---
kind: "range"
citation: "12 C.F.R. §§ 347.105–347.109"
title: "12"
from: "347.105"
to: "347.109"
count: 5
url: "https://uscodex.org/cfr/12/347.105..347.109"
---

# §347.105. Permissible financial activities outside the United States.

- (a) **Limitation on authorized activities.** A bank may not directly or indirectly acquire or hold equity interests in a foreign organization that will result in the bank and its affiliates:
  - (1) Holding more than 50 percent, in the aggregate, of the voting equity interest in such foreign organization; or
  - (2) Controlling such foreign organization, unless the activities of a foreign organization are limited to those authorized under [paragraph (b)](#b) of this section.
- (b) **Authorized activities.** The following financial activities are authorized outside the United States:
  - (1) **Commercial and other banking activities.**
  - (2) Financing, including commercial financing, consumer financing, mortgage banking, and factoring, subject to compliance with any attendant restrictions contained in [12 CFR 225.28(b)](/cfr/12/225.28.md?p=b).
  - (3) Leasing real or personal property, acting as agent, broker or advisor in leasing real or personal property, subject to compliance with any attendant restrictions in [12 CFR 225.28(b)](/cfr/12/225.28.md?p=b).
  - (4) Acting as a fiduciary, subject to compliance with any attendant restrictions in [12 CFR 225.28(b)](/cfr/12/225.28.md?p=b).
  - (5) **Underwriting credit life, credit accident and credit health insurance.**
  - (6) Performing services for other direct or indirect operations of a domestic banking organization, including representative functions, sale of long-term debt, name saving, liquidating assets acquired to prevent loss on a debt previously contracted in good faith, and other activities that are permissible for a bank holding company under sections [4(a)(2)(A)](/cfr/12/4.md?p=a-2-A) and [4(c)(1)(C)](/cfr/12/4.md?p=c-1-C) of the Bank Holding Company Act.
  - (7) Holding the premises of a branch of an Edge corporation or insured state nonmember bank or the premises of a direct or indirect subsidiary, or holding or leasing the residence of an officer or employee of a branch or a subsidiary.
  - (8) Providing investment, financial, or economic services, subject to compliance with any attendant restrictions in [12 CFR 225.28(b)](/cfr/12/225.28.md?p=b).
  - (9) **General insurance agency and brokerage.**
  - (10) **Data processing.**
  - (11) Organizing, sponsoring, and managing a mutual fund if the fund's shares are not sold or distributed in the United States or to U.S. residents and the fund does not exercise management control over the firms in which it invests.
  - (12) Performing management consulting services, provided that such services when rendered with respect to the domestic market must be restricted to the initial entry.
  - (13) **Underwriting, distributing, and dealing in debt securities outside the United States.**
  - (14) With the prior approval of the FDIC under [section 347.119(d)](/cfr/12/347.119.md?p=d), underwriting, distributing, and dealing in equity securities outside the United States.
  - (15) Operating a travel agency in connection with financial services offered outside the United States by the bank or others.
  - (16) Providing futures commission merchant services, subject to compliance with any attendant restrictions in [12 CFR 225.28(b)](/cfr/12/225.28.md?p=b).
  - (17) Engaging in activities that the FRB has determined in Regulation Y ([12 CFR 225.28(b)](/cfr/12/225.28.md?p=b)) are closely related to banking under [section 4(c)(8)](/cfr/12/4.md?p=c-8) of the Bank Holding Company Act.
  - (18) **Engaging in other activities, with the prior approval of the FDIC.**
- (c) **Limitation on activities authorized under Regulation Y.** If a bank relies solely on the cross-reference to Regulation Y contained in [paragraph (b)(17)](#b-17) of this section as authority to engage in an activity, compliance with any attendant restrictions on the activity that are contained in [12 CFR 225.28(b)](/cfr/12/225.28.md?p=b) is required.
- (d) **Approval of other activities.** Activities that are not specifically authorized by this section, but that are authorized by [12 CFR 211.10](/cfr/12/211.10.md) or FRB interpretations of activities authorized by that section, may be authorized by specific consent of the FDIC on an individual basis and upon such terms and conditions as the FDIC may consider appropriate. Activities that will be engaged in as principal (defined by reference to [section 362.1(b)](/cfr/12/362.1.md?p=b) of this chapter), and that are not authorized by [12 CFR 211.10](/cfr/12/211.10.md) or FRB interpretations of activities authorized under that section, must satisfy the requirements of [part 362](/cfr/12/part362.md) of this chapter and be approved by the FDIC under this part as well as [part 362](/cfr/12/part362.md) of this chapter.

# §347.106. Going concerns.


Going concerns. If a bank acquires an equity interest in a foreign organization that is a going concern, no more than 5 percent of either the consolidated assets or revenues of the foreign organization may be attributable to activities that are not permissible under [§ 347.105(b)](/cfr/12/347.105.md?p=b).


# §347.107. Joint ventures.

- (a) **Joint ventures.** If a bank, directly or indirectly, acquires or holds an equity interest in a foreign organization that is a joint venture, and the bank or its affiliates do not control the foreign organization, no more than 10 percent of either the consolidated assets or revenues of the foreign organization may be attributable to activities that are not permissible under [§ 347.105(b)](/cfr/12/347.105.md?p=b).
- (b) **Joint venture defined.** For purposes of this section, the term “joint venture” means any organization in which 20 percent or more but not in excess of 50 percent of the voting equity interests, in the aggregate, are directly or indirectly held by a bank or its affiliates.

# §347.108. Portfolio investments.

- (a) **Portfolio investments.** If a bank, directly or indirectly, acquires or holds an equity interest in a foreign organization as a portfolio investment and the foreign organization is not controlled, directly or indirectly, by the bank or its affiliates:
  - (1) No more than 10 percent of either the consolidated assets or revenues of the foreign organization may be attributable to activities that are not permissible under [§ 347.105(b)](/cfr/12/347.105.md?p=b); and
  - (2) Any loans or extensions of credit made by the bank and its affiliates to the foreign organization must be on substantially the same terms, including interest rates and collateral, as those prevailing at the same time for comparable transactions between the bank or its affiliates and nonaffiliated organizations.
- (b) **Portfolio investment defined.** For purposes of this section, the term “portfolio investment” means an investment in an organization in which less than 20 percent of the voting equity interests, in the aggregate, are directly or indirectly held by a bank or its affiliates.

# §347.109. Limitations on indirect investments in nonfinancial foreign organizations.

- (a) A bank may, through a subsidiary authorized by §§ [347.105](/cfr/12/347.105.md) or [347.106](/cfr/12/347.106.md), or an Edge corporation if also authorized by the FRB, acquire and hold equity interests in foreign organizations that are not foreign banks or foreign banking organizations and that engage generally in activities beyond those listed in [§ 347.105(b)](/cfr/12/347.105.md?p=b), subject to the following:
  - (1) The amount of the investment does not exceed 15 percent of the bank's Tier 1 capital;
  - (2) The aggregate holding of voting equity interests of one foreign organization by the bank and its affiliates must be less than:
    - (i) 20 percent of the foreign organization's voting equity interests; and
    - (ii) 40 percent of the foreign organization's voting and nonvoting equity interests;
- (b) The bank or its affiliates must not otherwise control the foreign organization; and
- (c) Loans or extensions of credit made by the bank and its affiliates to the foreign organization must be on substantially the same terms, including interest rates and collateral, as those prevailing at the same time for comparable transactions between the bank or its affiliates and nonaffiliated organizations.