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12 U.S.C. § 228 — “Banking Act of 1935”
Federal law — U.S. Code and appendices · legal_authorities
The act of August 23, 1935, ch. 614, 49 Stat. 684, may be cited as the “Banking Act of 1935.”
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Source location: Title 12, Chapter 3, § 228; chapter-003-federal-reserve-system.md
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The act of August 23, 1935, ch. 614, 49 Stat. 684, may be cited as the “Banking Act of 1935.”
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) No person shall, at the same time, serve as a director or officer in any two corporations (other than banks, banking associations, and trust companies) that are—
(A) engaged in whole or in part in commerce; and
(B) by virtue of their business and location of operation, competitors, so that the elimination of competition by agreement between them would constitute a violation of any of the antitrust laws;
if each of the corporations has capital, surplus, and undivided profits aggregating more than $10,000,000 as adjusted pursuant to paragraph (5) of this subsection.
(2) Notwithstanding the provisions of paragraph (1), simultaneous service as a director or officer in any two corporations shall not be prohibited by this section if—
(A) the competitive sales of either corporation are less than $1,000,000, as adjusted pursuant to paragraph (5) of this subsection;
(B) the competitive sales of either corporation are less than 2 per centum of that corporation’s total sales; or
(C) the competitive sales of each corporation are less than 4 per centum of that corporation’s total sales.
For purposes of this paragraph, “competitive sales” means the gross revenues for all products and services sold by one corporation in competition with the other, determined on the basis of annual gross revenues for such products and services in that corporation’s last completed fiscal year. For the purposes of this paragraph, “total sales” means the gross revenues for all products and services sold by one corporation over that corporation’s last completed fiscal year.
(3) The eligibility of a director or officer under the provisions of paragraph (1) shall be determined by the capital, surplus and undivided profits, exclusive of dividends declared but not paid to stoc
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Federal law — U.S. Code and appendices · legal_authorities
In this title the following definitions shall apply:
(1) The term “accountant” means accountant authorized under applicable law to practice public accounting, and includes professional accounting association, corporation, or partnership, if so authorized.
(2) The term “affiliate” means—
(A) entity that directly or indirectly owns, controls, or holds with power to vote, 20 percent or more of the outstanding voting securities of the debtor, other than an entity that holds such securities—
(i) in a fiduciary or agency capacity without sole discretionary power to vote such securities; or
(ii) solely to secure a debt, if such entity has not in fact exercised such power to vote;
(B) corporation 20 percent or more of whose outstanding voting securities are directly or indirectly owned, controlled, or held with power to vote, by the debtor, or by an entity that directly or indirectly owns, controls, or holds with power to vote, 20 percent or more of the outstanding voting securities of the debtor, other than an entity that holds such securities—
(i) in a fiduciary or agency capacity without sole discretionary power to vote such securities; or
(ii) solely to secure a debt, if such entity has not in fact exercised such power to vote;
(C) person whose business is operated under a lease or operating agreement by a debtor, or person substantially all of whose property is operated under an operating agreement with the debtor; or
(D) entity that operates the business or substantially all of the property of the debtor under a lease or operating agreement.
(3) The term “assisted person” means any person whose debts consist primarily of consumer debts and the value of whose nonexempt property is less than $150,000.11 See Adjustment of Dollar Amounts not
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Federal law — U.S. Code and appendices · legal_authorities
Page 88
TITLE 12—BANKS AND BANKING
§ 227
SHORT TITLE OF 1980 AMENDMENT
Pub. L. 96–221, § 1, Mar. 31, 1980, 94 Stat. 132, provided
that: ‘‘This Act [enacting sections 4a, 86a, 93a, 248a,
1730g, 1735f–7a, 1831d, and 3501 to 3524 of this title, and
section 1646 of Title 15, Commerce and Trade, amending
sections 24, 27, 29, 51b, 51b–1, 72, 85, 92, 95, 214a, 248, 342,
347b, 355, 360, 371a, 412, 461, 463, 481, 1425a, 1425b, 1431,
1464, 1724, 1726, 1728, 1752, 1757, 1763, 1785, 1787, 1795, to
1795i, 1813, 1817, 1821, 1828, 1832, 1842, and 1843 of this
title, and sections 57a, 687, 1602 to 1607, 1610, 1612, 1613,
1631, 1632, 1635, 1637, 1638, 1640, 1641, 1643, 1663, 1664, 1665a,
1666, 1666d, 1667d, and 1691f of Title 15, repealing sec-
tions 86a, 371b–1, 1730e, and 1831a of this title, and sec-
tions 1614, 1636, and 1639 of Title 15, enacting provisions
set out as notes under this section, sections 27, 85, 86a,
191, 248, 355, 371a, 1425a, 1724, 1730g, 1735f–7, 1735f–7a, 1787,
1813, 1817, 3101, 3501, and 3521 of this title, and sections
1601, 1602, and 1607 of Title 15, and repealing provisions
set out as notes under sections 85, 86a, 371b–1, and 1831a
of this title] may be cited as the ‘Depository Institu-
tions Deregulation and Monetary Control Act of 1980’.’’
Pub. L. 96–221, title I, § 101, Mar. 31, 1980, 94 Stat. 132,
provided that: ‘‘This title [enacting section 248a of this
title, amending sections 248, 342, 347b, 355, 360, 412, 461,
463, and 1425a of this title and enacting provisions set
out as notes under sections 248 and 355 of this title]
may be cited as the ‘Monetary Control Act of 1980’.’’
Pub. L. 96–221, title III, § 301, Mar. 31, 1980, 94 Stat. 145,
provided that: ‘‘This title [amending sections 371a, 1431,
1464, 1724, 1728, 1752, 1757, 176
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