Examination of investment companies

12 U.S.C. § 1820a

• Title: 12 — Banks and Banking
• Chapter: 16 — FEDERAL DEPOSIT INSURANCE CORPORATION

Text

(a) Exclusive Commission authority
Except as provided in subsection (c), a Federal banking agency may not inspect or examine any registered investment company that is not a bank holding company or a savings and loan holding company.
(b) Examination results and other information
The Commission shall provide to any Federal banking agency, upon request, the results of any examination, reports, records, or other information with respect to any registered investment company to the extent necessary for the agency to carry out its statutory responsibilities.
(c) Certain examinations authorized
Nothing in this section shall prevent the Corporation, if the Corporation finds it necessary to determine the condition of an insured depository institution for insurance purposes, from examining an affiliate of any insured depository institution, pursuant to its authority under section 1820(b)(4) of this title, as may be necessary to disclose fully the relationship between the insured depository institution and the affiliate, and the effect of such relationship on the insured depository institution.
(d) Definitions
For purposes of this section, the following definitions shall apply:
The term "bank holding company" has the meaning given the term in section 1841 of this title.
The term "Commission" means the Securities and Exchange Commission.
The term "Corporation" means the Federal Deposit Insurance Corporation.
The term "Federal banking agency" has the meaning given the term in section 1813(z) of this title.
The term "insured depository institution" has the meaning given the term in section 1813(c) of this title.
The term "registered investment company" means an investment company that is registered with the Commission under the Investment Company Act of 1940 [15 U.S.C. 80a–1 et seq.].
The term "savings and loan holding company" has the meaning given the term in section 1467a(a)(1)(D) of this title.

History

(Pub. L. 106–102, title I, §115, Nov. 12, 1999, 113 Stat. 1371.)

Editorial Notes

Editorial Notes

References in Text
The Investment Company Act of 1940, referred to in subsec. (d)(6), is title I of act Aug. 22, 1940, ch. 686, 54 Stat. 789, which is classified generally to subchapter I (§80a–1 et seq.) of chapter 2D of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see section 80a–51 of Title 15 and Tables.

Codification
Section was enacted as part of the Gramm-Leach-Bliley Act, and not as part of the Federal Deposit Insurance Act which comprises this chapter.

Statutory Notes and Related Subsidiaries

Effective Date
Section effective 120 days after Nov. 12, 1999, see section 161 of Pub. L. 106–102, set out as an Effective Date of 1999 Amendment note under section 24 of this title.