Page:United States Statutes at Large Volume 110 Part 4.djvu/638

 110 STAT. 3009-475 PUBLIC LAW 104-208—SEPT. 30, 1996 Office of Management and Budget), in the cost and availability of retail banking services (including fees imposed for providing such services), that delineates differences between insured depository institutions on the basis of both the size of the institution and any engagement of the institution in multistate activity; and". SEC. 2609. PROSPECTIVE APPLICATION OF GOLD CLAUSES IN CON- TRACTS. Section 5118(d)(2) of title 31, United States Code, is amended by adding at the end the following: 'This paragraph shall apply to any obligation issued on or before October 27, 1977, notwithstanding any assignment or novation of such obligation after October 27, 1977, unless all parties to the assignment or novation specifically agree to include a gold clause in the new agreement. Nothing in the preceding sentence shall be construed to affect the enforceability of a Gold Clause contained in any obligation issued after October 27, 1977 if the enforceability of that Gold Clause has been finally adjudicated before the date of enactment of the Economic Growth and Regulatory Paperwork Reduction Act of 1996.". SEC. 2610. QUALIFIED FAMILY PARTNERSHIPS. Section 2 of the Bank Holding Company Act of 1956 (12 U.S.C. 1841) is amended— (1) in subsection (b), by inserting ", and shall not include a qualified family partnership" after '*by any State"; and (2) in subsection (o), by adding at the end the following: "(10) QUALIFIED FAMILY PARTNERSHIP. —The term 'qualified family partnership' means a general or limited partnership that the Board determines— "(A) does not directly control any bank, except through a registered bank holding company; "(B) does not control more than 1 registered bank holding company; "(C) does not engage in any business activity, except indirectly through ownership of other business entities; "(D) has no investments other than those permitted for a bank holding company pursuant to section 4(c); "(E) is not obligated on any debt, either directly or as a guarantor; "(F) has partners, all of whom are either— "(i) individuals related to each other by blood, marriage (including former marriage), or adoption; or "(ii) trusts for the primary benefit of individuals related as described in clause (i); and "(G) has filed with the Board a statement that includes— "(i) the basis for the eligibility of the partnership under subparagraph (F); "(ii) a list of the existing activities and investments of the partnership; "(iii) a commitment to comply with this paragraph; "(iv) a commitment to comply with section 7 of the Federal Deposit Insurance Act with respect to any acquisition of control of an insured depository institution occurring after date of enactment of this paragraph; and

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