(a) If a bank acquires or retains an equity interest in a foreign organization that acts as a futures commission merchant pursuant to § 347.105(b)(16), the foreign organization may not be a member of an exchange or clearing association that requires members to guarantee or otherwise contract to cover losses suffered by other members unless the:
(1) Foreign organization's liability does not exceed two percent of the bank's Tier 1 capital, or
(2) Bank has obtained the prior approval of the FDIC under § 347.120(d).
(b) [Reserved]
authority: 12 U.S.C. 1813,
1815,
1817,
1819,
1820,
1828,
3103,
3104,
3105,
3108,
3109; Pub L. No. 111-203, section 939A, 124 Stat. 1376, 1887 (July 21, 2010) (codified
15 U.S.C. 78o-7 note)
source: 70 FR 17560, Apr. 6, 2005, unless otherwise noted.
cite as: 12 CFR 347.112