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

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LegalText 12 U.S.C. § 1831v Authority of State insurance regulator and Securities and Exchange Commission us united_states_code code_section 12 BANKS AND BANKING 16 FEDERAL DEPOSIT INSURANCE CORPORATION 1831v 12 U.S.C. § 1831v 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/s1831v data/legal/raw/us/code/title-12/usc12.xml e3f8688d62794ab73b3a7516aaf7d0e6cc07432ddc96d4adc8f341159caf37b6 e6b98700ef4156ac33fde5d105824845d727afa91a53f3762be2cf4d1a3b01fa fec938d12a4423eff7218d7429840cd2e1d0537f0251370cc5a9ff53f067019f 2026-07-04 official
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12 U.S.C. § 1831v - Authority of State insurance regulator and Securities and Exchange Commission

Text

(a) In general Notwithstanding any other provision of law, the provisions of—

(1) section 1844(c) of this title that limit the authority of the Board of Governors of the Federal Reserve System to require reports from, to make examinations of, or to impose capital requirements on holding companies and their functionally regulated subsidiaries or that require deference to other regulators;

(2) section 1844(g) of this title that limit the authority of the Board to require a functionally regulated subsidiary of a holding company to provide capital or other funds or assets to a depository institution subsidiary of the holding company and to take certain actions including requiring divestiture of the depository institution; and

(3) section 1848a 11 See References in Text note below. of this title that limit whatever authority the Board might otherwise have to take direct or indirect action with respect to holding companies and their functionally regulated subsidiaries;

shall also limit whatever authority that a Federal banking agency might otherwise have under any statute or regulation to require reports, make examinations, impose capital requirements, or take any other direct or indirect action with respect to any functionally regulated affiliate of a depository institution, subject to the same standards and requirements as are applicable to the Board under those provisions.

(b) Certain exemption authorized No provision of this section shall be construed as preventing the Corporation, if the Corporation finds it necessary to determine the condition of a depository institution for insurance purposes, from examining an affiliate of any depository institution, pursuant to section 1820(b)(4) of this title, as may be necessary to disclose fully the relationship between the depository institution and the affiliate, and the effect of such relationship on the depository institution.

(c) Definitions For purposes of this section, the following definitions shall apply:

(1) Functionally regulated subsidiary The term “functionally regulated subsidiary” has the meaning given the term in section 1844(c)(5) of this title.

(2) Functionally regulated affiliate The term “functionally regulated affiliate” means, with respect to any depository institution, any affiliate of such depository institution that is—

(A) not a depository institution holding company; and

(B) a company described in any clause of section 1844(c)(5)(B) of this title.

(Sept. 21, 1950, ch. 967, § 2[45], as added Pub. L. 106102, title I, § 112(b), Nov. 12, 1999, 113 Stat. 1367.)

Notes

Editorial Notes

References in TextSection 1848a of this title, referred to in subsec. (a)(3), was repealed by Pub. L. 111203, title VI, § 604(c)(2), July 21, 2010, 124 Stat. 1601.

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.