Title 12Banks and BankingRelease 119-73not60

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

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

Last updated Apr 3, 2026|Official source

Summary

An insured state bank may own or control a subsidiary that does the same kinds of financial activities a national bank can do through a financial subsidiary, but only if the state bank and its insured bank affiliates are well capitalized after the required capital deduction, and the state bank follows the capital deduction and financial-report rules in section 24a(c), the financial and operational safeguards in section 24a(d), and the limits in sections 23A and 23B as changed by section 121(b) of the Gramm-Leach-Bliley Act. A state bank may keep a subsidiary it lawfully controlled or bought before November 12, 1999, and keep doing the activities that were legal in that subsidiary on that date. Definitions: subsidiary — a company owned by one or more insured banks. Financial subsidiary — the special type described in section 24a(g). This does not override the FDIC’s review authority under section 1831a or affect the noted Federal Reserve Act paragraph.

Full Legal Text

Title 12, §1831w

Banks and Banking — Source: USLM XML via OLRC

(a)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)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)For purposes of this section, the following definitions shall apply:
(1)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)The term “financial subsidiary” has the meaning given the term in section 24a(g) of this title.
(d)(1)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)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 12Banks and Banking

Last Updated

Apr 3, 2026

Release point: 119-73not60