§ 3201. Definitions
As used in this chapter—
(1) the term ‘‘depository institution’’ means
a commercial bank, a savings bank, a trust
company, a savings and loan association, a
building and loan association, a homestead as-
sociation, a cooperative bank, an industrial
bank, or a credit union;
(2) the term ‘‘depository holding company’’
means a bank holding company as defined in
section 1841(a) of this title, a company which
would be a bank holding company as defined
in section 1841(a) of this title but for the ex-
emption contained in subsection (a)(5)(F)
thereof, or a savings and loan holding com-
pany as defined in section 1730a(a)(1)(D) 1 of
this title;
(3) the characterization of any corporation
(including depository institutions and deposi-
tory holding companies), as an ‘‘affiliate of,’’
or as ‘‘affiliated’’ with any other corporation
means that—
(A) one of the corporations is a depository
holding company and the other is a sub-
sidiary thereof, or both corporations are sub-
sidiaries of the same depository holding
company, as the term ‘‘subsidiary’’ is de-
fined in either section 1841(d) of this title in
the case of a bank holding company or sec-
tion 1730a(a)(1)(H) 1 of this title in the case of
a savings and loan holding company; or
(B) more than 25 percent of the voting
stock of one corporation is beneficially
owned in the aggregate by one or more per-
sons who also beneficially own in the aggre-
gate more than 25 percent of the voting
stock of the other corporation; or
(C) one of the corporations is a trust com-
pany all of the stock of which, except for di-
rectors qualifying shares, was owned by one
or more mutual savings banks on November
10, 1978, and the other corporation is a mu-
tual savings bank; or
(D) one of the corporat
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Authority boundary: historical or unconfirmed source not current law verified.
Stable record: federal_law:legal_authorities:uscode2024_2c51e8939b870f1e20d06cfb Source file: Laws/federal/codes/united-states-code-2024/title-12/section-3201-definitions--e3a55d4fc2.md Pages: Not recorded – Not recorded Passage SHA-256: efaebb6915c46409b8bdb34a72dd4dfc959c0e1c968a65d396bd3faf102a464f Retained source evidence SHA-256: f36521f26ad33fcfb21493c9ca8573adfb6d7f711346c86f020f32e21da6cb6a
Page 1511
TITLE 12—BANKS AND BANKING
§ 3201
1 See References in Text note below.
2 So in original. The period probably should be a semicolon.
Sec.
3205.
Management official in position prior to No-
vember 10, 1978.
3206.
Administration and enforcement.
3207.
Rules and regulations.
3208.
Powers available to Attorney General for en-
forcement.
§ 3201. Definitions
As used in this chapter—
(1) the term ‘‘depository institution’’ means
a commercial bank, a savings bank, a trust
company, a savings and loan association, a
building and loan association, a homestead as-
sociation, a cooperative bank, an industrial
bank, or a credit union;
(2) the term ‘‘depository holding company’’
means a bank holding company as defined in
section 1841(a) of this title, a company which
would be a bank holding company as defined
in section 1841(a) of this title but for the ex-
emption contained in subsection (a)(5)(F)
thereof, or a savings and loan holding com-
pany as defined in section 1730a(a)(1)(D) 1 of
this title;
(3) the characterization of any corporation
(including depository institutions and deposi-
tory holding companies), as an ‘‘affiliate of,’’
or as ‘‘affiliated’’ with any other corporation
means that—
(A) one of the corporations is a depository
holding company and the other is a sub-
sidiary thereof, or both corporations are sub-
sidiaries of the same depository holding
company, as the term ‘‘subsidiary’’ is de-
fined in either section 1841(d) of this title in
the case of a bank holding company or sec-
tion 1730a(a)(1)(H) 1 of this title in the case of
a savings and loan holding company; or
(B) more than 25 percent of the voting
stock of one corporation is beneficially
owned in the aggregate by one or more per-
sons who also beneficially own in the aggre-
gate more than 25 percent of the voting
stock of the other corporation; or
(C) one of the corporations is a trust com-
pany all of the stock of which, except for di-
rectors qualifying shares, was owned by one
or more mutual savings banks on November
10, 1978, and the other corporation is a mu-
tual savings bank; or
(D) one of the corporations is a bank, in-
sured by the Federal Deposit Insurance Cor-
poration and chartered under State law, and
is a bankers’ bank, described in Paragraph
Seventh of section 24 of this title; or
(E) one of the corporations is a bank, char-
tered under State law and insured by the
Federal Deposit Insurance Corporation, the
voting securities of which are held only by
persons who are officers of other banks, as
permitted by State law, and which bank is
primarily engaged in providing banking
services for other banks and not the public:
Provided, however, That in no case shall the
voting securities of such corporation be held
by such officers of other banks in excess of
6 per centum of the paid-in capital and 6 per
centum of the surplus of such a bank.2
(4) the term ‘‘management official’’ means
an employee or officer with management func-
tions, a director (including an advisory or hon-
orary director, except in the case of a deposi-
tory institution with total assets of less than
$100,000,000), a trustee of a business organiza-
tion under the control of trustees, or any per-
son who has a representative or nominee serv-
ing in any such capacity: Provided, That if a
corporator, trustee, director, or other officer
of a State-chartered savings bank or coopera-
tive bank is specifically authorized under the
laws of the State in which said institution is
located to serve as a trustee, director, or other
officer of a State-chartered trust company
which does not make real estate mortgage
loans and does not accept savings deposits
from natural persons, then, for the purposes of
this chapter, such corporator, trustee, direc-
tor, or other officer shall not be deemed to be
a management official of such trust company:
And provided further, That if a management of-
ficial of a State-chartered trust company
which does not make real estate mortgage
loans and does not accept savings deposits
from natural persons is specifically authorized
under the laws of the State in which said insti-
tution is located to serve as a corporator,
trustee, director, or other officer of a State-
chartered savings bank or cooperative bank,
then, for the purposes of this chapter, such
management official shall not be deemed to be
a management official of any such savings
bank or cooperative bank;
(5) the term ‘‘office’’ used with reference to
a depository institution means either a prin-
cipal office or a branch; and
(6) the term ‘‘appropriate Federal depository
institutions regulatory agency’’ means, with
respect to any depository institution or depos-
itory holding company, the agency referred to
in section 3207 of this title in connection with
such institution or company.
(Pub. L. 95–630, title II, § 202, Nov. 10, 1978, 92
Stat. 3672; Pub. L. 100–650, §§ 2, 3, 5(b)(1), Nov. 10,
1988, 102 Stat. 3819, 3820; Pub. L. 103–325, title III,
§ 322(c)(2), Sept. 23, 1994, 108 Stat. 2227.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this title’’, meaning title II of Pub. L. 95–630, Nov. 10,
1978, 92 Stat. 3672, known as the Depository Institution
Management Interlocks Act, which enacted this chap-
ter, amended sections 1464, 1730, and 1818 of this title,
and enacted provisions set out as a note below. For
complete classification of this Act to the Code, see
Short Title note set out below and Tables.
Section 1730a of this title, referred to in pars. (2) and
(3)(A), was repealed by Pub. L. 101–73, title IV, § 407,
Aug. 9, 1989, 103 Stat. 363.
AMENDMENTS
1994—Par. (3)(D). Pub. L. 103–325 substituted ‘‘and is a
bankers’ bank, described in Paragraph Seventh of sec-
tion 24 of this title; or’’ for ‘‘the voting securities of
which are held by other banks, as permitted by State
law, and which bank is primarily engaged in providing
banking services for other banks and not the public:
Provided, however, That in no case shall the voting se-
curities of such corporation be held by any such other
bank in excess of 5 per centum of the paid-in capital
and 5 per centum of the surplus of such other bank; or’’.
Page 1512
TITLE 12—BANKS AND BANKING
§ 3202
1 See References in Text note below.
1988—Par. (3)(B). Pub. L. 100–650, § 2, substituted ‘‘25
percent’’ for ‘‘50 per centum’’ in two places.
Par. (4). Pub. L. 100–650, § 3, substituted ‘‘(including
an advisory or honorary director, except in the case of
a depository institution with total assets of less than
$100,000,000)’’ for ‘‘(including an advisory or honorary
director)’’.
Par. (6). Pub. L. 100–650, § 5(b)(1), added par. (6).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective upon the expiration of 120 days after
Nov. 10, 1978, see section 2101 of Pub. L. 95–630, set out
as a note under section 375b of this title.
SHORT TITLE OF 1988 AMENDMENT
Pub. L. 100–650, § 1, Nov. 10, 1988, 102 Stat. 3819, pro-
vided that: ‘‘This Act [amending sections 3201, 3204, and
3205 of this title] may be referred to as the ‘Manage-
ment Interlocks Revision Act of 1988’.’’
SHORT TITLE
Pub. L. 95–630, title II, § 201, Nov. 10, 1978, 92 Stat. 3672,
provided that: ‘‘This title [enacting this chapter and
amending sections 1464, 1730, and 1818 of this title] may
be cited as the ‘Depository Institution Management
Interlocks Act’.’’
§ 3202. Dual service of management official as
management official of unaffiliated institu-
tion or holding company in same area, town,
or village prohibited
A management official of a depository institu-
tion or a depository holding company may not
serve as a management official of any other de-
pository institution or depository holding com-
pany not affiliated therewith if an office of one
of the institutions or any depository institution
that is an affiliate of such institutions is located
within either—
(1) the same primary metropolitan statis-
tical area, the same metropolitan statistical
area, or the same consolidated metropolitan
statistical area that is not comprised of des-
ignated primary metropolitan statistical areas
as defined by the Office of Management and
Budget, except in the case of depository insti-
tutions with less than $50,000,000 in assets in
which case the provision of paragraph (2) shall
apply, as that in which an office of the other
institution or any depository institution that
is an affiliate of such other institution is lo-
cated, or
(2) the same city, town, or village as that in
which an office of the other institution or any
depository institution that is an affiliate of
such other institution is located, or in any
city, town, or village contiguous or adjacent
thereto.
(Pub. L. 95–630, title II, § 203, Nov. 10, 1978, 92
Stat. 3673; Pub. L. 98–181, title I [title VII,
§ 701(c)], Nov. 30, 1983, 97 Stat. 1267; Pub. L.
109–351, title VI, § 610, Oct. 13, 2006, 120 Stat.
1984.)
Editorial Notes
AMENDMENTS
2006—Par. (1). Pub. L. 109–351 substituted ‘‘$50,000,000’’
for ‘‘$20,000,000’’.
1983—Par. (1). Pub. L. 98–181 substituted ‘‘primary
metropolitan statistical area, the same metropolitan
statistical area, or the same consolidated metropolitan
statistical area that is not comprised of designated pri-
mary metropolitan statistical areas’’ for ‘‘standard
metropolitan statistical area’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective upon the expiration of 120 days after
Nov. 10, 1978, see section 2101 of Pub. L. 95–630, set out
as a note under section 375b of this title.
§ 3203. Dual service of management official of
$2,500,000,000 institution or holding company
as
management
official
of
unaffiliated
$1,500,000,000 institution or holding company
prohibited
If a depository institution or a depository
holding company has total assets exceeding
$2,500,000,000, a management official of such in-
stitution or any affiliate thereof may not serve
as a management official of any other non-
affiliated depository institution or depository
holding company having total assets exceeding
$1,500,000,000 or as a management official of any
affiliate of such other institution. In order to
allow for inflation or market changes, the ap-
propriate Federal depository institutions regu-
latory agencies may, by regulation, adjust, as
necessary, the amount of total assets required
for depository institutions or depository holding
companies under this section.
(Pub. L. 95–630, title II, § 204, Nov. 10, 1978, 92
Stat. 3673; Pub. L. 104–208, div. A, title II,
§ 2210(a), Sept. 30, 1996, 110 Stat. 3009–409.)
Editorial Notes
AMENDMENTS
1996—Pub. L. 104–208 substituted ‘‘$2,500,000,000’’ for
‘‘$1,000,000,000’’ and ‘‘$1,500,000,000’’ for ‘‘$500,000,000’’
and inserted at end ‘‘In order to allow for inflation or
market changes, the appropriate Federal depository in-
stitutions regulatory agencies may, by regulation, ad-
just, as necessary, the amount of total assets required
for depository institutions or depository holding com-
panies under this section.’’
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective upon the expiration of 120 days after
Nov. 10, 1978, see section 2101 of Pub. L. 95–630, set out
as a note under section 375b of this title.
§ 3204. Exceptions
The prohibitions contained in sections 3202
and 3203 of this title shall not apply in the case
of any one or more of the following or subsidiary
thereof:
(1) A depository institution or depository
holding company which has been placed for-
mally in liquidation, or which is in the hands
of a receiver, conservator, or other official ex-
ercising a similar function.
(2) A corporation operating under section 25
or 25(a) 1 of the Federal Reserve Act [12 U.S.C.
601 et seq., 611 et seq.].
(3) A credit union being served by a manage-
ment official of another credit union.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
As used in this chapter—
(1) the term “depository institution” means a commercial bank, a savings bank, a trust company, a savings and loan association, a building and loan association, a homestead association, a cooperative bank, an industrial bank, or a credit union;
(2) the term “depository holding company” means a bank holding company as defined in [section 1841(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1841/a&num=0&edition=prelim), a company which would be a bank holding company as defined in [section 1841(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1841/a&num=0&edition=prelim) but for the exemption contained in subsection (a)(5)(F) thereof, or a savings and loan holding company as defined in section 1730a(a)(1)(D) 11 See References in Text note below. of this title;
(3) the characterization of any corporation (including depository institutions and depository holding companies), as an “affiliate of,” or as “affiliated” with any other corporation means that—
(A) one of the corporations is a depository holding company and the other is a subsidiary thereof, or both corporations are subsidiaries of the same depository holding company, as the term “subsidiary” is defined in either [section 1841(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1841/d&num=0&edition=prelim) in the case of a bank holding company or section 1730a(a)(1)(H) 1 of this title in the case of a savings and loan holding company; or
(B) more than 25 percent of the voting stock of one corporation is beneficially owned in the aggregate by one or more persons who also beneficially own in the aggregate more than 25 percent of the voting stock of the o
Any national banking association possessing a capital and surplus of $1,000,000 or more may file application with the Board of Governors of the Federal Reserve System for permission to exercise, upon such conditions and under such regulations as may be prescribed by the said board, the following powers:
Stored review status: release_metadata_unconfirmed. The source passage cites 12 U.S.C. § 601. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 601. Authorization; conditions and regulations
Any national banking association possessing a
capital and surplus of $1,000,000 or more may file
application with the Board of Governors of the
Federal Reserve System for permission to exer-
cise, upon such conditions and under such regu-
lations as may be prescribed by the said board,
the following powers:
First. To establish branches in foreign coun-
tries or dependencies or insular possessions of
the United States for the furtherance of the for-
eign commerce of the United States, and to act
if required to do so as fiscal agents of the United
States.
Second. To invest an amount not exceeding in
the aggregate 10 per centum of its paid-in cap-
ital stock and surplus in the stock of one or
more banks or corporations chartered or incor-
porated under the laws of the United States or
of any State thereof, and principally engaged in
international or foreign banking, or banking in
a dependency or insular possession of the United
States either directly or through the agency,
ownership, or control of local institutions in for-
eign countries, or in such dependencies or insu-
lar possessions.
Third. To acquire and hold, directly or indi-
rectly, stock or other evidences of ownership in
one or more banks organized under the law of a
foreign country or a dependency or insular pos-
session of the United States and not engaged, di-
rectly or indirectly, in any activity in the
United States except as, in the judgment of the
Board of Governors of the Federal Reserve Sys-
tem, shall be incidental to the international or
foreign business of such foreign bank; and, not-
withstanding the provisions of section 371c of
this title, to make loans or extensions of credit
to or for the account of such bank in the manne
Stored review status: historical_2024_not_currentness_verified. The source passage cites 12 U.S.C. § 601. This identifies an authority to review, not proof of applicability.