Sec. 3. Safe harbor for depository institutions
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/bill/118/s/2860/is/section-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A Federal banking regulator may not— terminate or limit the deposit insurance or share insurance of a depository institution under the Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.) or the Federal Credit Union Act (12 U.S.C. 1751 et seq.) or take any other adverse action against a depository institution under the Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.) or the Federal Credit Union Act (12 U.S.C. 1751 et seq.) solely because the depository institution provides or has provided financial services to a State-sanctioned marijuana business or service provider; prohibit a depository institution from providing, or penalize a depository institution for providing, financial services to— a State-sanctioned marijuana business or service provider solely because the business or service provider is a State-sanctioned marijuana business or service provider; or a State, an Indian Tribe, or a political subdivision of a State solely because that entity exercises jurisdiction over State-sanctioned marijuana businesses; recommend, incentivize, or encourage a depository institution not to offer financial services to an account holder, or to downgrade or cancel the financial services offered to an account holder, solely because— the account holder is a State-sanctioned marijuana business or service provider, or is an employee, owner, or operator of a State-sanctioned marijuana business or service provider; the account holder later becomes an employee, owner, or operator of a State-sanctioned marijuana business or service provider; or the depository institution was not aware, after conducting sufficient risk-based customer due diligence in accordance with applicable requirements, that the account holder is an employee, owner, or operator of a State-sanctioned marijuana business or service provider; take any adverse or corrective supervisory action on a loan made to— a State-sanctioned marijuana business or service provider, solely because the business is a State-sanctioned marijuana business or service provider; an employee, owner, or operator of a State-sanctioned marijuana business or service provider, solely because the employee, owner, or operator is employed by, owns, or operates a State-sanctioned marijuana business or service provider, as applicable; or an owner or operator of real estate or equipment that is leased to a State-sanctioned marijuana business or service provider, solely because the owner or operator of the real estate or equipment leased the equipment or real estate to a State-sanctioned marijuana business or service provider, as applicable; or prohibit a depository institution (or entity performing a financial service for or in association with a depository institution) from, or penalize a depository institution (or entity performing a financial service for or in association with a depository institution) for, engaging in a financial service for a State-sanctioned marijuana business or service provider solely because the business or service provider is a State-sanctioned marijuana business or service provider.
Subsection
(a)shall apply to an institution applying for a depository institution charter to the same extent as such subsection applies to a depository institution.
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