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HR 3968 111th Congress House

To amend the Bank Holding Company Act of 1956 to require the Board of Governors of the Federal Reserve System to take prompt corrective action to resolve problems of bank holding companies.

Introduced: October 29, 2009 See on congress.gov
Finance and Financial Sector Administrative law and regulatory proceduresBank accounts, deposits, capitalBanking and financial institutions regulationBankruptcy
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Business investment and capitalCorporate finance and managementFederal Reserve SystemWages and earnings
This bill died when the 111th Congress ended
It never became law before the 111th Congress (2009–2010) adjourned, and bills don't carry over to the next Congress. It would have to be reintroduced. You can still save it for reference, but it won't receive updates.
 Everywhere this bill has been 2 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
Oct 29, 2009
Introduced in House
Oct 29, 2009
Referred to the House Committee on Financial Services.
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 Latest action October 29, 2009

Referred to the House Committee on Financial Services.

 Plain-English summary Congressional Research Service

Amends the Bank Holding Company Act of 1956 to instruct the Board of Governors of the Federal Reserve System to: (1) take prompt corrective action to resolve the problems of a bank holding company; (2) prescribe capital standards for bank holding companies, including a leverage limit and a risk-based capital requirement; (3) specify for each relevant capital measure the levels at which a bank holding company is well capitalized, undercapitalized, and significantly undercapitalized; and (4) specify the ratio of tangible equity to total assets at which a bank holding company is critically undercapitalized.

Prohibits a bank holding company, except under certain conditions, from making a capital distribution if it would be undercapitalized after making the distribution.

Requires the Board to monitor the condition and compliance of any undercapitalized bank holding company regarding its capital restoration plans, restrictions, and requirements.

Requires an undercapitalized bank holding company to submit an acceptable capital restoration plan to the Board.

Prohibits such a company from obtaining acquisitions and new lines of business without prior Board approval.

Sets forth mandatory Board actions with respect to undercapitalized bank holding companies that fail to submit or implement capital restoration plans, including: (1) requiring recapitalization; (2) restricting asset growth and transactions with affiliates; (3) requiring dismissal of directors or senior executive officers; (4) ordering a new election of the board of directors; and (5) requiring divestiture of affiliates.

Requires prior written Board approval for senior executive compensation that exceeds the officer's average rate of compensation during a specified period preceding the undercapitalization of the bank holding company.

Specifies additional discretionary measures following Board determination that a bank holding company is either in an unsafe or unsound condition, or engaging in an unsafe or unsound practice.

Requires a petition in bankruptcy for a critically undercapitalized bank holding company.

 Bill text 1 version

Source documents hosted by congress.gov.

 Committees of jurisdiction 1
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APA
U.S. Congress. (2026). H.R. 3968: To amend the Bank Holding Company Act of 1956 to require the Board of Governors of the Federal Reserve System to take prompt corrective action to resolve problems of bank holding companies.. 111th Congress. Open America. https://openamerica.io/bill/111-HR-3968/
MLA
"H.R. 3968: To amend the Bank Holding Company Act of 1956 to require the Board of Governors of the Federal Reserve System to take prompt corrective action to resolve problems of bank holding companies.." 111th Congress, 2026, Open America, https://openamerica.io/bill/111-HR-3968/.
Bluebook (legal)
H.R. 3968, 111th Cong. (2026), https://openamerica.io/bill/111-HR-3968/.
Markdown link
[H.R. 3968: To amend the Bank Holding Company Act of 1956 to require the Board of Governors of the Federal Reserve System to take prompt corrective action to resolve problems of bank holding companies.](https://openamerica.io/bill/111-HR-3968/)
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