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12 U.S.C. § 5303 — Antitrust savings clause
Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied 2024 U.S. Code historical extraction · 12 U.S.C. § 5303
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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 of Title 44, Public
Printing and Documents, repealing section 1441a of this
title, enacting provisions set out as notes under sec-
tions 1, 16, 1438, 1787, 1812, 1817, and 1821 of this title and
section 906 of Title 2, and amending provisions set out
as notes under sections 1437, 1463, 1464, 1467a, 1707, 1812,
and 1818 of this title and section 509 of Title 28, Judici-
ary and Judicial Procedure] may be cited as the ‘En-
hancing Financial Institution Safety and Soundness
Act of 2010’.’’
Pub. L. 111–203, title VIII, § 801, July 21, 2010, 124 Stat.
1802, provided that: ‘‘This title [enacting subchapter IV
of this chapter] may be cited as the ‘Payment, Clear-
ing, and Settlement Supervision Act of 2010’.’’
Pub. L. 111–203, title X, § 1001, July 21, 2010, 124 Stat.
1955, provided that: ‘‘This title [see Tables for classi-
fication] may be cited as the ‘Consumer Financial Pro-
tection Act of 2010’.’’
Pub. L. 111–203, title XII, § 1201, July 21, 2010, 124 Stat.
2129, provided that: ‘‘This title [enacting subchapter
VII of this chapter and section 4719 of this title] may
be cited as the ‘Improving Access to Mainstream Fi-
nancial Institutions Act of 2010’.’’
Executive Documents
EXECUTIVE ORDER NO. 13772
Ex. Ord. No. 13772, Feb. 3, 2017, 82 F.R. 9965, which set
out Core Principles for regulating the United States fi-
nancial system, was revoked by Ex. Ord. No. 14018, § 1,
Feb. 24, 2021, 86 F.R. 11855.
§ 5302. Severability
If any provision of this Act, an amendment
made by this Act, or the application of such pro-
vision or amendment to any person or cir-
cumstance is held to be unconstitutional, the re-
mainder of this Act, the amendments made by
this Act, and the application of the provisions of
such to any person or circumstance shall not be
affected thereby.
(Pub. L. 111–203, § 3, July 21, 2010, 124 Stat. 1390.)
Editorial Notes
REFERENCES IN TEXT
This Act, referred to in text, is Pub. L. 111–203, July
21, 2010, 124 Stat. 1376, known as the Dodd-Frank Wall
Street Reform and Consumer Protection Act, which en-
acted this chapter and chapters 108 (§ 8201 et seq.) and
109 (§ 8301 et seq.) of Title 15, Commerce and Trade, and
enacted, amended, and repealed numerous other sec-
tions and notes in the Code. For complete classification
of this Act to the Code, see Short Title note set out
under section 5301 of this title and Tables.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective 1 day after July 21, 2010, except as
otherwise provided, see section 4 of Pub. L. 111–203, set
out as a note under section 5301 of this title.
§ 5303. Antitrust savings clause
Nothing in this Act, or any amendment made
by this Act, shall be construed to modify, im-
pair, or supersede the operation of any of the
antitrust laws, unless otherwise specified. For
purposes of this section, the term ‘‘antitrust
laws’’ has the same meaning as in subsection (a)
of section 12 of title 15, except that such term
includes section 45 of title 15, to the extent that
such section 45 applies to unfair methods of
competition.
(Pub. L. 111–203, § 6, July 21, 2010, 124 Stat. 1390.)
Editorial Notes
REFERENCES IN TEXT
This Act, referred to in text, is Pub. L. 111–203, July
21, 2010, 124 Stat. 1376, known as the Dodd-Frank Wall
Street Reform and Consumer Protection Act, which en-
acted this chapter and chapters 108 (§ 8201 et seq.) and
109 (§ 8301 et seq.) of Title 15, Commerce and Trade, and
enacted, amended, and repealed numerous other sec-
tions and notes in the Code. For complete classification
of this Act to the Code, see Short Title note set out
under section 5301 of this title and Tables.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective 1 day after July 21, 2010, except as
otherwise provided, see section 4 of Pub. L. 111–203, set
out as a note under section 5301 of this title.
SUBCHAPTER I—FINANCIAL STABILITY
§ 5311. Definitions
(a) In general
For purposes of this subchapter, unless the
context otherwise requires, the following defini-
tions shall apply:
(1) Bank holding company
The term ‘‘bank holding company’’ has the
same meaning as in section 2 of the Bank
Holding Company Act of 1956 (12 U.S.C. 1841). A
foreign bank or company that is treated as a
bank holding company for purposes of the
Bank Holding Company Act of 1956 [12 U.S.C.
1841 et seq.], pursuant to section 3106(a) of this
title, shall be treated as a bank holding com-
pany for purposes of this subchapter.
(2) Chairperson
The term ‘‘Chairperson’’ means the Chair-
person of the Council.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Except as provided in paragraph (5) of this subsection, “bank holding company” means any company which has control over any bank or over any company that is or becomes a bank holding company by virtue of this chapter.
(2) Any company has control over a bank or over any company if—
(A) the company directly or indirectly or acting through one or more other persons owns, controls, or has power to vote 25 per centum or more of any class of voting securities of the bank or company;
(B) the company controls in any manner the election of a majority of the directors or trustees of the bank or company; or
(C) the Board determines, after notice and opportunity for hearing, that the company directly or indirectly exercises a controlling influence over the management or policies of the bank or company.
(3) For the purposes of any proceeding under paragraph (2)(C) of this subsection, there is a presumption that any company which directly or indirectly owns, controls, or has power to vote less than 5 per centum of any class of voting securities of a given bank or company does not have control over that bank or company.
(4) In any administrative or judicial proceeding under this chapter, other than a proceeding under paragraph (2)(C) of this subsection, a company may not be held to have had control over any given bank or company at any given time unless that company, at the time in question, directly or indirectly owned, controlled, or had power to vote 5 per centum or more of any class of voting securities of the bank or company, or had already been found to have control in a proceeding under paragraph (2)(C).
(5) Notwithstanding any other provision of this subsection—
(A) No bank and no company owning or controlling voting shares of a bank is a bank hold
Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 1841
Stored review status: release_metadata_unconfirmed. The source passage cites 12 U.S.C. § 1841. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 1216
TITLE 12—BANKS AND BANKING
§ 1841
Sec.
1842.
Acquisition of bank shares or assets.
1843.
Interests in nonbanking organizations.
1844.
Administration.
1845.
Repealed.
1846.
Reservation of rights to States.
1847.
Penalties.
1848.
Judicial review.
1848a.
Repealed.
1849.
Saving provision.
1850.
Acquisition of subsidiary and tying arrange-
ment: Federal Reserve Board proceedings;
application for authorization; competitor as
party in interest and person aggrieved; judi-
cial review.
1850a.
Securities holding companies.
1851.
Prohibitions on proprietary trading and cer-
tain relationships with hedge funds and pri-
vate equity funds.
1852.
Concentration limits on large financial firms.
§ 1841. Definitions
(a)(1) Except as provided in paragraph (5) of
this subsection, ‘‘bank holding company’’ means
any company which has control over any bank
or over any company that is or becomes a bank
holding company by virtue of this chapter.
(2) Any company has control over a bank or
over any company if—
(A) the company directly or indirectly or
acting through one or more other persons
owns, controls, or has power to vote 25 per
centum or more of any class of voting securi-
ties of the bank or company;
(B) the company controls in any manner the
election of a majority of the directors or
trustees of the bank or company; or
(C) the Board determines, after notice and
opportunity for hearing, that the company di-
rectly or indirectly exercises a controlling in-
fluence over the management or policies of the
bank or company.
(3) For the purposes of any proceeding under
paragraph (2)(C) of this subsection, there is a
presumption that any company which directly
or indirectly owns, controls, or has power to
vote less than 5 per centum of any
Source: Supplied 2024 U.S. Code historical extraction · 12 U.S.C. § 1841
Stored review status: historical_2024_not_currentness_verified. The source passage cites 12 U.S.C. § 1841. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 5303
Stored review status: release_metadata_unconfirmed. Same stored citation; legal effect and authority still require review.