Edge Act

The Edge Act is a 1919 amendment to the United States Federal Reserve Act of 1913, codified at 12 U.S.C. §§ 611–631, which allows national banks to engage in international banking through subsidiaries chartered by the privately held Federal Reserve Bank. The act is named after Walter Evans Edge, a U.S. Senator from New Jersey who sponsored the original legislation for these types of subsidiaries. The impetus for the act was to give U.S. firms more flexibility to compete with foreign firms.

An Edge Act Corporation is a subsidiary of a bank or bank holding company or financial holding company, that is chartered by the Federal Reserve under Section 25A of the Federal Reserve Act, as amended in 1916 and 1919, to engage in foreign banking activities. The Federal Reserve Board authorizes U.S. and foreign banking and financial organizations to establish Edge Act Corporations. It also regulates and examines the foreign activities of Edge Act Corporations and their subsidiaries. Foreign banks operating in the U.S. are permitted to organize and own an Edge Act Corporation. An Edge Act Corporation is useful because, among other things, it separates the risks of domestic operations from those of international. Prior to 1919, U.S. institutions were not permitted to own foreign banks. An EAC can own branches in the U.S., but may only conduct transactions directly linked to international trade.

By virtue of historical developments and funding considerations, an Edge Act Corporation is a domestic subsidiary that is generally held by a U.S. Member Bank; however, it may also be held directly by the bank holding company or financial holding Company. As of the International Banking Act of 1978 (IBA), an Edge Act Corporation may also be held by a Foreign Bank.

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