I would highly suggest you sit down with your corporate counsel and discuss this situation. It is far beyond the scope and far too important of a question to rely on free input.
Does Reg O Apply to a Foreign Bank?
I work for a foreign bank that has branches in the US, with only one insured deposits branch. Does Regulation O apply to a foreign bank as it does to a domestic branch? Section § 215.1(b) reads: (b) Purpose and scope--(1) This part governs any extension of credit made by a member bank to an executive officer, director, or principal shareholder of the member bank, of any company of which the member bank is a subsidiary, and of any other subsidiary of that company. (2) This part also applies to any extension of credit made by a member bank to a company controlled by such a person, or to a political or campaign committee that benefits or is controlled by such a person. (3) This part also implements the reporting requirements of 12 U.S.C. 1817(k) concerning extensions of credit by a member bank to its executive officers or principal shareholders (or to the related interests of such persons). (4) Extensions of credit made to an executive officer, director, or principal shareholder of a bank (or to a related interest of such person) by a correspondent bank also are subject to restrictions set forth in 12 U.S.C. 1972(2). And member bank is defined as: (j) Member bank means any banking institution that is a member of the Federal Reserve System, including any subsidiary of a member bank. The term does not include any foreign bank that maintains a branch in the United States, whether or not the branch is insured (within the meaning of 12 U.S.C. 1813(s)) and regardless of the operation of 12 U.S.C. 1813(h) and 12 U.S.C. 1828(j)(3)(B). However, section 12 U.S.C. 1828(j)(3)(B) reads: (B) EXTENSIONS OF CREDIT TO OFFICERS, DIRECTORS, AND PRINCIPAL SHAREHOLDERS.--Paragraph (2) shall not apply with respect to a foreign bank solely because the foreign bank has an insured branch, but shall apply with respect to the insured branch. And I assume this last part applies to Reg W, right? Will Reg O apply to the bank or not, or partially?
First published on 11/22/2020