposed investment under this chapter, and possible adverse effects such as undue concentration of resources, unfair or decreased competition, conflicts of interest, or unsafe or unsound banking practices.
(d) Failure to act on application for approval
In the event the Board or the appropriate Federal banking agency, as the case may be, fails to act on any application under this section within ninety days of the submission of a complete application to the agency, the application shall be deemed approved.
(Pub. L. 87–856, §5, Oct. 23, 1962, 76 Stat. 1133; Pub. L. 95–630, title III, §308, Nov. 10, 1978, 92 Stat. 3677; Pub. L. 97–320, title VII, §709, Oct. 15, 1982, 96 Stat. 1542; Pub. L. 103–325, title III, §323, Sept. 23, 1994, 108 Stat. 2227; Pub. L. 104–208, div. A, title II, §2613(f), Sept. 30, 1996, 110 Stat. 3009–478; Pub. L. 109–351, title VI, §602(b)(4), Oct. 13, 2006, 120 Stat. 1980.)
Amendments
2006—Subsec. (a). Pub. L. 109–351, §602(b)(4)(A), substituted insured depository institution for insured bank, struck out banks before appropriate Federal banking agency, and inserted for the insured depository institution before period at end.
Subsec. (b). Pub. L. 109–351, §602(b)(4)(B), substituted insured depository institution for insured bank and inserted authorized only after performs any service and perform any activity.
Subsec. (c). Pub. L. 109–351, §602(b)(4)(C), substituted any insured depository institution for the bank or banks and capability of the insured depository institution for capability of the bank.
1996—Pub. L. 104–208 substituted companies for corporations in section catchline and company for corporation wherever appearing in text.
1994—Subsec. (a). Pub. L. 103–325, §323(1), substituted prior notice, as determined by for the prior approval of.
Subsec. (c). Pub. L. 103–325, §323(2), inserted or whether to approve or disapprove any notice after approval.
1982—Pub. L. 97–320 substituted provisions relating to prior approval for investments in bank service corporations for provisions relating to regulation and examination of bank services for a regularly examined bank or its subsidiary or affiliate whether performed on or off its premises. See section 1867(c) of this title.
1978—Pub. L. 95–630 among other changes, substituted provisions requiring banks regularly examined by a Federal supervisory agency, which cause to be performed, by contract or otherwise, any bank service for itself, to notify such supervisory agency of the existence of a service relationship within 30 days after making such service contract or performance of service, whichever occurs first for provisions requiring that no bank subject to examination by a Federal supervisory agency may cause to be performed, by contract or otherwise, any bank service for itself unless satisfactory assurances are furnished to such supervisory agency by both the bank and the party performing such services that the performances thereof will be subject to regulation and examination by such agency to the same extent as if such services were being performed by the bank itself.
Effective Date of 1978 Amendment
Amendment by Pub. L. 95–630 effective on expiration of 120 days after Nov. 10, 1978, see section 2101 of Pub. L. 95–630, set out as an Effective Date note under section 375b of this title.
U.S. Encyclopedia of Law Coverage
12-U.S.C.-1861 in the Legal Encyclopedia: Banking Law
In this entry about 12-U.S.C.-1861, find legal reference material, bibliographies and premiere content related to banking law in the American Encyclopedia of Law, presenting a comprehensive view of the United States banking law-specific issues, written by authorities in the field.
12-U.S.C.-1841 in the Legal Encyclopedia: Credit Institutions
In this entry about 12-U.S.C.-1841, find legal reference material, bibliographies and premiere content related to credit institutions in the American Encyclopedia of Law, presenting a comprehensive view of the United States credit institutions-specific issues, written by authorities in the field.
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