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12 U.S.C. § 5330 — Reports
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Subject to subsection (b), the Council, acting through the Office of Financial Research, may require a bank holding company with total consolidated assets of $250,000,000,000 or greater or a nonbank financial company supervised by the Board of Governors, and any subsidiary thereof, to submit certified reports to keep the Council informed as to—
(1) the financial condition of the company;
(2) systems for monitoring and controlling financial, operating, and other risks;
(3) transactions with any subsidiary that is a depository institution; and
(4) the extent to which the activities and operations of the company and any subsidiary thereof, could, under adverse circumstances, have the potential to disrupt financial markets or affect the overall financial stability of the United States.
**(b) Use of existing reports**
(1) **In general** — For purposes of compliance with subsection (a), the Council, acting through the Office of Financial Research, shall, to the fullest extent possible, use—
(A) reports that a bank holding company, nonbank financial company supervised by the Board of Governors, or any functionally regulated subsidiary of such company has been required to provide to other Federal or State regulatory agencies or to a relevant foreign supervisory authority;
(B) information that is otherwise required to be reported publicly; and
(C) externally audited financial statements.
(2) **Availability** — Each bank holding company described in subsection (a) and nonbank financial company supervised by the Board of Governors, and any subsidiary thereof, shall provide to the Council, at the request of the Council, copies of all reports referred to in paragraph (1).
(3) **Confidentiality** — The Council shall maintain the confidentiality of
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Source location: Title 12, Chapter 53, § 5330; chapter-053-wall-street-reform-and-consumer-protection.md
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**(a) In general** Subject to subsection (b), the Council, acting through the Office of Financial Research, may require a bank holding company with total consolidated assets of $250,000,000,000 or greater or a nonbank financial company supervised by the Board of Governors, and any subsidiary thereof, to submit certified reports to keep the Council informed as to—
(1) the financial condition of the company;
(2) systems for monitoring and controlling financial, operating, and other risks;
(3) transactions with any subsidiary that is a depository institution; and
(4) the extent to which the activities and operations of the company and any subsidiary thereof, could, under adverse circumstances, have the potential to disrupt financial markets or affect the overall financial stability of the United States.
**(b) Use of existing reports**
(1) **In general** — For purposes of compliance with subsection (a), the Council, acting through the Office of Financial Research, shall, to the fullest extent possible, use—
(A) reports that a bank holding company, nonbank financial company supervised by the Board of Governors, or any functionally regulated subsidiary of such company has been required to provide to other Federal or State regulatory agencies or to a relevant foreign supervisory authority;
(B) information that is otherwise required to be reported publicly; and
(C) externally audited financial statements.
(2) **Availability** — Each bank holding company described in subsection (a) and nonbank financial company supervised by the Board of Governors, and any subsidiary thereof, shall provide to the Council, at the request of the Council, copies of all reports referred to in paragraph (1).
(3) **Confidentiality** — The Council shall maintain the confidentiality of the reports obtained under subsection (a) and paragraph (1)(A) of this subsection.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Reports**
(1) **In general** — The Board of Governors may require each nonbank financial company supervised by the Board of Governors, and any subsidiary thereof, to submit reports under oath, to keep the Board of Governors informed as to—
(A) the financial condition of the company or subsidiary, systems of the company or subsidiary for monitoring and controlling financial, operating, and other risks, and the extent to which the activities and operations of the company or subsidiary pose a threat to the financial stability of the United States; and
(B) compliance by the company or subsidiary with the requirements of this subchapter.
(2) **Use of existing reports and information** — In carrying out subsection (a), the Board of Governors shall, to the fullest extent possible, use—
(A) reports and supervisory information that a nonbank financial company or subsidiary thereof has been required to provide to other Federal or State regulatory agencies;
(B) information otherwise obtainable from Federal or State regulatory agencies;
(C) information that is otherwise required to be reported publicly; and
(D) externally audited financial statements of such company or subsidiary.
(3) **Availability** — Upon the request of the Board of Governors, a nonbank financial company supervised by the Board of Governors, or a subsidiary thereof, shall promptly provide to the Board of Governors any information described in paragraph (2).
(4) **Data standards for reports under this subsection**
(A) *In general* — The Board of Governors shall adopt data standards for all information that, through a collection of information, is regularly filed with or submitted to the Board of Governors under this subsection by any nonbank financial company supervised by the Board
Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 5365
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** For purposes of this section, the following definitions shall apply:
(1) **Generally applicable leverage capital requirements** — The term “generally applicable leverage capital requirements” means—
(A) the minimum ratios of tier 1 capital to average total assets, as established by the appropriate Federal banking agencies to apply to insured depository institutions under the prompt corrective action regulations implementing section 1831o of this title, regardless of total consolidated asset size or foreign financial exposure; and
(B) includes the regulatory capital components in the numerator of that capital requirement, average total assets in the denominator of that capital requirement, and the required ratio of the numerator to the denominator.
(2) **Generally applicable risk-based capital requirements** — The term “generally applicable risk-based capital requirements” means—
(A) the risk-based capital requirements, as established by the appropriate Federal banking agencies to apply to insured depository institutions under the prompt corrective action regulations implementing section 1831o of this title, regardless of total consolidated asset size or foreign financial exposure; and
(B) includes the regulatory capital components in the numerator of those capital requirements, the risk-weighted assets in the denominator of those capital requirements, and the required ratio of the numerator to the denominator.
(3) **Definition of depository institution holding company** — The term “depository institution holding company” means a bank holding company or a savings and loan holding company (as those terms are defined in [section 1813 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1813&num=0&edit
Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 5311
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Commencement of orderly liquidation**
(1) **Petition to District Court**
(A) *District Court review*
(i) *Petition to District Court* — Subsequent to a determination by the Secretary under [section 5383 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section5383&num=0&edition=prelim) that a financial company satisfies the criteria in [section 5383(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section5383/b&num=0&edition=prelim), the Secretary shall notify the Corporation and the covered financial company. If the board of directors (or body performing similar functions) of the covered financial company acquiesces or consents to the appointment of the Corporation as receiver, the Secretary shall appoint the Corporation as receiver. If the board of directors (or body performing similar functions) of the covered financial company does not acquiesce or consent to the appointment of the Corporation as receiver, the Secretary shall petition the United States District Court for the District of Columbia for an order authorizing the Secretary to appoint the Corporation as receiver.
(ii) *Form and content of order* — The Secretary shall present all relevant findings and the recommendation made pursuant to [section 5383(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section5383/a&num=0&edition=prelim) to the Court. The petition shall be filed under seal.
(iii) *Determination* — On a strictly confidential basis, and without any prior public disclosure, the Court, after notice to the covered financial company and a hearing in which the covered financial company may oppose the petition, shall determine whether the determination of the Secretary
Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 5385
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Federal law — U.S. Code and appendices · legal_authorities
Page 1845
TITLE 12—BANKS AND BANKING
§ 5330
1 See References in Text note below.
graph (1), the Council shall submit a report
to, and may testify before, the Committee
on Banking, Housing, and Urban Affairs of
the Senate and the Committee on Financial
Services of the House of Representatives on
the proposed decision of the Council regard-
ing an appeal under paragraph (1), which re-
port shall include a statement of the basis
for the proposed decision of the Council.
(B) Notice of final decision
The Council shall notify the subject entity
of the final decision of the Council regarding
an appeal under paragraph (1), which notice
shall contain a statement of the basis for the
final decision of the Council, not later than
60 days after the later of—
(i) the date of the submission of the re-
port under subparagraph (A); or
(ii) if, not later than 1 year after the
date of submission of the report under sub-
paragraph (A), the Committee on Banking,
Housing, and Urban Affairs of the Senate
or the Committee on Financial Services of
the House of Representatives holds one or
more hearings regarding such report, the
date of the last such hearing.
(C) Considerations
In making a decision regarding an appeal
under paragraph (1), the Council shall con-
sider whether the company meets the stand-
ards under section 5323(a) or 5323(b) of this
title, as applicable, and the definition of the
term ‘‘nonbank financial company’’ under
section 5311 of this title. The decision of the
Council shall be final, subject to the review
under paragraph (3).
(3) Review
If the Council denies an appeal under this
subsection, the Council shall, not less fre-
quently than annually, review and reevaluate
the decision.
(Pub. L. 111–203, title I, § 117, July 21, 2010, 124
Sta
Source: Supplied 2024 U.S. Code historical extraction · 12 U.S.C. § 5330
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