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Code · BILL · 115th Congress · H.R. 10 (Referred in Senate) — To create hope and opportunity for investors, consumers, and entrepreneurs by ending bailouts and Too Big to Fail, ho... · Sec. 602

Sec. 602. Regulatory relief

619 words·~3 min read·/bill/115/hr/10/rfs/section-602

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A qualifying banking organization shall be exempt from the following: Any Federal law, rule, or regulation addressing capital or liquidity requirements or standards. Any Federal law, rule, or regulation that permits an appropriate Federal banking agency to object to a capital distribution. Any consideration by an appropriate Federal banking agency of the following: Any risk the qualifying banking organization may pose to the stability of the financial system of the United States , under section 5(c)(2) of the Bank Holding Company Act of 1956.
The extent to which a proposed acquisition, merger, or consolidation would result in greater or more concentrated risks to the stability of the United States banking or financial system , under section 3(c)(7) of the Bank Holding Company Act of 1956, so long as the banking organization, after such proposed acquisition, merger, or consolidation, would maintain a quarterly leverage ratio of at least 10 percent. Whether the performance of an activity by the banking organization could possibly pose a risk to the stability of the United States banking or financial system , under section 4(j)(2)(A) of the Bank Holding Company Act of 1956.
Whether the acquisition of control of shares of a company engaged in an activity described in section 4(j)(1)(A) of the Bank Holding Company Act of 1956 could possibly pose a risk to the stability of the United States banking or financial system , under section 4(j)(2)(A) of the Bank Holding Company Act of 1956, so long as the banking organization, after acquiring control of such company, would maintain a quarterly leverage ratio of at least 10 percent. Whether a merger would pose a risk to the stability of the United States banking or financial system , under section 18(c)(5) of the Federal Deposit Insurance Act, so long as the banking organization, after such proposed merger, would maintain a quarterly leverage ratio of at least 10 percent.
Any risk the qualifying banking organization may pose to the stability of the financial system of the United States , under section 10(b)(4) of the Home Owners' Loan Act. Subsections (i)(8) and (k)(6)(B)(ii) of section 4 and section 14 of the Bank Holding Company Act of 1956. Section 18(c)(13) of the Federal Deposit Insurance Act. Section 163 of the Financial Stability Act of 2010. Section 10(e)(2)(E) of the Home Owners’ Loan Act. Any Federal law, rule, or regulation implementing standards of the type provided for in subsections (b), (c), (d), (e), (g), (h), (i), and
(j)of section 165 of the Financial Stability Act of 2010. Any Federal law, rule, or regulation providing limitations on mergers, consolidations, or acquisitions of assets or control, to the extent such limitations relate to capital or liquidity standards or concentrations of deposits or assets, so long as the banking organization, after such proposed merger, consolidation, or acquisition, would maintain a quarterly leverage ratio of at least 10 percent. A qualifying banking organization shall be deemed to be well capitalized for purposes of— section 216 of the Federal Credit Union Act; and sections 29, 38, 44, and 46 of the Federal Deposit Insurance Act. A qualifying banking organization shall be deemed to meet the criteria described under section 4(j)(4)(D) of the Bank Holding Company Act of 1956, so long as after the proposed transaction the acquiring qualifying banking organization would maintain a quarterly leverage ratio of at least 10 percent. With respect to a qualifying banking organization, in determining whether a proposal qualifies with the criteria described under subparagraphs (A)(iii) and (B)(i) of section 4(j)(4) of the Bank Holding Company Act of 1956, the Board of Governors of the Federal Reserve System shall consider the leverage exposure of an insured depository institution instead of the total risk-weighted assets of such institution.
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