Title 12, Banks and BankingRelease 119-110

§1831w Safety and Soundness Firewalls Applicable to Financial Subsidiaries of Banks

Title 12 › CHAPTER 16 — FEDERAL DEPOSIT INSURANCE CORPORATION › § 1831w

Last updated Sep 22, 2026|Official source

Summary

Allows an insured State bank to own or control a subsidiary that does certain financial activities only if four rules are met: the State bank and each insured bank affiliate are well capitalized after the required capital deduction; the bank follows the capital deduction and financial statement disclosure rules in section 24a(c); the bank follows the financial and operational safeguards in section 24a(d); and the bank follows the changes to sections 23A and 23B of the Federal Reserve Act made by section 121(b) of the Gramm‑Leach‑Bliley Act. A State bank may keep control of a subsidiary it lawfully controlled or acquired before November 12, 1999, and may keep doing whatever that subsidiary was allowed to do on that date. Definitions: “Subsidiary” means a company that is a subsidiary of one or more insured banks (see 1813(w)(4)); “financial subsidiary” has the meaning in section 24a(g). This does not limit the FDIC’s review power under section 1831a, nor affect the 20th undesignated paragraph of section 9 of the Federal Reserve Act.

Full Legal Text

Title 12, §1831w

Banks and Banking, Source: USLM XML via OLRC

(a)In general
An insured State bank may control or hold an interest in a subsidiary that engages in activities as principal that would only be permissible for a national bank to conduct through a financial subsidiary if—
(1)the State bank and each insured depository institution affiliate of the State bank are well capitalized (after the capital deduction required by paragraph (2));
(2)the State bank complies with the capital deduction and financial statement disclosure requirements in section 24a(c) of this title;
(3)the State bank complies with the financial and operational safeguards required by section 24a(d) of this title; and
(4)the State bank complies with the amendments to section 23A and 23B of the Federal Reserve Act [12 U.S.C. 371c and 371c–1] made by section 121(b) of the Gramm-Leach-Bliley Act.
(b)Preservation of existing subsidiaries
Notwithstanding subsection (a), an insured State bank may retain control of a subsidiary, or retain an interest in a subsidiary, that the State bank lawfully controlled or acquired before November 12, 1999, and conduct through such subsidiary any activities lawfully conducted in such subsidiary as of such date.
(c)Definitions
For purposes of this section, the following definitions shall apply:
(1)Subsidiary
The term “subsidiary” means any company that is a subsidiary (as defined in section 1813(w)(4) of this title) of 1 or more insured banks.
(2)Financial subsidiary
The term “financial subsidiary” has the meaning given the term in section 24a(g) of this title.
(d)Preservation of authority
(1)This chapter
No provision of this section shall be construed as superseding the authority of the Federal Deposit Insurance Corporation to review subsidiary activities under section 1831a of this title.
(2)Federal Reserve Act
No provision of this section shall be construed as affecting the applicability of the 20th undesignated paragraph of section 9 of the Federal Reserve Act [12 U.S.C. 335].

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 121(b) of the Gramm-Leach-Bliley Act, referred to in subsec. (a)(4), is section 121(b) of Pub. L. 106–102, title I, Nov. 12, 1999, 113 Stat. 1378, which amended section 371c of this title.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective 120 days after Nov. 12, 1999, see section 161 of Pub. L. 106–102, set out as an

Effective Date

of 1999 Amendment note under section 24 of this title.

Reference

Citations & Metadata

Citation

12 U.S.C. § 1831w

Title 12, Banks and Banking

Last Updated

Sep 22, 2026

Release point: 119-110