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12 U.S.C. § 5303 — Enhanced compensation structure reporting

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

12 U.S.C. § 5303 — Enhanced compensation structure reporting

**(a) Enhanced disclosure and reporting of compensation arrangements** (1) **In general** — Not later than 9 months after July 21, 2010, the appropriate Federal regulators jointly shall prescribe regulations or guidelines to require each covered financial institution to disclose to the appropriate Federal regulator the structures of all incentive-based compensation arrangements offered by such covered financial institutions sufficient to determine whether the compensation structure— (A) provides an executive officer, employee, director, or principal shareholder of the covered financial institution with excessive compensation, fees, or benefits; or (B) could lead to material financial loss to the covered financial institution. (2) **Rules of construction** — Nothing in this section shall be construed as requiring the reporting of the actual compensation of particular individuals. Nothing in this section shall be construed to require a covered financial institution that does not have an incentive-based payment arrangement to make the disclosures required under this subsection. **(b) Prohibition on certain compensation arrangements** Not later than 9 months after July 21, 2010, the appropriate Federal regulators shall jointly prescribe regulations or guidelines that prohibit any types of incentive-based payment arrangement, or any feature of any such arrangement, that the regulators determine encourages inappropriate risks by covered financial institutions— (1) by providing an executive officer, employee, director, or principal shareholder of the covered financial institution with excessive compensation, fees, or benefits; or (2) that could lead to material financial loss to the covered financial institution. **(c) Standards** The appropriate Federal regulators

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Source file: Laws/federal/codes/united-states-code/title-12/section-5303-enhanced-compensation-structure-reporting--21dce9714a.md
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Source location: Title 12, Chapter 53, § 5303; chapter-053-wall-street-reform-and-consumer-protection.md

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**(a) Enhanced disclosure and reporting of compensation arrangements** (1) **In general** — Not later than 9 months after July 21, 2010, the appropriate Federal regulators jointly shall prescribe regulations or guidelines to require each covered financial institution to disclose to the appropriate Federal regulator the structures of all incentive-based compensation arrangements offered by such covered financial institutions sufficient to determine whether the compensation structure— (A) provides an executive officer, employee, director, or principal shareholder of the covered financial institution with excessive compensation, fees, or benefits; or (B) could lead to material financial loss to the covered financial institution. (2) **Rules of construction** — Nothing in this section shall be construed as requiring the reporting of the actual compensation of particular individuals. Nothing in this section shall be construed to require a covered financial institution that does not have an incentive-based payment arrangement to make the disclosures required under this subsection. **(b) Prohibition on certain compensation arrangements** Not later than 9 months after July 21, 2010, the appropriate Federal regulators shall jointly prescribe regulations or guidelines that prohibit any types of incentive-based payment arrangement, or any feature of any such arrangement, that the regulators determine encourages inappropriate risks by covered financial institutions— (1) by providing an executive officer, employee, director, or principal shareholder of the covered financial institution with excessive compensation, fees, or benefits; or (2) that could lead to material financial loss to the covered financial institution. **(c) Standards** The appropriate Federal regulators shall— (1) ensure that any standards for compensation established under subsections (a) or (b) are comparable to the standards established under section 1831p–1 11 See References in Text note below. of this title for insured depository institutions; and (2) in establishing such standards under such subsections, take into consideration the compensation standards described in [section 1831p–1(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1831p–1/c&num=0&edition=prelim). **(d) Enforcement** The provisions of this section and the regulations issued under this section shall be enforced under section 505 of the Gramm-Leach-Bliley Act [[15 U.S.C. 6805](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section6805&num=0&edition=prelim)] and, for purposes of such section, a violation of this section or such regulations shall be treated as a violation of subtitle A of title V of such Act [[15 U.S.C. 6801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section6801&num=0&edition=prelim) et seq.]. **(e) Definitions** As used in this section— (1) the term “appropriate Federal regulator” means the Board of Governors of the Federal Reserve System, the Office of the Comptroller of the Currency, the Board of Directors of the Federal Deposit Insurance Corporation, the Director of the Office of Thrift Supervision, the National Credit Union Administration Board, the Securities and Exchange Commission, the Federal Housing Finance Agency; and (2) the term “covered financial institution” means— (A) a depository institution or depository institution holding company, 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); (B) a broker-dealer registered under section 78o of title 15; (C) a credit union, as described in [section 461(b)(1)(A)(iv) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section461/b/1/A/iv&num=0&edition=prelim); (D) an investment advisor, as such term is defined in [section 80b–2(a)(11) of title 15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section80b–2/a/11&num=0&edition=prelim); (E) the Federal National Mortgage Association; (F) the Federal Home Loan Mortgage Corporation; and (G) any other financial institution that the appropriate Federal regulators, jointly, by rule, determine should be treated as a covered financial institution for purposes of this section. **(f) Exemption for certain financial institutions** The requirements of this section shall not apply to covered financial institutions with assets of less than $1,000,000,000.

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

12 U.S.C. § 5301 — Regulations

**(a) In general** The Secretary is authorized to promulgate regulations to implement and administer the grant programs and undertakings authorized by this subchapter. **(b) Regulatory authority** Regulations prescribed under this section may contain such classifications, differentiations, or other provisions, and may provide for such adjustments and exceptions for any class of grant programs, undertakings, or eligible entities, as, in the judgment of the Secretary, are necessary or proper to effectuate the purposes of this subchapter, to prevent circumvention or evasion of this subchapter, or to facilitate compliance with this subchapter.

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

12 U.S.C. § 2 — Comptroller of the Currency; appointment; term

The Comptroller of the Currency shall be appointed by the President, by and with the advice and consent of the Senate, and shall hold his office for a term of five years unless sooner removed by the President, upon reasons to be communicated by him to the Senate.

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

15 U.S.C. § 6805 — Enforcement

**(a) In general** Subject to subtitle B of the Consumer Financial Protection Act of 2010 [[12 U.S.C. 5511](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section5511&num=0&edition=prelim) et seq.], this subchapter and the regulations prescribed thereunder shall be enforced by the Bureau of Consumer Financial Protection, the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law, as follows: (1) Under [section 1818 of title 12](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1818&num=0&edition=prelim), by the appropriate Federal banking agency, as defined in [section 1813(q) of title 12](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1813/q&num=0&edition=prelim), in the case of— (A) national banks, Federal branches and Federal agencies of foreign banks, and any subsidiaries of such entities (except brokers, dealers, persons providing insurance, investment companies, and investment advisers); (B) member banks of the Federal Reserve System (other than national banks), branches and agencies of foreign banks (other than Federal branches, Federal agencies, and insured State branches of foreign banks), commercial lending companies owned or controlled by foreign banks, organizations operating under section 25 or 25A of the Federal Reserve Act [[12 U.S.C. 601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section601&num=0&edition=prelim) et seq., 611 et seq.], and bank holding companies and their nonbank subsidiaries or affiliates (except brokers, dealers, persons providing insurance, investment companies, and investment ad

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

12 U.S.C. § 1811 — Federal Deposit Insurance Corporation

**(a) Establishment of Corporation** There is hereby established a Federal Deposit Insurance Corporation (hereinafter referred to as the “Corporation”) which shall insure, as hereinafter provided, the deposits of all banks and savings associations which are entitled to the benefits of insurance under this chapter, and which shall have the powers hereinafter granted. **(b) Asset disposition division** (1) **Establishment** — The Corporation shall have a separate division of asset disposition. (2) **Management** — The division of asset disposition shall have an administrator who shall be appointed by the Board of Directors. (3) **Responsibilities of division** — The division of asset disposition shall carry out all of the responsibilities of the Corporation under this chapter relating to the liquidation of insured depository institutions and the disposition of assets of such institutions.

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

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

15 U.S.C. § 6801 — Protection of nonpublic personal information

**(a) Privacy obligation policy** It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers’ nonpublic personal information. **(b) Financial institutions safeguards** In furtherance of the policy in subsection (a), each agency or authority described in [section 6805(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section6805/a&num=0&edition=prelim), other than the Bureau of Consumer Financial Protection, shall establish appropriate standards for the financial institutions subject to their jurisdiction relating to administrative, technical, and physical safeguards— (1) to insure the security and confidentiality of customer records and information; (2) to protect against any anticipated threats or hazards to the security or integrity of such records; and (3) to protect against unauthorized access to or use of such records or information which could result in substantial harm or inconvenience to any customer.

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

12 U.S.C. § 5303 — Antitrust savings clause

Page 1834 TITLE 12—BANKS AND BANKING § 5302 title] may be cited as the ‘Insurance Capital Standards Clarification Act of 2014’.’’ Pub. L. 113–173, § 1, Sept. 26, 2014, 128 Stat. 1899, pro- vided that: ‘‘This Act [amending section 5514 of this title] may be cited as the ‘Examination and Super- visory Privilege Parity Act of 2014’.’’ SHORT TITLE Pub. L. 111–203, § 1(a), July 21, 2010, 124 Stat. 1376, pro- vided that: ‘‘This Act [see Tables for classification] may be cited as the ‘Dodd-Frank Wall Street Reform and Consumer Protection Act’.’’ Pub. L. 111–203, title I, § 101, July 21, 2010, 124 Stat. 1391, provided that: ‘‘This title [enacting subchapter I of this chapter and amending sections 1818, 1820, 1833b, and 3105 of this title, sections 3132 and 5314 of Title 5, Government Organization and Employees, and section 78o of Title 15, Commerce and Trade] may be cited as the ‘Financial Stability Act of 2010’.’’ Pub. L. 111–203, title III, § 300, July 21, 2010, 124 Stat. 1520, provided that: ‘‘This title [enacting subchapter III of this chapter and sections 4b and 16 of this title, amending sections 1, 11, 248, 461, 481, 482, 1438, 1462 to 1464, 1466a to 1468b, 1470, 1701c, 1701p–1, 1708, 1757, 1785, 1786, 1787, 1812, 1813, 1817, 1818, 1820, 1821, 1823, 1828, 1829, 1831e, 1831j, 1833b, 1833e, 1834, 1841, 1843, 1844, 1861, 1867, 1881, 1882, 1884, 1972, 2709, 2902, 2905, 3206 to 3208, 3332, 4515, and 4517 of this title, section 906 of Title 2, The Congress, sections 78c, 78l, 78o–5, and 78w of Title 15, Commerce and Trade, sections 212, 657, 981, 982, 1006, 1014, and 1032 of Title 18, Crimes and Criminal Proce- dure, sections 321 and 714 of Title 31, Money and Fi- nance, sections 4003 and 8105 of Title 42, The Public Health and Welfare, and section 3502

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

15 U.S.C. § 6801 — Protection of nonpublic personal informa-

Page 2289 TITLE 15—COMMERCE AND TRADE § 6801 (10) State law (A) In general The term ‘‘State law’’ includes all laws, decisions, rules, regulations, or other State action having the effect of law, of any State. (B) Laws applicable in the District of Colum- bia A law of the United States applicable only to or within the District of Columbia shall be treated as a State law rather than a law of the United States. (Pub. L. 106–102, title III, § 334, as added Pub. L. 114–1, title II, § 202(a), Jan. 12, 2015, 129 Stat. 27.) Editorial Notes PRIOR PROVISIONS Provisions similar to this section were contained in section 6766 of this title, prior to the general amend- ment of this subchapter by Pub. L. 114–1. A prior section 6764, Pub. L. 106–102, title III, § 334, Nov. 12, 1999, 113 Stat. 1433, related to coordination with other regulators, prior to the general amendment of this subchapter by Pub. L. 114–1. See section 6761 of this title. A prior section 6765, Pub. L. 106–102, title III, § 335, Nov. 12, 1999, 113 Stat. 1433, which related to judicial re- view, was omitted in the general amendment of this subchapter by Pub. L. 114–1. See section 6762 of this title. A prior section 6766, Pub. L. 106–102, title III, § 336, Nov. 12, 1999, 113 Stat. 1433, which related to definitions, was omitted in the general amendment of this sub- chapter by Pub. L. 114–1. SUBCHAPTER IV—RENTAL CAR AGENCY INSURANCE ACTIVITIES § 6781. Standard of regulation for motor vehicle rentals (a) Protection against retroactive application of regulatory and legal action Except as provided in subsection (b), during the 3-year period beginning on November 12, 1999, it shall be a presumption that no State law imposes any licensing, appointment, or edu- cation requirements on any p

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

15 U.S.C. § 6805 — Enforcement

Page 2293 TITLE 15—COMMERCE AND TRADE § 6805 1 So in original. Probably should be ‘‘and, as appropriate, with’’. (D) Rule of construction Nothing in this paragraph shall be con- strued to alter, affect, or otherwise limit the authority of a State insurance authority to adopt regulations to carry out this sub- chapter. (2) Coordination, consistency, and com- parability Each of the agencies authorized under para- graph (1) to prescribe regulations shall consult and coordinate with the other such agencies and, as appropriate, and with 1 representatives of State insurance authorities designated by the National Association of Insurance Com- missioners, for the purpose of assuring, to the extent possible, that the regulations pre- scribed by each such agency are consistent and comparable with the regulations prescribed by the other such agencies. (3) Procedures and deadline Such regulations shall be prescribed in ac- cordance with applicable requirements of title 5. (b) Authority to grant exceptions The regulations prescribed under subsection (a) may include such additional exceptions to subsections (a) through (d) of section 6802 of this title as are deemed consistent with the purposes of this subchapter. (Pub. L. 106–102, title V, § 504, Nov. 12, 1999, 113 Stat. 1439; Pub. L. 111–203, title X, § 1093(3), July 21, 2010, 124 Stat. 2095.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in subsecs. (a)(1) and (b), was in the original ‘‘this subtitle’’, meaning subtitle A (§§ 501–510) of title V of Pub. L. 106–102, Nov. 12, 1999, 113 Stat. 1436, which is classified principally to this sub- chapter. For complete classification of subtitle A to the Code, see Tables. The Consumer Financial Protection Act of 2010, re- ferred to in

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