Title 12—Banks and Banking--Volume 1
PART 241—SECURITIES HOLDING COMPANIES (REGULATION OO)
§ 241.1   Authority and purpose.
(a) Authority. This part is issued by the Board pursuant to section 618 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 1850a).
(b) Purpose. This part establishes the procedures by which a securities holding company may elect to register to be supervised by the Board.
§ 241.2   Definitions.
Except as defined below, terms used in this part have the same meaning given them in 12 CFR 225.2.
(a) Securities holding company. (1) A securities holding company means—
(i) Any company that directly or indirectly owns or controls, is controlled by, or is under common control with, one or more brokers or dealers registered with the Securities and Exchange Commission; and
(ii) Is required by a foreign regulator or provision of foreign law to be subject to comprehensive consolidated supervision.
(2) A securities holding company does not include a company that is—
(i) A nonbank financial company supervised by the Board pursuant to title I of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5301 et seq. );
(ii) An insured bank (other than an institution described in subparagraphs (D), (F), or (H) of section 2(c)(2) of the Bank Holding Company Act of 1956 (12 U.S.C. 1841(c)(2))) or a savings association;
(iii) An affiliate of an insured bank (other than an institution described in subparagraphs (D), (F), or (H) of section 2(c)(2) of the Bank Holding Company Act of 1956 (12 U.S.C. 1841(c)(2))) or an affiliate of a savings association;
(iv) A foreign bank, foreign company, or company that is described in section 8(a) of the International Banking Act of 1978 (12 U.S.C. 3106(a));
(v) A foreign bank that controls, directly or indirectly, a corporation chartered under section 25A of the Federal Reserve Act (12 U.S.C. 611 et seq. ); or
(vi) Currently subject to comprehensive consolidated supervision by a foreign regulator.
(b) Supervised securities holding company means a securities holding company that is supervised by the Board pursuant to this part.
§ 241.3   Registration as a supervised securities holding company.
(a) Registration —(1) Filing requirement. A securities holding company may elect to register to become a supervised securities holding company by filing the appropriate form with the responsible Reserve Bank. The responsible Reserve Bank is determined by the Director of Banking Supervision and Regulation at the Board, or the Director's delegee.
(2) Request for additional information. The Board may, at any time, request additional information that it believes is necessary to complete the registration.
(3) Complete filing. A registration by a securities holding company is considered to be filed on the date that all information required on the appropriate form is received.
(b) Effective date of registration —(1) In general. A registration filed by a securities holding company under paragraph (a) of this section is effective on the 45th calendar day after the date that a complete filing is received by the responsible Reserve Bank.
(2) Earlier notification that a registration is effective. The Board may notify a securities holding company that its registration to become a supervised securities holding company is effective prior to the 45th calendar day after the date that a complete filing is received by the responsible Reserve Bank. Such a notification must be in writing.
(3) Supervision and regulation of securities holding companies. (i) Upon an effective registration and except as otherwise provided by order of the Board, a supervised securities holding company shall be treated, and shall be subject to supervision and regulation by the Board, as if it were a bank holding company, or as otherwise appropriate to protect the safety and soundness of the supervised securities holding company and address the risks posed by such company to financial stability.
(ii) The provisions of section 4 of the Bank Holding Company Act of 1956 (12 U.S.C. 1841 et seq. ) do not apply to a supervised securities holding company.