§ 1831a.
(d)
Subsidiaries of insured State banks
(1)
In general
After the end of the 1-year period beginning on December 19, 1991, a subsidiary of an insured State bank may not engage as principal in any type of activity that is not permissible for a subsidiary of a national bank unless—
(A)
the Corporation has determined that the activity poses no significant risk to the Deposit Insurance Fund; and
(B)
the bank is, and continues to be, in compliance with applicable capital standards prescribed by the appropriate Federal banking agency.
(2)
Insurance underwriting prohibited
(A)
Prohibition
Notwithstanding paragraph (1), no subsidiary of an insured State bank may engage in insurance underwriting except to the extent such activities are permissible for national banks.
(B)
Continuation of existing activities
Notwithstanding subparagraph (A), a well-capitalized insured State bank or any of its subsidiaries that was lawfully providing insurance as principal in a State on November 21, 1991, may continue to provide, as principal, insurance of the same type to residents of the State (including companies or partnerships incorporated in, organized under the laws of, licensed to do business in, or having an office in the State, but only on behalf of their employees resident in or property located in the State), individuals employed in the State, and any other person to whom the bank or subsidiary has provided insurance as principal, without interruption, since such person resided in or was employed in such State.
(C)
Exception
Subparagraph (A) does not apply to a subsidiary of an insured State bank if—
(i)
the insured State bank was required, before June 1, 1991, to provide title insurance as a condition of the bank’s initial chartering under State law; and
(ii)
control of the insured State bank has not changed since that date.
(3)
Processing period
(A)
In general
The Corporation shall make a determination under paragraph (1)(A) not later than 60 days after receipt of a completed application that may be required under this subsection.
(B)
Extension of time period
The Corporation may extend the 60-day period referred to in subparagraph (A) for not more than 30 additional days, and shall notify the applicant of any such extension.
(e)
Savings bank life insurance
(1)
In general
No provision of this chapter shall be construed as prohibiting or impairing the sale or underwriting of savings bank life insurance, or the ownership of stock in a savings bank life insurance company, by any insured bank which—
(A)
is located in the Commonwealth of Massachusetts or the State of New York or Connecticut; and
(B)
meets applicable consumer disclosure requirements with respect to such insurance.
(2)
FDIC finding and action regarding risk
(A)
Finding
Before the end of the 1-year period beginning on December 19, 1991, the Corporation shall make a finding whether savings bank life insurance activities of insured banks pose or may pose any significant risk to the Deposit Insurance Fund.
(B)
Actions
(i)
In general
The Corporation shall, pursuant to any finding made under subparagraph (A), take appropriate actions to address any risk that exists or may subsequently develop with respect to insured banks described in paragraph (1)(A).
(ii)
Authorized actions
Actions the Corporation may take under this subparagraph include requiring the modification, suspension, or termination of insurance activities conducted by any insured bank if the Corporation finds that the activities pose a significant risk to any insured bank described in paragraph (1)(A) or to the Deposit Insurance Fund.
(f)
Common and preferred stock investment
(1)
In general
An insured State bank shall not acquire or retain, directly or indirectly, any equity investment of a type or in an amount that is not permissible for a national bank or is not otherwise permitted under this section.
(2)
Exception for banks in certain States
Notwithstanding paragraph (1), an insured State bank may, to the extent permitted by the Corporation, acquire and retain ownership of securities described in paragraph (1) to the extent the aggregate amount of such investment does not exceed an amount equal to 100 percent of the bank’s capital if such bank—
(A)
is located in a State that permitted, as of
September 30, 1991, investment in common or preferred stock listed on a national securities exchange or shares of an investment company registered under the Investment Company Act of 1940 [
15 U.S.C. 80a–1 et seq.]; and
(B)
made or maintained an investment in such securities during the period beginning on September 30, 1990, and ending on November 26, 1991.
(3)
Exception for certain types of institutions
Notwithstanding paragraph (1), an insured State bank may—
(A)
acquire not more than 10 percent of a corporation that only—
(i)
provides directors’, trustees’, and officers’ liability insurance coverage or bankers’ blanket bond group insurance coverage for insured depository institutions; or
(ii)
reinsures such policies; and
(B)
acquire or retain shares of a depository institution if—
(i)
the institution engages only in activities permissible for national banks;
(ii)
the institution is subject to examination and regulation by a State bank supervisor;
(iii)
20 or more depository institutions own shares of the institution and none of those institutions owns more than 15 percent of the institution’s shares; and
(iv)
the institution’s shares (other than directors’ qualifying shares or shares held under or initially acquired through a plan established for the benefit of the institution’s officers and employees) are owned only by the institution.
(4)
Transition period for common and preferred stock investments
(A)
In general
During each year in the 3-year period beginning on December 19, 1991, each insured State bank shall reduce by not less than 1/3 of its shares (as of December 19, 1991) the bank’s ownership of securities in excess of the amount equal to 100 percent of the capital of such bank.
(B)
Compliance at end of period
By the end of the 3-year period referred to in subparagraph (A), each insured State bank and each subsidiary of a State bank shall be in compliance with the maximum amount limitations on investments referred to in paragraph (1).
(5)
Loss of exception upon acquisition
Any exception applicable under paragraph (2) with respect to any insured State bank shall cease to apply with respect to such bank upon any change in control of such bank or any conversion of the charter of such bank.
(6)
Notice and approval
An insured State bank may only engage in any investment pursuant to paragraph (2) if—
(A)
the bank has filed a 1-time notice of the bank’s intention to acquire and retain investments described in paragraph (1); and
(B)
the Corporation has determined, within 60 days of receiving such notice, that acquiring or retaining such investments does not pose a significant risk to the Deposit Insurance Fund.
(7)
Divestiture
(A)
In general
The Corporation may require divestiture by an insured State bank of any investment permitted under this subsection if the Corporation determines that such investment will have an adverse effect on the safety and soundness of the bank.
(B)
Reasonable standard
The Corporation shall not require divestiture by any bank pursuant to subparagraph (A) without reason to believe that such investment will have an adverse effect on the safety and soundness of the bank.
([Sept. 21, 1950, ch. 967, § 2][24], as added [Pub. L. 102–242, title III, § 303(a)], Dec. 19, 1991, [105 Stat. 2349]; amended [Pub. L. 102–550, title XVI, § 1605(a)(8)], Oct. 28, 1992, [106 Stat. 4086]; [Pub. L. 103–328, title I, § 102(b)(3)(B)], Sept. 29, 1994, [108 Stat. 2351]; [Pub. L. 104–208, div. A, title II], §§ 2217, 2704(d)(14)(W), Sept. 30, 1996, [110 Stat. 3009–414], 3009–494; [Pub. L. 105–24, § 2(a)], July 3, 1997, [111 Stat. 238]; [Pub. L. 109–171, title II, § 2102(b)], Feb. 8, 2006, [120 Stat. 9]; [Pub. L. 109–173, § 8(a)(31)], Feb. 15, 2006, [119 Stat. 3615].)