§1867 — Title 12 Banks and Banking | U.S. Code

Summary

A bank service company must be examined and regulated by the federal banking agency that supervises its main investor, and it must be treated the same as that investor. That main investor’s agency may allow another federal agency that supervises a different shareholder or member to carry out the exam. The company must follow the rules in section 1818 as if it were an insured bank, and the “appropriate Federal banking agency” for those rules is the agency of the main investor. If a regularly examined depository institution, or its subsidiary or affiliate that that agency examines, hires someone to do services for it (on or off site), those services are regulated and examined by the same agency just as if the bank did them itself. The bank must tell each relevant agency about the service relationship within 30 days after the contract is made or the service begins, whichever comes first. The Board and the federal banking agencies can issue rules and orders needed to carry out these duties and prevent avoidance.

Title 12, §1867

Banks and Banking — Source: USLM XML via OLRC

(a)A bank service company shall be subject to examination and regulation by the appropriate Federal banking agency of its principal investor to the same extent as its principal investor. The appropriate Federal banking agency of the principal shareholder or principal member of such a bank service company may authorize any other Federal banking agency that supervises any other shareholder or member of the bank service company to make such an examination.

(b)A bank service company shall be subject to the provisions of section 1818 of this title as if the bank service company were an insured depository institution. For this purpose, the appropriate Federal banking agency shall be the appropriate Federal banking agency of the principal investor of the bank service company.

(c)Notwithstanding subsection (a) of this section, whenever a depository institution that is regularly examined by an appropriate Federal banking agency, or any subsidiary or affiliate of such a depository institution that is subject to examination by that agency, causes to be performed for itself, by contract or otherwise, any services authorized under this chapter, whether on or off its premises—

(1)such performance shall be subject to regulation and examination by such agency to the same extent as if such services were being performed by the depository institution itself on its own premises, and

(2)the depository institution shall notify each such agency of the existence of the service relationship within thirty days after the making of such service contract or the performance of the service, whichever occurs first.

(d)The Board and the appropriate Federal banking agencies are authorized to issue such regulations and orders as may be necessary to enable them to administer and to carry out the purposes of this chapter and to prevent evasions thereof.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2010—Subsec. (c)(2). Pub. L. 111–203 inserted “each” after “notify”. 2006—Subsec. (b). Pub. L. 109–351, § 602(b)(5)(A), substituted “insured depository institution” for “insured bank”. Subsec. (c). Pub. L. 109–351, § 602(b)(5)(B), substituted “a depository institution” for “a bank” in two places in introductory provisions and “the depository institution” for “the bank” in pars. (1) and (2). 1996—Pub. L. 104–208, § 2613(h)(3), substituted “companies” for “corporations” in section catchline. Subsec. (a). Pub. L. 104–208, § 2613(h)(1), (2), substituted “company” for “corporation” wherever appearing and inserted “or principal member” after “principal shareholder” and “or member” after “other shareholder”. Subsec. (b). Pub. L. 104–208, § 2613(h)(1), substituted “company” for “corporation” wherever appearing. 1983—Subsec. (b). Pub. L. 97–457 substituted reference to section 1818 of this title for reference to the Financial Institutions Supervisory Act of 1966 (12 U.S.C. 1818(b) et seq.).

Statutory Notes and Related Subsidiaries

Effective Date

of 2010 AmendmentAmendment by Pub. L. 111–203 effective on the transfer date, see section 351 of Pub. L. 111–203, set out as a note under section 906 of Title 2, The Congress.

§1867 Regulation and Examination of Bank Service Companies