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Title 12 — Banks and Banking

Chapter 18 — Bank Service Companies

§ 1866. Services to nonstockholders or nonmembers

Statutory text

No bank service company shall unreasonably discriminate in the provision of any services authorized under this chapter to any depository institution that does not own stock in or is not a member of the service company on the basis of the fact that such depository institution is in competition with an institution that owns stock in or is a member of the bank service company, except that—

(1)

it shall not be considered unreasonable discrimination for a bank service company to provide services to a nonstockholding or nonmember institution only at a price that fully reflects all of the costs of offering those services, including the cost of capital and a reasonable return thereon; and

(2)

a bank service company may refuse to provide services to a nonstockholding or nonmember institution if comparable services are available from another source at competitive overall costs, or if the providing of services would be beyond the practical capacity of the service company.

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. Pub. L. 87–856 § 6 · 76 Stat. 1132

    Enacted · 12 U.S.C. § 1866

    Pub. L. 87–856, § 6, Oct. 23, 1962, as added Pub. L. 97–320, title VII, § 709, Oct. 15, 1982, 96 Stat. 1543

    Source evidence

    Code source credit
    Pub. L. 87–856, § 6, Oct. 23, 1962, as added Pub. L. 97–320, title VII, § 709, Oct. 15, 1982, 96 Stat. 1543

  2. Department of Commerce and Related Agencies Appropriations Act, 1997

    Pub. L. 104–208 § 2613(g)(1) · 110 Stat. 3009

    1. Inserted · 12 U.S.C. § 1866

      Pub. L. 104–208, § 2613(g)(1)–(4), (6), in section catchline, inserted “or nonmembers” after “nonstockholders”, and in introductory provisions of text

    2. Substituted · 12 U.S.C. § 1866

      Pub. L. 104–208, § 2613(g)(1)–(4), (6), in section catchline, substituted “company” for “corporation”

    3. Substituted · 12 U.S.C. § 1866

      Pub. L. 104–208, § 2613(g)(1)–(4), (6), in section catchline, substituted “such depository institution” for “the nonstockholding institution”

    4. Inserted · 12 U.S.C. § 1866

      Pub. L. 104–208, § 2613(g)(1)–(4), (6), in section catchline, inserted “or is not a member of” after “does not own stock in” and “or is a member of” after “that owns stock in”

    Source evidence

    Code amendment note
    Pub. L. 104–208, § 2613(g)(1)–(4), (6), in section catchline, inserted “or nonmembers” after “nonstockholders”, and in introductory provisions of text, substituted “company” for “corporation” wherever appearing and “such depository institution” for “the nonstockholding institution” and inserted “or is not a member of” after “does not own stock in” and “or is a member of” after “that owns stock in”.

    Enacted provision · exact public law section
    (1) by striking “corporation” each place such term appears and inserting “company”;

  3. Department of Commerce and Related Agencies Appropriations Act, 1997

    Pub. L. 104–208 § 2613(g)(1) · 110 Stat. 3009

    1. Substituted · 12 U.S.C. § 1866(1); 12 U.S.C. § 1866(2)

      Pub. L. 104–208, § 2613(g)(1), (5), substituted “company” for “corporation” wherever appearing

    2. Inserted · 12 U.S.C. § 1866(1); 12 U.S.C. § 1866(2)

      Pub. L. 104–208, § 2613(g)(1), (5), inserted “or nonmember” after “nonstockholding”

    Source evidence

    Code amendment note
    Pars. (1), (2). Pub. L. 104–208, § 2613(g)(1), (5), substituted “company” for “corporation” wherever appearing and inserted “or nonmember” after “nonstockholding”.

    Enacted provision · exact public law section
    (1) by striking “corporation” each place such term appears and inserting “company”;

6 of 7 references resolved to an enrolled provision · 1 partial

Editorial Notes

Amendments

1996—Pub. L. 104–208, § 2613(g)(1)–(4), (6), in section catchline, inserted “or nonmembers” after “nonstockholders”, and in introductory provisions of text, substituted “company” for “corporation” wherever appearing and “such depository institution” for “the nonstockholding institution” and inserted “or is not a member of” after “does not own stock in” and “or is a member of” after “that owns stock in”.

Pars. (1), (2). Pub. L. 104–208, § 2613(g)(1), (5), substituted “company” for “corporation” wherever appearing and inserted “or nonmember” after “nonstockholding”.

Credits

1962–1996 · 2 acts
  1. 1962Pub. L. 87–856, § 6, , as added Pub. L. 97–320, title VII, § 709, , 96 Stat. 1543
  2. 1996amended Pub. L. 104–208, div. A, title II, § 2613(g), , 110 Stat. 3009–478.
Show as published

(Pub. L. 87–856, § 6, , as added Pub. L. 97–320, title VII, § 709, , 96 Stat. 1543; amended Pub. L. 104–208, div. A, title II, § 2613(g), , 110 Stat. 3009–478.)

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/s1866