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2026-07-06 10:51:44 -04:00

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LegalText 12 U.S.C. § 1831w Safety and soundness firewalls applicable to financial subsidiaries of banks us united_states_code code_section 12 BANKS AND BANKING 16 FEDERAL DEPOSIT INSURANCE CORPORATION 1831w 12 U.S.C. § 1831w current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc12@119-100.zip /us/usc/t12/s1831w data/legal/raw/us/code/title-12/usc12.xml dd93b672b7bda0fa50a8edbf35a438f6c46559942cba8b6aa67bc58515d1492e e6b98700ef4156ac33fde5d105824845d727afa91a53f3762be2cf4d1a3b01fa 5d2b4ffc9b579492cae4a6947d9fd8f9caa1821bce6f73e184f8b9b0ef9fbf7c 2026-07-04 official
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12 U.S.C. § 1831w - Safety and soundness firewalls applicable to financial subsidiaries of banks

Text

(a) In general An 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 371c1] made by section 121(b) of the Gramm-Leach-Bliley Act.

(b) Preservation of existing subsidiaries Notwithstanding 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) Definitions For purposes of this section, the following definitions shall apply:

(1) Subsidiary The 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 subsidiary The term “financial subsidiary” has the meaning given the term in section 24a(g) of this title.

(d) Preservation of authority (1) This chapter No 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 Act No 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].

(Sept. 21, 1950, ch. 967, § 2[46], as added Pub. L. 106102, title I, § 121(d)(1), Nov. 12, 1999, 113 Stat. 1380.)

Notes

Editorial Notes

References in TextSection 121(b) of the Gramm-Leach-Bliley Act, referred to in subsec. (a)(4), is section 121(b) of Pub. L. 106102, title I, Nov. 12, 1999, 113 Stat. 1378, which amended section 371c of this title.

Statutory Notes and Related Subsidiaries

Effective DateSection effective 120 days after Nov. 12, 1999, see section 161 of Pub. L. 106102, set out as an Effective Date of 1999 Amendment note under section 24 of this title.