Public Law 119-73 (01/23/2026)

12 U.S.C. § 601

Authorization; conditions and regulations

Any national banking association possessing a capital and surplus of $1,000,000 or more may file application with the Board of Governors of the Federal Reserve System for permission to exercise, upon such conditions and under such regulations as may be prescribed by the said board, the following powers:

First. To establish branches in foreign countries or dependencies or insular possessions of the United States for the furtherance of the foreign commerce of the United States, and to act if required to do so as fiscal agents of the United States.

Second. To invest an amount not exceeding in the aggregate 10 per centum of its paid-in capital stock and surplus in the stock of one or more banks or corporations chartered or incorporated under the laws of the United States or of any State thereof, and principally engaged in international or foreign banking, or banking in a dependency or insular possession of the United States either directly or through the agency, ownership, or control of local institutions in foreign countries, or in such dependencies or insular possessions.

section 371c of this titleThird. To acquire and hold, directly or indirectly, stock or other evidences of ownership in one or more banks organized under the law of a foreign country or a dependency or insular possession of the United States and not engaged, directly or indirectly, in any activity in the United States except as, in the judgment of the Board of Governors of the Federal Reserve System, shall be incidental to the international or foreign business of such foreign bank; and, notwithstanding the provisions of , to make loans or extensions of credit to or for the account of such bank in the manner and within the limits prescribed by the Board by general or specific regulation or ruling.

Provided, howeverUntil , any national banking association, without regard to the amount of its capital and surplus, may file application with the Board of Governors of the Federal Reserve System for permission, upon such conditions and under such regulations as may be prescribed by said board, to invest an amount not exceeding in the aggregate 5 per centum of its paid-in capital and surplus in the stock of one or more corporations chartered or incorporated under the laws of the United States or of any State thereof and, regardless of its location, principally engaged in such phases of international or foreign financial operations as may be necessary to facilitate the export of goods, wares, or merchandise from the United States or any of its dependencies or insular possessions to any foreign country: , That in no event shall the total investments authorized by this subchapter by any one national bank exceed 10 per centum of its capital and surplus.

Such application shall specify the name and capital of the banking association filing it, the powers applied for, and the place or places where the banking or financial operations proposed are to be carried on. The Board of Governors of the Federal Reserve System shall have power to approve or to reject such application in whole or in part if for any reason the granting of such application is deemed inexpedient, and shall also have power from time to time to increase or decrease the number of places where such banking operations may be carried on.

Dec. 23, 1913, ch. 6, § 2538 Stat. 273Sept. 7, 1916, ch. 46139 Stat. 755Sept. 17, 1919, ch. 6041 Stat. 285Aug. 23, 1935, ch. 61449 Stat. 704Pub. L. 89–485, § 12(b)80 Stat. 241( (pars.), ; , ; , §§ 1, 2, , 286; , title II, § 203(a), ; , , .)

Editorial Notes

References in Text

This subchapter, referred to in the proviso to the fifth par., was in the original “this section”, meaning section 25 of act , which is classified to this subchapter (§ 601 et seq.).

Codification

Section is comprised of the first three undesignated pars. of section 25 of act , which comprises this subchapter.

section 602 of this titleThe fourth undesignated par. of section 25 is classified to .

section 603 of this titleThe fifth undesignated par. of section 25 is classified to .

section 604 of this titleThe sixth undesignated par. of section 25 is classified to .

section 605 of this titleThe former seventh undesignated par. was classified to former .

section 604a of this titleThe seventh undesignated par. is classified to .

Amendments

Pub. L. 89–4851966— struck out “either or both of” before “the following powers” in introductory par.

Pub. L. 89–485Par. Third. added par. Third.

1919—Act , added par. beginning “Until ” and inserted “financial” in first sentence of last par.

1916—Act , among other changes, added par. Second, and provisions relating to restrictions on purchasing stock in other banks, investigations as to compliance with regulations, disposal of interest and separation of accounts, etc. which are now contained in section 602 et seq. of this title.

Statutory Notes and Related Subsidiaries

Change of Name

Section 203(a) of act , changed name of Federal Reserve Board to Board of Governors of the Federal Reserve System.

Study by Secretary of the Treasury of Discriminatory Practices by Foreign Nations Against United States Banks; Report and Recommendations to Congress

Pub. L. 95–369, § 9(a)92 Stat. 623Pub. L. 95–630, title III, § 31192 Stat. 3678, formerly § 9, , , renumbered , , , provided that the Secretary of the Treasury conduct a study of discriminatory practices by foreign nations against United States banks and report his findings and recommendations to Congress on or before one year after , along with a description of efforts taken by the United States to eliminate any foreign laws or practices that discriminate against United States banks or serve as a barrier to the financing of United States exports to any country.