12 U.S.C. § 1846
Section 1846 · Reservation of rights to States
This is § 7 of the Bank Holding Company Act of 1956
Amended 3 times on record
Applied in 30 court decisions — leading case Lewis v. BT Investment Managers, Inc. (1980)
Most recently applied in Zimmerman v. Board of County Commissioners (October 2011)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
No provision of this chapter shall be construed as preventing any State from exercising such powers and jurisdiction which it now has or may hereafter have with respect to companies, banks, bank holding companies, and subsidiaries thereof.
No provision of this chapter shall be construed as affecting the authority of any State or political subdivision of any State to adopt, apply, or administer any tax or method of taxation to any bank, bank holding company, or foreign bank, or any affiliate of any bank, bank holding company, or foreign bank, to the extent that such tax or tax method is otherwise permissible by or under the Constitution of the United States or other Federal law.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Amendments
1994—Pub. L. 103–328 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
1987—Pub. L. 100–86 substituted “No provision of this chapter shall” for “The enactment by the Congress of this chapter shall not” and inserted “companies,” before “banks,”.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–328 effective at end of 1-year period beginning on Sept. 29, 1994, see section 101(e) of Pub. L. 103–328, set out as a note under section 1828 of this title.