Code of Maine Rules
02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION
029 - BUREAU OF FINANCIAL INSTITUTIONS
Chapter 135 - PERMISSIBLE TIE-IN ARRANGEMENTS (REG. 35)
Section 029-135-IV - GENERAL PROVISIONS OF THE REGULATION

Universal Citation: 02 ME Code Rules ยง 029-135-IV

Current through 2024-38, September 18, 2024

A. A financial institution authorized to do business in this State or any of its affiliates may not tie a product, service, or the price of either to another product or service offered by the financial institution or by any of its affiliates, except as provided in Title 9-B MRSA §243 or in accordance with the following exceptions. Exceptions #1 through #4 are identical to those adopted by the FRB in its Regulation Y, 12 CFR 225.7(b)(1) through (b)(4); exception #5 provides a means for the Bureau to adopt future exceptions, if any, authorized by the FRB.

1. Traditional bank products. See 12 CFR 225.7(b)(1) for details.

2. Securities brokerage services. See 12 CFR 225.7(b)(2) for details.

3. Discounts on tie-in arrangements not involving financial institutions. See 12 CFR 225.7(b)(3) for details.

4. Safe harbor for combined-balance discounts. See 12 CFR 225.7(b)(4) for details.

5. The tying of products or services or the price of either by a financial institution or any of its affiliates, as authorized by the FRB under section 106 of the Bank Holding Company Act of 1970 or Regulation Y, that the Superintendent finds is consistent with the public interest and is not contrary to the purposes of Title 9-B MRSA §243.

B. The exceptions granted in IV(A) shall only apply if all products involved in the tying arrangement are separately available for purchase.

C. Any exception to the tying granted pursuant to this rule shall terminate upon a finding by the Superintendent that the arrangement constitutes an anticompetitive or deceptive trade practice under Title 9-B MRSA Chapter 24.

D. The exceptions granted in Paragraph A do not give financial institutions authorized to do business in this State authority to engage in any activity or offer any product or service that is not permissible under State law.

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