§9054 — Title 15 Commerce and Trade | U.S. Code

Summary

It stops companies controlled by certain top government officials or their close relatives from getting the special transactions listed in section 9042. A few short definitions explain who is covered: "controlling interest" means owning at least 20 percent of a class of equity; "covered entity" is a company where a covered person has that controlling interest (family members’ holdings are added together); "covered individual" is the President, Vice President, a head of an Executive department, or a Member of Congress, plus their spouse, child, son‑in‑law, or daughter‑in‑law; "Executive department" and "member of Congress" use their usual federal meanings; "equity interest" means shares, a partnership/LLC stake, or most rights or warrants to buy those stakes. No covered entity can be eligible for any transaction under section 9042. Before a deal under section 9042 is approved, the company’s top executive and top finance officer (or people doing those jobs) must certify to the Secretary and the Board of Governors of the Federal Reserve System that the company is allowed to take the deal and is not a covered entity.

Title 15, §9054

Commerce and Trade — Source: USLM XML via OLRC

(a)In this section:

(1)The term “controlling interest” means owning, controlling, or holding not less than 20 percent, by vote or value, of the outstanding amount of any class of equity interest in an entity.

(2)The term “covered entity” means an entity in which a covered individual directly or indirectly holds a controlling interest. For the purpose of determining whether an entity is a covered entity, the securities owned, controlled, or held by 2 or more individuals who are related as described in paragraph (3)(B) shall be aggregated.

(3)The term “covered individual” means—

(A)the President, the Vice President, the head of an Executive department, or a Member of Congress; and

(B)the spouse, child, son-in-law, or daughter-in-law, as determined under applicable common law, of an individual described in subparagraph (A).

(4)The term “Executive department” has the meaning given the term in section 101 of title 5.

(5)The term “member of Congress” means a member of the Senate or House of Representatives, a Delegate to the House of Representatives, and the Resident Commissioner from Puerto Rico.

(6)The term “equity interest” means—

(A)a share in an entity, without regard to whether the share is—

(i)transferable; or

(ii)classified as stock or anything similar;

(B)a capital or profit interest in a limited liability company or partnership; or

(C)a warrant or right, other than a right to convert, to purchase, sell, or subscribe to a share or interest described in subparagraph (A) or (B), respectively.

(b)Notwithstanding any other provision of this part, no covered entity may be eligible for any transaction described in section 9042 of this title.

(c)The principal executive officer and the principal financial officer, or individuals performing similar functions, of an entity seeking to enter a transaction under section 9042 of this title shall, before that transaction is approved, certify to the Secretary and the Board of Governors of the Federal Reserve System that the entity is eligible to engage in that transaction, including that the entity is not a covered entity.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This part, referred to in subsec. (b), was in the original “this subtitle”, meaning subtitle A (§§ 4001–4029) of title IV of div. A of Pub. L. 116–136, known as the Coronavirus Economic Stabilization Act of 2020, which is classified principally to this part. For complete classification of subtitle A to the Code, see section 4001 of Pub. L. 116–136, set out as a

Short Title

note under section 9001 of this title, and Tables.

§9054 Conflicts of Interest