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- Federal Register
- Vol. 59, No. 112
- Monday, June 13, 1994
-
- FEDERAL RESERVE SYSTEM Banco Bilbao; Acquisition of Company Engaged in
- Permissible Nonbanking Activities
-
- Banco Bilbao Vizcaya, S.A., Bilbao, Spain (Applicant), a foreign banking
- organization subject to the Bank Holding Company Act (BHC Act), has applied
- pursuant to section 4(c)(8) of the BHC Act and 225.23(a)(2) and (3) of the
- Board's Regulation Y (12 CFR 225.23(a)(2) and (3)), to retain an interest in
- its indirect subsidiary, Probursa International Incorporated, New York, New
- York (Company), and thereby engage in the following securities-related
- activities:
-
- (1) providing investment advisory services pursuant to 225.25(b)(4) of the
- Board's Regulation Y (12 CFR 225.25(b)(4));
-
- (2) providing full service brokerage services pursuant to 225.25(b)(4) and
- (b)(15) of Regulation Y (12 CFR 225.25(b)(4) and (b)(15)), including
- exercising investment discretion on behalf of institutional customers;
-
- (3) buying and selling, on the order of customers, all types of securities as
- a riskless principal; and
-
- (4) engaging in the private placement of all types of securities as agent.
-
- Section 4(c)(8) of the BHC Act provides that a bank holding company may, with
- Board approval, engage in any activity "which the Board, after due notice and
- opportunity for hearing, has determined (by order or regulation) to be so
- closely related to banking or managing or controlling banks as to be a proper
- incident thereto.'' This statutory test requires that two separate tests be
- met for an activity to be permissible for a bank holding company. First, the
- Board must determine that the activity is, as a general matter, "closely
- related to banking.'' Second, the Board must find in a particular case that
- the performance of the activity by the applicant bank holding company may be
- reasonably be expected to produce public benefits that outweigh possible
- adverse effects.
-
- The Board previously has determined by regulation that the proposed investment
- advisory and full-service brokerage activities are closely related to banking
- under section 4 of the BHC Act. See 12 CFR 225.25(b)(4) and (b)(15). Applicant
- has committed that it will conduct these activities in accordance with the
- Board's limitations and restrictions on the conduct of such activities. The
- Board also has previously determined that the proposed riskless principal and
- private placement activities are closely related to banking, subject to
- certain prudential limitations on the conduct of such activities which address
- the potential for conflicts of interest, unsound banking practices, and other
- adverse effects. See, e.g., J.P. Morgan & Company Inc., 76 Federal Reserve
- Bulletin 26 (1990); Bankers Trust New York Corporation, 75 Federal Reserve
- Bulletin 829 (1989). Applicant has committed to conduct the proposed riskless
- principal and private placement activities subject to the conditions and
- limitations contained in these and other Board orders approving these
- activities.
-
- In order to satisfy the proper incident to banking test, section 4(c)(8) of
- the BHC Act requires the Board to find that the performance of the activities
- by Company can reasonably be expected to produce benefits to the public, such
- as greater convenience, increased competition, or gains in efficiency that
- outweigh possible adverse effects, such as undue concentration of resources,
- decreased or unfair competition, conflicts of interest, or unsound banking
- practices. Applicant believes that the proposed activities will benefit the
- public by promoting competition and by providing a wider range of services and
- added convenience to Company's customers. Thus, Applicant believes that the
- proposed activities will result in benefits to the public that would outweigh
- any adverse effects associated with the proposal.
-
- In publishing the proposal for comment, the Board does not take a position on
- issues raised by the proposal. Notice of the proposal is published solely in
- order to seek the views of interested persons on the issues presented by the
- application and does not represent a determination by the Board that the
- proposal meets, or is likely to meet, the standards of the BHC Act.
-
- Any views or requests for hearing should be submitted in writing and received
- by William W. Wiles, Secretary, Board of Governors of the Federal Reserve
- System, Washington, DC 20551, not later than July 6, 1994. Any request for
- hearing on this application must, as required by 262.3(e) of the Board's
- Rules of Procedure (12 CFR 262.3(e)), be accompanied by a statement of the
- reasons why a written presentation would not suffice in lieu of a hearing,
- identifying specifically any questions of fact that are in dispute,
- summarizing the evidence that would be presented at a hearing, and indicating
- how the party commenting would be aggrieved by approval of the proposal.
-
- This application may be inspected at the offices of the Board of Governors or
- the Federal Reserve Bank of New York.
-
- Board of Governors of the Federal Reserve System, June 7, 1994.
-
- Jennifer J. Johnson,
-
- Associate Secretary of the Board.
-
- [FR Doc. 94-14263 Filed 6-10-94; 8:45 am]
-
- BILLING CODE 6210-01-F
-
-
-