12-U.S.C.-5361
§5361 – Reports By and Examinations of Nonbank Financial Companies By The Board of Governors
Pathway
Title 12 > Chapter 53 > Subchapter I > Part C > Section 5361
Details
- Reference: Section 5361
- Legend: §5361 – Reports By and Examinations of Nonbank Financial Companies By The Board of Governors
- USCode Year: 2013
Provision Content
(a) Reports
(1) In general
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—
(A) 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
(B) compliance by the company or subsidiary with the requirements of this subchapter.
(2) Use of existing reports and information
In carrying out subsection (a), the Board of Governors shall, to the fullest extent possible, use—
(A) reports and supervisory information that a nonbank financial company or subsidiary thereof has been required to provide to other Federal or State regulatory agencies;
(B) information otherwise obtainable from Federal or State regulatory agencies;
(C) information that is otherwise required to be reported publicly; and
(D) externally audited financial statements of such company or subsidiary.
(3) Availability
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).
(b) Examinations
(1) In general
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—
(A) the nature of the operations and financial condition of the company and such subsidiary;
(B) 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;
(C) the systems for monitoring and controlling such risks; and
(D) compliance by the company or such subsidiary with the requirements of this subchapter.
(2) Use of examination reports and information
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).
(c) Coordination with primary financial regulatory agency
The Board of Governors shall—
(1) 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
(2) avoid duplication of examination activities, reporting requirements, and requests for information, to the fullest extent possible.
(Pub. L. 111–203, title I, §161, July 21, 2010, 124 Stat. 1420.)
References in Text
This subchapter, referred to in subsecs. (a)(1)(B) and (b)(1)(D), was in the original this title, meaning title I of Pub. L. 111–203, July 21, 2010, 124 Stat. 1391, which is classified principally to this subchapter. For complete classification of title I to the Code, see Short Title note set out under section 5301 of this title and Tables.
U.S. Encyclopedia of Law Coverage
Part C – Additional Board of Governors Authority For Certain Nonbank Financial Companies and Bank Holding Companies in the Legal Encyclopedia: Banking Law
In this entry about Part C – Additional Board of Governors Authority For Certain Nonbank Financial Companies and Bank Holding Companies, 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.-5341 in the Legal Encyclopedia: Banking Reform
In this entry about 12-U.S.C.-5341, find legal reference material, bibliographies and premiere content related to banking reform in the American Encyclopedia of Law, presenting a comprehensive view of the United States banking reform-specific issues, written by authorities in the field.
Leave a Reply