(a) Authority. The Board of Governors of the Federal Reserve System (Board) has
issued this part (Regulation W) under the authority of sections 23A(f)
and 23B(e) of the Federal Reserve Act (FRA) (12 U.S.C. 371c(f), 371c-1(e))
section 11 of the Home Owners’ Loan Act (12 U.S.C. 1468), and section
312(b)(2)(A) of the Dodd-Frank Wall Street Reform and Consumer Protection
Act (12 U.S.C. 5412).
(b) Purpose. Sections 23A and 23B of the Federal Reserve Act (12 U.S.C. 371c,
371c-1) establish certain quantitative limits and other prudential
requirements for loans, purchases of assets, and certain other transactions
between a member bank and its affiliates. This regulation implements
sections 23A and 23B by defining terms used in the statute, explaining
the statute’s requirements, and exempting certain transactions.
(c) Scope. Sections
23A and 23B and this regulation apply by their terms to “member banks”—that
is, any national bank, state bank, trust company, or other institution
that is a member of the Federal Reserve System. In addition, the Federal
Deposit Insurance Act (12 U.S.C. 1828(j)) applies sections 23A and
23B to insured state nonmember banks in the same manner and to the
same extent as if they were member banks. The Home Owners’ Loan Act
(12 U.S.C. 1468(a)) also applies sections 23A and 23B to insured savings
associations in the same manner and to the same extent as if they
were member banks (and imposes two additional restrictions).