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Title 12 — Banks and Banking

Chapter 17 — Bank Holding Companies

§ 1846. Reservation of rights to States

Statutory text

(a)

In general

No provision of this chapter shall be construed as preventing any State from exercising such powers and jurisdiction which it now has or may hereafter have with respect to companies, banks, bank holding companies, and subsidiaries thereof.

(b)

State taxation authority not affected

No provision of this chapter shall be construed as affecting the authority of any State or political subdivision of any State to adopt, apply, or administer any tax or method of taxation to any bank, bank holding company, or foreign bank, or any affiliate of any bank, bank holding company, or foreign bank, to the extent that such tax or tax method is otherwise permissible by or under the Constitution of the United States or other Federal law.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. May 9, 1956, ch. 240, § 7, 70 Stat. 138 · 70 Stat. 138

    Enacted · 12 U.S.C. § 1846

    May 9, 1956, ch. 240, § 7, 70 Stat. 138

    Source evidence

    Code source credit
    May 9, 1956, ch. 240, § 7, 70 Stat. 138

  2. Competitive Equality Amendments of 1987

    Pub. L. 100–86 title I § 101(f) · 101 Stat. 552

    1. Substituted · 12 U.S.C. § 1846

      Pub. L. 100–86 substituted “No provision of this chapter shall” for “The enactment by the Congress of this chapter shall not”

    2. Inserted · 12 U.S.C. § 1846

      Pub. L. 100–86 inserted “companies,” before “banks,”

    Source evidence

    Code amendment note
    Pub. L. 100–86 substituted “No provision of this chapter shall” for “The enactment by the Congress of this chapter shall not” and inserted “companies,” before “banks,”.

    Enacted provision · exact public law section
    (f) Effect on State Authority To Regulate.— Section 7 of the Bank Holding Company Act of 1956 (12 U.S.C. 1846) is amended— (1) by striking out “The enactment by the Congress of the Bank Holding Company Act of 1956 shall not” and inserting in lieu thereof “No provision of this Act shall”; and (2) by inserting “companies,” before “banks”.

  3. Riegle-Neal Interstate Banking and Branching Efficiency Act of 1994

    Pub. L. 103–328 title I § 101(b) · 108 Stat. 2338

    1. Amended · 12 U.S.C. § 1846

      Pub. L. 103–328 designated existing provisions as subsec. (a)

    2. Inserted · 12 U.S.C. § 1846

      Pub. L. 103–328 inserted heading

    3. Added · 12 U.S.C. § 1846

      Pub. L. 103–328 added subsec. (b)

    Source evidence

    Code amendment note
    Pub. L. 103–328 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

    Enacted provision · exact public law section
    (b) State Taxation Authority Not Affected.— Section 7 of the Bank Holding Company Act of 1956 (12 U.S.C. 1846) is amended— (1) by striking “No provision” and inserting “(a) In General.—No provision”; and (2) by adding at the end the following new subsection: “(b) State Taxation Authority Not Affected.— No provision of this Act shall be construed as affecting the authority of any State or political subdivision of any State to adopt, apply, or administer any tax or method of taxation to any bank, bank holding company, or foreign bank, or any affiliate of any bank, bank holding company, or foreign bank, to the extent that such tax or tax method is otherwise permissible by or under the Constitution of the United States or other Federal law.”.

    Effective date note
    Amendment by Pub. L. 103–328 effective at end of 1-year period beginning on Sept. 29, 1994, see section 101(e) of Pub. L. 103–328, set out as a note under section 1828 of this title.

5 of 6 references resolved to an enrolled provision · 1 partial

Editorial Notes

Amendments1987–1994 · 2 rounds

1994

Pub. L. 103–328 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

1987

Pub. L. 100–86 substituted “No provision of this chapter shall” for “The enactment by the Congress of this chapter shall not” and inserted “companies,” before “banks,”.

Statutory Notes and Related Subsidiaries

Effective Date of 1994 Amendment

Amendment by Pub. L. 103–328 effective at end of 1-year period beginning on , see section 101(e) of Pub. L. 103–328, set out as a note under section 1828 of this title.

Credits

1956–1994 · 3 acts
  1. 1956May 9, 1956, ch. 240, § 7, 70 Stat. 138
  2. 1987Pub. L. 100–86, title I, § 101(f), , 101 Stat. 563
  3. 1994Pub. L. 103–328, title I, § 101(b), , 108 Stat. 2341.
Show as published

(May 9, 1956, ch. 240, § 7, 70 Stat. 138; Pub. L. 100–86, title I, § 101(f), , 101 Stat. 563; Pub. L. 103–328, title I, § 101(b), , 108 Stat. 2341.)

Parsed from the official OLRC USLM XML in data/usc_all/usc12.xml · release point 119-108 · OLRC build 2026-07-23

USLM identifier /us/usc/t12/s1846