Title 12 — Banks and Banking
Part C · Chapter 53 — Wall Street Reform and Consumer Protection
§ 5364. Prohibition against management interlocks between certain financial companies
Statutory text
A nonbank financial company supervised by the Board of Governors shall be treated as a bank holding company for purposes of the Depository Institutions 1 Management Interlocks Act (12 U.S.C. 3201 et seq.), except that the Board of Governors shall not exercise the authority provided in section 7 2 of that Act (12 U.S.C. 3207) to permit service by a management official of a nonbank financial company supervised by the Board of Governors as a management official of any bank holding company with total consolidated assets equal to or greater than $250,000,000,000, or other nonaffiliated nonbank financial company supervised by the Board of Governors (other than to provide a temporary exemption for interlocks resulting from a merger, acquisition, or consolidation).
Footnotes
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.
Financial Stability Act of 2010
Pub. L. 111–203 title I § 164 · 124 Stat. 1376
Enacted · 12 U.S.C. § 5364
Pub. L. 111–203, title I, § 164, July 21, 2010, 124 Stat. 1423
Source evidence
Code source credit
Pub. L. 111–203, title I, § 164, July 21, 2010, 124 Stat. 1423Enacted provision · exact public law section
SEC. 164. PROHIBITION AGAINST MANAGEMENT INTERLOCKS BETWEEN CERTAIN FINANCIAL COMPANIES. A nonbank financial company supervised by the Board of Governors shall be treated as a bank holding company for purposes of the Depository Institutions Management Interlocks Act (12 U.S.C. 3201 et seq.), except that the Board of Governors shall not exercise the authority provided in section 7 of that Act (12 U.S.C. 3207) to permit service by a management official of a nonbank financial company supervised by the Board of Governors as a management official of any bank holding company with total consolidated assets equal to or greater than $50,000,000,000, or other nonaffiliated nonbank financial company supervised by the Board of Governors (other than to provide a temporary exemption for interlocks resulting from a merger, acquisition, or consolidation).Economic Growth, Regulatory Relief, and Consumer Protection Act
Pub. L. 115–174 title IV § 401(c)(1)(F) · 132 Stat. 1296
Substituted · 12 U.S.C. § 5364
Pub. L. 115–174 substituted “$250,000,000,000” for “$50,000,000,000”
Source evidence
Code amendment note
Pub. L. 115–174 substituted “$250,000,000,000” for “$50,000,000,000”.Enacted provision · exact public law section
(F) in section 164 (12 U.S.C. 5364), by striking “$50,000,000,000” and inserting “$250,000,000,000”.Effective date note
Except as otherwise provided, amendment by Pub. L. 115–174 effective 18 months after May 24, 2018, see section 401(d) of Pub. L. 115–174, set out as a note under section 5365 of this title.
2 of 2 references resolved to an enrolled provision
Editorial Notes
References in Text
The Depository Institution Management Interlocks Act, referred to in text, is title II of Pub. L. 95–630, , 92 Stat. 3672, which is classified principally to chapter 33 (§ 3201 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3201 of this title and Tables.
Amendments
2018—Pub. L. 115–174 substituted “$250,000,000,000” for “$50,000,000,000”.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Except as otherwise provided, amendment by Pub. L. 115–174 effective 18 months after , see section 401(d) of Pub. L. 115–174, set out as a note under section 5365 of this title.
Construction of 2018 Amendment
For construction of amendment by Pub. L. 115–174 as applied to certain foreign banking organizations, see section 401(g) of Pub. L. 115–174, set out as a note under section 5365 of this title.
Credits
2010–2018 · 2 acts
- 2010Pub. L. 111–203, title I, § 164, , 124 Stat. 1423
- 2018Pub. L. 115–174, title IV, § 401(c)(1)(F), , 132 Stat. 1358.
Show as published
(Pub. L. 111–203, title I, § 164, , 124 Stat. 1423; Pub. L. 115–174, title IV, § 401(c)(1)(F), , 132 Stat. 1358.)