group of persons

(iii)The term “group of persons” includes any number of persons that the foreign bank or any affiliate thereof reasonably believes— (I)are acting together, in concert, or with one another to acquire or control shares of the same insured depository institution, including an acquisition of shares of the same insured depository institution at approximately the same time under substantially the same terms; or (II)have made, or propose to make, a joint filing undersection 78m of title 15regarding ownership of the shares of the same insured depository institution. (C)Any shares of the insured depository institution held by the foreign bank or any affiliate thereof as principal shall be included in the calculation of the number of shares in which the foreign bank or any affiliate thereof has a security interest for purposes of subparagraph (A). (D) (i)The report required under this paragraph shall be a consolidated report on behalf of the foreign bank and all affiliates thereof, and shall be filed in writing within 30 days of the date on which the foreign bank or affiliate thereof first believes that the security for any outstanding credit consists of 25 percent or more of any class of shares of an insured depository institution. (ii)The report under this paragraph shall indicate the number and percentage of shares securing each applicable extension of credit, the identity of the borrower, and the number of shares held as principal by the foreign bank and any affiliate thereof. (iii)A copy of any report under this paragraph shall be filed with the appropriate Federal banking agency for the foreign bank or any affiliate thereof (if other than the agency receiving the report under this paragraph). (iv)Each appropriate Federal banking agency may require any additional information necessary to carry out the agency’s supervisory responsibilities. (E) (i)Notwithstanding subparagraph (A), a foreign bank or any affiliate thereof shall not be required to report a transaction under this paragraph if the person or group of persons referred to in such subparagraph has disclosed the amount borrowed from such foreign bank or any affiliate thereof and the security interest of the foreign bank or any affiliate thereof to the appropriate Federal banking agency for the insured depository institution in connection with a notice filed under this subsection, an application filed under the Bank Holding Company Act of 1956 [12 U.S.C. 1841et seq.],section 1467a of this title, or any other application filed with the appropriate Federal banking agency for the insured depository institution as a substitute for a notice under this subsection, such as an application for deposit insurance, membership in the Federal Reserve System, or a national bank charter. (ii)Notwithstanding subparagraph (A), a foreign bank and any affiliate thereof shall not be required to report a transaction involving— (I)a person or group of persons that has been the owner or owners of record of the stock for a period of 1 year or more; or (II)stock issued by a newly chartered bank before the bank’s opening.

Source

12 USC § 1817(j)(9)(B)(iii)


Scoping language

For purposes of this paragraph
Is this correct? or