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12 U.S.C. § 3103 — Interstate banking by foreign banks

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12 U.S.C. § 3103 — Interstate banking by foreign banks

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Source location: Title 12, Chapter 32, § 3103; chapter-032-foreign-bank-participation-in-domestic-markets.md

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**(a) Interstate branching and agency operations** (1) **Federal branch or agency** — Subject to the provisions of this chapter and with the prior written approval by the Board and the Comptroller of the Currency of an application, a foreign bank may establish and operate a Federal branch or agency in any State outside the home State of such foreign bank to the extent that the establishment and operation of such branch would be permitted under [section 36(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section36/g&num=0&edition=prelim) or [section 1831u of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1831u&num=0&edition=prelim) if the foreign bank were a national bank whose home State is the same State as the home State of the foreign bank. (2) **State branch or agency** — Subject to the provisions of this chapter and with the prior written approval by the Board and the appropriate State bank supervisor of an application, a foreign bank may establish and operate a State branch or agency in any State outside the home State of such foreign bank to the extent that such establishment and operation would be permitted under section 1828(d)(4) or 1831u of this title if the foreign bank were a State bank whose home State is the same State as the home State of the foreign bank. (3) **Criteria for determination** — In approving an application under paragraph (1) or (2), the Board and (in the case of an application under paragraph (1)) the Comptroller of the Currency— (A) shall apply the standards applicable to the establishment of a foreign bank office in the United States under [section 3105(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section3105/d&num=0&edition=prelim); (B) may not approve an application unless the Board and (in the case of an application under paragraph (1)) the Comptroller of the Currency— (i) determine that the foreign bank’s financial resources, including the capital level of the bank, are equivalent to those required for a domestic bank to be approved for branching under [section 36 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section36&num=0&edition=prelim) and [section 1831u of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1831u&num=0&edition=prelim); and (ii) consult with the Secretary of the Treasury regarding capital equivalency; and (C) shall apply the same requirements and conditions to which an application for an interstate merger transaction is subject under paragraphs (1), (3), and (4) of [section 1831u(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1831u/b&num=0&edition=prelim). (4) **Operation** — Subsections (c) and (d)(2) of [section 1831u of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1831u&num=0&edition=prelim) shall apply with respect to each branch and agency of a foreign bank which is established and operated pursuant to an application approved under this subsection in the same manner and to the same extent such provisions of such section apply to a domestic branch of a national or State bank (as such terms are defined in [section 1813 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1813&num=0&edition=prelim)) which resulted from a merger transaction under such [section 1831u of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1831u&num=0&edition=prelim). (5) **Exclusive authority for additional branches** — Except as provided in this section, a foreign bank may not, directly or indirectly, acquire, establish, or operate a branch or agency in any State other than the home State of such bank. (6) **Requirement for a separate subsidiary** — If the Board or the Comptroller of the Currency, taking into account differing regulatory or accounting standards, finds that adherence by a foreign bank to capital requirements equivalent to those imposed under [section 36 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section36&num=0&edition=prelim) and [section 1831u of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1831u&num=0&edition=prelim) could be verified only if the banking activities of such bank in the United States are carried out in a domestic banking subsidiary within the United States, the Board and (in the case of an application under paragraph (1)) the Comptroller of the Currency may approve an application under paragraph (1) or (2) subject to a requirement that the foreign bank or company controlling the foreign bank establish a domestic banking subsidiary in the United States. (7) **Additional authority for interstate branches and agencies of foreign banks, upgrades of certain foreign bank agencies and branches** — Notwithstanding paragraphs (1) and (2), a foreign bank may— (A) with the approval of the Board and the Comptroller of the Currency, establish and operate a Federal branch or Federal agency or, with the approval of the Board and the appropriate State bank supervisor, a State branch or State agency in any State outside the foreign bank’s home State if— (i) the establishment and operation of such branch or agency is permitted by the State in which the branch or agency is to be established; and (ii) in the case of a Federal or State branch, the branch receives only such deposits as would be permitted for a corporation organized under section 25A of the Federal Reserve Act [[12 U.S.C. 611](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section611&num=0&edition=prelim) et seq.]; or (B) with the approval of the Board and the relevant licensing authority (the Comptroller in the case of a Federal branch or the appropriate State supervisor in the case of a State branch), upgrade an agency, or a branch of the type referred to in subparagraph (A)(ii), located in a State outside the foreign bank’s home State, into a Federal or State branch if— (i) the establishment and operation of such branch is permitted by such State; and (ii) such agency or branch— (I) was in operation in such State on the day before September 29, 1994; or (II) has been in operation in such State for a period of time that meets the State’s minimum age requirement permitted under [section 1831u(a)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1831u/a/5&num=0&edition=prelim). (8) **Continuing requirement for meeting community credit needs after initial interstate entry by acquisition** (A) *In general* — If a foreign bank acquires a bank or a branch of a bank, in a State in which the foreign bank does not maintain a branch, and such acquired bank is, or is part of, a regulated financial institution (as defined in section 803 of the Community Reinvestment Act of 1977 [[12 U.S.C. 2902](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section2902&num=0&edition=prelim)]), the Community Reinvestment Act of 1977 [[12 U.S.C. 2901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section2901&num=0&edition=prelim) et seq.] shall continue to apply to each branch of the foreign bank which results from the acquisition as if such branch were a regulated financial institution. (B) *Exception for branch that receives only deposits permissible for an Edge Act corporation* — Paragraph (1) shall not apply to any branch that receives only such deposits as are permissible for a corporation organized under section 25A of the Federal Reserve Act [[12 U.S.C. 611](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section611&num=0&edition=prelim) et seq.] to receive. (9) **Home State of domestic bank defined** — For purposes of this subsection, the term “home State” means— (A) with respect to a national bank, the State in which the main office of the bank is located; and (B) with respect to a State bank, the State by which the bank is chartered. **(b) Continuance of lawful interstate banking operations previously commenced** Unless its authority to do so is lawfully revoked otherwise than pursuant to this section, a foreign bank, notwithstanding any restriction or limitation imposed under subsection (a) of this section, may establish and operate, outside its home State, any State branch, State agency, or bank or commercial lending company subsidiary which commenced lawful operation or for which an application to commence business had been lawfully filed with the appropriate State or Federal authority, as the case may be, on or before July 27, 1978. Notwithstanding subsection (a), a foreign bank may continue to operate, after September 29, 1994, any Federal branch, State branch, Federal agency, State agency, or commercial lending company subsidiary which such bank was operating on the day before September 29, 1994, to the extent the branch, agency, or subsidiary continues, after September 29, 1994, to engage in operations which were lawful under the laws in effect on the day before September 29, 1994. **(c) Determination of home State of foreign bank** For the purposes of this section— (1) in the case of a foreign bank that has any branch, agency, subsidiary commercial lending company, or subsidiary bank in more than 1 State, the home State of the foreign bank is the 1 State of such States which is selected to be the home State by the foreign bank or, in default of any such selection, by the Board; and (2) in the case of a foreign bank that does not have a branch, agency, subsidiary commercial lending company, or subsidiary bank in more than 1 State, the home State of the foreign bank is the State in which the foreign bank has a branch, agency, subsidiary commercial lending company, or subsidiary bank. **(d) Clarification of branching rules in case of foreign bank with domestic bank subsidiary** In the case of a foreign bank that has a domestic bank subsidiary within the United States— (1) the fact that such bank controls a domestic bank shall not affect the authority of the foreign bank to establish Federal and State branches or agencies to the extent permitted under subsection (a); and (2) the fact that the domestic bank is controlled by a foreign bank which has Federal or State branches or agencies in States other than the home State of such domestic bank shall not affect the authority of the domestic bank to establish branches outside the home State of the domestic bank to the extent permitted under [section 36(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section36/g&num=0&edition=prelim) or section 1828(d)(4) or 1831u of this title, as the case may be.

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 3101 — Definitions

For the purposes of this chapter— (1) “agency” means any office or any place of business of a foreign bank located in any State of the United States at which credit balances are maintained incidental to or arising out of the exercise of banking powers, checks are paid, or money is lent but at which deposits may not be accepted from citizens or residents of the United States; (2) “Board” means the Board of Governors of the Federal Reserve System; (3) “branch” means any office or any place of business of a foreign bank located in any State of the United States at which deposits are received; (4) “Comptroller” means the Comptroller of the Currency; (5) “Federal agency” means an agency of a foreign bank established and operating under [section 3102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section3102&num=0&edition=prelim); (6) “Federal branch” means a branch of a foreign bank established and operating under [section 3102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section3102&num=0&edition=prelim); (7) “foreign bank” means any company organized under the laws of a foreign country, a territory of the United States, Puerto Rico, Guam, American Samoa, or the Virgin Islands, which engages in the business of banking, or any subsidiary or affiliate, organized under such laws, of any such company. For the purposes of this chapter the term “foreign bank” includes, without limitation, foreign commercial banks, foreign merchant banks and other foreign institutions that engage in banking activities usual in connection with the business of banking in the countries where such foreign institutions are organized or operating; (8) “foreign country” means any country other than the United States, and

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12 U.S.C. § 1831u — Interstate bank mergers

**(a) Approval of interstate merger transactions authorized** (1) **In general** — Beginning on June 1, 1997, the responsible agency may approve a merger transaction under [section 1828(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1828/c&num=0&edition=prelim) between insured banks with different home States, without regard to whether such transaction is prohibited under the law of any State. (2) **State election to prohibit interstate merger transactions** (A) *In general* — Notwithstanding paragraph (1), a merger transaction may not be approved pursuant to paragraph (1) if the transaction involves a bank the home State of which has enacted a law after September 29, 1994, and before June 1, 1997, that— (i) applies equally to all out-of-State banks; and (ii) expressly prohibits merger transactions involving out-of-State banks. (B) *No effect on prior approvals of merger transactions* — A law enacted by a State pursuant to subparagraph (A) shall have no effect on merger transactions that were approved before the effective date of such law. (3) **State election to permit early interstate merger transactions** (A) *In general* — A merger transaction may be approved pursuant to paragraph (1) before June 1, 1997, if the home State of each bank involved in the transaction has in effect, as of the date of the approval of such transaction, a law that— (i) applies equally to all out-of-State banks; and (ii) expressly permits interstate merger transactions with all out-of-State banks. (B) *Certain conditions allowed* — A host State may impose conditions on a branch within such State of a bank resulting from an interstate merger transaction if— (i) the conditions do not have the effect of discr

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12 U.S.C. § 36 — Branch banks

The conditions upon which a national banking association may retain or establish and operate a branch or branches are the following: **(a) Lawful and continuous operation** A national banking association may retain and operate such branch or branches as it may have had in lawful operation on February 25, 1927, and any national banking association which continuously maintained and operated not more than one branch for a period of more than twenty-five years immediately preceding February 25, 1927, may continue to maintain and operate such branch. **(b) Converted State banks** (1) A national bank resulting from the conversion of a State bank may retain and operate as a branch any office which was a branch of the State bank immediately prior to conversion if such office— (A) might be established under subsection (c) of this section as a new branch of the resulting national bank, and is approved by the Comptroller of the Currency for continued operation as a branch of the resulting national bank; (B) was a branch of any bank on February 25, 1927; or (C) is approved by the Comptroller of the Currency for continued operation as a branch of the resulting national bank. The Comptroller of the Currency may not grant approval under clause (C) of this paragraph if a State bank (in a situation identical to that of the national bank) resulting from the conversion of a national bank would be prohibited by the law of such State from retaining and operating as a branch an identically situated office which was a branch of the national bank immediately prior to conversion. (2) A national bank (referred to in this paragraph as the “resulting bank”), resulting from the consolidation of a national bank (referred to in this paragraph as the “national bank”) under whose charter

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12 U.S.C. § 611 — Formation authorized; fiscal agents; depositaries in insular possessions

Corporations to be organized for the purpose of engaging in international or foreign banking or other international or foreign financial operations, or in banking or other financial operations in a dependency or insular possession of the United States, either directly or through the agency, ownership or control of local institutions in foreign countries, or in such dependencies or insular possessions as provided by this subchapter and to act when required by the Secretary of the Treasury as fiscal agents of the United States, may be formed by any number of natural persons, not less in any case than five: Provided, That nothing in this subchapter shall be construed to deny the right of the Secretary of the Treasury to use any corporation organized under this subchapter as depositaries in Panama and the Panama Canal Zone, or other insular possessions and dependencies of the United States.

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12 U.S.C. § 2901 — Congressional findings and statement of purpose

**(a)** The Congress finds that— (1) regulated financial institutions are required by law to demonstrate that their deposit facilities serve the convenience and needs of the communities in which they are chartered to do business; (2) the convenience and needs of communities include the need for credit services as well as deposit services; and (3) regulated financial institutions have continuing and affirmative obligation to help meet the credit needs of the local communities in which they are chartered. **(b)** It is the purpose of this chapter to require each appropriate Federal financial supervisory agency to use its authority when examining financial institutions, to encourage such institutions to help meet the credit needs of the local communities in which they are chartered consistent with the safe and sound operation of such institutions.

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12 U.S.C. § 1813 — Definitions

As used in this chapter— **(a) Definitions of bank and related terms** (1) **Bank** — The term “bank”— (A) means any national bank and State bank, and any Federal branch and insured branch; (B) includes any former savings association. (2) **State bank** — The term “State bank” means any bank, banking association, trust company, savings bank, industrial bank (or similar depository institution which the Board of Directors finds to be operating substantially in the same manner as an industrial bank), or other banking institution which— (A) is engaged in the business of receiving deposits, other than trust funds (as defined in this section); and (B) is incorporated under the laws of any State or which is operating under the Code of Law for the District of Columbia, including any cooperative bank or other unincorporated bank the deposits of which were insured by the Corporation on the day before August 9, 1989. (3) **State** — The term “State” means any State of the United States, the District of Columbia, any territory of the United States, Puerto Rico, Guam, American Samoa, the Trust Territory of the Pacific Islands, the Virgin Islands, and the Northern Mariana Islands. **(b) Definition of savings associations and related terms** (1) **Savings association** — The term “savings association” means— (A) any Federal savings association; (B) any State savings association; and (C) any corporation (other than a bank) that the Board of Directors and the Comptroller of the Currency jointly determine to be operating in substantially the same manner as a savings association. (2) **Federal savings association** — The term “Federal savings association” means any Federal savings association or Federal savings bank which is chartered under [section 1464 of t

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12 U.S.C. § 2902 — Definitions

For the purposes of this chapter— (1) the term “appropriate Federal financial supervisory agency” means— (A) the Comptroller of the Currency with respect to national banks and Federal savings associations (the deposits of which are insured by the Federal Deposit Insurance Corporation); (B) the Board of Governors of the Federal Reserve System with respect to State chartered banks which are members of the Federal Reserve System, bank holding companies, and savings and loan holding companies; (C) the Federal Deposit Insurance Corporation with respect to State chartered banks and savings banks which are not members of the Federal Reserve System and the deposits of which are insured by the Corporation, and State savings associations (the deposits of which are insured by the Federal Deposit Insurance Corporation).11 So in original. The period probably should be a semicolon. (2) the term “regulated financial institution” means an insured depository institution (as defined in [section 1813 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1813&num=0&edition=prelim)); and (3) the term “application for a deposit facility” means an application to the appropriate Federal financial supervisory agency otherwise required under Federal law or regulations thereunder for— (A) a charter for a national bank or Federal savings and loan association; (B) deposit insurance in connection with a newly chartered State bank, savings bank, savings and loan association or similar institution; (C) the establishment of a domestic branch or other facility with the ability to accept deposits of a regulated financial institution; (D) the relocation of the home office or a branch office of a regulated financial institution; (E) the merger

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12 U.S.C. § 3102 — Establishment of Federal branches and agencies by foreign bank

**(a) Establishment and operation of Federal branches and agencies** (1) **Initial Federal branch or agency** — Except as provided in [section 3103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section3103&num=0&edition=prelim), a foreign bank which engages directly in a banking business outside the United States may, with the approval of the Comptroller, establish one or more Federal branches or agencies in any State in which (1) it is not operating a branch or agency pursuant to State law and (2) the establishment of a branch or agency, as the case may be, by a foreign bank is not prohibited by State law. (2) **Board conditions required to be included** — In considering any application for approval under this subsection, the Comptroller of the Currency shall include any condition imposed by the Board under [section 3105(d)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section3105/d/5&num=0&edition=prelim) as a condition for the approval of such application by the agency. **(b) Rules and regulations; rights and privileges; duties and liabilities; exceptions; coordination of examinations** In establishing and operating a Federal branch or agency, a foreign bank shall be subject to such rules, regulations, and orders as the Comptroller considers appropriate to carry out this section, which shall include provisions for service of process and maintenance of branch and agency accounts separate from those of the parent bank. Except as otherwise specifically provided in this chapter or in rules, regulations, or orders adopted by the Comptroller under this section, operations of a foreign bank at a Federal branch or agency shall be conducted with the same rights and privileges as a national bank

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12 U.S.C. § 2901 — Congressional findings and statement of

Page 1473 TITLE 12—BANKS AND BANKING § 2902 Act are classified generally to subchapters I (§ 1702 et seq.) and II (§ 1707 et seq.), respectively, of chapter 13 of this title. For complete classification of this Act to the Code, see section 1701 of this title and Tables. AMENDMENTS 1989—Pub. L. 101–73 inserted ‘‘(or for which completed applications are received)’’ after ‘‘approved’’. 1988—Pub. L. 100–242 inserted ‘‘(and for each mort- gagee making mortgage loans exempted under section 2803(g) of this title)’’ after ‘‘section 2805(b) of this title’’. 1983—Pub. L. 98–181 substituted ‘‘primary metropoli- tan statistical area, metropolitan statistical area, or consolidated metropolitan statistical area that is not comprised of designated primary metropolitan statis- tical areas’’ for ‘‘standard metropolitan statistical areas’’ in two places. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1989 AMENDMENT Amendment by Pub. L. 101–73 applicable to each cal- endar year beginning after Dec. 31, 1989, see section 1211(k) of Pub. L. 101–73, set out as a note under section 2802 of this title. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–242 applicable to the por- tion of calendar year 1988 that begins Aug. 19, 1988, and to each calendar year beginning after Dec. 31, 1988, see section 565(a)(4) of Pub. L. 100–242, as amended, set out as a note under section 2802 of this title. § 2811. Repealed. Pub. L. 100–242, title V, § 565(b), Feb. 5, 1988, 101 Stat. 1945 Section, Pub. L. 94–200, title III, § 312, as added Pub. L. 96–399, title III, § 340(c), Oct. 8, 1980, 94 Stat. 1659; amended Pub. L. 99–120, § 5(c), Oct. 8, 1985, 99 Stat. 504; Pub. L. 99–156, § 5(c), Nov. 15, 1985, 99 Stat. 817; Pub. L. 99–219, § 5(c), Dec. 26, 1985, 99 Stat.

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 2902 — Definitions

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