(a) Authority. This part (Regulation VV) is issued by the Board
under section 13 of the Bank Holding Company Act of 1956, as amended
(12 U.S.C. 1851), as well as under the Federal Reserve Act, as amended
(12 U.S.C. 221 et seq.); section 8 of the Federal Deposit Insurance
Act, as amended (12 U.S.C. 1818); the Bank Holding Company Act of
1956, as amended (12 U.S.C. 1841 et seq.); and the International
Banking Act of 1978, as amended (12 U.S.C. 3101 et seq.).
(b) Purpose. Section
13 of the Bank Holding Company Act establishes prohibitions and restrictions
on proprietary trading and on investments in or relationships with
covered funds by certain banking entities, including state member
banks, bank holding companies, savings and loan holding companies,
other companies that control an insured depository institution, foreign
banking organizations, and certain subsidiaries thereof. This part
implements section 13 of the Bank Holding Company Act by defining
terms used in the statute and related terms, establishing prohibitions
and restrictions on proprietary trading and on investments in or relationships
with covered funds, and explaining the statute's requirements.
(c) Scope. This part implements section 13 of the Bank Holding Company Act
with respect to banking entities for which the Board is authorized
to issue regulations under section 13(b)(2) of the Bank Holding Company
Act (12 U.S.C. 1851(b)(2)) and take actions under section 13(e) of
that Act (12 U.S.C. 1851(e)). These include any state bank that is
a member of the Federal Reserve System, any company that controls
an insured depository institution (including a bank holding company
and savings and loan holding company), any company that is treated
as a bank holding company for purposes of section 8 of the International
Banking Act (12 U.S.C. 3106), and any subsidiary of the foregoing
other than a subsidiary for which the OCC, FDIC, CFTC, or SEC is the
primary financial regulatory agency (as defined in section 2(12) of
the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010
(12 U.S.C. 5301(12)), but do not include such entities to the extent
they are not within the definition of banking entity in section 248.2(c).
(d) Relationship to other
authorities. Except as otherwise provided under section 13 of
the BHC Act or this part, and notwithstanding any other provision
of law, the prohibitions and restrictions under section 13 of BHC
Act and this part shall apply to the activities of a banking entity,
even if such activities are authorized for the banking entity under
other applicable provisions of law.
(e) Preservation of authority. Nothing in this
part limits in any way the authority of the Board to impose on a banking
entity identified in paragraph (c) of this section additional requirements
or restrictions with respect to any activity, investment, or relationship
covered under section 13 of the Bank Holding Company Act or this part,
or additional penalties for violation of this part provided under
any other applicable provision of law.