Sec. 38A. SOURCE OF STRENGTH
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/statute-compilations/comps-265/sec-38aA research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## SEC. 38A SOURCE OF STRENGTH **[**[12 U.S.C. 1831o–1](/us/usc/t12/s1831o–1)**]** ###
(a)Holding Companies The appropriate Federal banking agency for a bank holding company or savings and loan holding company shall require the bank holding company or savings and loan holding company to serve as a source of financial strength for any subsidiary of the bank holding company or savings and loan holding company that is a depository institution. ###
(b)Other Companies If an insured depository institution is not the subsidiary of a bank holding company or savings and loan holding company, the appropriate Federal banking agency for the insured depository institution shall require any company that directly or indirectly controls the insured depository institution to serve as a source of financial strength for such institution. ###
(c)Authority of State Insurance Regulator ####
(1)In general The provisions of section 5(g) of the Bank Holding Company Act of 1956 (12 U.S.C. 1844(g)) shall apply to a savings and loan holding company that is an insurance company, an affiliate of an insured depository institution that is an insurance company, and to any other company that is an insurance company and that directly or indirectly controls an insured depository institution, to the same extent as the provisions of that section apply to a bank holding company that is an insurance company. ####
(2)Rule of construction Requiring a bank holding company that is an insurance company, a savings and loan holding company that is an insurance company, an affiliate of an insured depository institution that is an insurance company, or any other company that is an insurance company and that directly or indirectly controls an insured depository institution to serve as a source of financial strength under this section shall be deemed an action of the Board that requires a bank holding company to provide funds or other assets to a subsidiary depository institution for purposes of section 5(g) of the Bank Holding Company Act of 1956 (12 U.S.C. 1844(g)). ###
(d)Reports The appropriate Federal banking agency for an insured depository institution described in subsection
(b)may, from time to time, require the company, or a company that directly or indirectly controls the insured depository institution, to submit a report, under oath, for the purposes of— ####
(1)assessing the ability of such company to comply with the requirement under subsection (b); and ####
(2)enforcing the compliance of such company with the requirement under subsection (b). ###
(e)Rules Not later than 1 year after the transfer date, as defined in section 311 of the Enhancing Financial Institution Safety and Soundness Act of 2010, the appropriate Federal banking agencies shall jointly issue final rules to carry out this section. ###
(f)Definition In this section, the term “**source of financial strength**” means the ability of a company that directly or indirectly owns or controls an insured depository institution to provide financial assistance to such insured depository institution in the event of the financial distress of the insured depository institution.
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- 12 USC 1831o–1
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