Title 12 — Banks and BankingRelease 119-73not60
§5467 Examination of and Enforcement Actions Against Financial Institutions Subject to Standards for Designated Activities
Title 12 › Chapter 53— WALL STREET REFORM AND CONSUMER PROTECTION › Subchapter IV— PAYMENT, CLEARING, AND SETTLEMENT SUPERVISION › § 5467
Summary
Allows the regulator that watches over a firm to examine any bank or financial company that does a “designated activity” under the rules. The exam looks at what the firm is doing, how big the activity is, the money and operational risks to the firm itself, the risks to other firms, markets, or the whole system, how well the firm can spot and control those risks, and whether the firm follows the rules under section 5464(a). For enforcing the rules, that firm is treated the same as an insured bank and the regulator has the powers in subsections (b) through (n) of section 1818 of this title. The Federal Reserve Board must work with and help the regulators so rules are applied evenly. The Board can join or lead an exam or enforcement action if a regulator asks and they agree on terms. The Board can act on its own only after it has good reason to think a firm is breaking the rules, tells the appropriate regulator and the Council in writing with supporting documents, asks the regulator to act, and either the regulator does not let the Board join the exam within 30 days or the Board believes the problem creates a big risk to others; the Board also needs a majority vote from the Council to proceed. For enforcement, the Board must also wait 60 days for the regulator to start action after a recommendation unless there is a clear risk to markets or U.S. financial stability. When the Board enforces, it also has the powers in subsections (b) through (n) of section 1818.
Full Legal Text
Title 12, §5467
Banks and Banking — Source: USLM XML via OLRC
(a)The appropriate financial regulator is authorized to examine a financial institution subject to the standards prescribed under section 5464(a) of this title for a designated activity in order to determine the following:
(1)The nature and scope of the designated activities engaged in by the financial institution.
(2)The financial and operational risks the designated activities engaged in by the financial institution may pose to the safety and soundness of the financial institution.
(3)The financial and operational risks the designated activities engaged in by the financial institution may pose to other financial institutions, critical markets, or the broader financial system.
(4)The resources available to and the capabilities of the financial institution to monitor and control the risks described in paragraphs (2) and (3).
(5)The financial institution’s compliance with this subchapter and the rules and orders prescribed under section 5464(a) of this title.
(b)For purposes of enforcing the provisions of this subchapter, and the rules and orders prescribed under this section, a financial institution subject to the standards prescribed under section 5464(a) of this title for a designated activity shall be subject to, and the appropriate financial regulator shall have authority under 11 So in original. Probably should be followed by a comma. the provisions of subsections (b) through (n) of section 1818 of this title in the same manner and to the same extent as if the financial institution was an insured depository institution and the appropriate financial regulator was the appropriate Federal banking agency for such insured depository institution.
(c)The Board of Governors shall consult with and provide such technical assistance as may be required by the appropriate financial regulators to ensure that the rules and orders prescribed under this subchapter are interpreted and applied in as consistent and uniform a manner as practicable.
(d)(1)(A)The appropriate financial regulator may request the Board of Governors to conduct or participate in an examination of a financial institution subject to the standards prescribed under section 5464(a) of this title for a designated activity in order to assess the compliance of such financial institution with—
(i)this subchapter; or
(ii)the rules or orders prescribed under this subchapter.
(B)Upon receipt of an appropriate written request, the Board of Governors will conduct the examination under such terms and conditions to which the Board of Governors and the appropriate financial regulator mutually agree.
(2)(A)The appropriate financial regulator may request the Board of Governors to enforce this subchapter or the rules or orders prescribed under this subchapter against a financial institution that is subject to the standards prescribed under section 5464(a) of this title for a designated activity.
(B)Upon receipt of an appropriate written request, the Board of Governors shall determine whether an enforcement action is warranted, and, if so, it shall enforce compliance with this subchapter or the rules or orders prescribed under this subchapter and, if so, the financial institution shall be subject to, and the Board of Governors shall have authority under 1 the provisions of subsections (b) through (n) of section 1818 of this title in the same manner and to the same extent as if the financial institution was an insured depository institution and the Board of Governors was the appropriate Federal banking agency for such insured depository institution.
(e)(1)Notwithstanding any other provision of law, the Board of Governors may—
(A)conduct an examination of the type described in subsection (a) of any financial institution that is subject to the standards prescribed under section 5464(a) of this title for a designated activity; and
(B)enforce the provisions of this subchapter or any rules or orders prescribed under this subchapter against any financial institution that is subject to the standards prescribed under section 5464(a) of this title for a designated activity.
(2)(A)The Board of Governors may exercise the authority described in paragraph (1)(A) only if the Board of Governors has—
(i)reasonable cause to believe that a financial institution is not in compliance with this subchapter or the rules or orders prescribed under this subchapter with respect to a designated activity;
(ii)notified, in writing, the appropriate financial regulator and the Council of its belief under clause (i) with supporting documentation included;
(iii)requested the appropriate financial regulator to conduct a prompt examination of the financial institution;
(iv)either—
(I)not been afforded a reasonable opportunity to participate in an examination of the financial institution by the appropriate financial regulator within 30 days after the date of the Board’s notification under clause (ii); or
(II)reasonable cause to believe that the financial institution’s noncompliance with this subchapter or the rules or orders prescribed under this subchapter poses a substantial risk to other financial institutions, critical markets, or the broader financial system, subject to the Board of Governors affording the appropriate financial regulator a reasonable opportunity to participate in the examination; and
(v)obtained the approval of the Council upon an affirmative vote by a majority of the Council.
(B)The Board of Governors may exercise the authority described in paragraph (1)(B) only if the Board of Governors has—
(i)reasonable cause to believe that a financial institution is not in compliance with this subchapter or the rules or orders prescribed under this subchapter with respect to a designated activity;
(ii)notified, in writing, the appropriate financial regulator and the Council of its belief under clause (i) with supporting documentation included and with a recommendation that the appropriate financial regulator take 1 or more specific enforcement actions against the financial institution;
(iii)either—
(I)not been notified, in writing, by the appropriate financial regulator of the commencement of an enforcement action recommended by the Board of Governors against the financial institution within 60 days from the date of the notification under clause (ii); or
(II)reasonable cause to believe that the financial institution’s noncompliance with this subchapter or the rules or orders prescribed under this subchapter poses significant liquidity, credit, operational, or other risks to the financial markets or to the financial stability of the United States, subject to the Board of Governors notifying the appropriate financial regulator of the Board’s enforcement action; and
(iv)obtained the approval of the Council upon an affirmative vote by a majority of the Council.
(3)For purposes of taking enforcement action under paragraph (1), the financial institution shall be subject to, and the Board of Governors shall have authority under 1 the provisions of subsections (b) through (n) of section 1818 of this title in the same manner and to the same extent as if the financial institution was an insured depository institution and the Board of Governors was the appropriate Federal banking agency for such insured depository institution.
Reference
Citations & Metadata
Citation
12 U.S.C. § 5467
Title 12 — Banks and Banking
Last Updated
Apr 3, 2026
Release point: 119-73not60