Securities Activities of Banks in the GLB Era - Cleary Gottlieb Steen ...

the bridge loan is made to purchase the loan (or a participation
in the loan) from the affiliate.
F. Internal Controls to Ensure Compliance with the Anti-tying Statute
1. Anti-tying Policies, Procedures and Systems
a. Scope of Policies
(i) A bank’s anti-tying policies and procedures should
describe the scope of the Anti-tying Statute and
prohibited tying arrangements. A bank should ensure
that its policies (including those concerning credit
approval, new product approval and pricing, and
marketing) reflect the Statute’s prohibitions and:
(A) Permit personnel with questions concerning the
Statute or its application to a particular
transaction to discuss the issue with the bank’s
compliance or legal department.
(B) Include procedures for the receipt, handling and
resolution of customer complaints alleging a
violation of the Statute.
(C) Prohibit any employee from taking adverse
action against a customer because the customer
submitted a complaint to the bank or a federal
banking agency.
(ii) While the type of anti-tying policies, procedures and
systems appropriate for a particular bank depends on
the size of the bank, and the nature, scope and
complexity of the bank’s activities (including activities
conducted in conjunction with affiliates), in general the
following compliance principles/strategies should be
considered:
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