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) ofsection
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.
2006—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. 104–208substituted “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. 97–320substituted 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. 95–630among 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.
Effective Date of 1978 Amendment
Amendment by Pub. L. 95–630effective on expiration of 120 days after Nov. 10, 1978, see section 2101 ofPub. L. 95–630, set out as an Effective Date note under section
375b 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 Tuesday, August 13, 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.
Description of Change
Statutes at Large
LII has no control over and does not endorse any external Internet site that contains links to or references LII.