12-U.S.C.-3205

12-U.S.C.-3205

§3205 – Management official In Position Prior to November 10, 1978

Pathway

Title 12 > Chapter 33 > Section 3205

Details

  • Reference: Section 3205
  • Legend: §3205 – Management official In Position Prior to November 10, 1978
  • USCode Year: 2013

Provision Content

(a) Continuation of service

A person whose service in a position as a management official began prior to November 10, 1978, and who was not immediately prior to November 10, 1978, in violation of section 19 of title 15 is not prohibited by section 3202 or section 3203 of this title from continuing to serve in that position. The appropriate Federal depository institutions regulatory agency may provide a reasonable period of time for compliance with this chapter, not exceeding fifteen months, after any change in circumstances which makes service described in the preceding sentence prohibited by this chapter, except that a merger, acquisition, increase in total assets, establishment of one or more offices, or change in management responsibilities shall not constitute changes in circumstances which would make such service prohibited by section 3202 or section 3203 of this title.

(b) Depository institution and diversified savings and loan holding company

Effective on November 10, 1978, a person who serves as a management official of a company which is not a depository institution or a depository holding company and as a management official of a depository institution or a depository holding company is not prohibited from continuing to serve as a management official of that depository institution or depository holding company as a result of that company which is not a depository institution or depository holding company becoming a diversified savings and loan holding company as that term is defined in section 1730a(a)  of this title.

(Pub. L. 95–630, title II, §206, Nov. 10, 1978, 92 Stat. 3674; Pub. L. 97–110, title III, §302, Dec. 26, 1981, 95 Stat. 1515; Pub. L. 100–650, §§5(b)(2), 6, Nov. 10, 1988, 102 Stat. 3820, 3821; Pub. L. 103–325, title III, §338(a), Sept. 23, 1994, 108 Stat. 2235; Pub. L. 104–208, div. A, title II, §2210(b), Sept. 30, 1996, 110 Stat. 3009–410.)

References in Text

Section 1730a of this title, referred to in subsec. (b), was repealed by Pub. L. 101–73, title IV, §407, Aug. 9, 1989, 103 Stat. 363.

Amendments

1996—Subsec. (a). Pub. L. 104–208, §2210(b)(1), struck out for a period of, subject to the requirements of subsection (c) of this section, 20 years after November 10, 1978 after continuing to serve in that position.

Subsec. (b). Pub. L. 104–208, §2210(b)(2), struck out at end This subsection shall expire, subject to the requirements of subsection (c) of this section, 20 years after November 10, 1978.

Subsec. (c). Pub. L. 104–208, §2210(b)(3), struck out subsec. (c) which related to review of existing management interlocks.

1994—Subsecs. (a), (b). Pub. L. 103–325, §338(a)(1), substituted , subject to the requirements of subsection (c) of this section, 20 years after November 10, 1978 for 15 years after November 10, 1978.

Subsec. (c). Pub. L. 103–325, §338(a)(2), added subsec. (c).

1988—Subsec. (a). Pub. L. 100–650, §5(b)(2), substituted depository institutions regulatory agency for banking agency (as set forth in section 3207 of this title).

Pub. L. 100–650, §6, substituted 15 years for ten years.

Subsec. (b). Pub. L. 100–650, §6, substituted 15 years for ten years.

1981—Pub. L. 97–110 designated existing provisions as subsec. (a), inserted provision that a merger, acquisition, increase in total assets, establishment of one or more offices, or change in management responsibilities shall not constitute changes in circumstances which would make such service prohibited by section 3202 or 3203 of this title, and added subsec. (b).

U.S. Encyclopedia of Law Coverage

12-U.S.C.-3051 in the Legal Encyclopedia: Banking Law

In this entry about 12-U.S.C.-3051, 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.-2149 in the Legal Encyclopedia: Credit Institutions

In this entry about 12-U.S.C.-2149, 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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