- adequately capitalized
means a level of capitalization which meets or exceeds all applicable Federal regulatory capital standards.
- affiliate
means any company that controls, is controlled by, or is under common control with another company.
- antitrust laws
means the Act of July 2, 1890 (the Sherman Antitrust Act), the Act of October 15, 1914 (the Clayton Act), and any other Acts in pari materia.
- associated person of a securities holding company
means a person directly or indirectly controlling, controlled by, or under common control with, a securities holding company;
- bank
means any of the following:
- bank holding company
means any company which has control over any bank or over any company that is or becomes a bank holding company by virtue of this chapter.
- banking entity
means any insured depository institution (as defined in section 1813 of this title), any company that controls an insured depository institution, or that is treated as a bank holding company for purposes of section 8 of the International Banking Act of 1978, and any affiliate or subsidiary of any such entity.
- Board
means the Board of Governors of the Federal Reserve System.
- branch
means a domestic branch (as defined in section 3 of the Federal Deposit Insurance Act [12 U.S.C. 1813]).
- Company
means any corporation, partnership, business trust, association, or similar organization, or any other trust unless by its terms it must terminate within twenty-five years or not later than twenty-one years and ten months after the death of individuals living on the effective date of the trust but shall not include any corporation the majority of the shares of which are owned by the United States or by any State, and shall not include a qualified family partnership.
- Company covered in 1970
means a company which becomes a bank holding company as a result of the enactment of the Bank Holding Company Act Amendments of 1970 and which would have been a bank holding company on June 30, 1968, if those amendments had been enacted on that date.
- Council
means the Financial Stability Oversight Council;
- deposit
has the same meaning as in section 1813(l) of this title.
- export trade services
includes, but is not limited to, consulting, international market research, advertising, marketing, insurance (other than acting as principal, agent or broker in the sale of insurance on risks resident or located, or activities performed, in the United States, except for insurance covering the transportation of cargo from any point of origin in the United States to a point of final destination outside the United States), product research and design, legal assistance, transportation, including trade documentation and freight forwarding, communication and processing of foreign orders to and for exporters and foreign purchasers, warehousing, foreign exchange, financing, and taking title to goods, when provided in order to facilitate the export of goods or services produced in the United States;
- export trading company
means a company which does business under the laws of the United States or any State, which is exclusively engaged in activities related to international trade, and which is organized and operated principally for purposes of exporting goods or services produced in the United States or for purposes of facilitating the exportation of goods or services produced in the United States by unaffiliated persons by providing one or more export trade services.3
- financial company
means—
- financial holding company
means a bank holding company that meets the requirements of section 1843(l)(1) of this title.
- foreign bank
has the same meaning as in section 3101(7) of this title;
- functionally regulated subsidiary
means any company—
- hedge fund
means any fund identified under subsection (h)(2), and does not include a private equity fund, as such term is used in section 80b–3(m) of title 15.
- home State
means—
- host State
means—
- illiquid fund
means a hedge fund or private equity fund that—
- insurance company
includes any person engaged in the business of insurance to the extent of such activities.
- insured bank
has the same meaning as in section 1813 of this title;
- insured depository institution
includes any branch or agency operated in the United States by a foreign bank.
- insured institution
means—
- lead insured depository institution
means the largest insured depository institution controlled by the subject bank holding company at any time, based on a comparison of the average total risk-weighted assets controlled by each insured depository institution during the previous 12-month period.
- liabilities
means—
- nonbank financial company supervised by the Board
means a nonbank financial company supervised by the Board of Governors, as defined in section 5311 of this title.
- out-of-State bank
means, with respect to any State, a bank whose home State is another State.
- out-of-State bank holding company
means, with respect to any State, a bank holding company whose home State is another State.
- qualified family partnership
means a general or limited partnership that the Board determines—
- qualified savings association
means any savings association that—
- savings bank holding company
means any company which controls one or more qualified savings banks if the aggregate total assets of such savings banks constitute, upon formation of the holding company and at all times thereafter, at least 70 percent of the total assets of such company.
- section 2(h)(2) company
means any company whose shares are held pursuant to this paragraph.
- supervised securities holding company
means a securities holding company that is supervised by the Board of Governors under this section;
- thrift institution
means—
- trading account
means any account used for acquiring or taking positions in the securities and instruments described in paragraph (4) principally for the purpose of selling in the near term (or otherwise with the intent to resell in order to profit from short-term price movements), and any such other accounts as the appropriate Federal banking agencies, the Securities and Exchange Commission, and the Commodity Futures Trading Commission may, by rule as provided in subsection (b)(2), determine.
- violate
includes any action (alone or with another or others) for or toward causing, bringing about, participating in, counseling, or aiding or abetting a violation.
- well managed
means—