FEDERAL · 12 U.S.C. · Chapter 17

Reservation of rights to States

12 U.S.C. § 1846
Title12Banks and Banking
Chapter17 — BANK HOLDING COMPANIES

This text of 12 U.S.C. § 1846 (Reservation of rights to States) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
12 U.S.C. § 1846.

Text

(a)In general No provision of this chapter shall be construed as preventing any State from exercising such powers and jurisdiction which it now has or may hereafter have with respect to companies, banks, bank holding companies, and subsidiaries thereof.
(b)State taxation authority not affected No provision of this chapter shall be construed as affecting the authority of any State or political subdivision of any State to adopt, apply, or administer any tax or method of taxation to any bank, bank holding company, or foreign bank, or any affiliate of any bank, bank holding company, or foreign bank, to the extent that such tax or tax method is otherwise permissible by or under the Constitution of the United States or other Federal law.

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Related

Lewis v. BT Investment Managers, Inc.
447 U.S. 27 (Supreme Court, 1980)
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Whitney National Bank in Jefferson Parish v. Bank of New Orleans & Trust Co.
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United Jersey Banks v. Parell
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277 S.E.2d 613 (West Virginia Supreme Court, 1981)
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Whitney National Bank v. Bank of New Orleans & Trust Co.
323 F.2d 290 (D.C. Circuit, 1963)
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Central Bank of Clayton v. State Banking Board of Missouri
509 S.W.2d 175 (Missouri Court of Appeals, 1974)
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BT Investment Managers, Inc. v. Lewis
559 F.2d 950 (Fifth Circuit, 1977)
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264 P.3d 989 (Supreme Court of Kansas, 2011)
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American Trust Co. v. South Carolina State Board of Bank Control
381 F. Supp. 313 (D. South Carolina, 1974)
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Owensboro National Bank v. Stephens
44 F.3d 388 (Sixth Circuit, 1994)
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Bank of New Orleans & Trust Co. v. Saxon
211 F. Supp. 576 (District of Columbia, 1962)
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Marion National Bank of Marion v. Saxon
261 F. Supp. 373 (N.D. Indiana, 1966)
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Owensboro National Bank v. Moore
803 F. Supp. 24 (E.D. Kentucky, 1992)
7 case citations

Source Credit

History

(May 9, 1956, ch. 240, §7, 70 Stat. 138; Pub. L. 100–86, title I, §101(f), Aug. 10, 1987, 101 Stat. 563; Pub. L. 103–328, title I, §101(b), Sept. 29, 1994, 108 Stat. 2341.)

Editorial Notes

Editorial Notes

Amendments
1994—Pub. L. 103–328 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
1987—Pub. L. 100–86 substituted "No provision of this chapter shall" for "The enactment by the Congress of this chapter shall not" and inserted "companies," before "banks,".

Statutory Notes and Related Subsidiaries

Effective Date of 1994 Amendment
Amendment by Pub. L. 103–328 effective at end of 1-year period beginning on Sept. 29, 1994, see section 101(e) of Pub. L. 103–328, set out as a note under section 1828 of this title.

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12 U.S.C. § 1846, Counsel Stack Legal Research, https://law.counselstack.com/usc/12/1846.