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.
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