12 USC 5311 - Definitions

United States Code

USC most recently checked for updates: Sep 17, 2024

§ 5303. Antitrust savings clause

Part A - Financial Stability Oversight Council

U.S. Code
Notes

§ 5311.

Definitions

(a)

In general

For purposes of this subchapter, unless the context otherwise requires, the following definitions shall apply:

(1)

Bank holding company

The term “bank holding company” has the same meaning as in section 2 of the Bank Holding Company Act of 1956 (12 U.S.C. 1841). A foreign bank or company that is treated as a bank holding company for purposes of the Bank Holding Company Act of 1956 [12 U.S.C. 1841 et seq.], pursuant to section 3106(a) of this title, shall be treated as a bank holding company for purposes of this subchapter.

(2)

Chairperson

The term “Chairperson” means the Chairperson of the Council.

(3)

Member agency

The term “member agency” means an agency represented by a voting member of the Council.

(4)

Nonbank financial company definitions

(A)

Foreign nonbank financial company

The term “foreign nonbank financial company” means a company (other than a company that is, or is treated in the United States as, a bank holding company) that is—

(i)

incorporated or organized in a country other than the United States; and

(ii)

predominantly engaged in, including through a branch in the United States, financial activities, as defined in paragraph (6).

(B)

U.S. nonbank financial company

The term “U.S. nonbank financial company” means a company (other than a bank holding company, a Farm Credit System institution chartered and subject to the provisions of the Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.), or a national securities exchange (or parent thereof), clearing agency (or parent thereof, unless the parent is a bank holding company), security-based swap execution facility, or security-based swap data repository registered with the Commission, or a board of trade designated as a contract market (or parent thereof), or a derivatives clearing organization (or parent thereof, unless the parent is a bank holding company), swap execution facility or a swap data repository registered with the Commodity Futures Trading Commission), that is—

(i)

incorporated or organized under the laws of the United States or any State; and

(ii)

predominantly engaged in financial activities, as defined in paragraph (6).

(C)

Nonbank financial company

The term “nonbank financial company” means a U.S. nonbank financial company and a foreign nonbank financial company.

(D)

Nonbank financial company supervised by the Board of Governors

The term “nonbank financial company supervised by the Board of Governors” means a nonbank financial company that the Council has determined under section 5323 of this title shall be supervised by the Board of Governors.

(5)

Office of Financial Research

The term “Office of Financial Research” means the office established under section 5342 of this title.

(6)

Predominantly engaged

A company is “predominantly engaged in financial activities” if—

(A)

(B)

the consolidated assets of the company and all of its subsidiaries related to activities that are financial in nature (as defined in section 4(k) of the Bank Holding Company Act of 1956) and, if applicable, related to the ownership or control of one or more insured depository institutions, represents 85 percent or more of the consolidated assets of the company.

(7)

Significant institutions

The terms “significant nonbank financial company” and “significant bank holding company” have the meanings given those terms by rule of the Board of Governors, but in no instance shall the term “significant nonbank financial company” include those entities that are excluded under paragraph (4)(B).

(b)

Definitional criteria

The Board of Governors shall establish, by regulation, the requirements for determining if a company is predominantly engaged in financial activities, as defined in subsection (a)(6).

(c)

Foreign nonbank financial companies

For purposes of the application of parts A and C (other than section 5323(b) of this title) with respect to a foreign nonbank financial company, references in this subchapter to “company” or “subsidiary” include only the United States activities and subsidiaries of such foreign company, except as otherwise provided.

(Pub. L. 111–203, title I, § 102, July 21, 2010, 124 Stat. 1391.)

cite as: 12 USC 5311