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Title 12 — Banks and Banking

Part A · Chapter 53 — Wall Street Reform and Consumer Protection

§ 5329. Resolution of supervisory jurisdictional disputes among member agencies

Statutory text

(a)

Request for Council recommendation

The Council shall seek to resolve a dispute among 2 or more member agencies, if—

(1)

a member agency has a dispute with another member agency about the respective jurisdiction over a particular bank holding company, nonbank financial company, or financial activity or product (excluding matters for which another dispute mechanism specifically has been provided under title X); 1

(2)

the Council determines that the disputing agencies cannot, after a demonstrated good faith effort, resolve the dispute without the intervention of the Council; and

(3)

any of the member agencies involved in the dispute—

(A)

provides all other disputants prior notice of the intent to request dispute resolution by the Council; and

(B)

requests in writing, not earlier than 14 days after providing the notice described in subparagraph (A), that the Council seek to resolve the dispute.

(b)

Council recommendation

The Council shall seek to resolve each dispute described in subsection (a)—

(1)

within a reasonable time after receiving the dispute resolution request;

(2)

after consideration of relevant information provided by each agency party to the dispute; and

(3)

by agreeing with 1 of the disputants regarding the entirety of the matter, or by determining a compromise position.

(c)

Form of recommendation

Any Council recommendation under this section shall—

(1)

be in writing;

(2)

include an explanation of the reasons therefor; and

(3)

be approved by the affirmative vote of ⅔ of the voting members of the Council then serving.

(d)

Nonbinding effect

Any recommendation made by the Council under subsection (c) shall not be binding on the Federal agencies that are parties to the dispute.

Footnotes

  1. 1 See References in Text note below.

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. Financial Stability Act of 2010

    Pub. L. 111–203 title I § 119 · 124 Stat. 1376

    Enacted · 12 U.S.C. § 5329

    (Pub. L. 111–203, title I, § 119, July 21, 2010, 124 Stat. 1408.)

    Source evidence

    Code source credit
    (Pub. L. 111–203, title I, § 119, July 21, 2010, 124 Stat. 1408.)

    Enacted provision · exact public law section
    SEC. 119. RESOLUTION OF SUPERVISORY JURISDICTIONAL DISPUTES AMONG MEMBER AGENCIES. (a) Request for Council Recommendation.— The Council shall seek to resolve a dispute among 2 or more member agencies, if— (1) a member agency has a dispute with another member agency about the respective jurisdiction over a particular bank holding company, nonbank financial company, or financial activity or product (excluding matters for which another dispute mechanism specifically has been provided under title X); (2) the Council determines that the disputing agencies cannot, after a demonstrated good faith effort, resolve the dispute without the intervention of the Council; and (3) any of the member agencies involved in the dispute— (A) Notice. provides all other disputants prior notice of the intent to request dispute resolution by the Council; and (B) Deadline. requests in writing, not earlier than 14 days after providing the notice described in subparagraph (A), that the Council seek to resolve the dispute. (b) Council Recommendation.— The Council shall seek to resolve each dispute described in subsection (a)— (1) within a reasonable time after receiving the dispute resolution request; (2) after consideration of relevant information provided by each agency party to the dispute; and (3) by agreeing with 1 of the disputants regarding the entirety of the matter, or by determining a compromise position. (c) Form of Recommendation.— Any Council recommendation under this section shall— (1) be in writing; (2) include an explanation of the reasons therefor; and (3) be approved by the affirmative vote of ⅔ of the voting members of the Council then serving. (d) Nonbinding Effect.— Any recommendation made by the Council under subsection (c) shall not be binding on the Federal agencies that are parties to the dispute.

1 of 1 references resolved to an enrolled provision

Editorial Notes

References in Text

Title X, referred to in subsec. (a)(1), is title X of Pub. L. 111–203, , 124 Stat. 1955, known as the Consumer Financial Protection Act of 2010, which enacted subchapter V (§ 5481 et seq.) of this chapter and enacted, amended, and repealed numerous other sections and notes in the Code. For complete classification of title X to the Code, see Short Title note set out under section 5301 of this title and Tables.

Credits

(Pub. L. 111–203, title I, § 119, , 124 Stat. 1408.)

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