(a) In generalAn 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 [12 U.S.C. 371c and 371c–1] made by section 121(b) of the Gramm-Leach-Bliley Act.
(b) Preservation of existing subsidiariesNotwithstanding 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) DefinitionsFor purposes of this section, the following definitions shall apply:(1) SubsidiaryThe 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 subsidiaryThe term “financial subsidiary” has the meaning given the term in section 24a(g) of this title.
(d) Preservation of authority(1) This chapterNo 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 ActNo provision of this section shall be construed as affecting the applicability of the 20th undesignated paragraph of section 9 of the Federal Reserve Act [12 U.S.C. 335].
Structure US Code
CHAPTER 16— FEDERAL DEPOSIT INSURANCE CORPORATION
§ 1811. Federal Deposit Insurance Corporation
§ 1814. Insured depository institutions
§ 1816. Factors to be considered
§ 1818. Termination of status as insured depository institution
§ 1820. Administration of Corporation
§ 1820a. Examination of investment companies
§ 1821a. FSLIC Resolution Fund
§ 1822. Corporation as receiver
§ 1825. Issuance of notes, debentures, bonds, and other obligations; exemptions
§ 1826. Forms of obligations; preparation by Secretary of the Treasury
§ 1828. Regulations governing insured depository institutions
§ 1828a. Prudential safeguards
§ 1828b. Interagency data sharing
§ 1829. Penalty for unauthorized participation by convicted individual
§ 1829a. Participation by State nonmember insured banks in lotteries and related activities
§ 1829b. Retention of records by insured depository institutions
§ 1829c. Making online banking initiation legal and easy
§ 1831. Separability of certain provisions of this chapter
§ 1831a. Activities of insured State banks
§ 1831b. Disclosures with respect to certain federally related mortgage loans
§ 1831c. Assuring consistent oversight of subsidiaries of holding companies
§ 1831d. State-chartered insured depository institutions and insured branches of foreign banks
§ 1831e. Activities of savings associations
§ 1831j. Depository institution employee protection remedy
§ 1831k. Reward for information leading to recoveries or civil penalties
§ 1831l. Coordination of risk analysis between SEC and Federal banking agencies
§ 1831m. Early identification of needed improvements in financial management
§ 1831m–1. Reports of information regarding safety and soundness of depository institutions
§ 1831n. Accounting objectives, standards, and requirements
§ 1831o. Prompt corrective action
§ 1831p–1. Standards for safety and soundness
§ 1831q. FDIC affordable housing program
§ 1831r. Payments on foreign deposits prohibited
§ 1831r–1. Notice of branch closure
§ 1831t. Depository institutions lacking Federal deposit insurance
§ 1831u. Interstate bank mergers
§ 1831v. Authority of State insurance regulator and Securities and Exchange Commission
§ 1831w. Safety and soundness firewalls applicable to financial subsidiaries of banks
§ 1831x. Insurance customer protections
§ 1831y. CRA sunshine requirements
§ 1831aa. Enforcement of agreements
§ 1831bb. Capital requirements for certain acquisition, development, or construction loans
§ 1831dd. Open data publication
§ 1832. Withdrawals by negotiable or transferable instruments for transfers to third parties
§ 1833b. Comparability in compensation schedules
§ 1833c. Comptroller General audit and access to records
§ 1834. Reduced assessment rate for deposits attributable to lifeline accounts
§ 1834a. Assessment credits for qualifying activities relating to distressed communities