[Federal Register Volume 59, Number 87 (Friday, May 6, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-10921]
[[Page Unknown]]
[Federal Register: May 6, 1994]
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FEDERAL DEPOSIT INSURANCE CORPORATION
FEDERAL RESERVE SYSTEM
BankAmerica Corporation, San Francisco, California; Application To
Engage in Nonbanking Activities
BankAmerica Corporation, San Francisco, California (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 Sec. 225.23(a)(3) of the Board's
Regulation Y (12 CFR 225.23(a)(3)) to engage de novo through BA
Futures, Inc., Chicago, Illinois (Company), a futures commission
merchant registered under the Commodity Exchange Act (7 U.S.C. Sec. 1
et seq.), in executing and clearing, and clearing without executing the
following contracts on the following exchanges: Light Sweet Crude Oil
Futures, Options on Light Sweet Crude Oil Futures, No. 2 Heating Oil
Futures and Options on No. 2 Heating Oil Futures on the New York
Mercantile Exchange; Corn Futures, Options on Corn Futures, Wheat
Futures, Options on Wheat Futures, Soybean Futures and Options on
Soybean Futures on the Chicago Board of Trade; and Live Cattle Futures,
Options on Live Cattle Futures, Feeder Cattle Futures, Options on
Feeder Cattle Futures, Live Hog Futures and Options on Live Hog Futures
on the Chicago Mercantile Exchange. Applicant proposes to conduct these
activities throughout the world.
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 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, January 5, (1984).
The Board previously has approved acting as a futures commission
merchant in executing and clearing the proposed commodity contracts.
See Bank of Montreal, 79 Federal Reserve Bulletin 1049 (1993); J.P.
Morgan & Co. Incorporated, 80 Federal Reserve Bulletin 151 (1994)(J.P.
Morgan). The Board also previously has approved providing a combination
of advisory services regarding nonfinancial commodity derivatives and
acting as a futures commission merchant in the execution and clearance
of these derivatives. J.P. Morgan.
Applicant proposes to conduct the proposed activities in a manner
that differs slightly from what previously has been approved by the
Board. Specifically, in J.P. Morgan the Board conditioned approval of
the application on J.P. Morgan's commitment that it would not perform
execution, clearance or investment advisory services for commodity
funds (or commodity pools) owned, sponsored by, or otherwise affiliated
with, J.P. Morgan. In contrast, Applicant proposes that Company's
customers would include a managed commodity fund formed outside of the
United States, sponsored by an affiliate of Applicant.
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 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 May 23,
1994. Any request for a hearing on this application must, as required
by Sec. 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 Chicago.
Board of Governors of the Federal Reserve System, May 2, 1994.
Jennifer J. Johnson,
Associate Secretary of the Board.
[FR Doc. 94-10921 Filed 5-5-94; 8:45 am]
BILLING CODE 6210-01-F
