affiliate

Defined in 36 places across 17 titles of the United States Code.

The term “affiliate” has the meaning given to such term in section 1841(k) of this title.

Same definition in 2 sections

1994–present 12 U.S.C. § 1441ABanks and Banking · Thrift Depositor Protection Oversight Board and Resolution Trust Corporation · under this section
2008–present 12 U.S.C. § 1813Banks and Banking · Definitions · as used in this chapter

The term “affiliate” means a business entity that has a relationship with a second business entity if, directly or indirectly—

(A) one business entity controls, or has the power to control, the other business entity; or

(B) a third party controls, or has power to control, both of the business entities.

Same definition in 2 sections

1997–present 21 U.S.C. § 379GFood and Drugs · Definitions · for purposes of this subpart
2002–2004 21 U.S.C. § 379IFood and Drugs · Definitions · for purposes of this subpart

The term “affiliate” means any company that controls, is controlled by, or is under common control with another company.

Same definition in 2 sections

1999–present 15 U.S.C. § 6701Commerce and Trade · Operation of State law · for purposes of this section
1999–present 15 U.S.C. § 6809Commerce and Trade · Definitions · as used in this subchapter

Affiliate.—For purposes of this chapter, the term "affiliate" means any company that controls, is controlled by, or is under common control with another company.

Source

1994–2015 12 U.S.C. § 1841Banks and Banking · Definitions · for purposes of this chapter

Affiliate.—For purposes of this subsection, the term "affiliate" means a business entity that has a relationship with a second business entity if, directly or indirectly—

(A) one business entity controls, or has the power to control, the other business entity; or

(B) a third party controls, or has the power to control, both of the business entities.

Source

2014–2023 21 U.S.C. § 353Food and Drugs · Exemptions and consideration for certain drugs, devices, and biological products · in this section

“Affiliate” means—

(A) a person who directly or indirectly owns, controls, or holds with power to vote, 20 percent or more of the outstanding voting securities of the debtor, other than a person who holds the securities—

(i) as a fiduciary or agent without sole discretionary power to vote the securities; or

(ii) solely to secure a debt, if the person has not exercised the power to vote;

(B) a corporation 20 percent or more of whose outstanding voting securities are directly or indirectly owned, controlled, or held with power to vote, by the debtor or a person who directly or indirectly owns, controls, or holds with power to vote, 20 percent or more of the outstanding voting securities of the debtor, other than the person who holds securities—

(i) as a fiduciary or agent without sole power to vote the securities; or

(ii) solely to secure a debt, if the person has not in fact exercised the power to vote;

(C) a person whose business is operated by the debtor under a lease or other agreement, or a person substantially all of whose assets are controlled by the debtor; or

(D) a person who operates the debtor's business under a lease or other agreement or controls substantially all of the debtor's assets.

Source

1995–present 28 U.S.C. § 3301Judiciary and Judicial Procedure · Definitions · as used in this subchapter

“affiliate” means a business enterprise located in one country which is directly or indirectly owned or controlled by a person of another country to the extent of 10 per centum or more of its voting stock for an incorporated business or an equivalent interest for an unincorporated business, including a branch;

Source

1994–present 22 U.S.C. § 3102Foreign Relations and Intercourse · Definitions · as used in this chapter

“affiliate” means—

(A) entity that directly or indirectly owns, controls, or holds with power to vote, 20 percent or more of the outstanding voting securities of the debtor, other than an entity that holds such securities—

(i) in a fiduciary or agency capacity without sole discretionary power to vote such securities; or

(ii) solely to secure a debt, if such entity has not in fact exercised such power to vote;

(B) corporation 20 percent or more of whose outstanding voting securities are directly or indirectly owned, controlled, or held with power to vote, by the debtor, or by an entity that directly or indirectly owns, controls, or holds with power to vote, 20 percent or more of the outstanding voting securities of the debtor, other than an entity that holds such securities—

(i) in a fiduciary or agency capacity without sole discretionary power to vote such securities; or

(ii) solely to secure a debt, if such entity has not in fact exercised such power to vote;

(C) person whose business is operated under a lease or operating agreement by a debtor, or person substantially all of whose property is operated under an operating agreement with the debtor; or

(D) entity that operates the business or substantially all of the property of the debtor under a lease or operating agreement;

Source

1994–2005 11 U.S.C. § 101Bankruptcy · Definitions · in this title

“affiliate” means any entity owned or controlled by, any person who owns or controls, or any entity which is under common ownership or control with an applicant, licensee, or any person required to be disclosed pursuant to section 1504(c)(2)(A) or (B) of this title;

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1994–2023 33 U.S.C. § 1502Navigation and Navigable Waters · Definitions · in this chapter

Affiliate.—The term “affiliate” has the meaning given to such term in section 1841(k) of this title.

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1994–2008 12 U.S.C. § 1813Banks and Banking · Definitions · as used in this chapter

Affiliate.—The term "affiliate" has the meaning provided the term in section 1841(k) of title 12.

Source

1996–2019 7 U.S.C. § 2016Agriculture · Issuance and use of program benefits · under this chapter

Affiliate.—The term “affiliate” means a person other than the owner that directly or indirectly controls, is controlled by, or is under common control with the owner. In the preceding sentence, the term “control” means the power to direct the management and policies of a person whether through ownership of voting securities or otherwise.

Source

2005–present 49 U.S.C. § 30106Transportation · Rented or leased motor vehicle safety and responsibility · in this section

Affiliate.—The term "affiliate" means an entity that controls, is controlled by, or is under common control with another entity.

Source

2020–2021 31 U.S.C. § 5318Money and Finance · Compliance, exemptions, and summons authority · under this section

Affiliate.—The term "affiliate" means any entity owned or controlled by, any person who owns or controls, or any entity which is under common ownership or control with an applicant, licensee, or any person required to be disclosed pursuant to section subparagraph (A) or (B) of section 1504(c)(2) of this title.

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2023–2024 33 U.S.C. § 1502Navigation and Navigable Waters · Definitions · in this chapter

Affiliate.—The term "affiliate" means, with respect to an insurer, any person who controls, is controlled by, or is under common control with the insurer.

Source

2010–present 31 U.S.C. § 313Money and Finance · Terrorism and Financial Intelligence · in this section

Affiliate.—The term “affiliate” means, with respect to any person, any other person that is—

(i) directly or indirectly controlled by, under common control with, or controlling that person; or

(ii) named as being part of the same consolidated group in any report or other document submitted to the United States Securities and Exchange Commission or the Internal Revenue Service.

Source

2006–present 46 U.S.C. § 12119Shipping · Owners engaged primarily in leasing or financing transactions · in this section

After December 31, 1985, a foreign bank or other company to which subsection (a) applies on September 17, 1978, or on the date of the establishment of a branch in a State an application for which was filed on or before July 26, 1978, may continue to engage in nonbanking activities in the United States in which directly or through an affiliate it was lawfully engaged on July 26, 1978 (or on a date subsequent to July 26, 1978, in the case of activities carried on as the result of the direct or indirect acquisition, pursuant to a binding written contract entered into on or before July 26, 1978, of another company engaged in such activities at the time of acquisition), and may engage directly or through an affiliate in nonbanking activities in the United States which are covered by an application to engage in such activities which was filed on or before July 26, 1978; except that the Board by order, after opportunity for hearing, may terminate the authority conferred by this subsection on any such foreign bank or company to engage directly or through an affiliate in any activity otherwise permitted by this subsection if it determines having due regard to the purposes of this chapter and the Bank Holding Company Act of 1956 [12 U.S.C. 1841 et seq.], that such action is necessary to prevent undue concentration of resources, decreased or unfair competition, conflicts of interest, or unsound banking practices in the United States. Notwithstanding subsection (a) of this section, a foreign bank or company referred to in this subsection may retain ownership or control of any voting shares (or, where necessary to prevent dilution of its voting interest, acquire additional voting shares) of any domestically-controlled affiliate covered in 1978 which since July 26, 1978, has engaged in the business of underwriting, distributing, or otherwise buying or selling stocks, bonds, and other securities in the United States, notwithstanding that such affiliate acquired after July 26, 1978, an interest in, or any or all of the assets of, a going concern, or commences to engage in any new activity or activities. Except in the case of affiliates described in the preceding sentence, nothing in this subsection shall be construed to authorize any foreign bank or company referred to in this subsection, or any affiliate thereof, to engage in activities authorized by this subsection through the acquisition, pursuant to a contract entered into after July 26, 1978, of any interest in or the assets of a going concern engaged in such activities. Any foreign bank or company that is authorized to engage in any activity pursuant to this subsection but, as a result of action of the Board, is required to terminate such activity may retain the ownership of control of shares in any company carrying on such activity for a period of two years from the date on which its authority was so terminated by the Board. As used in this subsection, the term “affiliate” shall mean any company more than 5 per centum of whose voting shares is directly or indirectly owned or controlled or held with power to vote by the specified foreign bank or company, and the term “domestically-controlled affiliate covered in 1978” shall mean an affiliate organized under the laws of the United States or any State thereof if (i) no foreign bank or group of foreign banks acting in concert owns or controls, directly or indirectly, 45 per centum or more of its voting shares, and (ii) no more than 20 per centum of the number of directors as established from time to time to constitute the whole board of directors and 20 per centum of the executive officers of such affiliate are persons affiliated with any such foreign bank. For the purpose of the preceding sentence, the term “persons affiliated with any such foreign bank” shall mean (A) any person who is or was an employee, officer, agent, or director of such foreign bank or who otherwise has or had such a relationship with such foreign bank that would lead such person to represent the interests of such foreign bank, and (B) in the case of any director of such domestically controlled affiliate covered in 1978, any person in favor of whose election as a director votes were cast by less than two-thirds of all shares voting in connection with such election other than shares owned or controlled, directly or indirectly, by any such foreign bank.

Source

2015–present 12 U.S.C. § 3106Banks and Banking · Nonbanking activities of foreign banks · in this section

After December 31, 1985, a foreign bank or other company to which subsection (a) of this section applies on September 17, 1978, or on the date of the establishment of a branch in a State an application for which was filed on or before July 26, 1978, may continue to engage in nonbanking activities in the United States in which directly or through an affiliate it was lawfully engaged on July 26, 1978 (or on a date subsequent to July 26, 1978, in the case of activities carried on as the result of the direct or indirect acquisition, pursuant to a binding written contract entered into on or before July 26, 1978, of another company engaged in such activities at the time of acquisition), and may engage directly or through an affiliate in nonbanking activities in the United States which are covered by an application to engage in such activities which was filed on or before July 26, 1978; except that the Board by order, after opportunity for hearing, may terminate the authority conferred by this subsection on any such foreign bank or company to engage directly or through an affiliate in any activity otherwise permitted by this subsection if it determines having due regard to the purposes of this chapter and the Bank Holding Company Act of 1956 [12 U.S.C. 1841 et seq.], that such action is necessary to prevent undue concentration of resources, decreased or unfair competition, conflicts of interest, or unsound banking practices in the United States. Notwithstanding subsection (a) of this section, a foreign bank or company referred to in this subsection may retain ownership or control of any voting shares (or, where necessary to prevent dilution of its voting interest, acquire additional voting shares) of any domestically-controlled affiliate covered in 1978 which since July 26, 1978, has engaged in the business of underwriting, distributing, or otherwise buying or selling stocks, bonds, and other securities in the United States, notwithstanding that such affiliate acquired after July 26, 1978, an interest in, or any or all of the assets of, a going concern, or commences to engage in any new activity or activities. Except in the case of affiliates described in the preceding sentence, nothing in this subsection shall be construed to authorize any foreign bank or company referred to in this subsection, or any affiliate thereof, to engage in activities authorized by this subsection through the acquisition, pursuant to a contract entered into after July 26, 1978, of any interest in or the assets of a going concern engaged in such activities. Any foreign bank or company that is authorized to engage in any activity pursuant to this subsection but, as a result of action of the Board, is required to terminate such activity may retain the ownership of control of shares in any company carrying on such activity for a period of two years from the date on which its authority was so terminated by the Board. As used in this subsection, the term "affiliate" shall mean any company more than 5 per centum of whose voting shares is directly or indirectly owned or controlled or held with power to vote by the specified foreign bank or company, and the term "domestically-controlled affiliate covered in 1978" shall mean an affiliate organized under the laws of the United States or any State thereof if (i) no foreign bank or group of foreign banks acting in concert owns or controls, directly or indirectly, 45 per centum or more of its voting shares, and (ii) no more than 20 per centum of the number of directors as established from time to time to constitute the whole board of directors and 20 per centum of the executive officers of such affiliate are persons affiliated with any such foreign bank. For the purpose of the preceding sentence, the term "persons affiliated with any such foreign bank" shall mean (A) any person who is or was an employee, officer, agent, or director of such foreign bank or who otherwise has or had such a relationship with such foreign bank that would lead such person to represent the interests of such foreign bank, and (B) in the case of any director of such domestically controlled affiliate covered in 1978, any person in favor of whose election as a director votes were cast by less than two-thirds of all shares voting in connection with such election other than shares owned or controlled, directly or indirectly, by any such foreign bank.

Source

1994–2015 12 U.S.C. § 3106Banks and Banking · Nonbanking activities of foreign banks · in this section

As used in this subchapter, the term “affiliate” shall mean an entity effectively controlled or owned by the Corporation, except that such term shall not include a certified facility or an originator (as defined in paragraphs (3) and (7), respectively, of section 2279aa of this title).

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1994–1996 12 U.S.C. § 2279AABanks and Banking · Supervision, examination, and report of condition · as used in this subchapter

As used in this subchapter, the term “affiliate” shall mean an entity effectively controlled or owned by the Corporation, except that such term shall not include an originator (as defined in section 2279aa(7) of this title).

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1996–2018 12 U.S.C. § 2279AABanks and Banking · Supervision, examination, and report of condition · as used in this subchapter

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2018–present 12 U.S.C. § 2279AABanks and Banking · Supervision, examination, and report of condition · as used in this subchapter

Except as provided by the Director, the term “affiliate” means any entity that controls, is controlled by, or is under common control with, an enterprise.

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1994–present 12 U.S.C. § 4502Banks and Banking · Definitions · for purposes of this chapter

Except where otherwise specifically provided, the term “affiliate” shall include any corporation, business trust, association, or other similar organization—

(1) Of which a member bank, directly or indirectly, owns or controls either a majority of the voting shares or more than 50 per centum of the number of shares voted for the election of its directors, trustees, or other persons exercising similar functions at the preceding election, or controls in any manner the election of a majority of its directors, trustees, or other persons exercising similar functions; or

(2) Of which control is held, directly or indirectly, through stock ownership or in any other manner, by the shareholders of a member bank who own or control either a majority of the shares of such bank or more than 50 per centum of the number of shares voted for the election of directors of such bank at the preceding election, or by trustees for the benefit of the shareholders of any such bank; or

(3) Of which a majority of its directors, trustees, or other persons exercising similar functions are directors of any one member bank; or

(4) Which owns or controls, directly or indirectly, either a majority of the shares of capital stock of a member bank or more than 50 per centum of the number of shares voted for the election of directors of a member bank at the preceding election, or controls in any manner the election of a majority of the directors of a member bank, or for the benefit of whose shareholders or members all or substantially all the capital stock of a member bank is held by trustees.

Source

1994–present 12 U.S.C. § 221ABanks and Banking · Additional definitions · as used in this chapter

For purposes of this chapter, the term “affiliate” means any company that controls, is controlled by, or is under common control with another company.

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2013–present 12 U.S.C. § 1841Banks and Banking · Definitions · for purposes of this chapter

For purposes of this paragraph, the term "affiliate" has the meaning given such term by section 117(a)(4) of the Federal Alcohol Administration Act (27 U.S.C. 211(a)(4)) and includes a winery's parent or subsidiary or any other entity in which the winery's parent or subsidiary has an ownership interest.

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2005–present 26 U.S.C. § 5382Internal Revenue Code · Cellar treatment of natural wine · in this section

For purposes of this subsection, the term “affiliate” has the meaning of that term provided in the definition of “small business concern” in regulations promulgated by the Small Business Administration in accordance with the Small Business Act (15 U.S.C. 631 et seq.).

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2001–present 42 U.S.C. § 9607The Public Health and Welfare · Liability · under this section

For purposes of this subsection, the term “affiliate” means a business entity that has a relationship with a second business entity if, directly or indirectly—

(A) one business entity controls, or has the power to control, the other business entity; or

(B) a third party controls, or has the power to control, both of the business entities.

Source

2014–present 21 U.S.C. § 353Food and Drugs · Exemptions and consideration for certain drugs, devices, and biological products · in this section

The term “affiliate”—

(A) means any person or entity that controls, or is controlled by, or is under common control with, another person or entity; and

(B) may include any individual who is a director or senior management officer of an affiliate, a shareholder controlling more than 25 percent of the voting securities of an affiliate, or more than 25 percent of the ownership interest in an affiliate not organized in stock form.

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2000–present 47 U.S.C. § 1108Telegraphs, Telephones, and Radiotelegraphs · Definitions · in this chapter

the term “affiliate” has the meaning given to such term in section 371c of this title (but does not include any company described in section 1 (b)(2) of such section or any bank);

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1994–present 12 U.S.C. § 371CBanks and Banking · Restrictions on transactions with affiliates · in this section

The term “affiliate” has the meaning provided the term in section 1841(k) of title 12.

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2014–present 7 U.S.C. § 2016Agriculture · Issuance and use of program benefits · under this chapter

The term “affiliate” means a business entity that has a relationship with a second business entity (whether domestic or international) if, directly or indirectly—

(A) one business entity controls, or has the power to control, the other business entity; or

(B) a third party controls, or has power to control, both of the business entities.

Source

2004–present 21 U.S.C. § 379IFood and Drugs · Definitions · for purposes of this subpart

The term “affiliate” means—

(i) in a fiduciary or agency capacity without sole discretionary power to vote such securities; or

(ii) solely to secure a debt, if such entity has not in fact exercised such power to vote;

(i) in a fiduciary or agency capacity without sole discretionary power to vote such securities; or

(ii) solely to secure a debt, if such entity has not in fact exercised such power to vote;

(C) person whose business is operated under a lease or operating agreement by a debtor, or person substantially all of whose property is operated under an operating agreement with the debtor; or

(D) entity that operates the business or substantially all of the property of the debtor under a lease or operating agreement.

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2005–present 11 U.S.C. § 101Bankruptcy · Definitions · in this title

the term "affiliate" means a foreign bank that is controlled by or is under common control with a depository institution, credit union, or foreign bank; and

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2001–present 31 U.S.C. § 5318Money and Finance · Compliance, exemptions, and summons authority · under this section

The term “affiliate” means a member of the same affiliated group (within the meaning of section 1504(a) without regard to section 1504(b)).

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1994–present 26 U.S.C. § 865Internal Revenue Code · Source rules for personal property sales · for purposes of this section

The term “affiliate” means a person that controls, is controlled by, or is under common control with another person. A person controls, is controlled by, or is under common control with another person if—

(A) the person directly or indirectly, or acting through one or more others, owns, controls, or has the power to vote five percent or more of any class of voting securities of such other person;

(B) the person controls, in any manner, the election of a majority of the directors or trustees of such other person; or

(C) the Secretary determines (after notice and opportunity for a hearing) that the person directly or indirectly exercises a controlling interest over the management or policies of such other person's education loans.

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2008–present 20 U.S.C. § 1094Education · Program participation agreements · under this subchapter

The term “affiliate” means a person that (directly or indirectly) owns or controls, is owned or controlled by, or is under common ownership or control with, another person. For purposes of this paragraph, the term “own” means to own an equity interest (or the equivalent thereof) of more than 10 percent.

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1996–present 47 U.S.C. § 153Telegraphs, Telephones, and Radiotelegraphs · Definitions · for the purposes of this chapter

The term “affiliate” means an entity that controls, is controlled by, or is under common control with another entity.

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2021–present 31 U.S.C. § 5318Money and Finance · Compliance, exemptions, and summons authority · under this section

The term “affiliate” means any entity owned or controlled by, any person who owns or controls, or any entity which is under common ownership or control with an applicant, licensee, or any person required to be disclosed pursuant to section subparagraph (A) or (B) of section 1504(c)(2) of this title.

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2023–present 33 U.S.C. § 1502Navigation and Navigable Waters · Definitions · in this chapter

The term “affiliate” means any entity that, directly or indirectly, owns or controls, is owned or controlled by, or is under common ownership or control with, a Bell operating company. Such term shall not include a separated affiliate.

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1996–present 47 U.S.C. § 274Telegraphs, Telephones, and Radiotelegraphs · Electronic publishing by Bell operating companies · as used in this section

The term “affiliate” means any one of two or more persons if one of such persons has actual or legal control, directly or indirectly, whether by stock ownership or otherwise, of the other or others of such persons; and any one of two or more persons subject to common control, actual or legal, directly or indirectly, whether by stock ownership or otherwise.

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1994–present 27 U.S.C. § 211Intoxicating Liquors · Miscellaneous provisions · as used in this subchapter

The term "affiliate" means any person that controls, is controlled by, or is under common control with, a savings association, except as provided in section 1467a of this title.

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1994–present 12 U.S.C. § 1462Banks and Banking · Definitions · for purposes of this chapter

The term “affiliate” means any person who (other than by means of a franchise) controls, is controlled by, or is under common control with, any other person.

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1994–present 15 U.S.C. § 2801Commerce and Trade · Definitions · as used in this subchapter

The term “affiliate” means, with respect to an insurer, any person who controls, is controlled by, or is under common control with the insurer.

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2013 31 U.S.C. § 313Money and Finance · Terrorism and Financial Intelligence · in this section

The term “affiliate” means, with respect to any pharmacy benefit manager or PDP sponsor, any entity that, directly or indirectly—

(i) owns or is owned by, controls or is controlled by, or is otherwise related in any ownership structure to such pharmacy benefit manager or PDP sponsor; or

(ii) acts as a contractor, principal, or agent to such pharmacy benefit manager or PDP sponsor, insofar as such contractor, principal, or agent performs any of the functions described under subparagraph (C).

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2026–present 42 U.S.C. § 1395WThe Public Health and Welfare · Requirements for and contracts with prescription drug plan (PDP) sponsors · under this part

The term “affiliate” refers to the definition set forth in section 379g(11) of this title.

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2007–present 21 U.S.C. § 379JFood and Drugs · Definitions · for purposes of this subpart

The term “affiliate” refers to the definition set forth in section 379g(9) of this title.

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2003–2007 21 U.S.C. § 379JFood and Drugs · Definitions · for purposes of this subpart

The terms “affiliate”, “company”, “control”, and “subsidiary” have the meanings given those terms in section 1841 of this title.

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1999–present 12 U.S.C. § 24ABanks and Banking · Financial subsidiaries of national banks · for purposes of this section

The total acreage covered at any time by notices of intention to locate a mining claim under paragraph (2) filed by any person and by affiliates of such person may not exceed 6,400 acres of lands subject to this subchapter in any one State and 1,280 acres of such lands for a single surface owner. For purposes of this paragraph, the term “affiliate” means, with respect to any person, any other person which controls, is controlled by, or is under common control with, such person.

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1994–present 43 U.S.C. § 299Public Lands · Reservation of coal and mineral rights · under this subchapter