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12 U.S.C. § 1828b — Interagency data sharing

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

12 U.S.C. § 1828b — Interagency data sharing

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Stable record: federal_law:legal_authorities:record_usc_def16c9a660e347092d855b3
Source file: Laws/federal/codes/united-states-code/title-12/section-1828b-interagency-data-sharing--54329e4512.md
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Source location: Title 12, Chapter 16, § 1828b; chapter-016-federal-deposit-insurance-corporation.md

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**(a) In general** To the extent not prohibited by other law, the Comptroller of the Currency, the Director of the Office of Thrift Supervision, the Federal Deposit Insurance Corporation, and the Board of Governors of the Federal Reserve System shall make available to the Attorney General and the Federal Trade Commission any data in the possession of any such banking agency that the antitrust agency deems necessary for antitrust review of any transaction requiring notice to any such antitrust agency or the approval of such agency under section 1842 or 1843 of this title, [section 1828(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1828/c&num=0&edition=prelim), the National Bank Consolidation and Merger Act [[12 U.S.C. 215](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section215&num=0&edition=prelim) et seq.], [section 1467a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1467a&num=0&edition=prelim), or the antitrust laws. **(b) Confidentiality requirements** (1) **In general** — Any information or material obtained by any agency pursuant to subsection (a) shall be treated as confidential. (2) **Procedures for disclosure** — If any information or material obtained by any agency pursuant to subsection (a) is proposed to be disclosed to a third party, written notice of such disclosure shall first be provided to the agency from which such information or material was obtained and an opportunity shall be given to such agency to oppose or limit the proposed disclosure. (3) **Other privileges not waived by disclosure under this section** — The provision by any Federal agency of any information or material pursuant to subsection (a) to another agency shall not constitute a waiver, or otherwise affect, any privilege any agency or person may claim with respect to such information under Federal or State law. (4) **Exception** — No provision of this section shall be construed as preventing or limiting access to any information by any duly authorized committee of the Congress or the Comptroller General of the United States. **(c) Banking agency information sharing** The provisions of subsection (b) shall apply to— (1) any information or material obtained by any Federal banking agency (as defined in [section 1813(z) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1813/z&num=0&edition=prelim)) from any other Federal banking agency; and (2) any report of examination or other confidential supervisory information obtained by any State agency or authority, or any other person, from a Federal banking agency.

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

12 U.S.C. § 215 — Consolidation of banks within same State

**(a) In general** Any national bank or any bank incorporated under the laws of any State may, with the approval of the Comptroller, be consolidated with one or more national banking associations located in the same State under the charter of a national banking association on such terms and conditions as may be lawfully agreed upon by a majority of the board of directors of each association or bank proposing to consolidate, and be ratified and confirmed by the affirmative vote of the shareholders of each such association or bank owning at least two-thirds of its capital stock outstanding, or by a greater proportion of such capital stock in the case of such State bank if the laws of the State where it is organized so require, at a meeting to be held on the call of the directors after publishing notice of the time, place, and object of the meeting for four consecutive weeks in a newspaper of general circulation published in the place where the association or bank is located, or, if there is no such newspaper, then in the paper of general circulation published nearest thereto, and after sending such notice to each shareholder of record by certified or registered mail at least ten days prior to the meeting, except to those shareholders who specifically waive notice, but any additional notice shall be given to the shareholders of such State bank which may be required by the laws of the State where it is organized. Publication of notice may be waived, in cases where the Comptroller determines that an emergency exists justifying such waiver, by unanimous action of the shareholders of the association or State bank. **(b) Liability of consolidated association; capital stock; dissenting shareholders** The consolidated association shall be liable for all liabilities of the respec

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

12 U.S.C. § 1467a — Regulation of holding companies

**(a) Definitions** (1) **In general** — As used in this section, unless the context otherwise requires— (A) *Savings association* — The term “savings association” includes a savings bank or cooperative bank which is deemed by the appropriate Federal banking agency to be a savings association under subsection (l). (B) *Uninsured institution* — The term “uninsured institution” means any depository institution the deposits of which are not insured by the Federal Deposit Insurance Corporation. (C) *Company* — The term “company” means any corporation, partnership, trust, joint-stock company, or similar organization, but does not include the Federal Deposit Insurance Corporation, the Resolution Trust Corporation, any Federal home loan bank, or any company the majority of the shares of which is owned by the United States or any State, or by an instrumentality of the United States or any State. (D) *Savings and loan holding company* (i) *In general* — Except as provided in clause (ii), the term “savings and loan holding company” means any company that directly or indirectly controls a savings association or that controls any other company that is a savings and loan holding company. (ii) *Exclusion* — The term “savings and loan holding company” does not include— (I) a bank holding company that is registered under, and subject to, the Bank Holding Company Act of 1956 ([12 U.S.C. 1841](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1841&num=0&edition=prelim) et seq.), or to any company directly or indirectly controlled by such company (other than a savings association); (II) a company that controls a savings association that functions solely in a trust or fiduciary capacity as described in section 2(c)(2)(D) of the

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

12 U.S.C. § 24 — Corporate powers of associations

Upon duly making and filing articles of association and an organization certificate a national banking association shall become, as from the date of the execution of its organization certificate, a body corporate, and as such, and in the name designated in the organization certificate, it shall have power—

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

12 U.S.C. § 1828b — Interagency data sharing

Page 1130 TITLE 12—BANKS AND BANKING § 1828b 81, 83 to 86, 90, 91, 93, 93a, 94, 141 to 144, 161, 164, 181, 182, 192 to 194, 196, 215c, 481 to 485, 501, 541, 548, and 582 of this title. See, also, sections 8, 333, 334, 475, 656, 709, 1004, and 1005 of Title 18, Crimes and Criminal Proce- dure. For complete classification of R.S. §§ 5133 to 5244 to the Code, see Tables. The Bank Holding Company Act of 1956, referred to in subsec. (b)(2)(A), (4)(A), is act May 9, 1956, ch. 240, 70 Stat. 133, which is classified principally to chapter 17 (§ 1841 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1841 of this title and Tables. The Federal Reserve Act, referred to in subsec. (b)(2)(A), (4)(A), is act Dec. 23, 1913, ch. 6, 38 Stat. 251, which is classified principally to chapter 3 (§ 221 et seq.) of this title. For complete classification of this Act to the Code, see References in Text note set out under sec- tion 226 of this title and Tables. The Federal Deposit Insurance Act, referred to in subsec. (c)(1)(A), is act Sept. 21, 1950, ch. 967, § 2, 64 Stat. 873, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1811 of this title and Tables. CODIFICATION Section was enacted as part of the Gramm-Leach-Bli- ley Act, and not as part of the Federal Deposit Insur- ance Act which comprises this chapter. AMENDMENTS 2006—Subsecs. (a)(1)(B), (b)(2)(B), (4)(B), (c)(1)(B). Pub. L. 109–173 substituted ‘‘the Deposit Insurance Fund’’ for ‘‘any Federal deposit insurance fund’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2006 AMENDMENT Amendment by Pub. L. 109–173 effective Mar. 31, 2006,

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

12 U.S.C. § 215 — Consolidation of banks within same State

Page 74 TITLE 12—BANKS AND BANKING § 214c automatically terminate when its conversion into or its merger or consolidation with a State bank under a State charter is consummated and the resulting State bank shall be considered the same business and corporate entity as the na- tional banking association, although as to rights, powers, and duties the resulting bank is a State bank. Any reference to such national banking association in any contract, will, or document shall be considered a reference to the State bank if not inconsistent with the provi- sions of the contract, will, or document or appli- cable law. (Aug. 17, 1950, ch. 729, § 3, 64 Stat. 456.) § 214c. Conversions in contravention of State law No conversion of a national banking associa- tion into a State bank or its merger or consoli- dation with a State bank shall take place under this subchapter and section 321 of this title in contravention of the law of the State in which the national banking association is located; and no such conversion, merger, or consolidation shall take place under said sections unless under the law of the State in which such national banking association is located State banks may without approval by any State authority con- vert into and merge or consolidate with national banking associations under limitations or condi- tions no more restrictive than those contained in section 214a of this title with respect to the conversion of a national bank into, or merger or consolidation of a national bank with, a State bank under State charter. (Aug. 17, 1950, ch. 729, § 4, 64 Stat. 456; July 12, 1952, ch. 696, 66 Stat. 590; Sept. 3, 1954, ch. 1263, § 25, 68 Stat. 1235.) Editorial Notes AMENDMENTS 1954—Act Sept. 3, 1954, substituted ‘‘this subchapter and section

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