15 U.S.C. § 9054 | Conflicts of interest

(a)

Definitions

In this section:

(1)

Controlling interest

The term “controlling interest” means owning, controlling, or holding not less than 20 percent, by vote or value, of the outstanding amount of any class of equity interest in an entity.

(2)

Covered entity

The term “covered entity” means an entity in which a covered individual directly or indirectly holds a controlling interest. For the purpose of determining whether an entity is a covered entity, the securities owned, controlled, or held by 2 or more individuals who are related as described in paragraph (3)(B) shall be aggregated.

(3)

Covered individual

The term “covered individual” means—

(A)

the President, the Vice President, the head of an Executive department, or a Member of Congress; and

(B)

the spouse, child, son-in-law, or daughter-in-law, as determined under applicable common law, of an individual described in subparagraph (A).

(4)

Executive department

section 101 of title 5The term “Executive department” has the meaning given the term in .

(5)

Member of Congress

The term “member of Congress” means a member of the Senate or House of Representatives, a Delegate to the House of Representatives, and the Resident Commissioner from Puerto Rico.

(6)

Equity interest

The term “equity interest” means—

(A)

a share in an entity, without regard to whether the share is—

(i)

transferable; or

(ii)

classified as stock or anything similar;

(B)

a capital or profit interest in a limited liability company or partnership; or

(C)

a warrant or right, other than a right to convert, to purchase, sell, or subscribe to a share or interest described in subparagraph (A) or (B), respectively.

(b)

Prohibition

section 9042 of this titleNotwithstanding any other provision of this part, no covered entity may be eligible for any transaction described in .

(c)

Requirement

section 9042 of this titleThe principal executive officer and the principal financial officer, or individuals performing similar functions, of an entity seeking to enter a transaction under shall, before that transaction is approved, certify to the Secretary and the Board of Governors of the Federal Reserve System that the entity is eligible to engage in that transaction, including that the entity is not a covered entity.

Pub. L. 116–136, div. A, title IV, § 4019Mar. 27, 2020134 Stat. 485 (, , .)

Editorial Notes

References in Text

Pub. L. 116–136 section 4001 of Pub. L. 116–136 section 9001 of this titleThis part, referred to in subsec. (b), was in the original “this subtitle”, meaning subtitle A (§§ 4001–4029) of title IV of div. A of , known as the Coronavirus Economic Stabilization Act of 2020, which is classified principally to this part. For complete classification of subtitle A to the Code, see , set out as a Short Title note under , and Tables.