republic-os/legal/us/code/title-12/chapter-18/section-1865.md

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LegalText	12 U.S.C. § 1865	Prior approval for investments in bank service companies	us	united_states_code	code_section	12	BANKS AND BANKING	18	BANK SERVICE COMPANIES	1865	12 U.S.C. § 1865	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/s1865	data/legal/raw/us/code/title-12/usc12.xml	7cb61a0734778bb5dd4c99643c8b1bdff2436dd99207f2fa1039d35badd9a3e5	e6b98700ef4156ac33fde5d105824845d727afa91a53f3762be2cf4d1a3b01fa	b1c8bdea023e1d7f6da498423ce9d744ce07f8247ec6b47bd41d69cc988506aa	2026-07-04	official	legal us-code

12 U.S.C. § 1865 - Prior approval for investments in bank service companies

Text

(a) Approval of Federal banking agency No insured depository institution shall invest in the capital stock of a bank service company that performs any service under authority of subsection (c), (d), or (e) of section 1864 of this title without prior notice, as determined by the appropriate Federal banking agency for the insured depository institution.

(b) Approval of Board No insured depository institution shall invest in the capital stock of a bank service company that performs any service authorized only under authority of section 1864(f) of this title and no bank service company shall perform any activity authorized only under section 1864(f) of this title without the prior approval of the Board.

(c) Considerations in determining approval In determining whether to approve or deny any application for prior approval or whether to approve or disapprove any notice under this section, the Board or the appropriate Federal banking agency, as the case may be, is authorized to consider the financial and managerial resources and future prospects of any insured depository institution and bank service company involved, including the financial capability of the insured depository institution to make a proposed investment under this chapter, and possible adverse effects such as undue concentration of resources, unfair or decreased competition, conflicts of interest, or unsafe or unsound banking practices.

(d) Failure to act on application for approval In the event the Board or the appropriate Federal banking agency, as the case may be, fails to act on any application under this section within ninety days of the submission of a complete application to the agency, the application shall be deemed approved.

(Pub. L. 87–856, § 5, Oct. 23, 1962, 76 Stat. 1133; Pub. L. 95–630, title III, § 308, Nov. 10, 1978, 92 Stat. 3677; Pub. L. 97–320, title VII, § 709, Oct. 15, 1982, 96 Stat. 1542; Pub. L. 103–325, title III, § 323, Sept. 23, 1994, 108 Stat. 2227; Pub. L. 104–208, div. A, title II, § 2613(f), Sept. 30, 1996, 110 Stat. 3009–478; Pub. L. 109–351, title VI, § 602(b)(4), Oct. 13, 2006, 120 Stat. 1980.)

Notes

Editorial Notes

Amendments2006—Subsec. (a). Pub. L. 109–351, § 602(b)(4)(A), substituted “insured depository institution” for “insured bank”, struck out “bank’s” before “appropriate Federal banking agency”, and inserted “for the insured depository institution” before period at end. Subsec. (b). Pub. L. 109–351, § 602(b)(4)(B), substituted “insured depository institution” for “insured bank” and inserted “authorized only” after “performs any service” and “perform any activity”. Subsec. (c). Pub. L. 109–351, § 602(b)(4)(C), substituted “any insured depository institution” for “the bank or banks” and “capability of the insured depository institution” for “capability of the bank”. 1996—Pub. L. 104–208 substituted “companies” for “corporations” in section catchline and “company” for “corporation” wherever appearing in text. 1994—Subsec. (a). Pub. L. 103–325, § 323(1), substituted “prior notice, as determined by” for “the prior approval of”. Subsec. (c). Pub. L. 103–325, § 323(2), inserted “or whether to approve or disapprove any notice” after “approval”. 1982—Pub. L. 97–320 substituted provisions relating to prior approval for investments in bank service corporations for provisions relating to regulation and examination of bank services for a regularly examined bank or its subsidiary or affiliate whether performed on or off its premises. See section 1867(c) of this title. 1978—Pub. L. 95–630 among other changes, substituted provisions requiring banks regularly examined by a Federal supervisory agency, which cause to be performed, by contract or otherwise, any bank service for itself, to notify such supervisory agency of the existence of a service relationship within 30 days after making such service contract or performance of service, whichever occurs first for provisions requiring that no bank subject to examination by a Federal supervisory agency may cause to be performed, by contract or otherwise, any bank service for itself unless satisfactory assurances are furnished to such supervisory agency by both the bank and the party performing such services that the performances thereof will be subject to regulation and examination by such agency to the same extent as if such services were being performed by the bank itself.

Statutory Notes and Related Subsidiaries

Effective Date of 1978 AmendmentAmendment by Pub. L. 95–630 effective on expiration of 120 days after Nov. 10, 1978, see section 2101 of Pub. L. 95–630, set out as an Effective Date note under section 375b of this title.