§ 1866. — Services to nonstockholders or nonmembers.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 12USC1866]
TITLE 12--BANKS AND BANKING
CHAPTER 18--BANK SERVICE COMPANIES
Sec. 1866. Services to nonstockholders or nonmembers
No bank service company shall unreasonably discriminate in the
provision of any services authorized under this chapter to any
depository institution that does not own stock in or is not a member of
the service company on the basis of the fact that such depository
institution is in competition with an institution that owns stock in or
is a member of the bank service company, except that--
(1) it shall not be considered unreasonable discrimination for a
bank service company to provide services to a nonstockholding or
nonmember institution only at a price that fully reflects all of the
costs of offering those services, including the cost of capital and
a reasonable return thereon; and
(2) a bank service company may refuse to provide services to a
nonstockholding or nonmember institution if comparable services are
available from another source at competitive overall costs, or if
the providing of services would be beyond the practical capacity of
the service company.
(Pub. L. 87-856, Sec. 6, Oct. 23, 1962, as added Pub. L. 97-320, title
VII, Sec. 709, Oct. 15, 1982, 96 Stat. 1543; amended Pub. L. 104-208,
div. A, title II, Sec. 2613(g), Sept. 30, 1996, 110 Stat. 3009-478.)
Amendments
1996--Pub. L. 104-208, Sec. 2613(g)(1)-(4), (6), in section
catchline, inserted ``or nonmembers'' after ``nonstockholders'', and in
introductory provisions of text, substituted ``company'' for
``corporation'' wherever appearing and ``such depository institution''
for ``the nonstockholding institution'' and inserted ``or is not a
member of'' after ``does not own stock in'' and ``or is a member of''
after ``that owns stock in''.
Pars. (1), (2). Pub. L. 104-208, Sec. 2613(g)(1), (5), substituted
``company'' for ``corporation'' wherever appearing and inserted ``or
nonmember'' after ``nonstockholding''.