---
kind: "section"
citation: "12 C.F.R. § 223.52"
title: "12"
number: "223.52"
heading: "What transactions with affiliates or others must comply with section 23B's market terms requirement?"
url: "https://uscodex.org/cfr/12/223.52"
---

# §223.52. What transactions with affiliates or others must comply with section 23B's market terms requirement?

- (a) The market terms requirement of [§ 223.51](/cfr/12/223.51.md) applies to the following transactions:
  - (1) Any covered transaction with an affiliate, unless the transaction is exempt under [paragraphs (a) through (c)](/cfr/12/223.41.md?p=a..c) of § 223.41 or paragraphs [(a) through (e)](/cfr/12/223.42.md?p=a..e) or [(h) through (j)](/cfr/12/223.42.md?p=h..j) of § 223.42;
  - (2) The sale of a security or other asset to an affiliate, including an asset subject to an agreement to repurchase;
  - (3) The payment of money or the furnishing of a service to an affiliate under contract, lease, or otherwise;
  - (4) Any transaction in which an affiliate acts as an agent or broker or receives a fee for its services to the member bank or to any other person; and
  - (5) **Any transaction or series of transactions with a nonaffiliate, if an affiliate—**
    - (i) Has a financial interest in the nonaffiliate; or
    - (ii) **Is a participant in the transaction or series of transactions.**
- (b) For the purpose of this section, any transaction by a member bank with any person will be deemed to be a transaction with an affiliate of the member bank if any of the proceeds of the transaction are used for the benefit of, or transferred to, the affiliate.

## Notes

### Authority

Authority: 12 U.S.C. 371c(b)(1)(E), (b)(2)(A), and (f), 371c-1(e), 1828(j), 1468(a), and section 312(b)(2)(A) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5412).

### Source

Source: 67 FR 76604, Dec. 12, 2002, unless otherwise noted.