CITE
15 USC Sec. 80b-10a 01/05/2009
EXPCITE
TITLE 15 - COMMERCE AND TRADE
CHAPTER 2D - INVESTMENT COMPANIES AND ADVISERS
SUBCHAPTER II - INVESTMENT ADVISERS
HEAD
Sec. 80b-10a. Consultation
STATUTE
(a) Examination results and other information
(1) The appropriate Federal banking agency shall provide the
Commission upon request the results of any examination, reports,
records, or other information to which such agency may have access -
(A) with respect to the investment advisory activities of any -
(i) bank holding company or savings and loan holding company;
(ii) bank; or
(iii) separately identifiable department or division of a
bank,
that is registered under section 80b-3 of this title; and
(B) in the case of a bank holding company or savings and loan
holding company or bank that has a subsidiary or a separately
identifiable department or division registered under that
section, with respect to the investment advisory activities of
such bank or bank holding company or savings and loan holding
company.
(2) The Commission shall provide to the appropriate Federal
banking agency upon request the results of any examination,
reports, records, or other information with respect to the
investment advisory activities of any bank holding company or
savings and loan holding company, bank, or separately identifiable
department or division of a bank, which is registered under section
80b-3 of this title.
(3) Notwithstanding any other provision of law, the Commission
and the appropriate Federal banking agencies shall not be compelled
to disclose any information provided under paragraph (1) or (2).
Nothing in this paragraph shall authorize the Commission or such
agencies to withhold information from Congress, or prevent the
Commission or such agencies from complying with a request for
information from any other Federal department or agency or any self-
regulatory organization requesting the information for purposes
within the scope of its jurisdiction, or complying with an order of
a court of the United States in an action brought by the United
States, the Commission, or such agencies. For purposes of section
552 of title 5, this paragraph shall be considered a statute
described in subsection (b)(3)(B) of such section 552.
(b) Effect on other authority
Nothing in this section shall limit in any respect the authority
of the appropriate Federal banking agency with respect to such bank
holding company or savings and loan holding company (or affiliates
or subsidiaries thereof), bank, or subsidiary, department, or
division or a bank under any other provision of law.
(c) Definition
For purposes of this section, the term "appropriate Federal
banking agency" shall have the same meaning as given in section
1813 of title 12.
SOURCE
(Aug. 22, 1940, ch. 686, title II, Sec. 210A, as added Pub. L. 106-
102, title II, Sec. 220, Nov. 12, 1999, 113 Stat. 1400; Pub. L.
109-351, title IV, Sec. 401(b)(2), Oct. 13, 2006, 120 Stat. 1973.)
AMENDMENTS
2006 - Subsecs. (a), (b). Pub. L. 109-351 substituted "bank
holding company or savings and loan holding company" for "bank
holding company" wherever appearing.
EFFECTIVE DATE
Section effective 18 months after Nov. 12, 1999, see section 225
of Pub. L. 106-102, set out as an Effective Date of 1999 Amendment
note under section 77c of this title.