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12 USC § 5363 - Acquisitions

---
identifier: "/us/usc/t12/s5363"
source: "usc"
legal_status: "official_prima_facie"
title: "12 USC § 5363 - Acquisitions"
title_number: 12
title_name: "BANKS AND BANKING"
section_number: "5363"
section_name: "Acquisitions"
chapter_number: 53
chapter_name: "WALL STREET REFORM AND CONSUMER PROTECTION"
subchapter_number: "I"
subchapter_name: "FINANCIAL STABILITY"
part_number: "C"
part_name: "Additional Board of Governors Authority for Certain Nonbank Financial Companies and Bank Holding Companies"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 111–203, title I, § 163, July 21, 2010, 124 Stat. 1422; Pub. L. 115–174, title IV, § 401(c)(1)(E), May 24, 2018, 132 Stat. 1358.)"
---

# § 5363. Acquisitions

**(a)** **Acquisitions of banks; treatment as a bank holding company** section 1842 of this title

For purposes of , a nonbank financial company supervised by the Board of Governors shall be deemed to be, and shall be treated as, a bank holding company.

**(b)** **Acquisition of nonbank companies**

**(1)** **Prior notice for large acquisitions** section 1843(k)(6)(B) of this titlesection 1843(k) of this title

Notwithstanding , a bank holding company with total consolidated assets equal to or greater than $250,000,000,000 or a nonbank financial company supervised by the Board of Governors shall not acquire direct or indirect ownership or control of any voting shares of any company (other than an insured depository institution) that is engaged in activities described in  having total consolidated assets of $10,000,000,000 or more, without providing written notice to the Board of Governors in advance of the transaction.

**(2)** **Exemptions** section 1843(c) of this titlesection 1843(k)(4)(E) of this title

The prior notice requirement in paragraph (1) shall not apply with regard to the acquisition of shares that would qualify for the exemptions in  or .

**(3)** **Notice procedures** section 1843(j)(1) of this titlesection 1843(j)(3) of this titlesection 1843(k) of this title

The notice procedures set forth in , without regard to , shall apply to an acquisition of any company (other than an insured depository institution) by a bank holding company with total consolidated assets equal to or greater than $250,000,000,000 or a nonbank financial company supervised by the Board of Governors, as described in paragraph (1), including any such company engaged in activities described in .

**(4)** **Standards for review** section 1843(j)(2) of this title

In addition to the standards provided in , the Board of Governors shall consider the extent to which the proposed acquisition would result in greater or more concentrated risks to global or United States financial stability or the United States economy.

**(5)** **Hart-Scott-Rodino filing requirement** section 18a(c)(8) of title 15

Solely for purposes of , the transactions subject to the requirements of paragraph (1) shall be treated as if Board of Governors approval is not required.

---

**Source Credit**: (Pub. L. 111–203, title I, § 163, July 21, 2010, 124 Stat. 1422; Pub. L. 115–174, title IV, § 401(c)(1)(E), May 24, 2018, 132 Stat. 1358.)

## Editorial Notes

### Amendments

2018—Subsec. (b)(1), (3).  substituted “$250,000,000,000” for “$50,000,000,000”.

## Statutory Notes and Related Subsidiaries

### Effective Date of 2018 Amendment

Except as otherwise provided, amendment by  effective 18 months after , see , set out as a note under .

### Construction of 2018 Amendment

For construction of amendment by  as applied to certain foreign banking organizations, see , set out as a note under .