BILLS TO PROVIDE FOR THE CONTROL AND REGULATION DIVESTMENT OF NONBANKING ASSETS, Printed for the use of the Committee on Banking and Currency HBP 11 بر Arthur, Harry, president, Arthur State Bank, Union, S. C. Boyles, George R., chairman, committee on Federal legislation, accompanied by Carroll A. Gunderson, deputy manager, American Brumbaugh, D. Emmert, president, Independent Bankers Association Bryan, W. J., first vice president, Independent Bankers Association.. Cook, H. Earl, Chairman, Board of Directors; accompanied by Edward C. Tefft, Chief, Division of Liquidation; and J. H. Russell, Counsel, Federal Deposit Insurance Corporation___ Gregory, William L., chairman, committee on legislation, Independent Bankers Association of America Harding, Harry J., president, Independent Bankers Association of the Jennings, L. A., Deputy Comptroller of the Currency; and Trevor V. Lacy, L. D., Oklahoma City, Okla.; Edwin B. Jones, Jr., Tulsa, Okla.: Martin, William McC., Chairman, and J. L. Robertson, member, Board of Governors, Federal Reserve System. Steele, Walton W., vice president, Baltimore Bank of Kansas City, Letters, memorandums, statements, etc., submitted for the record by- Adams, Orval W., executive vice president, First National Bank, Bone, Myron Q., Fort Wayne, Ind., vice president, American Indus- California Bankers Association: Letter and resolution_ Comptroller of the Currency: Comments on bill drafted by Governor Banking offices and deposits of 34 holding company groups. Bill drafted by Governor Robertson__ Comparison of proposed bank holding legislation_ State laws relating to bank holding companies and affiliates of Views of Board on bank holding legislation.. Follett, Edward F., State bank commissioner, State of Louisiana: Louisiana Bankers Association: Letter and resolution.. Marett, V. S., president, Gonzales State Bank, Gonzales, Tex.: Letter Letters, memorandums, statements, etc.-Continued Melchior, Hugo, executive vice president, Dubois County State Bank, Thurston, W. P., cashier, Citizens State Bank, Manilla, Ind.: Letter to chairman__. BANK HOLDING LEGISLATION WEDNESDAY, JUNE 10, 1953 UNITED STATES SENATE, COMMITTEE ON BANKING AND CURRENCY, Washington, D. C. The committee met, pursuant to notice, at 10 a. m., in room 301, Senate Office Building, Senator Homer E. Capehart, chairman, presiding. Present: Senators Capehart, Bricker, Bennett, Bush, Payne, Goldwater, and Lehman. The CHAIRMAN. The committee will please come to order. The bills we are considering, S. 76 and S. 1118, will be inserted in the record for the information of the committee, together with a sectional analysis of each. (S. 76 and S. 1118 and the sectional analyses follow :) [S. 76, 83d Cong., 1st sess.] A BILL To define bank holding companies, control their future expansion, and to require the divestment of nonbanking assets Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Bank Holding Company Act of 1953." SEC. 2 DEFINITIONS.-(a) "Bank holding company" means any corporation, business trust, partnership, association, or other similar organization which at any time after April 15, 1953, owns or controls, directly or indirectly, 50 per centum or more of the shares of an insured bank (as defined in section 12B (c) (8) of the Federal Reserve Act) or 50 per centum or more of the shares voted for the election of directors of an insured bank at the preceding election, or controls in any manner the election of a majority of the directors of an insured bank, or for the benefit of whose shareholders or members more than 50 per centum of the shares of an insured bank is held by trustees at any time after April 15, 1953; or a successor to any such organization. Notwithstanding the foregoing, the term "bank holding company" shall not include any mutual savings bank, the Federal Deposit Insurance Corporation, or any corporation all of the stock of which is owned by the United States, or any organization which does not own or control more than 5 per centum of the voting shares of more than two banks and is determined by the Board of Governors of the Federal Reserve System not to be engaged directly or indirectly as a business in managing or controlling one or more banks; and no bank shall be a bank holding company by virtue of the ownership or control of shares in a fiduciary capacity, except where such shares are held for the benefit of all or a majority of the persons beneficially interested in such bank. (b) The term "successor" shall include any organization which acquires from a bank holding company stock of an insured bank, when and if the relationship between the organization and the bank holding company is such that the transaction effects no substantial change in the control or beneficial ownership of such stock. The Board of Governors of the Federal Reserve System may, by regulation, further define the term "successor" to the extent necessary to prevent evasion of the purposes of this Act. SEC. 3. No bank holding company shall, while it owns or controls more than 5 per centum of the shares of any insured bank, acquire any shares of any bank except with the approval of— 1 |