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6000 - Bank Holding Company Act


BANK HOLDING COMPANY ACT
______________

TABLE OF CONTENTS

Bank Holding Company Act of 1956


SEC. 1. Short Title
SEC. 2. Definitions

SEC. 3. Acquisition of Bank Shares or Assets

SEC. 4. Interests in Nonbanking Organizations

SEC. 5. Administration

SEC. 6. [Repealed]
SEC. 7. Reservation of rights to States

SEC. 8. Penalties

SEC. 9. Judicial Review
SEC. 10A. [Repealed]
SEC. 11.  

SEC. 105 Acquisition of subsidiary and tying arrangement; Federal Reserve Board proceedings; application for authorization; competitor or as party interest and person aggrieved; judicial review 
SEC. 618 Securities holding companies 
SEC. 13 Prohibitions on proprietary trading and certain relationships with hedge Funds and private equity funds 
SEC. 14 Concentration limits on large financial firms 

Tying Arrangements


SEC. 106(a) Definitions
SEC. 106(b) Certain tying arrangements; prohibited; correspondent accounts
SEC. 106(c) Jurisdiction of courts; duty of United States attorneys; equitable proceedings; petition; expedition of cases; temporary restraining orders; bringing in additional parties; subpenas
SEC. 106(d) Actions by United States; subpenas for witnesses
SEC. 106(e) Civil actions by persons injured; jurisdiction and venue; amount of recovery
SEC. 106(f) Injunctive relief for persons against threatened loss or damages; equitable proceedings; preliminary injunctions
SEC. 106(g) Limitation of actions; suspension of limitations
SEC. 106(h) Actions under other Federal or State laws unaffected; regulations or orders barred as a defense

Part 225—Bank Holding Companies And Change in Bank Control (Regulation Y)

REGULATIONS

Subpart A—General Provisions


SEC. 225.1 Authority, purpose, and scope
SEC. 225.2 Definitions
SEC. 225.3 Administration
SEC. 225.4 Corporate practices
SEC. 225.5 Registration, reports, and inspections
SEC. 225.6 Penalties for violations
SEC. 225.7 Exceptions to tying restrictions

Subpart B—Acquisition of Bank Securities or Assets


SEC. 225.11 Transactions requiring Board approval
SEC. 225.12 Transactions not requiring Board approval
SEC. 225.13 Factors considered in acting on bank acquisition proposals
SEC. 225.14 Expedited action for certain bank acquisitions by well-run bank holding companies
SEC. 225.15 Procedures for other bank acquisition proposals
SEC. 225.16 Public notice, comments, hearings, and other provisions governing applications and notices
SEC. 225.17 Notice procedure for one-bank holding company formations

Subpart C—Nonbanking Activities and Acquisitions by Bank Holding Companies


SEC. 225.21 Prohibited nonbanking activities and acquisitions; exempt bank holding companies
SEC. 225.22 Exempt nonbanking activities and acquisitions
SEC. 225.23 Expedited action for certain nonbanking proposals by well-run bank holding companies
SEC. 225.24 Procedures for other nonbanking proposals
SEC. 225.25 Hearings, alteration of activities, and other matters
SEC. 225.26 Factors considered in acting on nonbanking proposals
SEC. 225.27 Procedures for determining scope of nonbanking activities
SEC. 225.28 List of permissible nonbanking activities

Subpart D—Control and Divestiture Proceedings


SEC. 225.31 Control proceedings

Subpart E—Change in Bank Control


SEC. 225.41 Transactions requiring prior notice
SEC. 225.42 Transactions not requiring prior notice
SEC. 225.43 Procedures for filing, processing, publishing and acting on notices
SEC. 225.44 Reporting of stock loans

Subpart F—Limitations on Nonbank Banks


SEC. 225.52 Limitation on overdrafts

Subpart G—Appraisal Standards for Federally Related Transactions


SEC. 225.61 Authority, purpose, and scope
SEC. 225.62 Definitions
SEC. 225.63 Appraisals required; transactions requiring a state certified or licensed appraiser
SEC. 225.64 Minimum appraisal standards
SEC. 225.65 Appraiser independence
SEC. 225.66 Professional association membership; competency
SEC. 225.67 Enforcement

Subpart H—Notice of Addition or Change of Directors and Senior Executive Officers


SEC. 225.71 Definitions
SEC. 225.72 Director and officer appointments; prior notice requirement
SEC. 225.73 Procedures for filing, processing, and acting on notices; standards for disapproval; waiver of notice

Subpart I—Financial Holding Companies


SEC. 225.81 What is a financial holding company?
SEC. 225.82 How does a bank holding company elect to become a financial holding company?
SEC. 225.83 What are the consequences of failing to continue to meet applicable capital and management requirements?
SEC. 225.84 What are the consequences of failing to maintain a satisfactory or better rating under the Community Reinvestment Act at all insured depository institution subsidiaries?
SEC. 225.85 Is notice to or approval from the Board required prior to engaging in a financial activity?
SEC. 225.86 What activities are permissible for any financial holding com- pany?
SEC. 225.87 Is notice to the Board required after engaging in a financial activity?
SEC. 225.88 How to request the Board to determine that an activity is financial in nature or incidental to a financial activity?
SEC. 225.89 How to request approval to engage in an activity that is complementary to a financial activity?
SEC. 225.90 What are the requirements for a foreign bank to be treated as a financial holding company?
SEC. 225.91 How may a foreign bank elect to be treated as a financial holding company?
SEC. 225.92 How does an election by a foreign bank become effective?
SEC. 225.93 What are the consequences of a foreign bank failing to continue to meet applicable capital and management requirements?
SEC. 225.94 What are the consequences of an insured branch or depository institution failing to maintain a satisfactory or better rating under the Community Reinvestment Act?

INTERPRETATIONS


SEC. 225.101 Bank holding company's subsidiary banks owning shares of nonbanking companies
SEC. 225.102 Bank holding company indirectly owning nonbanking company through subsidiaries
SEC. 225.103 Bank holding company acquiring stock by dividends, stock splits or exercise of rights     
SEC. 225.104 ``Services'' under section 4(c)(1) of Bank Holding Company Act     
SEC. 225.107 Acquisition of stock in small business investment company. .
SEC. 225.109 ``Services'' under section 4(c)(1) of Bank Holding Company Act     
SEC. 225.111 Limit on investment by bank holding company system in stock of small business investment companies     
SEC. 225.112 Indirect control of small business concern through convertible debentures held by small business investment company
SEC. 225.113 Services under section 4(a) of Bank Holding Company Act
SEC. 225.115 Applicability of Bank Service Corporation Act in certain bank holding company situations     
SEC. 225.118 Computer services for customers of subsidiary banks     
SEC. 225.121 Acquisition of Edge corporation affiliate by State member banks of registered bank holding company     
SEC. 225.122 Bank holding company ownership of mortgage companies     
SEC. 225.123 Activities closely related to banking     
SEC. 225.124 Foreign bank holding companies     
SEC. 225.125 Investment adviser activities     
SEC. 225.126 Activities not closely related to banking     
SEC. 225.127 Investment in corporations or projects designed primarily to promote community welfare     
SEC. 225.129 Activities closely related to banking     
SEC. 225.130 Issuance and sale of short-term debt obligations by bank holding companies     
SEC. 225.131 Activities closely related to banking     
SEC. 225.132 Acquisition of assets     
SEC. 225.133 Computation of amount invested in foreign corporations under general consent procedures     
SEC. 225.134 Escrow arrangements involving bank stock resulting in a violation of the Bank Holding Company Act     
SEC. 225.136 Utilization of foreign subsidiaries to sell long-term debt obligations in foreign markets and to transfer the proceeds to their United States parent(s) for domestic purposes     
SEC. 225.137 Acquisition of shares pursuant to section 4(c)(6) of the Bank Holding Company Act     
SEC. 225.138 Statement of policy concerning divestitures by bank holding companies     
SEC. 225.139 Presumption of continued control under section 2(g)(3) of the Bank Holding Company Act     
SEC. 225.140 Disposition of property acquired in satisfaction of debts previously contracted     
SEC. 225.141 Operations subsidiaries of a bank holding company     
SEC. 225.142 Statement of policy concerning bank holding companies engaging in futures, forward and options contracts on U.S. Government and agency securities and money market instruments     
SEC. 225.143 Policy statement on nonvoting equity investments by bank holding companies     
SEC. 225.145 Limitations established by the Competitive Equality Banking Act of 1987 on the activities and growth of nonbank banks     

Subpart J—Merchant Banking Investments


SEC. 225.170 What type of investments are permitted by this subpart, and under what conditions may they be made?
SEC. 225.171 What are the limitations on managing or operating a portfolio company held as a merchant banking investment?
SEC. 225.172 What are the holding periods permitted for merchant banking investments?
SEC. 225.173 How are investments in private equity funds treated under this subpart?
SEC. 225.174 What aggregate thresholds apply to merchant banking investments?
SEC. 225.175 What risk management, record keeping and reporting policies are required to make merchant banking investments?
SEC. 225.176 How do the statutory cross marketing and sections 23A and B limitations apply to merchant banking investments?
SEC. 225.177 Definitions

Subpart K—Proprietary Trading and Relationships With Hedge Funds and Private Equity Funds


SEC. 225.180 Definitions
SEC. 225.181 Conformance period for banking entities engaged in prohibited proprietary trading or private fund activities
SEC. 225.182 Conformance period for nonbank financial companies supervised by the Board engaged in proprietary trading or private fund activities

Subpart L—Conditions to Orders


SEC. 225.200 Conditions to Board's section 20 orders

Appendices to Subparts


Appendix A—Capital Adequacy Guidelines for Bank Holding Companies: Risk-Based Measure
Appendix B—Capital Adequacy Guidelines for Bank Holding Companies and State Member Banks: Leverage Measure
Appendix C—Small Bank Holding Company Policy Statement
Appendix D—Capital Adequacy Guidelines for Bank Holding Companies: Tier 1 Leverage Measure
Appendix E to Part 225—Capital Adequacy Guidelines for Bank Holding Companies: Market Risk Measure
Appendix F To Part 225—Interagency Guidelines Establishing Standards For Safeguarding Customer Information
Appendix G to Part 225—Capital Adequacy Guidelines for Bank Holding Companies: Internal-Ratings-Based and Advanced Measurement Approaches
Supplement A to Appendix F to Part 225—Interagency Guidance on Response Programs for Unauthorized Access to Customer Information and Customer Notice

Appendices to Subparts


Policy statement of the Board of Governors of the Federal Reserve System for assessing the financial factors in the formation of small one-bank holding companies pursuant to the Bank Holding Company Act
Policy statement regarding compliance with the 1980 requirements of the Bank Holding Company Act
Policy on the responsibility of bank holding companies to act as sources of strength to their subsidiary banks

Part 265—Rules Regarding Delegation of Authority


SEC. 265.1 Authority, purpose, and scope
SEC. 265.2 Delegation of functions generally
SEC. 265.3 Board review of delegated actions
SEC. 265.4 Functions delegated to Board Members
SEC. 265.5 Functions delegated to Secretary of the Board
SEC. 265.6 Functions delegated to General Counsel
SEC. 265.7 Functions delegated to Director of Division of Banking Supervision and Regulation
SEC. 265.8 Functions delegated to the Staff Director of Division of International Finance
SEC. 265.9 Functions delegated to the Director of Division of Consumer and Community Affairs
SEC. 265.10 Functions delegated to Secretary of Federal Open Market Committee
SEC. 265.11 Functions delegated to Federal Reserve banks


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Last updated December 28, 2012 regs@fdic.gov