12 USC 1852 – Concentration limits on large financial firms
(a) Definitions
In this section—
(1) the term “Council” means the Financial Stability Oversight Council;
(2) the term “financial company” means—
(A) an insured depository institution;
(B) a bank holding company;
(C) a savings and loan holding company;
(D) a company that controls an insured depository institution;
(E) a nonbank financial company supervised by the Board under title I of the Dodd-Frank Wall Street Reform and Consumer Protection Act [12 U.S.C. 5311 et seq.]; and
(F) a foreign bank or company that is treated as a bank holding company for purposes of this chapter; and
(3) the term “liabilities” means—
(A) with respect to a United States financial company—
(i) the total risk-weighted assets of the financial company, as determined under the risk-based capital rules applicable to bank holding companies, as adjusted to reflect exposures that are deducted from regulatory capital; less
(ii) the total regulatory capital of the financial company under the risk-based capital rules applicable to bank holding companies;
(B) with respect to a foreign-based financial company—
(i) the total risk-weighted assets of the United States operations of the financial company, as determined under the applicable risk-based capital rules, as adjusted to reflect exposures that are deducted from regulatory capital; less
(ii) the total regulatory capital of the United States operations of the financial company, as determined under the applicable risk-based capital rules; and
(C) with respect to an insurance company or other nonbank financial company supervised by the Board, such assets of the company as the Board shall specify by rule, in order to provide for consistent and equitable treatment of such companies.
(b) Concentration limit
Terms Used In 12 USC 1852
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- individual: shall include every infant member of the species homo sapiens who is born alive at any stage of development. See 1 USC 8
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- Oversight: Committee review of the activities of a Federal agency or program.
Subject to the recommendations by the Council under subsection (e), a financial company may not merge or consolidate with, acquire all or substantially all of the assets of, or otherwise acquire control of, another company, if the total consolidated liabilities of the acquiring financial company upon consummation of the transaction would exceed 10 percent of the aggregate consolidated liabilities of all financial companies at the end of the calendar year preceding the transaction.
(c) Exception to concentration limit
With the prior written consent of the Board, the concentration limit under subsection (b) shall not apply to an acquisition—
(1) of a bank in default or in danger of default;
(2) with respect to which assistance is provided by the Federal Deposit Insurance Corporation under section 1823(c) of this title; or
(3) that would result only in a de minimis increase in the liabilities of the financial company.
(d) Rulemaking and guidance
The Board shall issue regulations implementing this section in accordance with the recommendations of the Council under subsection (e), including the definition of terms, as necessary. The Board may issue interpretations or guidance regarding the application of this section to an individual financial company or to financial companies in general.
(e) Council study and rulemaking
(1) Study and recommendations
Not later than 6 months after July 21, 2010, the Council shall—
(A) complete a study of the extent to which the concentration limit under this section would affect financial stability, moral hazard in the financial system, the efficiency and competitiveness of United States financial firms and financial markets, and the cost and availability of credit and other financial services to households and businesses in the United States; and
(B) make recommendations regarding any modifications to the concentration limit that the Council determines would more effectively implement this section.
(2) Rulemaking
Not later than 9 months after the date of completion of the study under paragraph (1), and notwithstanding subsections (b) and (d), the Board shall issue final regulations implementing this section, which shall reflect any recommendations by the Council under paragraph (1)(B).