Banking Law and Regulation: 2002 Statutory Supplement With Recent Developments

by Macey, Jonathan R.

• ISBN13: 9780735532380
• ISBN10: 0735532389
• Format: Paperback
• Copyright: 2002-01-01
• Publisher: Wolters Kluwer

Summary

If you want your Banking Law course to reflect the most recent developments in the industry And The regulatory strcuture that surrounds it, this updated statutory supplement is your ideal teaching tool. The well-respected authors draw on their extensive classroom experience to make sure their supplement contains everything you need to illustrate and demonstrate key concepts.

Table of Contents

Part I. Selected Provisions of the United States Code	1	(336)
Note on Federal Banking Statutes	3	(2)
Title 5. Government Organization	5	(1)
Administrative Procedure Act	5	(1)
Scope of Review	5	(1)
Title 11. Bankruptcy	5	(1)
Bankruptcy Code	5	(1)
Definitions	5	(1)
Subordination	6	(1)
Title 12. Banks and Banking	6	(1)
National Bank Act	6	(27)
Office of Comptroller of the Currency	6	(1)
Formation of National Banking Associations; Incorporators; Articles of Association	7	(1)
Organization Certificate	7	(1)
Corporate Powers of Associations	7	(5)
Financial Subsidiaries of National Banks	12	(5)
Comptroller to Determine if Association Can Commence Business	17	(1)
Certificate of Authority to Commence Banking	18	(1)
Power to Hold Real Property	18	(1)
Change of Name or Location	19	(1)
Organization of State Banks as National Banking Associations	19	(1)
Branch Banks	19	(3)
Interpretations Concerning Preemption of Certain State Laws	22	(1)
Election	23	(1)
Qualifications	23	(1)
Place of Business	24	(1)
Loans on or Purchase by Bank of Own Stock	24	(1)
Lending Limits	24	(2)
Rate of Interest on Loans, Discounts and Purchases	26	(1)
Usurious Interest; Penalty for Taking; Limitations	27	(1)
Depositaries of Public Moneys and Financial Agents of Government	27	(1)
Transfers by Bank and Other Acts in Contemplation of Insolvency	28	(1)
Acting as Insurance Agent or Broker	28	(1)
Trust Powers	29	(1)
Violations of Provisions of Act	30	(1)
Authority to Prescribe Rules and Regulations	30	(1)
Appointment of Federal Deposit Insurance Corporation as Receiver	30	(1)
Appointment of Conservator	30	(1)
Conservator; Powers and Duties	31	(1)
Procedure for Conversion, Merger, or Consolidation; Vote of Stockholders	31	(2)
National Bank Consolidation and Merger Act	33	(4)
Consolidation of Banks Within the Same State	33	(2)
Merger of National Banks or State Banks into National Banks	35	(2)
Interstate Consolidations and Mergers	37	(1)
Mergers, Consolidations, and Other Acquisitions Authorized	37	(1)
Federal Reserve Act	37	(17)
Federal Reserve Board	37	(1)
Application for Membership	37	(1)
Dealing in Investment Securities; Limitations and Conditions	38	(1)
Real Estate Loans	38	(1)
Payment of Interest on Demand Deposits	38	(1)
Banking Affiliates	38	(6)
Restrictions on Transactions With Affiliates	44	(2)
Loans to Executive Officers of Banks	46	(1)
Extensions of Credit to Executive Officers, Directors, and Principal Shareholders of Member Banks	47	(4)
Dealers in Securities Engaging in Banking Business; Individuals or Associations Engaging in Banking Business; Examinations and Reports; Penalties	51	(1)
Authorization; Conditions and Regulations	52	(1)
Accounts of Foreign Branches; Profit and Loss	53	(1)
Regulations Authorizing Exercise by Foreign Branches of Usual Powers of Local Banks; Restrictions	53	(1)
Edge Act	54	(3)
Formation Authorized; Fiscal Agents; Depositaries in Insular Possessions	54	(1)
Statement of Purposes; Rules and Regulations	54	(1)
Powers of Corporation	55	(1)
Place of Carrying on Business; When Business May Be Begun	56	(1)
Home Owners' Loan Act	57	(35)
Definitions	57	(1)
Director of the Office of Thrift Supervision	57	(1)
Supervision of Savings Associations	58	(1)
Federal Savings Associations	58	(17)
Regulation of Holding Companies	75	(17)
Federal Credit Union Act	92	(10)
Definitions	92	(1)
Powers	93	(5)
Limitation on Member Business Loans	98	(1)
Membership	99	(3)
Federal Deposit Insurance Act	102	(113)
Federal Deposit Insurance Corporation	102	(1)
Management	102	(1)
Definitions	103	(5)
Deposit Insurance	108	(1)
Factors to Be Considered	108	(1)
Assessments	108	(1)
Enforcement	109	(17)
Corporate Powers	126	(1)
Administration of Corporation	127	(2)
Insurance Funds; Conservatorship and Receivership Powers of Corporation	129	(28)
Corporation as Receiver	157	(1)
Corporation Monies	158	(7)
Regulations Governing Insured Depository Institutions	165	(10)
Prudential Safeguards	175	(1)
Nondiscrimination	176	(1)
Activities of Insured State Banks	176	(3)
State-Chartered Insured Depository Institutions and Insured Branches of Foreign Banks	179	(1)
Activities of Savings Associations	180	(2)
Brokered Deposits	182	(2)
Agency Disapproval of Directors and Senior Executive Officers of Insured Depository Institutions or Depository Institution Holding Companies	184	(1)
Prompt Corrective Action	185	(12)
Standards for Safety and Soundness	197	(2)
Interstate Bank Mergers	199	(5)
Authority of State Insurance Regulator and Securities and Exchange Commission	204	(1)
Safety and Soundness Firewalls Applicable to Financial Subsidiaries of Banks	205	(1)
Insurance Customer Protections	205	(4)
CRA Sunshine Requirements	209	(3)
Withdrawals by Negotiable or Transferable Instruments for Transfers to Third Parties	212	(1)
Prohibition Against Deposit Production Offices	213	(2)
Bank Holding Company Act of 1956	215	(43)
Definitions	215	(9)
Acquisition of Bank Shares or Assets	224	(6)
Interests in Nonbanking Organizations	230	(19)
Administration	249	(7)
Reservation of Rights to States	256	(1)
Judicial Review	256	(1)
Limitation on Rulemaking; Prudential, Supervisory, and Enforcement Authority of the Board	256	(1)
Acquisition of Subsidiary, Nonbanking Activity or Business, and Tying Arrangement; Federal Reserve Board Proceedings; Application for Authorization; Competitor as Party in Interest and Person Aggrieved; Judicial Review	257	(1)
Bank Holding Company Act Amendments of 1970	258	(2)
Definitions	258	(1)
Certain Tying Arrangements Prohibited; Correspondent Accounts	258	(2)
Civil Actions by Persons Injured; Jurisdiction and Venue; Amount of Recovery	260	(1)
Injunctive Relief for Persons Against Threatened Loss or Damages; Equitable Proceedings; Preliminary Injunctions	260	(1)
Community Reinvestment Act of 1978	260	(5)
Congressional Findings and Statement of Purpose	260	(1)
Definitions	261	(1)
Financial Institutions; Evaluation	262	(1)
Written Evaluations	263	(2)
Small Bank Regulatory Relief	265	(1)
International Banking Act of 1978	265	(18)
Definitions	265	(2)
Establishment of Federal Branches and Agencies by Foreign Bank	267	(4)
Interstate Banking by Foreign Banks	271	(3)
Insurance of Deposits	274	(2)
Authority of Federal Reserve System	276	(3)
Nonbanking Activities of Foreign Banks	279	(2)
Compliance with State and Federal Laws	281	(1)
Regulation and Enforcement	281	(1)
Cooperation with Foreign Supervisors	282	(1)
International Lending Supervision Act of 1978	283	(1)
Capital Adequacy	283	(1)
Title 15. Commerce and Trade	284	(1)
Federal Trade Commission Act	284	(1)
Unfair Methods of Competition Unlawful; Prevention by Commission	284	(1)
Securities Exchange Act of 1934	284	(13)
Definitions and Application	284	(7)
Note. Definition of Identified Banking Product	291	(1)
Records and Reports	292	(5)
Investment Company Act of 1940	297	(10)
Definition of Investment Company	297	(6)
Subclassification of Management Companies	303	(1)
Registration of Investment Companies	304	(1)
Transactions of Certain Affiliated Persons and Underwriters	304	(1)
Reports and Financial Statements of Investment Companies and Affiliated Persons	305	(1)
Breach of Fiduciary Duty	305	(2)
Rules, Regulations, and Orders	307	(1)
McCarran-Ferguson Act	307	(1)
Declaration of Policy	307	(1)
Regulation by State Law; Federal Law Relating Specifically to Insurance; Applicability of Certain Federal Laws After June 30, 1948	307	(1)
Gramm-Leach-Bliley Act	308	(18)
Operation of State Law	308	(8)
Functional Regulation of Insurance	316	(1)
Insurance Underwriting in National Banks	316	(1)
Title Insurance Activities of National Banks and Their Affiliates	317	(1)
Expedited and Equalized Dispute Resolution for Federal Regulators	318	(1)
Protection of Nonpublic Personal Information	319	(1)
Obligations with Respect to Disclosures of Personal Information	319	(2)
Disclosure of Institution Privacy Policy	321	(1)
Rulemaking	322	(1)
Enforcement	323	(2)
Privacy Protection for Customer Information of Financial Institutions	325	(1)
Provisions of the Code of Federal Regulations	326	(1)
12 C.F.R.	326	(11)
Authority, Purpose, and Scope	326	(1)
Definitions	326	(3)
Limitations on Dealing In, Underwriting, and Purchase and Sale of Securities	329	(2)
Minimum Capital Ratios; Issuance of Directives	331	(6)
Part II. Recent Developments	337	(40)
Entry into the Business of Banking	339	(2)
Regulation of the Banking Business	341	(6)
Safety and Soundness Safeguards	347	(4)
Geographic Limitations	351	(2)
Affiliations Between Banks and Other Companies	353	(6)
Insurance and Securities Powers of Banking Institutions	359	(2)
Examination and Enforcement	361	(2)
Bank Failure	363	(14)
International Banking	377