§ 347.109 Limitations on indirect investments in nonfinancial foreign organizations.

(a) A bank may, through a subsidiary authorized by §§ 347.105 or 347.106, or an Edge corporation if also authorized by the FRB, acquire and hold equity interests in foreign organizations that are not foreign banks or foreign banking organizations and that engage generally in activities beyond those listed in § 347.105(b), subject to the following: (1) The amount of the investment does not exceed 15 percent of the bank's Tier 1 capital; (2) The aggregate holding of voting equity interests of one foreign organization by the bank and its affiliates must be less than: (i) 20 percent of the foreign organization's voting equity interests; and (ii) 40 percent of the foreign organization's voting and nonvoting equity interests; (b) The bank or its affiliates must not otherwise control the foreign organization; and (c) Loans or extensions of credit made by the bank and its affiliates to the foreign organization must be on substantially the same terms, including interest rates and collateral, as those prevailing at the same time for comparable transactions between the bank or its affiliates and nonaffiliated organizations.