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7/25/24, 10:52 AM

FRB: Press Release--Request for comments on proposed official interpretation on anti-tying restrictions, amendment to Regulatio…

Release Date: August 25, 2003
For immediate release
The Federal Reserve Board on Monday requested public comment on an official
interpretation of the anti-tying restrictions in section 106 of the Bank Holding Company Act
Amendments of 1970 and related supervisory guidance.
Section 106 generally prohibits a bank from conditioning the availability or price of one
product on a requirement that the customer also obtain another product from the bank or an
affiliate. The Board's proposed interpretation of section 106 provides banking organizations
and their customers a comprehensive guide to the special anti-tying restrictions applicable to
banks under section 106. The related supervisory guidance describes the types of policies
and procedures that should help banks ensure and monitor their compliance with section
106.
The Board also proposed to adopt an exception under section 106 for the financial
subsidiaries of state nonmember banks. The exception would treat financial subsidiaries of
state nonmember banks, like financial subsidiaries of national and state member banks
under current law, as an affiliate (and not a subsidiary) of the parent bank for purposes of
section 106.
The proposed interpretation, supervisory guidance and financial subsidiary exception will be
published in the Federal Register. Comment is requested by September 30, 2003.
The Board's notices relating to these actions are attached.
Attachment (329 KB PDF)
Attachment (46 KB PDF)
2003 Banking and consumer regulatory policy
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Last update: August 25, 2003

https://www.federalreserve.gov/boarddocs/press/bcreg/2003/20030825/default.htm

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