# § 3107. Representative offices
**(a)** **Prior approval to establish representative offices**
**(1)** **In general** No foreign bank may establish a representative office without the prior approval of the Board.
**(2)** **Standards for approval** section 3105(d)(2) of this title
In acting on any application under this paragraph to establish a representative office, the Board shall take into account the standards contained in and may impose any additional requirements that the Board determines to be necessary to carry out the purposes of this chapter.
**(b)** **Termination of representative offices** section 3105(e) of this title
The Board may order the termination of the activities of a representative office of a foreign bank on the basis of the standards, procedures, and requirements applicable under with respect to branches and agencies.
**(c)** **Examinations** 12 U.S.C. 1841
The Board may make examinations of each representative office of a foreign bank, the cost of which shall be assessed against and paid by such foreign bank. The Board may also make examinations of any affiliate of a foreign bank conducting business in any State if the Board deems it necessary to determine and enforce compliance with this chapter, the Bank Holding Company Act of 1956 [ et seq.], or other applicable Federal banking law.
**(d)** **Compliance with State law** This chapter does not authorize the establishment of a representative office in any State in contravention of State law.
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**Source Credit**: (Pub. L. 95–369, § 10, Sept. 17, 1978, 92 Stat. 624; Pub. L. 102–242, title II, § 204, Dec. 19, 1991, 105 Stat. 2292; Pub. L. 102–550, title XVI, § 1604(a)(4), Oct. 28, 1992, 106 Stat. 4082; Pub. L. 106–102, title I, § 142(b), Nov. 12, 1999, 113 Stat. 1384.)
## Editorial Notes
### References in Text
For definition of “this chapter”, referred to in subsecs. (a)(2), (c), and (d), see References in Text note set out under .
The Bank Holding Company Act of 1956, referred to in subsec. (c), is , , which is classified principally to chapter 17 (§ 1841 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
### Amendments
1999—Subsec. (c). inserted at end “The Board may also make examinations of any affiliate of a foreign bank conducting business in any State if the Board deems it necessary to determine and enforce compliance with this chapter, the Bank Holding Company Act of 1956, or other applicable Federal banking law.”
1992—Subsec. (b). substituted “” for “paragraphs (1), (2), and (3) of ”.
1991— amended section generally. Prior to amendment, section read as follows:
“(a) Any foreign bank that maintains an office other than a branch or agency in any State shall register with the Secretary of the Treasury in accordance with rules prescribed by him, within one hundred and eighty days after , or the date on which the office is established, whichever is later.
“(b) This chapter does not authorize the establishment of any such office in any State in contravention of State law.”
## Statutory Notes and Related Subsidiaries
### Effective Date of 1999 Amendment
Amendment by effective 120 days after , see , set out as a note under .
### Effective Date of 1992 Amendment
Amendment by effective as if included in the Federal Deposit Insurance Corporation Improvement Act of 1991, , as of , see , set out as a note under .
### Moratorium on Examination Fees Under This Chapter
> “The provision of section 10(c) of the International Banking Act of 1978 [
>
> ] relating to the cost of examinations under such section shall not apply with respect to any examination under such section which begins before or during the 3-year period beginning on
>
> .”
, , , provided that: