§ 80b-10a. — Consultation.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC80b-10a]
TITLE 15--COMMERCE AND TRADE
CHAPTER 2D--INVESTMENT COMPANIES AND ADVISERS
SUBCHAPTER II--INVESTMENT ADVISERS
Sec. 80b-10a. Consultation
(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;
(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 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.
(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, 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 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.
(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.)
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.
