Illegal Business Activities for First National Bank Subsidiary

Subsidiary's Limitations on Business Activities

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Question

A subsidiary of First National Bank can legally participate in all but one of the following businesses. In which business may the subsidiary NOT legally participate?

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Explanations

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A. B. C. D.

C

The subsidiary of First National Bank may not legally participate in selling insurance.

This is because banks are subject to certain regulatory restrictions under the Bank Holding Company Act (BHCA) and the Gramm-Leach-Bliley Act (GLBA), which limit the types of non-banking activities in which they can engage. While banks can generally engage in a range of activities related to financial services, including selling securities, providing financial planning advice, and developing real estate, the sale of insurance is generally prohibited.

This prohibition is rooted in the separation of banking and insurance that has been a longstanding feature of the U.S. financial system. Specifically, the Glass-Steagall Act of 1933 created a separation between commercial banking and investment banking, while the McCarran-Ferguson Act of 1945 granted states the authority to regulate the business of insurance. As a result, banks are generally prohibited from selling insurance or engaging in insurance-related activities.

There are some exceptions to this prohibition. For example, banks may be able to sell insurance in limited circumstances, such as through a subsidiary that is separate from the bank's main operations or through a joint venture with an insurance company. However, these exceptions are subject to various regulatory restrictions and requirements, and may not be available in all cases.

In summary, while the subsidiary of First National Bank can legally participate in selling securities, providing financial planning advice, and developing real estate, it may not legally participate in selling insurance due to regulatory restrictions on banking activities.