12 U.S.C. § 1831a : US Code - Section 1831A: Activities of insured State banks

Search 12 U.S.C. § 1831a : US Code - Section 1831A: Activities of insured State banks

(a) Permissible activities
(1) In general
After the end of the 1-year period beginning on December 19,
1991, an insured State bank may not engage as principal in any
type of activity that is not permissible for a national bank
unless -
(A) the Corporation has determined that the activity would
pose no significant risk to the Deposit Insurance Fund; and
(B) the State bank is, and continues to be, in compliance
with applicable capital standards prescribed by the appropriate
Federal banking agency.
(2) Processing period
(A) In general
The Corporation shall make a determination under paragraph
(1)(A) not later than 60 days after receipt of a completed
application that may be required under this subsection.
(B) Extension of time period
The Corporation may extend the 60-day period referred to in
subparagraph (A) for not more than 30 additional days, and
shall notify the applicant of any such extension.
(b) Insurance underwriting
(1) In general
Notwithstanding subsection (a) of this section, an insured
State bank may not engage in insurance underwriting except to the
extent that activity is permissible for national banks.
(2) Exception for certain federally reinsured crop insurance
Notwithstanding any other provision of law, an insured State
bank or any of its subsidiaries that provided insurance on or
before September 30, 1991, which was reinsured in whole or in
part by the Federal Crop Insurance Corporation may continue to
provide such insurance.
(c) Equity investments by insured State banks
(1) In general
An insured State bank may not, directly or indirectly, acquire
or retain any equity investment of a type that is not permissible
for a national bank.
(2) Exception for certain subsidiaries
Paragraph (1) shall not prohibit an insured State bank from
acquiring or retaining an equity investment in a subsidiary of
which the insured State bank is a majority owner.
(3) Exception for qualified housing projects
(A) Exception
Notwithstanding any other provision of this subsection, an
insured State bank may invest as a limited partner in a
partnership, the sole purpose of which is direct or indirect
investment in the acquisition, rehabilitation, or new
construction of a qualified housing project.
(B) Limitation
The aggregate of the investments of any insured State bank
pursuant to this paragraph shall not exceed 2 percent of the
total assets of the bank.
(C) Qualified housing project defined
As used in this paragraph -
(i) Qualified housing project
The term "qualified housing project" means residential real
estate that is intended to primarily benefit lower income
people throughout the period of the investment.
(ii) Lower income
The term "lower income" means income that is less than or
equal to the median income based on statistics from State or
Federal sources.
(4) Transition rule
(A) In general
The Corporation shall require any insured State bank to
divest any equity investment the retention of which is not
permissible under this subsection as quickly as can be
prudently done, and in any event before the end of the 5-year
period beginning on December 19, 1991.
(B) Treatment of noncompliance during divestment
With respect to any equity investment held by any insured
State bank on December 19, 1991, which was lawfully acquired
before December 19, 1991, the bank shall be deemed not to be in
violation of the prohibition in this subsection on retaining
such investment so long as the bank complies with the
applicable requirements established by the Corporation for
divesting such investments.
(d) Subsidiaries of insured State banks
(1) In general
After the end of the 1-year period beginning on December 19,
1991, a subsidiary of an insured State bank may not engage as
principal in any type of activity that is not permissible for a
subsidiary of a national bank unless -
(A) the Corporation has determined that the activity poses no
significant risk to the Deposit Insurance Fund; and
(B) the bank is, and continues to be, in compliance with
applicable capital standards prescribed by the appropriate
Federal banking agency.
(2) Insurance underwriting prohibited
(A) Prohibition
Notwithstanding paragraph (1), no subsidiary of an insured
State bank may engage in insurance underwriting except to the
extent such activities are permissible for national banks.
(B) Continuation of existing activities
Notwithstanding subparagraph (A), a well-capitalized insured
State bank or any of its subsidiaries that was lawfully
providing insurance as principal in a State on November 21,
1991, may continue to provide, as principal, insurance of the
same type to residents of the State (including companies or
partnerships incorporated in, organized under the laws of,
licensed to do business in, or having an office in the State,
but only on behalf of their employees resident in or property
located in the State), individuals employed in the State, and
any other person to whom the bank or subsidiary has provided
insurance as principal, without interruption, since such person
resided in or was employed in such State.
(C) Exception
Subparagraph (A) does not apply to a subsidiary of an insured
State bank if -
(i) the insured State bank was required, before June 1,
1991, to provide title insurance as a condition of the bank's
initial chartering under State law; and
(ii) control of the insured State bank has not changed
since that date.
(3) Processing period
(A) In general
The Corporation shall make a determination under paragraph
(1)(A) not later than 60 days after receipt of a completed
application that may be required under this subsection.
(B) Extension of time period
The Corporation may extend the 60-day period referred to in
subparagraph (A) for not more than 30 additional days, and
shall notify the applicant of any such extension.
(e) Savings bank life insurance
(1) In general
No provision of this chapter shall be construed as prohibiting
or impairing the sale or underwriting of savings bank life
insurance, or the ownership of stock in a savings bank life
insurance company, by any insured bank which -
(A) is located in the Commonwealth of Massachusetts or the
State of New York or Connecticut; and
(B) meets applicable consumer disclosure requirements with
respect to such insurance.
(2) FDIC finding and action regarding risk
(A) Finding
Before the end of the 1-year period beginning on December 19,
1991, the Corporation shall make a finding whether savings bank
life insurance activities of insured banks pose or may pose any
significant risk to the Deposit Insurance Fund.
(B) Actions
(i) In general
The Corporation shall, pursuant to any finding made under
subparagraph (A), take appropriate actions to address any
risk that exists or may subsequently develop with respect to
insured banks described in paragraph (1)(A).
(ii) Authorized actions
Actions the Corporation may take under this subparagraph
include requiring the modification, suspension, or
termination of insurance activities conducted by any insured
bank if the Corporation finds that the activities pose a
significant risk to any insured bank described in paragraph
(1)(A) or to the Deposit Insurance Fund.
(f) Common and preferred stock investment
(1) In general
An insured State bank shall not acquire or retain, directly or
indirectly, any equity investment of a type or in an amount that
is not permissible for a national bank or is not otherwise
permitted under this section.
(2) Exception for banks in certain States
Notwithstanding paragraph (1), an insured State bank may, to
the extent permitted by the Corporation, acquire and retain
ownership of securities described in paragraph (1) to the extent
the aggregate amount of such investment does not exceed an amount
equal to 100 percent of the bank's capital if such bank -
(A) is located in a State that permitted, as of September 30,
1991, investment in common or preferred stock listed on a
national securities exchange or shares of an investment company
registered under the Investment Company Act of 1940 [15 U.S.C.
80a-1 et seq.]; and
(B) made or maintained an investment in such securities
during the period beginning on September 30, 1990, and ending
on November 26, 1991.
(3) Exception for certain types of institutions
Notwithstanding paragraph (1), an insured State bank may -
(A) acquire not more than 10 percent of a corporation that
only -
(i) provides directors', trustees', and officers' liability
insurance coverage or bankers' blanket bond group insurance
coverage for insured depository institutions; or
(ii) reinsures such policies; and
(B) acquire or retain shares of a depository institution if -

(i) the institution engages only in activities permissible
for national banks;
(ii) the institution is subject to examination and
regulation by a State bank supervisor;
(iii) 20 or more depository institutions own shares of the
institution and none of those institutions owns more than 15
percent of the institution's shares; and
(iv) the institution's shares (other than directors'
qualifying shares or shares held under or initially acquired
through a plan established for the benefit of the
institution's officers and employees) are owned only by the
institution.
(4) Transition period for common and preferred stock investments
(A) In general
During each year in the 3-year period beginning on December
19, 1991, each insured State bank shall reduce by not less than
1/3 of its shares (as of December 19, 1991) the bank's
ownership of securities in excess of the amount equal to 100
percent of the capital of such bank.
(B) Compliance at end of period
By the end of the 3-year period referred to in subparagraph
(A), each insured State bank and each subsidiary of a State
bank shall be in compliance with the maximum amount limitations
on investments referred to in paragraph (1).
(5) Loss of exception upon acquisition
Any exception applicable under paragraph (2) with respect to
any insured State bank shall cease to apply with respect to such
bank upon any change in control of such bank or any conversion of
the charter of such bank.
(6) Notice and approval
An insured State bank may only engage in any investment
pursuant to paragraph (2) if -
(A) the bank has filed a 1-time notice of the bank's
intention to acquire and retain investments described in
paragraph (1); and
(B) the Corporation has determined, within 60 days of
receiving such notice, that acquiring or retaining such
investments does not pose a significant risk to the Deposit
Insurance Fund.
(7) Divestiture
(A) In general
The Corporation may require divestiture by an insured State
bank of any investment permitted under this subsection if the
Corporation determines that such investment will have an
adverse effect on the safety and soundness of the bank.
(B) Reasonable standard
The Corporation shall not require divestiture by any bank
pursuant to subparagraph (A) without reason to believe that
such investment will have an adverse effect on the safety and
soundness of the bank.
(g) Determinations
The Corporation shall make determinations under this section by
regulation or order.
(h) "Activity" defined
For purposes of this section, the term "activity" includes
acquiring or retaining any investment.
(i) Other authority not affected
This section shall not be construed as limiting the authority of
any appropriate Federal banking agency or any State supervisory
authority to impose more stringent restrictions.
(j) Activities of branches of out-of-State banks
(1) Application of host State law
The laws of a host State, including laws regarding community
reinvestment, consumer protection, fair lending, and
establishment of intrastate branches, shall apply to any branch
in the host State of an out-of-State State bank to the same
extent as such State laws apply to a branch in the host State of
an out-of-State national bank. To the extent host State law is
inapplicable to a branch of an out-of-State State bank in such
host State pursuant to the preceding sentence, home State law
shall apply to such branch.
(2) Activities of branches
An insured State bank that establishes a branch in a host State
may conduct any activity at such branch that is permissible under
the laws of the home State of such bank, to the extent such
activity is permissible either for a bank chartered by the host
State (subject to the restrictions in this section) or for a
branch in the host State of an out-of-State national bank.
(3) Savings provision
No provision of this subsection shall be construed as affecting
the applicability of -
(A) any State law of any home State under subsection (b),
(c), or (d) of section 1831u of this title; or
(B) Federal law to State banks and State bank branches in the
home State or the host State.
(4) Definitions
The terms "host State", "home State", and "out-of-State bank"
have the same meanings as in section 1831u(f) (!1) of this title.