12 USC § 1820a - Examination of investment companies | Title 12 - Banks and Banking | U.S. Code

USCPrelim is a preliminary release and may be subject to further revision before it is released again as a final version.

Current through Pub. L. 113-9. (See Public Laws for the current Congress.)

(a) Exclusive Commission authority

Except as provided in subsection (c) of this section, a Federal banking agency may not inspect or examine any registered investment company that is not a bank holding company or a savings and loan holding company.

(b) Examination results and other information

The Commission shall provide to any Federal banking agency, upon request, the results of any examination, reports, records, or other information with respect to any registered investment company to the extent necessary for the agency to carry out its statutory responsibilities.

(c) Certain examinations authorized

Nothing in this section shall prevent the Corporation, if the Corporation finds it necessary to determine the condition of an insured depository institution for insurance purposes, from examining an affiliate of any insured depository institution, pursuant to its authority under section 1820 (b)(4) of this title, as may be necessary to disclose fully the relationship between the insured depository institution and the affiliate, and the effect of such relationship on the insured depository institution.

(d) Definitions

For purposes of this section, the following definitions shall apply:

(1) Bank holding company

The term “bank holding company” has the meaning given the term in section 1841 of this title.

(2) Commission

The term “Commission” means the Securities and Exchange Commission.

(3) Corporation

The term “Corporation” means the Federal Deposit Insurance Corporation.

(4) Federal banking agency

The term “Federal banking agency” has the meaning given the term in section 1813 (z) of this title.

(5) Insured depository institution

The term “insured depository institution” has the meaning given the term in section 1813 (c) of this title.

(6) Registered investment company

The term “registered investment company” means an investment company that is registered with the Commission under the Investment Company Act of 1940 [15 U.S.C. 80a–1 et seq.].

(7) Savings and loan holding company

The term “savings and loan holding company” has the meaning given the term in section 1467a (a)(1)(D) of this title.

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(a) Exclusive Commission authority

Except as provided in subsection (c) of this section, a Federal banking agency may not inspect or examine any registered investment company that is not a bank holding company or a savings and loan holding company.

(b) Examination results and other information

The Commission shall provide to any Federal banking agency, upon request, the results of any examination, reports, records, or other information with respect to any registered investment company to the extent necessary for the agency to carry out its statutory responsibilities.

(c) Certain examinations authorized

Nothing in this section shall prevent the Corporation, if the Corporation finds it necessary to determine the condition of an insured depository institution for insurance purposes, from examining an affiliate of any insured depository institution, pursuant to its authority under section 1820 (b)(4) of this title, as may be necessary to disclose fully the relationship between the insured depository institution and the affiliate, and the effect of such relationship on the insured depository institution.

(d) Definitions

For purposes of this section, the following definitions shall apply:

(1) Bank holding company

The term “bank holding company” has the meaning given the term in section 1841 of this title.

(2) Commission

The term “Commission” means the Securities and Exchange Commission.

(3) Corporation

The term “Corporation” means the Federal Deposit Insurance Corporation.

(4) Federal banking agency

The term “Federal banking agency” has the meaning given the term in section 1813 (z) of this title.

(5) Insured depository institution

The term “insured depository institution” has the meaning given the term in section 1813 (c) of this title.

(6) Registered investment company

The term “registered investment company” means an investment company that is registered with the Commission under the Investment Company Act of 1940 [15 U.S.C. 80a–1 et seq.].

(7) Savings and loan holding company

The term “savings and loan holding company” has the meaning given the term in section 1467a (a)(1)(D) of this title.

Source

(Pub. L. 106–102, title I, § 115,Nov. 12, 1999, 113 Stat. 1371.)

References in Text

The Investment Company Act of 1940, referred to in subsec. (d)(6), is title I of act Aug. 22, 1940, ch. 686, 54 Stat. 789, as amended, which is classified generally to subchapter I (§ 80a–1 et seq.) of chapter 2D of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see section 80a–51 of Title 15 and Tables.

Codification

Section was enacted as part of the Gramm-Leach-Bliley Act, and not as part of the Federal Deposit Insurance Act which comprises this chapter.

Effective Date

Section effective 120 days after Nov. 12, 1999, see section 161 ofPub. L. 106–102, set out as an Effective Date of 1999 Amendment note under section 24 of this title.

The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.

The most recent Classification Table update that we have noticed was Wednesday, May 29, 2013

An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.

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"nt [tbl]" means note [table].
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"fr" means a transfer from another section.
"to" means a transfer to another section.
"omitted" means the section is omitted.
"repealed" means the section is repealed.
"nt ed change" and "ed change" - See the Editorial Classification Change Table [pdf].

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General Reference

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12 USC	Description of Change	Session Year	Public Law	Statutes at Large

12 USC § 1820a - Examination of investment companies

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