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- Federal Register
- Vol. 59, No. 120
- Thursday, June 23, 1994
-
- Grupo Financiero Serfin, S.A. de C.V., Mexico City, Mexico; Application to
- Engage in Nonbanking Activities
-
- Grupo Financiero Serfin, S.A. de C.V., Mexico City, Mexico (Applicant), has
- applied pursuant to section 4(c)(8) of the Bank Holding Company Act (12 U.S.C.
- 1843(c)(8)) (BHC Act) and 225.23(a)(3) of the Board's Regulation Y (12 CFR
- 225.23(a)(3)) to engage de novo through its subsidiary, Serfin Funds Transfer,
- Inc., Los Angeles, California (Company), in the following activities
- throughout the United States:
-
- (1) making cash advances on credit cards to consumers pursuant to
- 225.25(b)(1) of the Board's Regulation Y (12 CFR 225.25(b)(1));
-
- (2) issuing and selling U.S. dollar denominated money orders and similar
- payment instruments with a face value of $1,000 or less pursuant to
- 225.25(b)(12) of the Board's Regulation Y (12 CFR 225.25(b)(12)) and foreign
- currency denominated money orders and similar payment instruments with a face
- value of the U.S. dollar equivalent of $1,000 or less;
-
- (3) receiving money for transmission and transmitting the same to a foreign
- country;
-
- (4) buying and selling foreign currency at retail and at wholesale solely to
- manage its retail inventory of currency;
-
- (5) cashing U.S. dollar payroll checks; and
-
- (6) cashing federal, state, and local government benefit checks.
-
- Section 4(c)(8) of the BHC Act provides that a bank holding company may, with
- prior 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 reasonably be
- expected to produce public benefits that outweigh possible adverse effects.
-
- A particular activity may be found to meet the "closely related to banking"
- test if it is demonstrated that banks have generally provided the proposed
- activity; that banks generally provide services that are operationally or
- functionally similar to the proposed activity so as to equip them particularly
- well to provide the proposed activity; or that banks generally provide
- services that are so integrally related to the proposed activity as to require
- their provision in a specialized form. National Courier Ass'n v. Board of
- Governors, 516 F.2d 1229, 1237 (D.C. Cir. 1975). In addition, the Board may
- consider any other basis that may demonstrate that the activity has a
- reasonable or close relationship to banking or managing or controlling banks.
- Board Statement Regarding Regulation Y, 49 FR 806 (1984).
-
- The Board has previously determined by regulation that engaging in credit card
- lending, and issuing and selling money orders and similar consumer-type
- payment instruments having a face value of less than $1,000 are closely
- related to banking and permissible for bank holding companies under section 4
- of the BHC Act. See 12 CFR 225.25(b)(1) and (b)(12). Additionally, the Board
- previously has determined by order that the following activities that
- Applicant proposes to conduct are closely related to banking and proper
- incidents thereto under section 4 of the BHC Act:
-
- (1) issuing and selling foreign currency denominated money orders and similar
- payment instruments with a face value of the U.S. dollar equivalent of $1,000
- or less, Midland Bank, PLC, 76 Federal Reserve Bulletin 860 (1990);
-
- (2) receiving money for transmission and transmitting the same to a foreign
- country, Philippines Commercial International Bank, 56 Federal Reserve
- Bulletin 861 (1991);
-
- (3) buying and selling foreign currency at retail and at wholesale solely to
- manage its retail inventory of currency, Midland Bank, PLC, 76 Federal Reserve
- Bulletin 860 (1990); and
-
- (4) cashing U.S. dollar payroll checks drawn on unaffiliated banks, Midland
- Bank, PLC, 76 Federal Reserve Bulletin 860 (1990).
-
- Applicant has committed that it will conduct these activities in accordance
- with the limitations established by regulation and order on the conduct of
- such activities.
-
- The Board has not previously determined that cashing federal, state, and local
- government benefit checks is permissible under section 4(c)(8) of the BHC Act.
- Applicant states that this proposed activity is closely related and a proper
- incident to banking because the cashing of government benefit checks is no
- less fundamental to banking than is the cashing of payroll checks, which the
- Board has determined is permissible under section 4(c)(8) of the BHC Act.
- Applicant also states that recipients of such checks should have the same
- access to check cashing services as do individuals who cash payroll checks.
-
- 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. Applicant also believes that approval of this
- application will allow Company to provide a wider range of services and added
- convenience to its customers. Applicant believes that the proposed activities
- will not result in any unsound banking practices or other adverse effects.
-
- 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 comments 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, D.C. 20551, not later than June 13, 1994. Any
- request for a 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 San Francisco.
-
- Board of Governors of the Federal Reserve System, June 17, 1994.
-
- Jennifer J. Johnson,
-
- Associate Secretary of the Board.
-
- [FR Doc. 94─15271 Filed 6─22─94; 8:45 am]
-
- BILLING CODE 6210─01─F
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