dreamproit/uscode huggingface dataset:
12 U.S.C. § 1848a (BANKS AND BANKING)
§ 1848a. Repealed. Pub. L. 111–203, title VI, § 604(c)(2), July 21, 2010, 124 Stat. 1601
text: Section, act May 9, 1956, ch. 240, § 10A, as added Pub. L. 106–102, title I, § 113, Nov. 12, 1999, 113 Stat. 1368, related to limitation on rulemaking, prudential, supervisory, and enforcement authority of the Board.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of Repeal
text: Repeal effective on the transfer date, see section 604(j) of Pub. L. 111–203, set out as an Effective Date of 2010 Amendment note under section 1462 of this title.
12 U.S.C. § 1850 (BANKS AND BANKING)
§ 1850. Acquisition of subsidiary and tying arrangement: Federal Reserve Board proceedings; application for authorization; competitor as party in interest and person aggrieved; judicial review
With respect to any proceeding before the Federal Reserve Board wherein an applicant seeks authority to acquire a subsidiary which is a bank under section 1842 of this title or to engage in an activity otherwise prohibited under chapter 22 of this title, a party who would become a competitor of the applicant or subsidiary thereof by virtue of the applicant’s or its subsidiary’s acquisition, entry into the business involved, or activity, shall have the right to be a party in interest in the proceeding and, in the event of an adverse order of the Board, shall have the right as an aggrieved party to obtain judicial review thereof as provided in section 1848 of this title or as otherwise provided by law.
(Pub. L. 91–607, title I, § 105, Dec. 31, 1970, 84 Stat. 1766; Pub. L. 106–102, title I, § 102(b)(1), Nov. 12, 1999, 113 Stat. 1341.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the Bank Holding Company Act Amendments of 1970, and not as part of the Bank Holding Company Act of 1956 which comprises this chapter.
heading: Amendments
text: 1999—Pub. L. 106–102 struck out “, to engage directly or indirectly in a nonbanking activity pursuant to section 1843 of this title,” after “section 1842 of this title”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1999 Amendment
text: Amendment by Pub. L. 106–102 effective 120 days after Nov. 12, 1999, see section 161 of Pub. L. 106–102, set out as a note under section 24 of this title.
12 U.S.C. § 1862 (BANKS AND BANKING)
§ 1862. Amount of investment in bank service company
Notwithstanding any limitation or prohibition otherwise imposed by any provision of law exclusively relating to banks or savings associations, other than the limitation on the amount of investment by a Federal savings association contained in section 1464(c)(4)(B) of this title, an insured depository institution may invest not more than 10 per centum of paid-in and unimpaired capital and unimpaired surplus in a bank service company. No insured depository institution shall invest more than 5 per centum of its total assets in bank service companies.
(Pub. L. 87–856, § 2, Oct. 23, 1962, 76 Stat. 1132; Pub. L. 97–320, title VII, § 709, Oct. 15, 1982, 96 Stat. 1541; Pub. L. 104–208, div. A, title II, § 2613(c), Sept. 30, 1996, 110 Stat. 3009–477; Pub. L. 109–351, title VI, § 602(a), (b)(2), Oct. 13, 2006, 120 Stat. 1978, 1979.)
heading: Editorial Notes
heading: Amendments
text: 2006—Pub. L. 109–351 inserted “or savings associations, other than the limitation on the amount of investment by a Federal savings association contained in section 1464(c)(4)(B) of this title” after “relating to banks” and substituted “insured depository institution” for “insured bank” in two places.
1996—Pub. L. 104–208 substituted “company” for “corporation” in section catchline and “company” and “companies” for “corporation” and “corporations”, respectively, in text.
1982—Pub. L. 97–320 substituted provisions relating to the maximum permissible amount of investment in a bank service corporation by an insured bank for provisions which read as follows:
“(a) No limitation or prohibition otherwise imposed by any provision of Federal law exclusively relating to banks shall prevent any two or more banks from investing not more than 10 per centum of the paid-in and unimpaired capital and unimpaired surplus of each of them in a bank service corporation.
“(b) If stock in a bank service corporation has been held by two banks, and one of such banks ceases to utilize the services of the corporation and ceases to hold stock in it, and leaves the other as the sole stockholding bank, the corporation may nevertheless continue to function as such and the other bank may continue to hold stock in it.”
12 U.S.C. § 1863 (BANKS AND BANKING)
§ 1863. Permissible bank service company activities for depository institutions
Without regard to the provisions of sections 1864 and 1865 of this title, an insured depository institution may invest in a bank service company that performs, and a bank service company may perform, the following services only for depository institutions: check and deposit sorting and posting, computation and posting of interest and other credits and charges, preparation and mailing of checks, statements, notices, and similar items, or any other clerical, bookkeeping, accounting, statistical, or similar functions performed for a depository institution.
(Pub. L. 87–856, § 3, Oct. 23, 1962, 76 Stat. 1132; Pub. L. 97–320, title VII, § 709, Oct. 15, 1982, 96 Stat. 1541; Pub. L. 104–208, div. A, title II, § 2613(d), Sept. 30, 1996, 110 Stat. 3009–477; Pub. L. 109–351, title VI, § 602(a), Oct. 13, 2006, 120 Stat. 1978.)
heading: Editorial Notes
heading: Amendments
text: 2006—Pub. L. 109–351 substituted “insured depository institution” for “insured bank”.
1996—Pub. L. 104–208 substituted “company” for “corporation” wherever appearing in section catchline and text.
1982—Pub. L. 97–320 substituted provisions relating to permissible bank service corporation activities for depository institutions for provisions that a bank service corporation must provide bank services to a bank that applied for them if the applying bank competed with a bank which held stock in the corporation unless comparable services were available elsewhere at competitive cost or furnishing the services would be beyond the practical capacity of the corporation.
12 U.S.C. § 1866 (BANKS AND BANKING)
§ 1866. Services to nonstockholders or nonmembers
No bank service company shall unreasonably discriminate in the provision of any services authorized under this chapter to any depository institution that does not own stock in or is not a member of the service company on the basis of the fact that such depository institution is in competition with an institution that owns stock in or is a member of the bank service company, except that—
(1) it shall not be considered unreasonable discrimination for a bank service company to provide services to a nonstockholding or nonmember institution only at a price that fully reflects all of the costs of offering those services, including the cost of capital and a reasonable return thereon; and
(2) a bank service company may refuse to provide services to a nonstockholding or nonmember institution if comparable services are available from another source at competitive overall costs, or if the providing of services would be beyond the practical capacity of the service company.
(Pub. L. 87–856, § 6, Oct. 23, 1962, as added Pub. L. 97–320, title VII, § 709, Oct. 15, 1982, 96 Stat. 1543; amended Pub. L. 104–208, div. A, title II, § 2613(g), Sept. 30, 1996, 110 Stat. 3009–478.)
heading: Editorial Notes
heading: Amendments
text: 1996—Pub. L. 104–208, § 2613(g)(1)–(4), (6), in section catchline, inserted “or nonmembers” after “nonstockholders”, and in introductory provisions of text, substituted “company” for “corporation” wherever appearing and “such depository institution” for “the nonstockholding institution” and inserted “or is not a member of” after “does not own stock in” and “or is a member of” after “that owns stock in”.
Pars. (1), (2). Pub. L. 104–208, § 2613(g)(1), (5), substituted “company” for “corporation” wherever appearing and inserted “or nonmember” after “nonstockholding”.
12 U.S.C. § 1881 (BANKS AND BANKING)
§ 1881. “Federal supervisory agency” defined
As used in this chapter the term “Federal supervisory agency” means the appropriate Federal banking agency, as defined in section 1813(q) of this title.
(Pub. L. 90–389, § 2, July 7, 1968, 82 Stat. 294; Pub. L. 101–73, title VII, § 744(h), Aug. 9, 1989, 103 Stat. 439; Pub. L. 108–386, § 8(d), Oct. 30, 2004, 118 Stat. 2232; Pub. L. 111–203, title III, § 356(1), July 21, 2010, 124 Stat. 1547.)
heading: Editorial Notes
heading: Amendments
text: 2010—Pub. L. 111–203 substituted “the term ‘Federal supervisory agency’ means the appropriate Federal banking agency, as defined in section 1813(q) of this title.” for “the term ‘Federal supervisory agency’ means—
“(1) The Comptroller of the Currency with respect to national banks,
“(2) The Board of Governors of the Federal Reserve System with respect to Federal Reserve banks and State banks which are members of the Federal Reserve System,
“(3) The Federal Deposit Insurance Corporation with respect to State banks which are not members of the Federal Reserve System but the deposits of which are insured by the Federal Deposit Insurance Corporation and State savings associations, and
“(4) The Director of the Office of Thrift Supervision with respect to Federal savings.”
2004—Par. (1). Pub. L. 108–386 struck out “and district banks” after “national banks”.
1989—Par. (3). Pub. L. 101–73, § 744(h)(2), inserted reference to State savings associations.
Par. (4). Pub. L. 101–73, § 744(h)(1), substituted “Director of the Office of Thrift Supervision” for “Federal Home Loan Bank Board”, struck out “and loan” after “Federal savings”, and struck out “associations, and institutions the accounts of which are insured by the Federal Savings and Loan Insurance Corporation” before period at end.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2010 Amendment
text: Amendment by Pub. L. 111–203 effective on the transfer date, see section 351 of Pub. L. 111–203, set out as a note under section 906 of Title 2, The Congress.
heading: Effective Date of 2004 Amendment
text: Amendment by Pub. L. 108–386 effective Oct. 30, 2004, and, except as otherwise provided, applicable with respect to fiscal year 2005 and each succeeding fiscal year, see sections 8(i) and 9 of Pub. L. 108–386, set out as notes under section 321 of this title.
heading: Short Title
text: Pub. L. 90–389, § 1, July 7, 1968, 82 Stat. 294, provided: “That this Act [enacting this chapter and amending section 1729 of this title] may be cited as the ‘Bank Protection Act of 1968’.”
12 U.S.C. § 1882 (BANKS AND BANKING)
§ 1882. Security measures
(a) Rules for installation, maintenance, and operation of security devices and procedures
Within six months from July 7, 1968, each Federal supervisory agency shall promulgate rules establishing minimum standards with which each bank or savings association must comply with respect to the installation, maintenance, and operation of security devices and procedures, reasonable in cost, to discourage robberies, burglaries, and larcenies and to assist in the identification and apprehension of persons who commit such acts.
(b) Time for compliance with standards
The rules shall establish the time limits within which banks and savings associations shall comply with the standards.
(Pub. L. 90–389, § 3, July 7, 1968, 82 Stat. 295; Pub. L. 101–73, title IX, § 911(a), Aug. 9, 1989, 103 Stat. 478; Pub. L. 111–203, title III, § 356(2), July 21, 2010, 124 Stat. 1547.)
heading: Editorial Notes
heading: Amendments
text: 2010—Pub. L. 111–203 struck out “and loan” after “savings” in subsecs. (a) and (b).
1989—Subsec. (b). Pub. L. 101–73 struck out “and shall require the submission of periodic reports with respect to the installation, maintenance, and operation of security devices and procedures” before period at end.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2010 Amendment
text: Amendment by Pub. L. 111–203 effective on the transfer date, see section 351 of Pub. L. 111–203, set out as a note under section 906 of Title 2, The Congress.
heading: Effective Date of 1989 Amendment
text: Amendment by Pub. L. 101–73 applicable with respect to reports filed or required to be filed after Aug. 9, 1989, see section 911(i) of Pub. L. 101–73, set out as a note under section 161 of this title.
12 U.S.C. § 1884 (BANKS AND BANKING)
§ 1884. Penalties for violations
A bank or savings association which violates a rule promulgated pursuant to this chapter shall be subject to a civil penalty which shall not exceed $100 for each day of the violation.
(Pub. L. 90–389, § 5, July 7, 1968, 82 Stat. 295; Pub. L. 111–203, title III, § 356(3), July 21, 2010, 124 Stat. 1547.)
heading: Editorial Notes
heading: Amendments
text: 2010—Pub. L. 111–203 struck out “and loan” after “savings”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2010 Amendment
text: Amendment by Pub. L. 111–203 effective on the transfer date, see section 351 of Pub. L. 111–203, set out as a note under section 906 of Title 2, The Congress.
12 U.S.C. § 1952 (BANKS AND BANKING)
§ 1952. Reports on ownership and control
Where the Secretary determines that the making of appropriate reports by uninsured banks or uninsured institutions of any type with respect to their ownership, control, and managements and any changes therein has a high degree of usefulness in criminal, tax, or regulatory investigations or proceedings, he may by regulation require such banks or institutions to make such reports as he determines in respect of such ownership, control, and managements and changes therein.
(Pub. L. 91–508, title I, § 122, Oct. 26, 1970, 84 Stat. 1116.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective on first day of seventh calendar month which begins after Oct. 26, 1970, except that the Secretary of the Treasury may, by regulation, provide that this section be effective on any date not earlier than the publication of such regulations in the Federal Register and not later than first day of thirteenth calendar month which begins after Oct. 26, 1970, see section 401(a), (b) of Pub. L. 91–508, set out as a note under section 1951 of this title.
12 U.S.C. § 1954 (BANKS AND BANKING)
§ 1954. Injunctions
Whenever it appears to the Secretary that any person has engaged, is engaged, or is about to engage in any acts or practices constituting a violation of any regulation under this chapter, he may in his discretion bring an action, in the proper district court of the United States or the proper United States court of any territory or other place subject to the jurisdiction of the United States, to enjoin such acts or practices, and upon a proper showing a permanent or temporary injunction or restraining order shall be granted without bond. Upon application of the Secretary, any such court may also issue mandatory injunctions commanding any person to comply with any regulation of the Secretary under this chapter.
(Pub. L. 91–508, title I, § 124, Oct. 26, 1970, 84 Stat. 1117.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective on first day of seventh calendar month which begins after Oct. 26, 1970, except that the Secretary of the Treasury may, by regulation, provide that this section be effective on any date not earlier than the publication of such regulations in the Federal Register and not later than first day of thirteenth calendar month which begins after Oct. 26, 1970, see section 401(a), (b) of Pub. L. 91–508, set out as a note under section 1951 of this title.
12 U.S.C. § 1955 (BANKS AND BANKING)
§ 1955. Civil penalties
(a) For each willful or grossly negligent violation of any regulation under this chapter, the Secretary may assess upon any person to which the regulation applies, or any person willfully causing a violation of the regulation, and, if such person is a partnership, corporation, or other entity, upon any partner, director, officer, or employee thereof who willfully or through gross negligence participates in the violation, a civil penalty not exceeding $10,000.
(b) In the event of the failure of any person to pay any penalty assessed under this section, a civil action for the recovery thereof may, in the discretion of the Secretary, be brought in the name of the United States.
(Pub. L. 91–508, title I, § 125, Oct. 26, 1970, 84 Stat. 1117; Pub. L. 100–690, title VI, § 6185(d)(3)(B), Nov. 18, 1988, 102 Stat. 4357; Pub. L. 102–550, title XV, § 1535(c)(1), Oct. 28, 1992, 106 Stat. 4067.)
heading: Editorial Notes
heading: Amendments
text: 1992—Subsec. (a). Pub. L. 102–550 inserted “or any person willfully causing a violation of the regulation,” after “applies,”.
1988—Subsec. (a). Pub. L. 100–690 inserted “or grossly negligent” after “willful” and “or through gross negligence” after “willfully” and substituted “$10,000” for “$1,000”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective on first day of seventh calendar month which begins after Oct. 26, 1970, except that the Secretary of the Treasury may, by regulation, provide that this section be effective on any date not earlier than the publication of such regulations in the Federal Register and not later than first day of thirteenth calendar month which begins after Oct. 26, 1970, see section 401(a), (b) of Pub. L. 91–508, set out as a note under section 1951 of this title.
12 U.S.C. § 1956 (BANKS AND BANKING)
§ 1956. Criminal penalty
Whoever willfully violates any regulation under this chapter shall be fined not more than $1,000 or imprisoned not more than one year, or both.
(Pub. L. 91–508, title I, § 126, Oct. 26, 1970, 84 Stat. 1118.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective on first day of seventh calendar month which begins after Oct. 26, 1970, except that the Secretary of the Treasury may, by regulation, provide that this section be effective on any date not earlier than the publication of such regulations in the Federal Register and not later than first day of thirteenth calendar month which begins after Oct. 26, 1970, see section 401(a), (b) of Pub. L. 91–508, set out as a note under section 1951 of this title.
12 U.S.C. § 1957 (BANKS AND BANKING)
§ 1957. Additional criminal penalty in certain cases
Whoever willfully violates, or willfully causes a violation of any regulation under this chapter, section 1829b of this title, or section 1730d 1 of this title, where the violation is committed in furtherance of the commission of any violation of Federal law punishable by imprisonment for more than one year, shall be fined not more than $10,000 or imprisoned not more than five years, or both.
(Pub. L. 91–508, title I, § 127, Oct. 26, 1970, 84 Stat. 1118; Pub. L. 102–550, title XV, § 1535(c)(2), Oct. 28, 1992, 106 Stat. 4067.)
heading: Editorial Notes
heading: References in Text
text: Section 1730d of this title, referred to in text, was repealed by Pub. L. 101–73, title IV, § 407, Aug. 9, 1989, 103 Stat. 363.
heading: Amendments
text: 1992—Pub. L. 102–550 inserted “, or willfully causes a violation of” after “Whoever willfully violates”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective on first day of seventh calendar month which begins after Oct. 26, 1970, except that the Secretary of the Treasury may, by regulation, provide that this section be effective on any date not earlier than the publication of such regulations in the Federal Register and not later than first day of thirteenth calendar month which begins after Oct. 26, 1970, see section 401(a), (b) of Pub. L. 91–508, set out as a note under section 1951 of this title.
12 U.S.C. § 1958 (BANKS AND BANKING)
§ 1958. Compliance
The Secretary shall have the responsibility to assure compliance with the requirements of this chapter and section 1829b of this title and may delegate such responsibility to the appropriate bank supervisory agency, or other supervisory agency. The Secretary may rely on examinations conducted by a State supervisory agency of a category of financial institution, if the Secretary determines that the category of financial institution is required to comply with this chapter and section 1829b of this title (and regulations prescribed under this chapter and section 1829b of this title), or the State supervisory agency examines the category of financial institution for compliance with this chapter and section 1829b of this title (and regulations prescribed under this chapter and section 1829b of this title).
(Pub. L. 91–508, title I, § 128, Oct. 26, 1970, 84 Stat. 1118; Pub. L. 113–156, § 2(b), Aug. 8, 2014, 128 Stat. 1829.)
heading: Editorial Notes
heading: Amendments
text: 2014—Pub. L. 113–156 substituted “requirements of this chapter and section 1829b of this title” for “requirements of this chapter and sections 1730d and 1829b of this title” and inserted at end “The Secretary may rely on examinations conducted by a State supervisory agency of a category of financial institution, if the Secretary determines that the category of financial institution is required to comply with this chapter and section 1829b of this title (and regulations prescribed under this chapter and section 1829b of this title), or the State supervisory agency examines the category of financial institution for compliance with this chapter and section 1829b of this title (and regulations prescribed under this chapter and section 1829b of this title).”
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective on first day of seventh calendar month which begins after Oct. 26, 1970, except that the Secretary of the Treasury may, by regulation, provide that this section be effective on any date not earlier than the publication of such regulations in the Federal Register and not later than first day of thirteenth calendar month which begins after Oct. 26, 1970, see section 401(a), (b) of Pub. L. 91–508, set out as a note under section 1951 of this title.
heading: Consultation With State Agencies
text: Pub. L. 113–156, § 2(c), Aug. 8, 2014, 128 Stat. 1830, provided that: “In issuing rules to carry out section 5318(a)(6) of title 31, United States Code, and section 128 of Public Law 91–508 (12 U.S.C. 1958), the Secretary of the Treasury shall consult with State supervisory agencies.”
12 U.S.C. § 1959 (BANKS AND BANKING)
§ 1959. Administrative procedure
The administrative procedure and judicial review provisions of subchapter II of chapter 5 and chapter 7 of title 5 shall apply to all proceedings under this chapter, section 1829b of this title, and section 1730d 1 of this title.
(Pub. L. 91–508, title I, § 129, Oct. 26, 1970, 84 Stat. 1118.)
heading: Editorial Notes
heading: References in Text
text: Section 1730d of this title, referred to in text, was repealed by Pub. L. 101–73, title IV, § 407, Aug. 9, 1989, 103 Stat. 363.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective on first day of seventh calendar month which begins after Oct. 26, 1970, except that the Secretary of the Treasury may, by regulation, provide that this section be effective on any date not earlier than the publication of such regulations in the Federal Register and not later than first day of thirteenth calendar month which begins after Oct. 26, 1970, see section 401(a), (b) of Pub. L. 91–508, set out as a note under section 1951 of this title.