[Federal Register Volume 59, Number 171 (Tuesday, September 6, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-21819] [[Page Unknown]] [Federal Register: September 6, 1994] ======================================================================= ----------------------------------------------------------------------- FEDERAL RESERVE SYSTEM The Bank of New York Company, Inc.; Notice of Applications to Engage de novo in Permissible Nonbanking Activities; Correction This notice corrects a notice (FR Doc. 94-16672) published on page 35347 of the issue for Monday, July 11, 1994. Under the Federal Reserve Bank of New York heading, the entry for The Bank of New York Company, New York, New York, et al. is revised to read as follows: 1. The Bank of New York Company, Inc., New York, New York; BayBanks, Inc., Boston, Massachusetts; The Chase Manhattan Corporation, New York, New York; Chemical Banking Corporation, New York, New York; Citicorp, New York, New York; Fleet Financial Group, Inc., Providence, Rhode Island; HSBC Holdings PLC, London, England; HSBC Holdings BV, The Netherlands; Marine Midland Banks, Inc., Buffalo, New York; Banco de Santander, S.A., Madrid, Spain; The Bank of Boston Corporation, Boston, Massachusetts; First Fidelity Bancorporation, Lawrenceville, New Jersey; Shawmut National Corporation, Hartford, Connecticut; National Westminster Bank PLC, London, England; and NatWest Holdings, Inc., New York, New York (collectively, Applicants), have 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) of the Board's Regulation Y (12 CFR 225.23(a)) to engage through InfiNet Payment Services, Inc., Hackensack, New Jersey (Company), in data processing and related nonbanking activities. Company will be formed through the merger of NENI Corporation, which operates a retail electronic funds transfer (EFT) network under the tradename Yankee 24, and The New York Switch Corporation, which operates the NYCE EFT network under various tradenames. In particular, Applicants propose to engage through Company in operating a retail EFT network, including the provision of automated teller machine (ATM) services that will permit customers to make withdrawals, obtain cash advances from lines of credit and credit card accounts, make deposit account inquiries, make transfers between accounts, and make deposits to the extent permitted by applicable law. These ATM services also would include the processing and transmission of data for bank participants in the network in connection with financial products offered to customers of such participants that would allow those customers to transfer funds, by ``sweep'' arrangements or otherwise, among their deposit accounts at the bank or other securities accounts maintained with affiliated or unaffiliated mutual fund companies or securities brokers. Applicants also propose to engage in various additional activities through Company, including the following: (1) point of sale (POS) services that will permit customers to use their ATM cards to purchase goods and services; (2) point of banking (POB) services that will permit customers to conduct transactions similar to those available at ATM terminals, but with the help of a third party; (3) scrip services, in which a customer receives a voucher (scrip) that is redeemable for cash at a retail register; (4) gateway services, by which Company will provide routing of transaction requests between Company's network and other EFT networks for participants in Company's network; (5) group purchasing, in which Company will purchase EFT-related supplies, such as signage, statement stuffers, and terminals, for the benefit of the financial institution participants in Company's network; (6) ownership of ATM terminals to the extent permitted by applicable state and federal law; (7) terminal driving services, such as routine database management and maintenance, problem resolution, telecommunications, help desk services, hardware maintenance, and currency provision; (8) card production and issuance, including ordering and embossing cards, establishing cardholder records, and assigning personal identification numbers; (9) electronic benefit transfer (EBT) services, in which recipients of government benefits such as food stamps and other recurring types of government transfer payments could access their benefits at ATM and POS machines through use of a card issued by a government agency; (10) home banking and bill payment services, in which customers could use devices such as the telephone, personal computer, or interactive cable television to conduct a variety of banking transactions such as transferring money between accounts, opening and closing accounts, and paying bills, as well as accessing banking, financial and economic databases from the home or office; (11) providing certain additional services not generally available at ATM machines, such as printing full account statements and dispensing travelers checks and postage stamps; (12) providing services in connection with stored value cards, including farecards used by public transportation systems, which are capable of having value assigned to them by use of a magnetic strip or computer chip; (13) check verification services for retailers; (14) purchasing and reselling or renting electronic equipment used to perform EFT services; and (15) electronic data capture and electronic data interchange services, in which merchants are provided with information relating to inventory and the buying patterns of customers. Applicants propose to engage in these activities worldwide. In this regard, Applicants propose to permit foreign bank affiliates of domestic banking participants in the network, as well as other foreign banks, to participate in the network. Closely Related to Banking Standard 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....'' In determining whether a proposed activity is closely related to banking for purposes of the BHC Act, the Board considers, inter alia, the matters set forth in National Courier Association v. Board of Governors of the Federal Reserve System, 516 F.2d 1229 (D.C. Cir. 1975). These considerations are (1) whether banks generally have in fact provided the proposed services, (2) whether banks generally provide services that are operationally or functionally so similar to the proposed services as to equip them particularly well to provide the proposed services, and (3) whether banks generally provide services that are so integrally related to the proposed services as to require their provision in a specialized form. See 516 F.2d at 1237. 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 Federal Register 806 (1984). Applicants maintain that the Board has previously determined that the majority of the proposed activities are closely related to banking within the meaning of the BHC Act. Specifically, Applicants maintain that the proposed ATM services; POS services; gateway services; terminal driving services; card production and issuance services; home banking and bill payment services; group purchasing activities; EBT services; POB services; electronic data capture and interchange services; scrip services; terminal ownership; and terminal sale, rental, and maintenance services are data processing and transmission activities that the Board has determined by regulation to be closely related to banking. See 12 CFR 225.25(b)(7). See also Banc One Corporation, et al., 79 Federal Reserve Bulletin 1158 (1993) (Banc One); BayBanks, Inc., et al., 79 Federal Reserve Bulletin 547 (1993); Banc One Corporation, et al., 79 Federal Reserve Bulletin 156-57 (1993); BankAmerica Corporation, 78 Federal Reserve Bulletin 299 (1992). Applicants further maintain that the Board also has previously determined by regulation that the issuance and sale of travelers checks, and the proposed check verification services, are closely related to banking. See 12 CFR 225.25(b)(12) and (b)(22). In addition, Applicants maintain that the Board has previously determined by order that the proposed stored value card services are closely related to banking within the meaning of the BHC Act. See Banc One, supra. Applicants propose to conduct the foregoing activities in accordance with the limitations set forth in Regulation Y and the Board's prior orders. Applicants also maintain that dispensing stamps and full statement printing are activities closely related to banking because banks conduct these activities. In this regard, Applicants state that national banks may operate postal substations pursuant to rulings issued by the Office of the Comptroller of the Currency. See 12 CFR 7.7482. Applicants further state that banks are required to deliver periodic account statements to customers under regulations issued by the Board. See 12 CFR 205.9 and 230.6. In addition, Applicants maintain that the proposed farecard activities are closely related to banking because farecards are a form of stored value card and serve as a medium of exchange. Proper Incident to Banking Standard In order to approve the proposal, the Board also must determine that the proposed activities to be conducted by Company ``can reasonably be expected to produce benefits to the public, such as greater convenience, increased competition, or gains in efficiency, that outweigh possible adverse effects, such as undue concentration of resources, decreased or unfair competition, conflicts of interests, or unsound banking practices.'' 12 U.S.C. 1843(c)(8). Applicants believe that the proposal will produce public benefits that outweigh any potential adverse effects. In particular, Applicants maintain that the proposal will enhance customer convenience and efficiency. In addition, Applicants state that the proposed activities will not result in adverse effects such as an undue concentration of resources, decreased or unfair competition, conflicts of interests, or unsound banking practices. 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 in order 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 September 26, 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, the Federal Reserve Bank of New York, the Federal Reserve Bank of Boston, or the Federal Reserve Bank of Philadelphia. Board of Governors of the Federal Reserve System, effective August 29, 1994. William W. Wiles, Secretary of the Board. [FR Doc. 94-21819 Filed 9-2-94; 8:45 am] BILLING CODE 6210-01-F