12 U.S.C. § 1846

Current through P.L. 118-47 (published on www.congress.gov on 03/23/2024)
Section 1846 - Reservation of rights to States
(a) In general

No provision of this chapter shall be construed as preventing any State from exercising such powers and jurisdiction which it now has or may hereafter have with respect to companies, banks, bank holding companies, and subsidiaries thereof.

(b) State taxation authority not affected

No provision of this chapter shall be construed as affecting the authority of any State or political subdivision of any State to adopt, apply, or administer any tax or method of taxation to any bank, bank holding company, or foreign bank, or any affiliate of any bank, bank holding company, or foreign bank, to the extent that such tax or tax method is otherwise permissible by or under the Constitution of the United States or other Federal law.

12 U.S.C. § 1846

May 9, 1956, ch. 240, §7, 70 Stat. 138; Pub. L. 100-86, title I, §101(f), Aug. 10, 1987, 101 Stat. 563; Pub. L. 103-328, title I, §101(b), Sept. 29, 1994, 108 Stat. 2341.

EDITORIAL NOTES

AMENDMENTS1994- Pub. L. 103-328 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).1987- Pub. L. 100-86 substituted "No provision of this chapter shall" for "The enactment by the Congress of this chapter shall not" and inserted "companies," before "banks,".

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103-328 effective at end of 1-year period beginning on Sept. 29, 1994, see section 101(e) of Pub. L. 103-328 set out as a note under section 1828 of this title.

State
The term "State" means any State, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, American Samoa, or the United States Virgin Islands or any federally recognized Indian tribe, as defined by the Secretary of the Interior under section 5131(a) of title 25.
affiliate
The term "affiliate" means any person that controls, is controlled by, or is under common control with another person.