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Subject Index

Principal Subject Index Headings

A  |  B  |  C  |  D  |  E  |  F  |  G  |  H  |  I  |  J  |  K  |  L  |  M  |  N  |  O  |  P  |  R  |  S  |  T  |  U  |  V  |  W
C
Calls—See Options.
Capital
Adequacy, 3-159; 3-672.26 et seq.; 3-1506.33; 3-2100 et seq.
Accounting—See Accounting procedures.
Advanced approaches, 3-1506.33
Framework for implementing the countercyclical capital buffer, 3-2800
Affiliates, functionally regulated; Federal Reserve Board authority over limited, 1-401.7 et seq.
Bank holding companies, acquisitions by
Definitions as to, 4-010.1; 4-065.3
Functionally regulated subsidiary, 4-084.2; 4-084.4
Small holding companies, depository subsidiaries of, 4-868
Correspondents, 3-015 et seq.
Directives to maintain, 3-672.27; 8-088.1 et seq.; 8-101.1
Foreign bank, report on equivalence of, 1-570.8
Guidelines
Bank holding companies, 3-2100 et seq.; 3-2110; 3-2500 et seq.; 4-058.9 et seq.
Board-regulated institutions, 3-2100 et seq.
Frequently asked questions on the regulatory capital rule, 3-1506.31
Internal-ratings-based and advanced measurement approaches (Basel II), 3-2200 et seq.
Leverage measure, 3-2110 et seq.
Market-risk measure, 3-2301 et seq.
Risk-based measure, 3-2130 et seq.; 4-058.9 et seq.
State member banks, 3-2100 et seq.
Tier 1 leverage measure, 3-2110 et seq.
Interagency statement, deduction methodology for investments in Volcker rule covered funds, 3-1506.32
Interagency statement, regulatory capital treatment of certain centrally-cleared derivative contracts, 3-1506.313
International operations of U.S. banking organizations, well capitalized, 3-504
Interstate mergers, 1-401.58
Pillars, 3-1506.33
Rating system, uniform, 3-1575
Regulations, authority to issue, 1-400.77
Required minimum level, definition, 1-400.44; 3-2110
Standards for insured depository institutions, 1-400.45; 1-400.46
See also Deposit insurance, this heading.
Compliance plans, 1-401.13 et seq.; 8-096.2 et seq.
Financial holding companies, subsidiaries of—See Financial holding companies.
Periodic review of, 1-398.23
Undercapitalization—See Undercapitalization, this heading.
Uniformity among federal agencies, 1-400.33; 1-400.34
State member banks, 3-159
Supervisory assessment of capital planning and positions for
Large and noncomplex firms, 3-1506.312
LISCC firms and large and complex firms, 3-1506.311
Supervisory review, 3-1506.33
Affiliate–member bank relations; capital stock and surplus, definition, 3-1116; 3-1170
Asset-backed securities, risk-based measure
Bank holding companies, 3-2141 et seq.; 4-058.913
Board-regulated institutions, 3-2141 et seq.
Commercial paper liquidity facilities, 3-2141 et seq.
State member banks, 3-2141 et seq.
Bank holding companies
Adequacy—See Adequacy, this heading.
Debt, subordinated and mandatory convertible, 3-1506.3
Bank loans to provide working capital, 5-807
Categories
Adjustments to, 3-331
Authority to define, 1-400.45
Definitions, 1-400.41; 3-332; 3-405
Well capitalized, as to international banking, 3-504
Disclosure of in advertisement or promotional, 3-326
Notice of, 3-330
Reclassification based on unsafe or unsound practices, 8-094.9 et seq.
Collateral, risk-based measure—See also Internal-ratings-based and advanced measurement approaches, this heading.
Bank holding companies, 3-2137 et seq.; 4-058.913
Board-regulated institutions, 3-2137 et seq.
State member banks, 3-2137 et seq.
Contributions
Bank loans for—See Securities credit by banks and persons other than brokers and dealers.
Broker-dealers, credit by—See Credit by brokers and dealers.
Joint venture, as extension of securities credit, 5-819
National banks, by; to Federal National Mortgage Association, 1-298
Corrective action for undercapitalization—See Undercapitalization, this heading.
Correspondents, interbank liabilities, 3-015 et seq.
Credit-enhancing interest-only strips receivables
Risk-based measure, deductions, 3-2122; 4-058.911
Debentures as capital, capital stock, or surplus, 3-1504.5
Debt, subordinated and mandatory convertible
Bank holding companies, 4-058.91
Issuance and retirement; approval authority, 8-108.8; 8-121.97
State member banks, 3-1506.3
Deductions from
Bank holding companies, 3-2122; 4-058.911
State member banks, 3-2122
Deferred tax assets, deductions
Bank holding companies, 3-2122; 4-058.911
Board-regulated institutions, 3-2122
State member banks, 3-2122
Definition, 3-501
Capital stock and surplus
Affiliate–member bank relations, as to, 3-1116; 3-1170
State member banks, of, 3-152
Capital surplus, 3-160
Notes and debentures as capital, capital stock, or surplus, 3-1504.5
Permanent capital, 3-160
Deposit insurance
Certification, as factor to be considered for, 1-338
Termination, 1-355.5
Direct-credit substitutes, risk-based measure
Bank holding companies, 4-058.913
Off-balance-sheet items, 4-058.915
Distributions, by insured depository institutions, 1-400.47
Definition, 1-400.43
Holding company of undercapitalized institution, by, 1-400.6
State member banks subject to restrictions, 3-340
Edge corporations—See Edge corporations.
Equity investments, nonfinancial; deductions
Bank holding companies, 3-2122; 4-058.911
State member banks, 3-2122
Equity-linked contracts, risk-based measure, 3-2255
Federal National Mortgage Association, contributions to, 1-298
Federal Reserve Bank capital stock—See Capital stock of Reserve Banks.
Federal Reserve Banks, minimum to commence business, 1-016
Federal Reserve System membership, amount required for, 1-064
Financial holding companies, subsidiaries of; requirements—See Financial holding companies.
Foreign bank
Capital, report on equivalence of, 1-570.8
Financial holding company, as; capital requirements, 4-056.91
See also Financial holding companies.
Foreign banking, corporations engaged in—See Edge corporations.
Forward agreements, risk-based measure
Bank holding companies, 3-2133; 4-058.915
Board-regulated institutions, 3-2133
State member banks, 3-2133
Guarantees, risk-based measure—See also Internal-ratings-based and advanced measurement approaches, this heading.
Bank holding companies, 3-2136, 3-2234 et seq.; 4-058.913
Board-regulated institutions, 3-2136, 3-2234 et seq.
State member banks, 3-2136, 3-2234 et seq.
Hybrid instruments, risk-based measure
Bank holding companies, 4-058.91
Impairment, 1-306; 1-307
Insured depository institutions—See also Deposit insurance, this heading, and this heading generally.
State, conversion into; capital stock requirements, 1-396; 1-397
Interest-only strips receivables, credit-enhancing, 3-2101
Internal-ratings-based and advanced measurement approaches, 3-2200 et seq.
Disclosures, required, 3-2271 et seq.
Double-default treatment, 3-2235
Internal models approach, 3-2253
Qualification process, 3-2221 et seq.
Risk-weighted assets, calculating—See also specific approach, this heading.
Collateral haircuts, 3-2145; 3-2232; 3-2245
Credit risk, 3-2231 et seq.
Derivatives, 3-2232 et seq.; 3-2255
Equity exposures, 3-2251 et seq.
Guarantees, 3-2234; 3-2235
Loans, eligible margin, 3-2232
Operational risk, 3-2261; 3-2262
Repo-style transactions, 3-2232
Securitization exposures, 3-2241 et seq.
Simple risk-weight approach, 3-2252
Supervisory formula approach, 3-2243
International operations of U.S. banking organizations, well capitalized, 3-504
Leverage ratio, definition, 3-328
Measure, capital adequacy, 3-2110 et seq.
Tier 1, 3-2110 et seq.
Market risk, capital adequacy, 3-2301 et seq.
Measures, 3-332
See also Adequacy at Guidelines, this heading.
National banks
Acquisition and retirement of capital stock, 3-1505
Discounts on security of own capital stock, 1-302
Federal National Mortgage Association, contributions to, 1-298
Foreign branches, capital required to exercise powers, 1-217
Impairment, 1-306; 1-307
Loans on security of own capital stock, 1-302
Preferred stock, 1-307
Reduction of capital, 1-261
Withdrawal prohibited, 1-305
Net debit caps, calculation of, 9-1017
Notes as capital, capital stock, or surplus, 3-1504.5
Off-balance-sheet items, risk-based measure
Bank holding companies, 3-2133; 4-058.912; 4-058.915
Board-regulated institutions, 3-2133
State member banks, 3-2133
Permanent capital, definition, 3-160
Recapitalization of undercapitalized institution, 1-400.57
See also Restoration plan, this heading.
Reciprocal holdings, deduction
Bank holding companies, 3-2122; 4-058.911
Board-regulated institutions, 3-2122
State member banks, 3-2122
Reclassifications, 3-333
Recourse obligations, risk-based measure
Bank holding companies, 4-058.913
Reduction of capital stock, authority to approve, 8-108.8; 8-121.94
Residual interests, risk-based measure
Bank holding companies, 4-058.913
Restoration plans, 1-400.5 et seq.; 3-334 et seq.
Definition, 1-400.44
Failure to submit and implement, 1-400.56 et seq.; 3-336; 3-337
Guarantee by controlling companies, 3-338; 3-339
Retirement of capital stock, 3-1505
Risk-based measure, capital adequacy, 3-2110 et seq.; 3-2701 et seq.; 4-058.9 et seq.
Risk-weighted assets, definition, 3-328
Savings associations, deposit insurance, 1-355.5
Small-business obligations, risk-based measure
Bank holding companies, 3-2142; 4-058.913
Board-regulated institutions, 3-2142
State member banks, 3-2142
Standards—See Adequacy, this heading.
State member banks—See also this heading generally.
Acquisition and retirement of capital stock, 3-1505
Adequacy of capital—See Adequacy, this heading.
Definition, capital stock and surplus, 3-152
Distributions, 3-163
Federal Reserve membership, requirements, 1-059
Impairment, 1-307
Withdrawal, limitation on, 3-162
Subsidiaries, investments in; deductions, 3-2122; 4-058.911
Surplus capital, definition, 3-160
Tangible equity, definition, 3-329
Tier 1 capital, deductions of investments in Volcker rule covered funds from, 3-1506.32; 3-2122; 3-3761
Tier 1 capital, definition, 3-329
Tier 1 leverage measure, capital adequacy, 3-2110 et seq.
Tier 1 risk-based capital ratio, definition, 3-329
Total assets, definition, 3-329
Total risk-based capital ratio, definition, 3-329
Undercapitalization
Advances by Federal Reserve Banks to undercapitalized institutions restricted, 2-026 et seq.
Asset transfers, limitation on claims concerning, 1-398.29
Categories defined, 1-400.41; 3-332; 3-405
Authority to define, 1-400.45
Corrective action, 1-400.49 et seq.; 3-325 et seq.; 3-405
See also Insured depository institutions, at specific type of action.
Critically undercapitalized, 1-400.67 et seq.; 3-340 et seq.
Orders, procedures for issuance and review of, 8-094.3 et seq.; 8-101.4
Significantly undercapitalized, 1-400.56 et seq.; 3-340 et seq.
Management fees resulting in prohibited, 1-400.48
Definition of ``management fee,'' 3-328
State member banks subject to restrictions, 3-340
Undivided profits, 3-1505.1
Uniform Financial Institutions Rating System, 3-1575
Weighted-risk assets, computing—See also Internal-ratings-based and advanced measurement approaches, this heading.
Bank holding companies, 3-2130; 3-2200; 4-058.912
Board-regulated institutions, 3-2130; 3-2200
State member banks, 3-2130; 3-2200
Working, loans to provide; bank credit for margin stocks, 5-807
Capital stock of Reserve Banks, 3-460 et seq.
Cancellation, 3-463; 3-464
Certification of dates and prices, 3-469
Consolidation, 3-464
Insolvency
Withdrawal from membership, effecting, 1-046
Location, change in, 3-464
Merger, 3-464
Payment for, 3-468
Record of, 3-469
Withdrawal from membership, effecting, 1-045
Insolvent member bank, 1-046
Capital stock and surplus
Definition, 3-465
Increase or decrease, 3-465; 3-480; 3-490
Consolidation of member banks, 3-464; 3-491
Conversion of national bank into state bank, 3-492
Decrease, 1-045
Capital, 3-465; 3-480; 3-490
Deposits of mutual savings bank, 3-490
Mutual savings bank deposits, 3-490
Surplus, 3-490
Forfeiture of membership, 3-463; 3-485
Increase, 1-045
Capital, 3-465; 3-480; 3-490
Mutual savings bank deposits, 3-490
Surplus, 3-490
Insolvency, 3-481
Liability of stockholding banks, 1-007
Liquidation of member bank, voluntary, 3-463
Location of bank, 3-462
Ambiguity, delegated authority to determine in cases of, 8-106.5
Change in, exchange of stock, 3-464
Member banks
Consolidations, 3-464; 3-491
Liquidation, voluntary, 3-463
Membership
Forfeiture, 3-463; 3-485
Withdrawal from, voluntary, 3-463; 3-464; 3-486
Mergers, 3-464; 3-491
State banks as, 3-483 et seq.
Merger of member banks, 3-464; 3-491
Mutual savings bank
Admission to membership, 3-487
Amount of subscription, 3-466
Deposits of, increase or decrease, 3-490
Member bank, becoming, 3-461
National banks
Conversion into state bank, 3-492
Discontinuing banking operations, 3-482
Location of, 3-462
Ambiguity, delegated authority to determine in cases of, 8-106.5
New national bank, 3-489
Organization, in process of, 3-461
Subscription by, 3-478
Payments
Cancellations, for, 3-468
Subscriptions, for, 3-467
Public offering, 1-011
Limitation on amount to single subscriber, 1-012
Record of share position, 3-469
Shares
Certification, 3-469
Division into, 1-045
Register, 3-469
State member banks, 3-483 et seq.
Converting into, 1-054; 3-461; 3-489
Location of, 3-462
Ambiguity, delegated authority to determine in cases of, 8-106.5
Membership
Application, 3-483
Withdrawal—See Withdrawal from membership, voluntary, this heading.
Subscription to stock
Amount, 3-465
Decrease in capital and surplus, 3-465; 3-480; 3-490
Increase in capital and surplus, 3-465
National banks, by, 3-478
On call, to be payable, 1-058
Payment, 3-467; 3-484
Surplus
Decrease, 3-490
Increase, 3-490
Surrender, 1-045
Time extension, authority to grant, 8-121.1
Tax exemption, 1-050
Termination of membership
Involuntary, 3-463
Voluntary—See Withdrawal from membership, voluntary, this heading.
Transfer, 1-015; 3-479
United States, allotted to, 1-013
Voting rights, only for member banks, 1-014
Withdrawal from membership, voluntary, 3-463; 3-464; 3-486
Time extension for stock surrender, 8-121.1
CashSee also Coinage; Currency; Money.
Accounts—See Cash accounts.
Items—See Cash items.
Mergers—See Tender offers.
Securities transactions, jurisdiction of Committee of Exchange over, 5-478
Vault—See Reserve requirements, at Vault cash.
Cash accounts, 5-426; 5-497 et seq.; 5-615.9 et seq.; 5-704 et seq.
Asset-backed pass-through securities, delayed delivery, 5-615.956
Backup withholding, 5-615.91
British Telecommunications offering, 5-615.92
Cancellation of transaction, 5-428
Checks, payment of; ninety-day freeze provision, 5-505
COD transactions—See Delivery against payment, this heading.
Day trading, 5-615.96; 5-942.22
Delayed delivery
Asset-backed pass-through securities, 5-615.956
Ninety-day freeze, 5-615.958
Delivery against payment, 5-428; 5-501; 5-615.958; 5-942.22
Foreign securities, 5-638.5; 5-638.53
Margin requirements, attempt to evade, 5-707
Prompt payment, 5-714
Purchase price deposited with custodians, 5-704
Special memorandum account, use of for, 5-616.11
Deposit
Extension of time after expiration of original limit, 5-480
Five-day rule of New York Stock Exchange, 5-708; 5-709
Liquidation in lieu of, 5-639; 5-640
Endowment funds of state educational institution, prompt payment, 5-713
Escrow agreements and receipts—See Options.
Exempted securities, purchase and sale of, 5-628.11; 5-628.17
Extension of time for payment in, 5-430; 5-478; 5-480; 5-629 et seq.
Business conduct committee of national exchange, jurisdiction of, 5-478
De minimis amount, 5-631.01
Trust, blanket extension of time to, 5-629
Fail float, 5-706
Custodian bank to scrutinize transactions for evasion, 5-715
Five-day rule of New York Stock Exchange, prompt payment and deposit, 5-708; 5-709
See also Prompt payment and deposit, this heading.
Foreign securities, delivery-against-payment transactions, 5-638.5
Freeze provision, ninety-day—See Ninety-day freeze provision, this heading.
Government securities, sale of; proceeds used to purchase other securities, 5-616.1
Installment sales, limited partnerships, 5-717
Letters of credit, 5-718
Limited partnerships, installment sales, 5-717
Liquidation in lieu of deposit, 5-428; 5-639
Cancellation, or, 5-641.12
De minimis amount, 5-631.01; 5-708.1
Extension of time—See Extension of time for payment in, this heading.
Maintenance margin requirements, 5-648
Promptness, 5-640
Mailing as withdrawal, 5-505
Minimum amount due, creditor may disregard, 5-428
Aggregating debits prohibited, 5-616.12
Mortgage-related securities, when-issued; net settlement, 5-615.952
Municipal employees' retirement or pension system purchases, prompt payment, 5-504
Mutual funds, 5-705
Liquidation to pay for stock purchase, 5-615.951
Prompt payment for shares, 5-506
Ninety-day freeze provision, 5-502
Check, payment of, 5-505
Delivery against payment, cash account, 5-615.958
De minimis amount, 5-615.93
Letter of free funds, 5-615.96
Money market account, in-house; redemption of funds in, 5-615.98; 5-615.99
Mutual funds
Liquidation to pay for stock purchase, 5-615.951
Prompt payment for shares, 5-506
Nonexempted security, sale of, 5-429
Prompt payment, failure to make, 5-503
Same-day purchase and sale, 5-616.13; 5-616.14
Repurchase of same security, 5-616.15
Simultaneous sell order, 5-615.954
Uncollected sums under $100 may be disregarded, 5-710
Options, escrow agreements and receipts—See Options.
Pass-through asset-backed securities, delayed delivery, 5-615.956
Payment
Additional time for, 5-501
Frequent trading, 5-616.18
Prompt—See Prompt payment and deposit, this heading.
Sale of other security, by, 5-497; 5-498
Pension fund, purchase of securities in, 5-706
Prompt payment and deposit, 5-499
Check, payment of, 5-505
COD transactions, 5-714
Dates, selection, 5-615.957
Endowment funds of state educational institution, 5-713
Five-day rule of New York Stock Exchange, 5-708; 5-709
Freeze provision—See Ninety-day freeze provision, this heading.
Minimum amount due, creditor may disregard, 5-428
Aggregating debits prohibited, 5-616.12
Municipal employees' retirement or pension system purchases, 5-504
Mutual funds shares, for, 5-506
Necessity, 5-504
Sale and repurchase of security, 5-616.15
Third-market purchases, 5-714
Repurchase agreements, use of cash account for, 5-616.17
Repurchase of security, 5-616.15
Retirement plans in trust, blanket time extensions, 5-629
Sale and repurchase of security, 5-616.15
Sale of other security, payment by, 5-497; 5-615.94
Government securities, 5-616.1
Not deposited in account, 5-498
Sale of same security, payment by, 5-616
Same-day purchase and sale, 5-616.16
See also Ninety-day freeze provision, this heading.
Shipment of securities, 5-428; 5-500
Short sales, 5-615.21
Statement, customer's; labeling on, 5-695
Subscriptions, 5-711
Third-market purchases, prompt payment, 5-714
Time limit for payment, 5-427; 5-428
Extensions, 5-430; 5-480
Blanket, retirement plans in trust, 5-629
Transfer of transaction, 5-430
Unissued securities, 5-718.1
Hospital bonds, 5-718.2
Unpaid-for stock, liquidation—See Liquidation in lieu of deposit, this heading.
Withdrawal, mailing as, 5-505
Cash items
Collection, in process of
Deposit insurance reporting, inclusion with deposits for, 1-342
Reserve requirements—See Reserve requirements.
Federal Reserve Bank collection services
Availability of funds and credit for items received, 9-796
Definition as to, 9-776
Operating circulars governing handling of, 9-780
Payment of, 9-793.01
Return of, by paying banks, 9-799
Warrants payable by states and political subdivisions, direct presentment of, 9-807
Reserve requirements—See Reserve requirements.
Casinos—See Currency and foreign transactions.
CDs—See Certificates of deposit.
Cease-and-desist orders
Bank holding companies, 4-017
See also Federal Reserve Board orders, this heading.
Federal Reserve Board orders
Amendments of, approval authority, 8-105
General counsel, Board's; delegated authority, 8-107.4
Hearings—See Hearings, generally.
Relief from, applications for; refusal authority, 8-108
Violations, policy on assessing civil money penalties, 3-1605
Hearings, rules of practice and procedure—See Hearings, generally.
Insured depository institution disciplinary action, 1-356 et seq.
Appeal procedures, 1-373
Bank holding companies, applicability to, 1-358
Enforcement, period of, 1-357; 1-360
Foreign banks, applicability to, 1-359
Grounds for, 1-356; 1-360
Injunctions
Enforce, to, 1-362
Set aside, to, 1-361
Relief from, applications for; authority over, 8-108; 8-121.4
Removal of institution-affiliated parties, 1-363 et seq.
Interlocking directorates among financial institutions, violations, 1-409
Final status, time limit for, 1-411
Modification or setting aside, 1-412
Rehearing ordered for, 1-413
Central banks—See also Federal Reserve Board.
Definition, as to foreign open market operations, 1-257; 9-835
Federal Reserve Bank dealings with, 7-070 et seq.
Accounts payable in foreign currency, 7-075; 7-087
Audits of, General Accounting Office authority, 3-672.34
Banker's acceptances purchased for, termination of guarantee authority, 7-085
Credit information, furnishing of, 7-092
One-way accounts establishment, permission required, 7-084
Property received from, 1-254
Federal Reserve Board, audits of transactions with; General Accounting Office authority, 3-672.34
FedNow transfers, applicability of Regulation J to, 9-829; 9-880.3
Fedwire transfers, applicability of Regulation J to, 9-813; 9-853
Foreign bank, not defined as for purposes of Regulation K, 3-581
Insured banks receiving property of, 1-255
Licenses relating to property of, 1-256
Payment system risk in offshore system; central bank cooperation in reducing, 9-1002
Reserve requirements, time deposits of designated banks exempt, 2-280
Securities of, investment in by foreign branch of member bank, 3-509
Central Intelligence Agency
Privacy Act exemptions, 8-325
Central Liquidity Facility—See National Credit Union Administration.
Certificates of deposit
Advertisements—See Truth in savings, at Time accounts.
Bearer, time deposits estimated as personal or nonpersonal by reasonable sampling techniques; reserve requirements, 2-303.6
Broker-dealer credit
Collateral in margin accounts, 5-686.1
Credit line, transaction accounts with; reserve requirements, 2-345.16
Deposit insurance requirements
Evidence of deposit, 1-335.4
Reports of condition, guidelines, 1-343
Disclosures—See Truth in savings, at Time accounts.
Reserve requirements
Bearer CD, time deposits estimated as personal or nonpersonal by reasonable sampling techniques, 2-303.6
Federal funds transactions, definition of ``deposits,'' 2-325.24
Line of credit, CDs with; transaction accounts, 2-345.16
Payable outside and issued in United States, 2-330.01
Unauthorized circulation as criminal offense, 1-462
Change in Bank Control Act, 1-344 et seq.
See also Control of depository institution or company.
Violations, penalties for, 3-1605
Charge cards—See Credit and charge cards.
Charges—See Fees; Finance charges.
Charitable organizations—See Not-for-profit organizations.
Check Clearing for the 21st Century Act, 9-732 et seq.
See also Substitute checks.
Impact of, study and report on, 9-738.5
Other law, relation to, 9-573; 9-573.4; 9-582; 9-734.1; 9-738
Regulations, Board authority, 9-738
Report to Congress concerning implementation and administration of, 9-738.7
Check collectionSee also Availability of funds; Federal Reserve Banks, at Collection of checks and other items; Regulation CC.
Agreements, variation from regulation, 9-490; 9-495
Automated clearinghouse, definition, 9-006; 9-032
Bank
Definition, 9-008; 9-035
Mergers, 9-540; 9-545
Business day
Definition, 9-009; 9-036; 9-675
One-day extension, 9-375
Check, definition, 9-012; 9-040; 9-676
Check-processing region, definition, 9-013; 9-042; 9-677
Clock hour, definition, 9-779
Consumer account, definition, 9-014; 9-043; 9-677
Delivery of checks, 9-361; 9-385 et seq.
Deadline extension, 9-353
Depositary bank, 9-749
Definition, 9-014; 9-044
Endorsement, 9-461; 9-468
Returned checks—See Return of checks, this heading.
Services; efficiency and cost reduction, 9-739 et seq.
Without accounts
Nonpayment, notice of, 9-403
Depository institution
Definition, 9-678
Local originating, definition, 9-678
Nonlocal originating, definition, 9-679
Originating, definition, 9-680
Receiving, definition, 9-681
Electronic checks and electronic information, 9-340; 9-345
Endorsement, 9-460; 9-461; 9-465 et seq.
Bank, by, 9-461; 9-467
Depositary bank, for, 9-461; 9-468
Standards, 9-465; 9-655
Expeditious return—See Return of checks, this heading.
Federal Reserve Banks—See Federal Reserve Banks, at Collection of checks and other items.
Fees, returned-check—See Return of checks, this heading.
Forward collection
Bank liability, 9-475; 9-483
Definition, 9-014; 9-046
Test, 9-360 et seq.; 9-375; 9-385
Two-day test, 9-350; 9-361; 9-375; 9-385
Insolvent banks, 9-389; 9-466; 9-525 et seq.; 9-530 et seq.
Nonpayment notice of, by paying bank, 9-352
Liability, 9-500 et seq.; 9-510 et seq.; 9-726 et seq.
Bank handling check, 9-460; 9-466
Board rulings, 9-504; 9-517
Damages, measure of, 9-447; 9-500; 9-510
Delays, acceptable, 9-503; 9-514
Forward collection, by bank, 9-475; 9-483
Jurisdiction, 9-504; 9-516
Negligence, comparative, 9-501; 9-512
Paying bank
Untimely return, 9-501; 9-511
Returning bank, 9-385
Standards, 9-500; 9-510
Warranties, guarantees, 9-447; 9-449; 9-457; 9-459
Local checks, definition, 9-015; 9-047
Local originating depository institution, definition, 9-678
Local paying bank, definition, 9-015; 9-048
Lost check, 9-365
Magnetic ink character recognition (MICR) line, definition, 9-025.2; 9-062
Mergers, bank, 9-540; 9-545
Misrouted items, 9-402; 9-412
Net-settlement arrangements, 9-411
Nonlocal checks, definition, 9-017
Nonlocal originating depository institution, definition, 9-679
Nonlocal paying bank, definition, 9-017
Nonpayment
Notice of, 9-352; 9-362; 9-693
Exceptions, 9-363; 9-560; 9-565
In lieu of return, 9-355; 9-365; 9-378; 9-388
Warranty, 9-449; 9-459
Recovery, 9-460; 9-466
Originating depository institution, definition, 9-680
Participant (bank), definition, 9-681
Paying bank
Definition, 9-018; 9-052
Return of checks—See Return of checks, this heading.
Presentment of checks, 9-475; 9-478; 9-480 et seq.
Variation by agreement, 9-495
Qualified returned check, 9-375; 9-385
Definition, 9-020; 9-054
Receipt of check, at bank office or processing center, 9-475; 9-481
Receiving depository institution, definition, 9-681
Recovery, nonpayment of check, 9-460; 9-466
Remotely created check
Definition, 9-025.6; 9-062.7
Warranties, transfer and presentment, 9-441; 9-451
Returning bank, definition, 9-020; 9-055
See also Return of checks, this heading.
Return of checks, 9-350 et seq.; 9-746
Charges—See Fees, this subheading.
Closed paying bank, by, 9-478; 9-485.5
Cut-off hour, 9-385; 9-411
Depositary bank, 9-400 et seq.; 9-410 et seq.; 9-749
Acceptance, 9-400; 9-410
Fees, 9-403; 9-413
Misrouted items, 9-402; 9-412
Net-settlement arrangement, 9-411
Payment, 9-401; 9-411
Unidentifiable, 9-350; 9-377; 9-387
Expeditious, 9-350 et seq.; 9-360 et seq.; 9-375; 9-385 et seq.
Depositary bank unidentifiable, 9-377; 9-387
Exceptions, 9-387; 9-560; 9-565
Fees
Depository bank, 9-403; 9-413
Returning bank, 9-379; 9-389; 9-413
Identification of check, 9-354; 9-364
Image in lieu of returned check, 9-495
Insolvent banks—See Insolvent banks, this heading.
Lost check, 9-365
Misrouted items, 9-402; 9-412
Nonpayment—See Nonpayment, this heading.
Notice in lieu of returned check, 9-355; 9-365; 9-378; 9-495
Paying bank, 9-350 et seq.; 9-360 et seq.; 9-747
Deadline extension, 9-356
Delays, acceptable, 9-503; 9-514
Delivery, 9-361
Failure, timely return, 9-501; 9-511
Local, 9-350; 9-361
Midnight deadline, 9-360
Nonlocal, 9-350; 9-361
Unidentifiable depositary bank, 9-350
Payment, 9-401; 9-411
Qualified returned check—See Qualified returned check, this heading.
Recovery, nonpayment of check, 9-466
Returning bank, 9-375 et seq.; 9-385 et seq.; 9-748
Delays, acceptable, 9-503; 9-514
Delivery, 9-385
Expeditious return, 9-385 et seq.
Fees, 9-379; 9-389; 9-413
Liability, 9-385
Settlement, 9-379; 9-389
Routing number—See Routing number, this heading.
Two-day test, 9-350; 9-360; 9-361; 9-375; 9-385
Variation by agreement, image or notice in lieu of returned check, 9-495
Routing number
Definition, 9-021; 9-056
List, next-day availability and local checks, 9-600
Return of checks
Qualified returned check, 9-375
Reliance on routing number, 9-355; 9-368; 9-381; 9-391
Same-day settlement, 9-478; 9-485 et seq.
Closed paying bank, 9-478; 9-485.5
Exceptions, 9-560; 9-565
Good-faith standards, 9-485.6
Presentment requirements, 9-478; 9-485.1
Check-sorting requirements, 9-478; 9-485.3
Delivery requirements, 9-478; 9-485.2
Settlement deadlines, 9-478; 9-485.4
Settlement, 9-379; 9-389
Insolvent banks, 9-389; 9-527; 9-534
Net-settlement arrangements, 9-411
See also Wire transfers of funds.
Same-day—See Same-day settlement, this heading.
Warranty of settlement amount, 9-442; 9-452
State law, preemption of, 9-550; 9-555
Substitute checks—See Substitute checks.
Truncate, definition; truncating bank—See Substitute checks.
Two-day test, 9-350; 9-360; 9-361; 9-375; 9-385
Uniform Commercial Code, definition, 9-024; 9-059
United States, definition, 9-682
Warranties, 9-440 et seq.; 9-450 et seq.
Claim, notice of, 9-449; 9-459
Nonpayment, notice of, 9-449; 9-459
Damages, 9-447; 9-457
Remotely created check, transfer and presentment warranties, 9-441; 9-451
Settlement amount, encoding, and offset, of, 9-442; 9-452
Tender of defense, 9-449; 9-459
Checking accountsSee also Checks; Demand deposits.
Automatic deposits from savings account to constitute transaction account, 2-302.2
Charges as finance charges, truth in lending, 6-1164.4; 6-6164.4
Combined savings/checking statements, transaction accounts; reserve requirements, 2-345
Deposit insurance requirements, defined as deposit for, 1-335.4
Deposits to from savings accounts, automatic; to constitute transaction account, 2-302.2
Electronic fund transfers—See Electronic funds transfers.
Fair credit reporting
Overdrafts, applicability of rules to, 6-1597
Sufficiency of funds, regular securing of information as to; not to qualify institution as consumer reporting agency, 6-1607
Government-owned corporations, 1-272
NOW (negotiable order of withdrawal) accounts—See NOW accounts.
Overdrafts
Fair credit reporting, applicability of rules to, 6-1597
Protection plan, qualification of account as transaction account, 2-301.8
Savings accounts
Automatic deposits to checking accounts from, to constitute transaction account, 2-302.2
Combined savings/checking statements, transaction accounts; reserve requirements, 2-345
Sufficiency of funds, regular securing of information by financial institution as to; not to qualify as consumer reporting agency, 6-1607
Truth in lending, charges as finance charges, 6-1164.4; 6-6164.4
Checks—See also Checking accounts.
Authorization and guarantee
Cards, credit card holder's rights of claims and defense not applicable, 6-750; 6-5750
Services, not subject to electronic fund transfer rules, 6-305.1; 6-420; 6-1170.4; 6-5305.1; 6-5420; 6-6170.4
Availability of funds—See Availability of funds.
Bad, enforcement programs operated by private entities; exemption from definition of ``debt collector,'' 6-1700.1; 6-1700.2
Cashier's
Availability—See Availability of funds.
Deposit, as
Deposit insurance requirements, for, 1-335.4
Reserve requirements, for, 2-126; 2-134
Federal Reserve check-collection services, payment by, 9-794
Large-denomination, sale of by financial institutions—See Currency and foreign transactions.
Cash items in process of collection, 2-151
Collection—See Check collection; Federal Reserve Banks, at Collection of checks and other items.
Definition
Availability of funds, as to, 9-012; 9-040; 9-676
Collection of checks, as to, 9-777
Depository institution, check drawn by on zero-balance account at correspondent; treatment, 2-308.5
Electronic funds transfers—See Electronic funds transfers.
False certification
Criminal offense, as, 1-461
Federal Reserve Banks, by officers or employees; unlawful, 1-293
Member banks, by; unlawful, 1-067
Officers or employees, by, 1-293
Penalty for, 1-461
Financial institution; issuer, redeemer, or cashier as, 3-1762
Float, Federal Reserve System—See Float.
Guarantee—See Authorization and guarantee, this heading.
Magnetic ink character recognition (MICR) line, definition, 9-025.2; 9-062
Money orders, U.S. Postal Service; as, 9-012; 9-040
Printing and selling; closely related to banking, 4-050
Substitute—See Substitute checks.
Traveler's—See Traveler's checks.
Truncate, definition; truncating bank— See Substitute checks.
Zero-balance account at correspondent, check drawn on by depository institution; treatment, 2-308.5
Childbearing
Equal credit opportunity
Requests for information on intentions and capability, 6-025; 6-117; 6-5025
Statistical probability not to be considered for applicant, 6-029; 6-117; 6-5029
Child support
Credit reports
Overdue obligations, information about, 6-1576.1
Overdue support, definition, 6-1553.1
State or local child support enforcement agency, definition, 6-1553.1
Equal credit opportunity, requests for information, 6-024; 6-042; 6-114; 6-116; 6-5024; 6-5042
CHIPS (Clearing House Interbank Payments System)See Automated clearinghouses.
CIA—See Central Intelligence Agency.
Circuit court—See Federal courts.
Citizen participation—See Public participation.
Claims
Assignment, 1-530
Insured deposits, for; claims agents, 1-384
Appointment of, 1-384
Powers of, 1-384.2
Clayton Antitrust Act, 1-404 et seq.
See also Antitrust law.
Antitrust law defined as, 1-392
Depository Institutions Management Interlocks Act, effect upon, 3-790; 3-827
Clearing agenciesSee also Automated clearinghouses.
Bank holding companies acting as, 4-015.1
Bank loan to provide liquidity facility; exempted transaction, 5-884.68
Bankrupt state member bank operating, uninsured, 1-076.1
Church plans, exemption from definition of for, 5-030.2
Competence standards for participants, 5-179
Conservator or receiver for uninsured state member bank operating or operating as, 1-076.1
Credit from, emergency; to market-maker customers, 5-615.79
Credit to, 5-767
Customers
Emergency credit to market-maker customers, 5-615.79
Free-riding by, 5-615.95
Parent firms not construed as, 5-621.11; 5-621.13; 5-621.14
Sister firms construed as, 5-618; 5-621.18
Subsidiaries not construed as, 5-621.1
Definition
Payment system risk reduction, as to, 9-1501
Securities Exchange Act, as to, 5-014; 5-015
Discipline of participants for rules violations, 5-177
Accounts closed, 5-182
Determination, 5-181
Due process observed, 5-180
Fines, 5-177
Notice of proceedings, 5-181
State member bank actions—See State member banks, as, this heading.
Dues, equitable allocation, 5-177
Edge corporation operating or operating as multilateral clearing organization, 9-1513.1
Examination reports, Federal Reserve Board providing to Securities and Exchange Commission, 8-108.92
Experience standards for participants, 5-179
Fair representation of stockholders, 5-177
Fees, equitable allocation, 5-177
Financial-responsibility standards for participants, 5-179
Fines for rules violations, 5-177
See also Discipline of participants for rules violations, this heading.
Fingerprinting of employees, 5-169
Free-riding by customer, 5-615.95
Futures, security; performing clearing functions related to, 5-182.1
General partners' accounts, status, 5-621.13
Investors, protection of, 5-177
Limited partnership, firm's relationship with, 5-621.17
Liquidity facility; bank loan for increasing, 5-884.68; 5-884.69
Midwest Clearing Corporation, broker-dealer trades, 5-615.76
Multilateral
Definition, 9-1515
Net settlements, 9-1515; 9-1516
Net settlements—See also Wire transfers of funds.
Clearing organizations, between, 9-1509 et seq.
Edge corporations, 9-1513.1
Financial institutions
Between, 9-1507; 9-1508
Definition, 9-1475 et seq.
Uninsured, contracts with, 9-1513.1
Omnibus account of broker or dealer, use, 5-619
Operational-capability standards for participants, 5-179
Parent firms
Customers, as—See Customers, this heading.
Subsidiaries, brokerages serving as clearing firms for, 5-621.1
Prompt payment, 5-621.15
Qualifications of applicant, examination, 5-179
Records
Regulatory agencies, for, 5-162
Securities and Exchange Commission, for, 5-160
Registration, 5-175 et seq.
Application, filing, 5-176
Notice, 5-195
Review by regulatory agencies, 5-186
Conditions to be met, 5-177
Denial, proceedings, 5-196
Exemptions, 5-175
Rules of clearing agency, filing, 5-176
Unlawful to conduct business without, 5-175
Regulations
Adherence to, 5-188
Compliance with, 5-189
Regulation T, responsibility for, 5-620
Violations, 5-189
Regulation U, not applicable to, 5-436
Regulatory agencies, 5-022; 5-023
Review of application for registration, 5-196
Rulemaking powers of, 5-191
Reports
Examination, Federal Reserve Board authority to make available, 8-108.92
Regulatory agencies, to, 5-162
Securities and Exchange Commission, to, 5-160; 8-108.92
Risk reduction, 9-1002 et seq.
Rulemaking powers of regulatory agencies as to, 5-191
Rules
Adherence to, 5-188
Compliance with, 5-189
Securities and Exchange Commission, filing with, 5-176
Violations, discipline for, 5-177; 5-180; 5-189
Accounts of participant closed, 5-182
Hearing, opportunity for, 5-182
Suspension, 5-177
Safeguarding of securities and funds, 5-177
Sanctions for rules violations—See also Discipline of participants for rules violations, this heading.
State member banks, by—See State member banks, as, this heading.
Sister firms as customers—See Customers, this heading.
State member banks, as
Conservator for uninsured bank operating multilateral organization, 1-076.1
Discipline of participants
Notice of action, 3-252 et seq.
Review of action, application for, 3-261
Stay of action, application for, 3-261
Statutory disqualification, person under to be barred from participation, 5-178
Subsidiaries
Brokers and dealers, of; clearing firms as, 5-621.11
Customers, not construed as, 5-621.1
Parent brokerage firms serving as clearing firms for, 5-621.1
Suspension for rules violations, 5-177
Summary action, 5-182
Transfer agent, not to perform functions of, 5-175
Clearinghouses—See Automated clearinghouses.
Club accounts
Disclosures—See Truth in savings.
Reserves—See Reserve requirements.
CoinageSee also Cash items; Currency; Money.
Broker-dealer, credit from; buying and selling in nonsecurities credit account, 5-650.85
Domestic coin transactions, reports on, 3-1765 et seq.
Federal Reserve Bank coin services, fee schedule, 1-105; 9-1562; 9-1567
Legal tender, definition, 1-415
Reserves—See Reserve requirements.
Vault cash, as—See Reserve requirements, at Vault cash.
Withdrawal of gold coin from circulation, 1-419
CollectionsSee also Fair debt collection practices.
Federal Reserve Banks' receipt of from member and nonmember banks, 1-111; 9-830; 9-1563
Collection services—See Check collection; Federal Reserve Banks, at Collection of checks and other items.
Collective bargaining—See Labor-management relations.
College Construction Loan Insurance Association
Securities of not exempted, 5-628.23
Colleges—See Universities and colleges.
Commercial paper
Asset-backed; capital adequacy
Bank holding companies, 4-058.913
Bank holding companies, acquisition of nonbank interest; subsidiaries to issue, 4-298
Cooperative marketing associations, purchase of paper, summary of rulings and principles, 8-855
Recordkeeping and confirmation, state member bank effecting transaction in, 3-447.02
Securities credit indirectly secured by subsidiary's stock, as, 5-917.181
Sweep arrangement, 4-318.1
Commodities
Bank holding companies, transactional services related to, 4-049.3
Broker-dealer good faith accounts, in, 5-421
Definition as to anti-money laundering programs, 3-1734.7
Development-assistance loans, effect on commodity markets and industries, 1-479.1
Drafts, as cash items in process of collection, 2-152
Electronic fund transfer rules, exemption, 6-305.1; 6-422; 6-5305.1; 6-5422
Financial holding companies, grandfathered activities, 4-082.95
International banking
Edge corporations, prohibition on commodities trading and price fixing, 1-237
Swap transactions, 3-546
Registered trading advisors or pool operators defined as financial institutions for purposes of the Bank Secrecy Act, 3-1764
Swap transactions based on, 3-546
Truth in lending, exemption for credit transactions, 6-634; 6-1164; 6-5634; 6-6164
Commodity Credit Corporation
Advances, Federal Reserve Bank; obligations of eligible as collateral for, 2-040
Depositaries for, Federal Reserve Banks as, 1-280
Notes on cotton, execution by member bank executive officers as prohibited transaction, 3-1047
Obligations guaranteed by United States, 1-446
Common carriers
Antitrust laws, enforcement authority, 1-407
Currency and foreign transactions
Definition as to, 3-1700.11
Reports, exception, 3-1702.92
Equal credit opportunity, enforcement authority, 6-101
Fair credit reporting, enforcement authority, 6-1575
Fair debt collection practices, enforcement authority, 6-1696
Stock purchase exemptions under antitrust law, 1-404
Community Advisory Council
Selection and appointment of members
Systems of records, 8-355.71
Community property
Credit application form, 6-071; 6-5071
Signatures of spouses or others on credit application in states observing, 6-036; 6-136; 6-5036
Community reinvestment, 6-1220 et seq.
See also Community Reinvestment Act.
Affiliate
Definition, 6-1220.5
Subsidiary as, 6-1267
Loans by, 6-1235.5; 6-1291 et seq.
Data collection, 6-1327
Public file, information in, 6-1329
Services and products, retail, 6-1226
Agreements involving resources of depository institution or affiliate, 6-2600 et seq.
Affiliate, definition, 6-2633
Annual reports, 6-2621 et seq.
Failure to comply with requirements, 6-2629; 6-2630; 6-2653
Transition rules, 6-2631
CRA affiliate
Agreements relating to, 6-2614
Definition, 6-2633
CRA communication, definition, 6-2607 et seq.
CRA public file, definition, 6-2633
Definition, 6-2602; 6-2652
Disclosure of, 6-2616 et seq.
Failure to comply with requirements, 6-2629; 6-2630; 6-2653
Transition rules, 6-2631
Diversion of funds, 6-2629
Exempt loan agreements, 6-2604, 6-2606
Fiscal year, definition, 6-2634
Freedom of Information Act requests, 6-2628
Fulfillment, definition, 6-2613 et seq.; 6-2652
Multiparty agreements, 6-2612
Multiyear agreements, determining annual value, 6-2606
Nongovernmental entity or person, definition, 6-2635
Party, definition, 6-2636
Regulations governing, 6-2654
Related agreements, 6-2615
Relevant supervisory agency, definition, 6-2636
Term of agreement, 6-2636
Applications
Effect on, 6-1230; 6-1309 et seq.
Lending test, 6-1287.1
Area median income
Definition, 6-1220.5
Information, obtaining from Bureau of the Census, 6-1334
Assessment area
Community development activity, immediate or direct benefit of to, 6-1271.4
Data, 6-1235.5
Delineation, 6-1222.5; 6-1311 et seq.
Lending test, geographic distribution, 6-1225.5; 6-1290.1 et seq.
Automated teller machines
Definition, as remote service facility, 6-1220.5
Mobile, 6-1268
Bank, definition, 6-1220.5
Bank examination, assessment of community reinvestment during, 6-1256
Bank holding companies, interstate banking, 4-069.4
Financial holding companies—See Financial holding companies.
Merger, 1-401.57
Below-market interest rate, loan at; lending test, 6-1277.4
Branches
Definition, 6-1220.5
Domestic, definition, 6-1253.22
Interstate, written evaluations, 6-1253.21; 6-1253.22
Limited, definition, 6-1220
Loan-production offices as, 6-1268
Minority or women's depository institution, availability of facilities to, 6-1253.3; 6-1253.31
Mobile, 6-1267
State, definition, 6-1220
Uninsured, 6-1220
Census, Bureau of; obtaining information from, 6-1334
Charitable donations and activities
Personal, 6-1272.1
Qualified investments, as, 6-1277.4
Comments on institution's performance, public availability—See Public, information available to, this heading.
Community development, definition, 6-1220.5; 6-1221; 6-1269 et seq.
``Primary purpose,'' 6-1271.6
Community development loans, 6-1271 et seq.
Assessment area, benefit to, 6-1271.4
Regional area, definition, 6-1271.5
Credit cards as, 6-1271.2
Data reporting, 6-1322 et seq.
Lending test, 6-1290.5
Retail institutions, affordable home mortgage loans made by, 6-1271.1
Small institutions, loans by, 6-1271.1
Community development service
Charitable activities, employees' and directors' personal, 6-1272.1
Definition, 6-1220.5; 6-1272 et seq.
Financial services, provision of, 6-1272
Service test, performance criteria, 6-1227; 6-1297.2
Community development test
Small banks, 6-1229
Wholesale or limited-purpose banks, for, 6-1225; 6-1227.5; 6-1298 et seq.
Ratings, 6-1243.5
Consortium, lending by, 6-1225; 6-1235.5; 6-1294 et seq.
Consumer loans
Below-market-rate, qualified investments, 6-1277.5
Data collection, 6-1324 et seq.
Definition, 6-1220.5
Home-equity loans, 6-1273; 6-1273.1
Multiple-purpose loans, 6-1273.2
Credit
Lines, data reporting, 6-1316.2
Renewals, 6-1316.3
Credit cards
Community development loans, 6-1271.2
Community development test, credit card banks, 6-1298
Small-business loans, as, 6-1279.3
Data collection, 6-1318.2
Data collection, reporting, and disclosure, 6-1235.5; 6-1316 et seq.
Directors' compensation and donated labor, 6-1277.6
Disclosure statements, 6-1235.5
Aggregate, 6-1235.5
Electronic copy retained by institution, 6-1329.1
Public availability, 6-1236
Discriminatory practices, effect of on CRA rating, 6-1228.5; 6-1308.6
Electronic services and systems to low- and moderate-income people, 6-1272.2
Employees' compensation and donated labor, 6-1277.6
Evaluation of institution's record, written, 6-1253 et seq.
Examination
Evaluation, written, 6-1253 et seq.
Schedule
Inclusion on not determinative, 6-1332.1
Publication of by agencies, 6-1237; 6-1332
Small banks, 6-1253.4; 6-1253.41
Federal Home Loan Bank stocks, qualified investments, 6-1277.2
Federal Reserve Banks, membership reserves with, qualified investments, 6-1277.3
Federal Reserve Board
Enforcement authority, 6-1248
Financial holding companies—See Financial holding companies.
Financial institutions, evaluation, 6-1250
Financial services, providing; community development service, 6-1272; 6-1272.2
Flexible lending practices, 6-1290.51
Foreign bank, uninsured state branch of, 6-1220
Geographic area—See Assessment area, this heading.
Geography, definition, 6-1222.5
Guaranteed loans, consideration for, 6-1287.3
Home-equity loan
Consumer loan, as, 6-1273; 6-1273.1
Line of credit, for both home-improvement and small-business purposes, 6-1317.6
Home mortgage loan
Brokerage activities, 6-1274.1
Data collection, 6-1323
Definition, 6-1220.5; 6-1274
Illegal practices, effect of on CRA rating, 6-1228.5; 6-1308.6
Income levels
Data, finding, 6-1275; 6-1334
Definitions, 6-1220.5
Individual development accounts, service test, 6-1296.1
Innovative practices, 6-1290.51
Ratings, 6-1308
Intermediate bank, definition, 6-1220.5
Interstate acquisitions by bank holding companies, 4-069.4
Merger, 1-401.57
Investment test, 6-1295 et seq.
See also Qualified investments, this heading.
Ratings, 6-1228.5; 6-1243.5; 6-1308 et seq.
Leases, not considered loans; data collection, 6-1326.2
Lending test, retail, 6-1225.5; 6-1286 et seq.
Mortgage borrowers, workout arrangements with, 3-1579.453
Ratings, 6-1228.5; 6-1243.5; 6-1308 et seq.
Small banks, 6-1229
Letters of credit, data collection, 6-1326.1
Limited branch, definition, 6-1220
Limited-purpose banks
Assessment area for, 6-1227.5
Community development test for, 6-1225; 6-1227.5; 6-1298; 6-1299
Credit card banks, 6-1298
Ratings, 6-1243.5
Definition, 6-1220.5
Designation as, 6-1227.5
Narrow product line, 6-1276; 6-1276.1
Niche institutions, 6-1276.2
Wholesale institutions, 6-1276.1
Loan commitments, data collection, 6-1326.1
Loan location
Definition, 6-1220.5
Reporting, 6-1319
Post office box or rural route and box number, 6-1317.81
Loan-production office
Branch, as, 6-1268
Low-income, definition, 6-1220.5
Majority-owned, non-woman-owned institutions; evaluation of, 6-1250
Merging institutions, data collection, 6-1316.4
Metropolitan area, definition, 6-1253.22
Metropolitan division, definition, 6-1220.5
Middle income, definition, 6-1220.5
Minority depository institution, availability of branch facility to, 6-1253.3; 6-1253.31
Moderate-income, definition, 6-1220.5
Modification, extension, and consolidation agreements (MECAs); lending test, 6-1287.2
Mortgage-backed securities and municipal bonds, qualified investments, 6-1277.1
Multiple loans to same business, data collection, 6-1318.1
Multiple-purpose loans as consumer loans, 6-1273.2
New-markets venture capital companies, 6-1270
Nonmetropolitan area, definition, 6-1220.5
Nonprofit organizations, loans to, 6-1279
Notice, public—See Public notice by banks, this heading.
Performance tests and standards, 6-1225 et seq.; 6-1281 et seq.
See also specific types of tests, this heading.
Ratings—See Ratings, this heading.
Public, information available to, 6-1236; 6-1328 et seq.
Disclosure statements—See Disclosure statements, this heading.
Location of information, 6-1236
Internet or intranet, 6-1330.01
Main office, 6-1330
Performance evaluation of state regulatory agency; institution's response, 6-1328.2
Public notice by banks, 6-1236.5; 6-1244.5; 6-1331; 6-1333
Qualified investments, 6-1277 et seq.
Authority for institutions to make investments, 6-1277
Charitable contributions, 6-1277.4
Community development loan, below-market-rate, 6-1277.5
Compensation of employee or director assisting community development organization, 6-1277.6
Federal Home Loan Bank stocks, 6-1277.2
Membership reserves with Federal Reserve Banks, 6-1277.2
Mortgage-backed securities and municipal bonds, 6-1277.1
Questions and answers, interagency, 6-1265
Assigned, 6-1228.5; 6-1228.5; 6-1308 et seq.
Regional area, definition, 6-1271.5
Regulated financial institution, definition, 6-1248
Regulation BB—See Regulation BB.
Remote service facilities, mobile, 6-1268
Retail services and products test, 6-1226; 6-1296 et seq.
Community development loans, affordable home mortgage loans as, 6-1271.1
Revenue, gross annual; data collection, 6-1320 et seq.
Services and products test, retail, 6-1226; 6-1296 et seq.
Ratings, 6-1228.5; 6-1243.5; 6-1308 et seq.
Small banks
Adjustment, 6-1220.5
Data collection, reporting, and disclosure, 6-1235.5; 6-1317
Software, availability of to, 6-1316.5
Definition, 6-1220.5
Performance standards, 6-1225; 6-1229; 6-1300 et seq.
Small-business or small-farm loans
Community development, as 6-1270
Data collection and reporting, 6-1317.1 et seq.
Fishing industry, loans to, 6-1317.5
Institutions without, 6-1317.8
Letters of credit, 6-1326.1
Loan commitments, 6-1326.1
Outside United States, 6-1317.7
Refinanced or renewed, 6-1317.4
Residential real estate, loans secured by, 6-1326
Definition, 6-1220.5; 6-1279 et seq.
Small institutions
Community development loans by, 6-1271.1
Foreign bank, federal and state branch assets of, 6-1278.1
Special-purpose institutions, 6-1266; 6-1266.1
Strategic plan, 6-1228; 6-1305 et seq.
Assessment and rating, 6-1243.5
Technical assistance, providing, 6-1272.2
Third party, lending by, 6-1225; 6-1235.5; 6-1294 et seq.
Upper income, definition, 6-1220.5
Wholesale bank
Assessment area for, 6-1227.5
Community development test for, 6-1227.5; 6-1298 et seq.
Ratings, 6-1243.5
Designation as, 6-1227.5; 6-1280
Women's depository institution, availability of branch facility to, 6-1253.3; 6-1253.31
Written evaluation of institution's record, 6-1253 et seq.
Community Reinvestment Act, 6-1247 et seq.
See also Community reinvestment.
Administration of, authority to issue forms and other print matter, 8-109
Determinations, authority to make, 8-109.2
Enforcement authority, 6-1248
Financial holding companies, applicability to—See Financial holding companies.
Financial subsidiaries, state member banks with, applicability to, 3-385
Home mortgage disclosure data reporting under, 6-5210.1
Implementation, 6-1256
Sunshine requirements, 6-2600 et seq.
See also Community reinvestment, at Agreements involving resources of depository institution or affiliate.
Compensation
Interagency guidance on sound incentive compensation policies, 3-1508
Comptroller general—See General Accounting Office.
Comptroller of the Currency
Bank examination—See Bank examination, at National banks.
Bank holding companies, notice to Comptroller of application for approval of acquisition, 4-067
Bank mergers, reports on competitive factors; to, 3-1565; 8-106.2
Disclosure of, 3-1567
Branches
Interstate branches, approval, 1-295.3
State banks converted from national banks, approval, 1-294
Community reinvestment, enforcement authority, 6-1248
Currency and foreign transactions, enforcement responsibilities as to, 3-1707
Deposit insurance
Bank obligations, designation as deposits, 1-335.4
National banks
Appropriate Federal banking agency for, 1-336
Directors appointment in event of board suspension, 1-370
Institution-affiliated party, removal of, 1-366
Mergers and consolidations, approval authority, 1-387
Termination procedures, 1-383
Reports of condition
Definition of terms, consultative authority, 1-343
Filing and access requirements, 1-340; 1-341
Reports of examination available to, 1-340
State depository institution, conversion into; consent authority, 1-396
Electronic fund transfers
Compliance inquiries, mailing address for, 6-358
Enforcement responsibility, 6-358; 6-393
National banks, jurisdiction over, 6-358; 6-393
Employees of office, salaries, 1-182
Equal credit opportunity, enforcement responsibilities, 6-061; 6-065.5; 6-066; 6-101; 6-5061; 6-5065.5
Examination of national banks—See Bank examination.
Examination reports available to, 1-340
Examiners for national banks, appointment, 1-180
Expedited funds availability, enforcement authority, 9-722
Fair debt collection practices, enforcement authority, 6-1696
Federal branch or agency of a foreign bank, federal banking agency for, 1-336
Federal Reserve Bank
Circulating notes in blank, receiving from, 1-024
Organization certificate filed with, 1-023
Federal Reserve note plates and dies, custody maintained by, 1-149
Federal savings associations, federal banking agency for, 1-336
Financial privacy, right to; supervisory authority, 6-1752
Foreign bank supervisory authorities, cooperation with, 1-577
International Banking Act, enforcement powers, 1-574 et seq.
Management official interlocks, authority, 3-808
Mergers, bank—See Bank mergers, this heading.
Mergers and consolidations, approval authority, 1-387
National banking associations, federal banking agency for, 1-336
Privacy, financial
Consumer financial information, enforcement authority, 6-7382
Right to Financial Privacy Act, supervisory authority, 6-1752
Receivership funds, closed; rulemaking authority over disposition of unclaimed property, 1-631
Records of available
Federal Home Loan Banks and Federal Housing Finance Board, to, 1-285
Securities and Exchange Commission, to, 1-286
Reports of condition and examination available to, 1-340
Right to financial privacy—See Privacy, financial, this heading.
Securities, of savings associations; authority, 5-083
Securities and Exchange Commission
Records available to Commission, 1-286
Securities, missing, lost, counterfeit, or stolen; delegated authority over, 5-171
Securities transactions, regulatory agencies for persons engaging in, 5-021 et seq.
Banks, 5-025.1; 5-083
Clearing agencies, 5-022; 5-023
Government securities dealers, 5-025.1; 5-202.1
Institutional investment managers, insured bank, 5-024
Investment discretion, persons exercising, 5-025
Municipal securities dealers, 5-021
Transfer agents, 5-022
Security devices and procedures, supervisory agency as to, 1-472
Truth in Lending Act, enforcement by, 6-1052
Unclaimed property in national bank closed receivership funds, rulemaking authority over, 1-631
Computers—See Data processing.
Concentration limit for financial companies, 4-1150 et seq.; 4-1152
Exceptions, 4-1153
Reporting requirements, 4-1155
ConfidentialitySee also Privacy.
Administrative proceedings, unauthorized communication with interested parties, 1-520
Bank examiner, disclosure of information by, 1-465
Financial information
Governmental entities, disclosures to, 6-7329; 6-7378
See also Right to financial privacy.
Nongovernmental entities, disclosures to—See Privacy of consumer financial information.
Money laundering and terrorist activity, sharing of information to deter, 3-1704.32; 3-1704.51; 3-1873.16
See also Currency and foreign transactions.
Securities brokers and dealers, reports to SEC concerning risk assessment, 5-153.335; 5-172.5
Securities transactions, inside information; policy statement on use of, 3-1550
Supervisory information on financial institutions, confidential
Definition, 8-192; 8-486
Foreign supervisor, received from, 1-577
Public access to—See Freedom of information, at Federal Reserve Board information availability rules.
Conflict of interest
Federal Reserve Bank directors, circumstances precluding participation in bank matters, 8-168 et seq.
Federal Reserve Board employees, 8-558 et seq.
Waivers, authority to issue, 8-107.5
Government employees, 1-449 et seq.
Insured banks, loans and extensions of credit by
Nonmember banks, 1-398
Foreign bank with insured branch, 1-398.1
Reporting requirement, 1-353
Congress of the United States
Emergency Loan Guarantee Board, annual report to Congress, 1-560
Fair debt collection practices, reports to Congress by Federal Trade Commission, 6-1698
Federal Reserve Banks, board of directors; senators and representatives ineligible, 1-033
Federal Reserve Board
Members, president to fill vacancies during Senate recess, 1-081
Reports to Congress—See Federal Reserve Board, at Reports by.
Federal Trade Commission, reports to Congress on fair debt collection practices, 6-1698
Insured depository institutions
Acquisitions regulation, report to, 1-351
Mergers and consolidations, approvals, report to, 1-393
International Monetary Fund
Congressional approval required for certain acts, 1-481
Reports to Congress
Palestine Liberation Organization membership, 1-500.9
Unfair trade practices, countries with, 1-501.29
McFadden Act, applicability to financial situation; report to, 1-576
Reports to—See specific agencies issuing reports, this heading.
Securities and Exchange Commission, annual report by, 5-228; 5-229
Securities exchanges, rate schedule information filed by Securities and Exchange Commission, 5-043
Securities transactions, findings as to clearance and settlement system, 5-173
ConservatorsSee also Bankruptcy.
Federal Reserve Banks as depositaries for accounts of banks in hands of, 1-283
State member bank, uninsured; operating or operating as clearing organization, 1-076.1
Undercapitalized insured depository institutions, for
Appointment of, 1-400.68
State member bank, for; Federal Reserve Board authority to appoint FDIC as, 1-104.2
Government conservators, exemption from corrective-action requirements, 1-400.71
Consolidations—See Bank mergers and consolidations.
Consumer credit
Electronic fund transfers involving
Definition as to, 6-302; 6-5302
Unauthorized transfers using access device, 6-379
Equal credit opportunity, definition as to, 6-007; 6-5007
Federal Reserve Board Division of Consumer and Community Affairs responsibilities, 8-009
Reporting practices, interagency advisory, 3-1579.36
See also Fair credit reporting.
Retail credit, asset classification, 3-1502
Truth in lending—See also Truth in lending.
Definition as to, 6-616; 6-1162; 6-5616; 6-6162
Consumer Credit Protection Act
Consumer Leasing Act, 6-550 et seq.
Equal Credit Opportunity Act, 6-092 et seq.
See also Equal credit opportunity; Equal Credit Opportunity Act.
Fair Credit Reporting Act, 6-1550 et seq.
See also Fair credit reporting; Fair Credit Reporting Act.
Fair Debt Collection Practices Act, 6-1675 et seq.
See also Fair debt collection practices; Fair Debt Collection Practices Act.
Foreign banking organizations, compliance with, 1-573.1
Truth in Lending Act, 6-1030 et seq.
See also Truth in lending; Truth in Lending Act.
Consumer Financial Protection Bureau
Consumer leasing
Estimates, disclosures as; authority to permit, 6-551
Model disclosure forms, authority to establish, 6-556.1
State law, determinations pertaining to, 6-556; 6-5529
Update and clarify regulations, authority to, 6-556.1
Electronic fund transfers, authority as to, 6-5300
Administrative enforcement, 6-5340
Federal law
Exemption from; state law, 6-5338
Preemption of state law, determination of, 6-395; 6-5337
Regulatory authority, 6-364; 6-365
Staff interpretations, issuance of, 6-5358.1
Equal credit opportunity
Annual reports to Congress, 6-110
Enforcement responsibilities, 6-101
Exemptions to states, granting, 6-105
Regulations for enforcement, 6-099
Fair credit reporting, enforcement authority, 6-1575
Fair debt collection practices, enforcement authority, 6-1696
Financial privacy, right to; supervisory authority, 6-1752
Home mortgage disclosure
Annual report, 6-5239
Research into improved methods, 6-5238
Privacy of consumer financial information, enforcement authority, 6-7382; 6-7383
Real estate settlement procedures, 6-1370 et seq.
See also Real estate settlement procedures.
Authority of secretary, 6-1369; 6-1369.1
Interpretations, regulations, and rules; reliance upon, 6-1379; 6-1380
Uniform settlement statement, prescription by secretary, 6-1353; 6-1354
Regulation B, 6-5001 et seq.
Regulation C, 6-5200 et seq.
Regulation DD, 6-6900 et seq.
Regulation E, 6-5300 et seq.
Regulation M, 6-5500 et seq.
Regulation P, 6-7250 et seq.
Regulation V, 6-7900 et seq.
Regulation X—See Real estate settlement procedures, this heading.
Regulation Z, 6-5600 et seq.
Reports by
Equal credit opportunity, annual report, 6-110
Expedited Funds Availability Act, exceptions to prevent fraud loss, 9-700
Truth in Lending Act
Administration of; annual report, 6-1069
Credit card price and availability information, 6-1102.1
Right to financial privacy, supervisory authority, 6-1752
Truth in lending
Enforcement by, 6-1052
Model clauses and forms as to, publication, 6-1042; 6-1043
Regulations as to, prescription, 6-1042
Reports on
Administration of, 6-1069
Credit card price and availability information, 6-1102.1
Truth in savings, enforcement authority, 6-6979
Consumer leasing, 6-500 et seq.; 6-5500 et seq.
Adjusted capitalized cost
Definition, 6-502; 6-5502
Disclosure, 6-510; 6-5510
Advertising, 6-525 et seq.; 6-554 et seq.; 6-560; 6-565.2; 6-569.3 et seq.; 6-5525 et seq.; 6-5565.2; 6-5569.3 et seq.
Clear-and-conspicuous standard, 6-525; 6-569.4 et seq.; 6-5525; 6-5569.4 et seq.
Definition, 6-501; 6-5501
Electronic—See Electronic communication, this heading.
Liability of owners and employees of medium, 6-554
Merchandise tags, 6-527; 6-5527
Multiple-item leases, 6-570; 6-5570
Multipage advertisements, 6-525; 6-569.7; 6-5525; 6-5569.7
Triggering terms, additional information required, 6-526; 6-569.8; 6-5526; 6-5569.8
``Usually and customarily,'' 6-568.1; 6-569.3; 6-5568.1; 6-5569.3
Agricultural purpose, definition, 6-565.5; 6-5565.5
Amortized amounts, 6-510; 6-5510
``Annual lease rate,'' use of term prohibited, 6-516; 6-525; 6-5516; 6-5525
``Annual percentage rate,'' use of term prohibited, 6-516; 6-525; 6-5516
Appraisals, right to, 6-513; 6-568.1; 6-5513; 6-5568.1
Arrange for lease of personal property, definition, 6-565.7; 6-5565.7
Assignees as lessors, 6-565.7; 6-5565.7
Assumptions, 6-517; 6-569.1; 6-5517; 6-5569.1
Capitalized cost reduction
Definition, 6-502; 6-5502
Disclosure, 6-510; 6-567; 6-5510; 6-5567
Catalogs, advertising, 6-525; 6-569.7; 6-5525; 6-5569.7
Charges—See also specific types of charges, this heading.
Civil liability, 6-555
Closed-end lease, definition, 6-501; 6-565.3; 6-5501; 6-5565.3
Consideration, definition, 6-565.7; 6-5565.7
Consummation, Regulation M does not determine, 6-566.41; 6-5566.41
Credit sale, not a lease, 6-565.5; 6-5565.5
Delinquency, penalties for, 6-516; 6-551; 6-553; 6-568.8; 6-5516; 6-5568.8
Depreciation, 6-510; 6-5510
Disclosures, 6-505 et seq.; 6-551; 6-559; 6-566.2 et seq.; 6-5505 et seq.; 6-5566.2 et seq.
See also specific items to be disclosed, this heading.
Additional information, 6-506; 6-5506
Clear and conspicuous, 6-566.2; 6-5566.2
Electronic—See Electronic communication, this heading.
Foreign-language translations, 6-505; 6-5505
Form of disclosures, 6-505; 6-566.3; 6-5505; 6-5566.3
Nonsegregated, reference to, 6-512; 6-568; 6-5512; 6-5568
State law disclosures, 6-566.5; 6-5566.5
Redisclosure, 6-566.8; 6-5566.8
Segregated, 6-505; 6-566.4; 6-5505; 6-5566.4
Description of property, 6-566.9; 6-5566.9
Rate information not to be among, 6-569; 6-5569
State law disclosures, 6-566.5; 6-5566.5
Subsequent occurrence, effect of, 6-507; 6-566.8; 6-5507; 6-5566.8
Estimated disclosures, 6-566.7; 6-5566.7
Variations, minor, 6-507; 6-5507
Disposition charges, disclosure, 6-567.2; 6-5567.2
Early termination
Notice, 6-511; 6-5511
Electronic communication
Advertisements, 6-505; 6-525; 6-5505; 6-5525
Cross-references, 6-569.7; 6-5569.7
Disclosures, 6-505; 6-5505
Exempted transactions, state-regulated transactions—See State law, this heading.
Expiration of lease, lessee's liability—See Liability, this heading.
Federal Reserve Board authority—See Federal Reserve Board.
Fees, disclosure—See Charges, this heading.
Foreign-language disclosures, 6-505; 6-5505
Foreign lessors, applicability of Regulation M to, 6-565.1; 6-5565.1
Forms, disclosure
Changes, permissible, 6-570.4; 6-5570.4
Federal Reserve Board authority to establish, 6-556.1
Model forms, 6-531 et seq.; 6-570.4; 6-5531 et seq.; 6-5570.4
Furniture, model lease disclosure form, 6-533; 6-570.4; 6-5533; 6-5570.4
Gross capitalized cost
Definition, 6-502; 6-5502
Disclosure, 6-510; 6-567.5; 6-5510; 6-5567.5
Guaranteed automobile protection (GAP), 6-568.6; 6-5568.6
Guarantees from manufacturer or lessor, 6-515; 6-568.7; 6-5515; 6-5568.7
Identification of parties, in disclosures, 6-565.3; 6-5565.3
Itemization requirement, ``other charges,'' 6-510; 6-5510
Late payment—See Delinquency, this heading.
Lessees
Definition as to, 6-502; 6-550; 6-5502
Failure to perform obligations, 6-566.8; 6-5566.8
Guarantors as, 6-565.6; 6-5565.6
Liability of—See Liability, this heading.
Multiple, disclosures, 6-506; 6-566.5; 6-568; 6-5506; 6-5566.5; 6-5568
Signatures on disclosures, 6-566.3; 6-5566.3
Lessors
Arranger as, 6-565.7; 6-5565.7
Assignees as, 6-565.7; 6-5565.7
Foreign, 6-565.1; 6-5565.1
Identification of, 6-566.3; 6-5566.3
Liability of—See Liability, this heading.
Multiple, disclosures, 6-506; 6-566.3; 6-5506; 6-5566.3
Liability
Advertising medium, owners and employees of, 6-554
Lessee's, on expiration or termination of lease, 6-552; 6-567.2; 6-5567.2
Disclosure, 6-513; 6-514; 6-568.2 et seq.; 6-5513; 6-5514; 6-5568.2 et seq.
Penalties, 6-553
Lessor's, 6-500; 6-561; 6-5500
Attorney's fees, 6-568.2; 6-5568.2
Maine law, exemption, 6-570.3
Maintenance responsibilities, 6-511; 6-567.8; 6-5511; 6-5567.8
Mechanical-breakdown protection, 6-567.1; 6-568.6; 6-5567.1; 6-5568.6
Merchandise tags, 6-527; 6-5527
Multiple-item leases, 6-570; 6-5570
Motor vehicle, definition, 6-567.4; 6-5567.4
Multiple-item leases
Merchandise tags, alternative disclosures, 6-570; 6-5570
Payment calculations, 6-567.4; 6-5567.4
Multiple lessees, disclosures, 6-506; 6-566.6; 6-5506; 6-5566.6
Multiple lessors, disclosures, 6-506; 6-5506
Multiple transactions, 6-566.2; 6-5566.2
Oklahoma law, exemption, 6-570.3
Open-end lease, definition, 6-503; 6-5503
Organizations
Definition, 6-503; 6-565.8; 6-5503; 6-5565.8
Leases made to, 6-565.5; 6-5565.5
Payments
Amount due at signing, disclosure, 6-508; 6-567; 6-5508; 6-5567
Calculation, 6-510; 6-567.4; 6-5510; 6-5567.4
Cash, 6-567; 6-5567
Periodic, disclosures, 6-509; 6-510; 6-567.1; 6-5509; 6-5510; 6-5567.1
Rounding, differences resulting from, 6-567.55; 6-5567.55
Penalties
Consumer Leasing Act, for violations of, 6-553; 6-561
Delinquency or early termination, for, 6-516; 6-551; 6-553; 6-568.8; 6-5516; 6-5568.8
Percentage rate, providing, 6-516; 6-569; 6-5516; 6-5569
Advertisements, in, 6-569.6; 6-5569.6
Personal property, definition as to, 6-503; 6-550; 6-565.9; 6-5503; 6-5565.9
Person defined, 6-503; 6-5503
Advertising rules, 6-569.3; 6-5569.3
Preemption of inconsistent state requirements—See State law, this heading.
Purchase option, 6-512; 6-567.9; 6-5512; 6-5567.9
Purposes of consumer leases, primary, 6-565.4; 6-5565.4
Radio advertisements, 6-527; 6-554.1; 6-554.2; 6-570.1; 6-5527; 6-5570.1
Realized value, definition, 6-504; 6-566; 6-5504; 6-5566
Record retention, 6-528; 6-570.2; 6-5528; 6-5570.2
Redisclosure, 6-566.8; 6-5566.8
Regulation M—See Regulation M.
Rent charge, 6-510; 6-5510
Residual value
Definition, 6-504; 6-5504
Disclosure, 6-510; 6-5510
Liability based on, 6-513; 6-514; 6-5513; 6-5514
Retail value, estimate; disclosure, 6-566.7; 6-5566.7
Safe deposit boxes, exemption, 6-565.5; 6-5565.5
Security interest, 6-516; 6-5516
Service, lease incidental to, 6-565.5; 6-5565.5
State, definition, 6-504; 6-5504
State law
Disclosures, 6-566.5; 6-5566.5
Exemption of class of transactions, 6-530; 6-570.3; 6-5530; 6-5570.3
Inconsistent requirements, 6-529; 6-5529
Relation to, 6-529; 6-556; 6-5529
Warranties determined by, 6-568.7; 6-5568.7
Telephone number, toll-free; radio and television advertising, 6-527; 6-570.1; 6-5527; 6-5570.1
Television advertisements, 6-527; 6-570.1; 6-5527; 6-5570.1
Termination of lease
Early—See Early termination, this heading.
Lessee's liability—See Liability, this heading.
Total lease obligation, 6-565.4; 6-5565.4
Trade-in allowance, negative equity, 6-567; 6-5567
Use standards, 6-511; 6-5511
Vehicle-lease disclosure forms
Closed-end, 6-532; 6-570.4; 6-5532; 6-5570.4
Finance, 6-531; 6-5531
Open-end, 6-531; 6-5531
Warranties, 6-515; 6-568.7; 6-5515; 6-5568.7
Wear-and-use standard, 6-511; 6-567.8; 6-5511; 6-5567.8
Wholesale value, estimate; disclosure, 6-566.7; 6-5566.7
Consumer Leasing Act, 6-550 et seq.
See also Consumer leasing.
Consumer protection
Consumer complaint information, access to Federal Reserve Board records, 8-351
Insurance sales by state member banks, 6-2800 et seq.
Advertisements and promotional material, 6-2812; 6-2828
Affiliate, definition, 6-2801
Coercion prohibited, 6-2804; 6-2826
Company, definition, 6-2801
Complaints by consumer, 6-2815; 6-2831
Consumer, definition, 6-2801
Control, definition, 6-2802
Disclosures, required, 6-2807 et seq.; 6-2827
Acknowledgment by consumer, 6-2811; 6-2827
Domestic violence
Definition, 6-2802
Discrimination against victims of, 6-2806
Electronic media, definition, 6-2802
Location of insurance activities, 6-2813; 6-2829
Office, definition, 6-2803
Personnel, qualification and licensing requirements, 6-2814
Referrals, 6-2813
Regulations, authority for, 6-2825 et seq.
Separation of banking and nonbanking activities—See Location of insurance activities, this subheading.
State law, relation of federal law to, 6-2832
Subsidiary, definition, 6-2803
Tying arrangements prohibited, 6-2804; 6-2826
Unaffiliated agents, discrimination against, 6-2804; 6-2833
Privacy
Governmental entities, disclosures to, 6-7329; 6-7378
See also Right to financial privacy.
Nongovernmental entities, disclosures to—See Privacy of consumer financial information.
Unfair or deceptive acts or practices, 3-1515
Control of depository institution or company, 4-050.8 et seq.; 4-435 et seq.
Acquisitions, 4-066 et seq.
Additional shares, grandfathered, 4-052.1
Approval by Federal Reserve Board, 4-066
Stay because of antitrust law, 4-096
Bank as sole trustee, 4-440
Change in, 1-344 et seq.; 3-1025; 4-051.8 et seq.; 4-170; 4-395 et seq.
Acting in concert, definition, 4-051.8
Approval authority and criteria, 8-107.3; 8-108.3; 8-108.4; 8-121.6 et seq.
Bank Holding Company Act, acquisitions subject to approval or exempt under, 4-052.1
Bank Merger Act, acquisitions subject to approval under, 4-052.1
Commitments, enforcement of, 4-397.1
Convertible securities, acquisitions, 4-397.2; 4-397.3
Debts previously contracted, in satisfaction of; acquisitions, 4-052.31
Disapproval and hearing, 4-052.6; 4-801
Federal Reserve Board action, time period for, 4-052.5
Foreign banking organizations
Acquisition of, 4-052.3
Insured depository institution securities, loans collateralized by, 1-350.1; 4-052.74
State member bank securities, loans collateralized by, 4-052.71 et seq.
Gifts, acquisitions through, 4-052.31
Grandfathered control relationships, 4-052.1
Hearings, rules of practice and procedure—See Hearings, generally.
Immediate family, definition, 4-051.8
Increase of previously authorized acquisitions, 4-052.1
Indirect acquisitions, 4-397
Inheritance, acquisitions through, 4-052.31
Merger, incident to; reports, 4-803
Notification
Federal banking agency, to, 1-344; 1-348; 1-351; 4-051.8 et seq.; 4-396; 4-801
Federal Reserve Board delegated authority concerning, 8-107.3; 8-121.8
Incomplete or inaccurate, return of, 8-107.3
State banking agency, to, 1-345
Waiver of requirement, authority to approve, 8-108.3; 8-121.6
Presumption of concerted action, rebuttable, 4-052
Presumption of control, rebuttable, 4-051.9
Proxy solicitation, 4-052.3
Public comment, 1-345.2
Failure to solicit, authority to excuse, 8-121.8
Redemption of securities by issuer, 4-052.32
Reports, 4-802
Merger, incident to, 4-803
Stock dividends, 4-052.3
Ten percent rule, 4-395
Third party, acquisitions resulting from actions of, 4-052.32
Violations, civil penalties, 1-352 et seq.
Warrants, acquisitions, 4-397.2
Change in Bank Control Act of 1978, policy statement, 4-801
Collateral for loan, bank shares as, 4-452
Combined individual and corporate control, 4-441
Convertible preferred securities, 4-457
Corporate
Individual control, combined with, 4-441
Rebuttable presumption, 4-445; 4-447; 4-458
Correspondent banks, 4-460
Debts previously contracted, exclusion for; capitalization of state member banks, 3-327
Definition; loans to officers, directors, and shareholders of member banks, 3-962
Directors, 4-444
Families of, by, 3-1028; 4-444
Shares held by individual to qualify as, 4-437
Disposition of shares, ultimate, 4-461
Employee stock ownership plan, purchase by, 4-453
Equity investments, nonvoting, 4-462
Family ownership, 4-446
Directors, families of, 4-446
Merger of subsidiary bank, retention of exemption, 4-531
Principal shareholders, families of, 3-1028
Qualified family partnership, definition, 4-065.4
Fiduciary ownership, exclusion for; capitalization of state member banks, 3-327
Foreign banking organizations, ofSee Foreign banking organizations.
Indirect, 4-063
Subsidiary, through, 4-438
Individual control, 4-450; 4-455
Corporate control combined with, 4-441
Multi-tiered, 4-436
Nonvoting equity investments, 4-462
Officer, executive; by immediate family of, 3-1028
Parent company, transfer of control to, 4-454
Prior to control determination, 4-265
Perpetual trust voting less than 25 percent, 4-442
Preferred stock, 4-449; 4-451
Convertible, 4-457
Presumptions of control
Investigation of circumstances, 4-191.1
Section 2(g)(3), under, 4-191
Presumptions of noncontrol, 4-051.3
Principal shareholder, by immediate family of, 3-1028
Proceedings, 4-050.8 et seq.
Section 2(g)(3) determinations, 4-191; 4-459
Stock stapling, 4-448
Subsidiaries, indirect control through, 4-438
Transfer of control
Parent company, to, 4-454
Prior to control determination, 4-265
Trustees
Bank as sole trustee, 4-440
Over 25 percent held by, 4-435
Shares held by for benefit of shareholders, 4-439
Trusts
Perpetual, voting less than 25 percent, 4-442
Voting, control through, 4-443
Convertible debt securities—See Debentures; Securities.
Cooperative banks
Securities registration, exemption, 5-079
Cooperative marketing associations
Agricultural, adjudications before Federal Reserve Board; award of fees and expenses, 8-091
Agricultural and commercial paper purchase on open market, rulings and principles, 8-855
Discounts of agricultural paper by Federal Reserve Banks, 1-127
Cooperative organizations
Agricultural—See Agricultural cooperatives.
Marketing associations—See Cooperative marketing associations.
Securities registration, exemption, 5-079
Correspondent relationships
Affiliate–member bank relationships, exemption from quantitative limits, 3-1156
Definitions—See Definitions.
Federal Reserve Banks, foreign correspondents of, 9-834
Interbank liabilities, limitations, 3-001 et seq.
See also Interbank transactions.
Loans by—See Loans to officers, directors, and shareholders of member banks.
Money laundering, programs to prevent, 3-1705.2 et seq.
See also Currency and foreign transactions.
Pass-through accounts, reserve requirements—See Pass-through accounts and Pass-through correspondents.
Cosigners
Equitable requirement on credit application, 6-132
Spouse not to be specified on credit application, 6-037; 6-5037
Cotton
Commodity Credit Corporation notes on, execution by member bank executive officer as prohibited transaction, 3-1047
Counsel—See Attorneys.
Country riskSee also International lending supervision.
Bank portfolio examination, uniform procedures, 3-1510
Management practices, 3-1510.1
Reserves, additional—See International lending supervision, at Allocated transfer-risk reserve.
Courts—See Federal courts.
Covenants—See Securities credit by banks and persons other than brokers and dealers.
CreditSee also Loans; classes of borrowers and lenders, generally.
Aggregates, Federal Reserve Board to maintain, 1-017
Arranging by securities brokers or dealers—See Arranging credit.
Availability, interagency program to ensure, 3-1511
Balances—See Balances.
Business
See also Equal credit opportunity; Truth in lending.
Rate ceilings, 1-610 et seq.
Real estate settlement procedures, exemption, 6-1356.3; 6-1381
Closed-end—See Equal credit opportunity; Truth in lending.
Commercial—See Business, this heading.
Consumer—See Consumer credit.
Reporting—See Fair credit reporting.
Control—See Credit control.
Definition
Credit control, as to, 1-535
Equal credit opportunity, as to, 6-097
Truth in lending, as to, 6-617; 6-1032; 6-1162.1; 6-1162.11; 6-5617; 6-6162.1; 6-6162.11
Disclosures—See Truth in lending.
Equal opportunity—See Equal credit opportunity.
Federal Reserve Bank—See Federal Reserve Banks.
History—See Equal credit opportunity.
Incidental—See Equal credit opportunity.
Information—See also Equal credit opportunity.
Foreign banks, Federal Reserve Banks' furnishing, 7-092
Open-end—See Equal credit opportunity; Truth in lending.
Programs—See also Equal credit opportunity.
Reporting—See Fair credit reporting.
Securities—See Borrowers obtaining securities credit; Credit by brokers and dealers; Securities credit by banks and persons other than brokers or dealers.
Credit and charge cardsSee also Debit cards; Truth in lending.
Accepted, defined as to truth in lending, 6-1036
Account management, interagency guidance, 3-1485
Address change, notice of followed by request for additional or replacement card; regulations governing, 6-1568.4; 6-3120; 6-3121
Agent as issuer, truth in lending, 6-1161.7
Allowance for loan losses, interagency guidance, 3-1485
Altered credit cards, use, 6-1098 et seq.
Annual percentage rate, 6-781; 6-1172.1; 6-5781; 6-6172.1
Introductory, 6-1081.193
See also Truth in lending.
Applications and solicitations, disclosures in, 6-664 et seq.; 6-1081.1 et seq.; 6-1166 et seq.; 6-5976 et seq.; 6-6189.91 et seq.
See also specific items to be disclosed, this heading.
Forms, model disclosure, 6-1000.1 et seq.; 6-1191; 6-6000.1 et seq.; 6-6191
Internet, or other interactive computer service, 6-1081.194
Public, available to, 6-664.7; 6-664.8; 6-1081.13 et seq.; 6-1166.15 et seq.; 6-5976.7; 6-5976.8; 6-6189.926 et seq.
Forms, model disclosure, 6-1000.4; 6-6000.4
Tabular format, 6-1072.1; 6-1081.1
Balance-computation methods, 6-664.5; 6-665 et seq.; 6-1081.1; 6-1166.1; 6-1166.2; 6-5976.5; 6-5977 et seq.; 6-6189.92; 6-6189.931
Balance-transfer fee, disclosure, 6-664.5; 6-5976.5
Bank
Business purposes of bank, card issued to employees for; insider-lending restrictions, 3-1081.5
Community reinvestment—See Community reinvestment.
Organization engaging credit card operations not considered bank, 4-060
Credit card banks, 6-1298
Bank holding companies, activities not closely related to banking
Bank, organization engaging solely in credit card operations not considered, 4-060
Bank holding company status, exemption from, 4-082.11
Foreign bank, control of, 4-082.21
Deposit accounts, credit card accounts linked to, 4-338.1
Supermarket credit cards, provision of, 4-334
Billing-error resolution, 6-765 et seq.; 6-1171 et seq.; 6-5765 et seq.; 6-6171 et seq.
Additional charges on undisputed amounts, 6-1171.4; 6-6171.4
Adverse credit reports prohibited, 6-767; 6-1171.4; 6-1171.5; 6-5767; 6-6171.4; 6-6171.5
Authorized use, 6-1171.1; 6-6171.1
Automatic payment plans, coverage and time of notice, 6-1171.4; 6-6171.4
Charges for, 6-1171; 6-6171
Collection actions, prohibited, 6-1171.4; 6-6171.4
Computational errors, 6-1171.1; 6-6171.1
Credit bureau, adverse report to, 6-1171.7; 6-6171.7
Creditor's rights and duties after resolution, 6-769; 6-1171.7; 6-5769; 6-6171.7
Definition, 6-765; 6-1171.1; 6-5765; 6-6171.1
Different billing error than asserted, procedure, 6-768; 6-1171.6; 6-5768; 6-6171.6
Disputed amount, consumer's right to withhold, 6-1171.4; 6-6171.4
Documentation requests, 6-1171.1; 6-6171.1
Electronic Fund Transfer Act, relation to, 6-770; 6-1171.8; 6-5770; 6-6171.8
Investigation, correction without, 6-1171.3; 6-6171.3
No billing error, procedure, 6-768; 6-1171.6; 6-5768; 6-6171.6
Occurrence as asserted, procedures, 6-768; 6-1171.5; 6-5768; 6-6171.5
Payment, right to withhold, 6-1171.4; 6-6171.4
Provisional corrections, 6-1171.3; 6-6171.3
Reassertion of billing error, 6-770; 6-5770
Regulation E, relation to, 6-770; 6-1171.8; 6-5770; 6-6171.8
Temporary corrections, 6-1171.3; 6-6171.3
Undisputed amounts, imposition of additional charges on, 6-1171.4; 6-6171.4
Business credit cards, 6-1101
Liability for unauthorized use, 6-1170.2; 6-6170.2
Cardholder
Claims against issuer, right to assert, 6-750; 6-1170.3 et seq.; 6-5750; 6-6170.3 et seq.
Defenses against issuer, right to assert, 6-750; 6-1170.3; 6-5750; 6-6170.3 et seq.
Definition as to, 6-615; 6-1036; 6-1161.8; 6-1170; 6-5615; 6-6161.8; 6-6170
Identification of, 6-748; 6-1170.1; 6-5748; 6-6170.1
Unauthorized use, liability for, 6-748; 6-1096; 6-1097; 6-1170 et seq.; 6-5748; 6-6170 et seq.
Card issuer defined as to, 6-615; 6-1161.7; 6-5615
Cash discounts, use with, 6-1118
Charge cards
Disclosures in applications and solicitations—See Applications and solicitations, this heading.
Charges—See Fees, this heading.
Check-guarantee cards excluded from claims and defense provisions, 6-750; 6-5750
Claims against issuer, right of cardholder to assert, 6-750; 6-1121; 6-1122; 6-1170.3 et seq.; 6-5750; 6-6170.3 et seq.
Community development loans, not considered, 6-1271.2
Counterfeit credit cards, use, 6-1098 et seq.
Crediting account, returns and refunds, 6-752; 6-1170.9; 6-5752; 6-6170.9
Debit cards—See Debit cards.
Defenses against issuer, right of cardholder to assert, 6-750; 6-1121; 6-1122; 6-1170.3 et seq.; 6-5750; 6-6170.3 et seq.
Definitions—See also Charge cards, this heading.
Equal credit opportunity, as to, 6-007; 6-5007
Truth in lending, as to, 6-617; 6-1036; 6-1162.2; 6-5617; 6-6162.2
Deposit accounts linked to credit card accounts; activities not closely related to banking, 4-338.1
Deposits, use of to repay indebtedness prohibited, 6-1170.6; 6-6170.6
Disclosures
Applications and solicitations—See Applications and solicitations, this heading.
Consumer Financial Protection Bureau, regulatory authority over, 6-1081.19
Privacy, 6-7411
Requirements for refusal to honor, 6-1598
Discount card, purchase-price; as credit card, 6-1162.2; 6-6162.2
Issuance of, 6-1169.6; 6-6169.6
Discounts, 6-753; 6-5753
Cash, 6-1118
Disputed transactions, adverse credit reports prohibited, 6-750; 6-766; 6-1170.3 et seq.; 6-5750; 6-5766; 6-6170.3 et seq.
Dual-purpose cards and card systems, truth in lending, 6-1161.8; 6-6161.8
Electronic Fund Transfer Act
Billing-error resolution, relation to, 6-770; 6-5770
Relation to, 6-754; 6-5754
Equal credit opportunity, definition as to, 6-007; 6-5007
Fair credit reporting disclosure requirements for refusal to honor, 6-1598
Fees
See also Truth in lending.
Annual or periodic, 6-664.4; 6-1081.1; 6-1081.16; 6-5976.4
Billing-error resolution, for, 6-1171; 6-6171
Introductory waiver or reduction of, 6-1166.07; 6-6189.917
Optional services, for, 6-1166.07; 6-6189.917
Renewal of account, 6-1081.2; 6-1168.93; 6-6168.93
Varying fees from state to state, 6-1081.4; 6-1166.04; 6-6189.914
Fictitious credit cards, use, 6-1098 et seq.
Finance charges—See also Truth in lending.
Forged credit cards, use, 6-1098 et seq.
Forms, model—See Forms, at Truth in lending.
Fraudulent use, 6-1098 et seq.
Freezes on accounts, restrictions, 6-1170.6; 6-6170.6
Government travel charge cards, disclosures of financial records in connection with, 6-1775.4
Holder—See Cardholder, this heading.
Holds on accounts, restrictions, 6-1170.6; 6-6170.6
Hybrid card, purchase of stocks with, 5-942.14
Identification of cardholder or user, 6-748; 6-1170.1; 6-5748; 6-6170.1
Identity theft—See Identity theft.
Insurance for payment of balance, change in provider, 6-717; 6-718; 6-1081.5; 6-1168.95; 6-1168.96; 6-5717; 6-5718; 6-6168.95; 6-6168.96
Forms, model disclosure, 6-1000.6; 6-1000.7; 6-6000.6; 6-6000.7
Introductory rates, 6-1166.06; 6-6189.916
Issuance, 6-747; 6-1095; 6-1169.6 et seq.; 6-5747; 6-6169.6 et seq.
Credit features, addition of, 6-1169.6; 6-6169.6
Noncredit card plan, substitution, 6-1169.8; 6-6169.8
Noncredit cards, issuance, 6-1169.7; 6-6169.7
Persons to whom cards may be issued, 6-1169.7; 6-6169.7
Renewal or substitution, 6-747; 6-1169.8; 6-1169.9; 6-5747; 6-6169.8; 6-6169.9
Request, explicit, 6-1169.6; 6-6169.6
Successor card issuer, 6-1169.8; 6-6169.8
Time of issuance, 6-1169.7; 6-6169.7
Variance of card from request, 6-1169.6; 6-6169.6
Issuer
Definition as to truth in lending, 6-615; 6-1036; 6-1161.7; 6-5615
State member bank investment in permissible, 3-447.14
Successor card issuer, substitution, 6-1169.8; 6-6169.8
Late payments—See Fees, this heading.
Liability—See Unauthorized use, this heading.
Lost credit cards
Notification of, 6-749; 6-1170.2; 6-5749; 6-6170.2
Use, 6-1098 et seq.
Member bank officers and shareholders, reports on extension of credit to; credit card plans, 3-1095
Merchant-service provider, state member bank investment in permissible, 3-447.14
Minimum required payment, warnings about making, 6-1081.01 et seq.
Money laundering, preventing; programs for operators of credit card systems, 3-1742.7
Multiple creditors sharing responsibility, 6-1169.9; 6-6169.9
Offsets by card issuer prohibited, 6-751; 6-1120; 6-1170.6 et seq.; 6-5751; 6-6170.6 et seq.
Overdraft accounts, 6-1170.6; 6-6170.6
Payment plans, automatic; exceptions, 6-1170.8; 6-6170.8
Payments due upon receipt, 6-664.5; 6-1166.11; 6-5976.5; 6-6189.921
Privacy of consumer financial information
Opting out, 6-7433
Privacy notices, 6-7411; 6-7419
Receipts, truncation of account numbers, 6-1555.21
Refunds, prompt notification of and crediting, 6-752; 6-1170.9; 6-5752; 6-6170.9
Refusal to honor, fair credit reporting disclosure requirements, 6-1598
Regulation E
Billing-error resolution, relation to, 6-770; 6-5770
Relation to, 6-754; 6-5754
Renewal of account
Replacement of cards, 6-747; 6-1169.8; 6-1169.9; 6-5747; 6-6169.8; 6-6169.9
Reports, adverse credit; disputed transactions, 6-750; 6-766; 6-1170.5; 6-5750; 6-5766; 6-6170.5
Reports on extension of credit to member bank officers and shareholders, credit card plans, 3-1095
Returns, prompt notification of and crediting, 6-752; 6-1170.9; 6-5752; 6-6170.9
Rights
Cardholder, of; to assert claims or defenses against issuer, 6-750; 6-1121; 6-1122; 6-1170.3 et seq.; 6-5750; 6-6170.3 et seq.
Customers, of, 6-1121; 6-1122
Risk management, interagency guidance, 3-1485
Securities transactions, use of in, 5-606.59; 5-942.14
Security interests, 6-751; 6-1170.7; 6-5751; 6-6170.7
Small-business loans, community reinvestment, 6-1279.3
Solicitations—See also Applications and solicitations, this heading.
Definition, 6-664; 6-5976
State law, applications and solicitations, 6-1181.02; 6-6181.02
Stocks—See Securities transactions, this heading.
Stolen credit cards
Notification of, 6-749; 6-5749
Use, 6-1098 et seq.
Substitution of cards, 6-747; 6-1169.8; 6-1169.9; 6-5747; 6-6169.8; 6-6169.9
Supermarket, provision by bank holding companies; not closely related to banking, 4-334
Systems, operators of; anti-money laundering programs, 3-1742.7
Termination of account, 6-1168.93; 6-6168.93
Theft, notification of issuer, 6-749; 6-1170.2; 6-5749; 6-6170.2
Third-party credit, access to, 6-664.9; 6-1081.18; 6-1166.19; 6-5976.9; 6-6189.93
Form, model disclosure, 6-1000.5; 6-6000.5
Tie-in arrangements, 6-753; 6-5753
Services prohibited, 6-1119
Transaction-by-transaction billing, rules for issuers, 6-990; 6-1190.5; 6-5990
Unauthorized use
Liability of cardholder for, 6-748 et seq.; 6-1096; 6-1097; 6-1170 et seq.; 6-5748 et seq.; 6-6170 et seq.
Agreement between card issuer and holder, 6-749; 6-5749
Burden of proof on issuer, 6-1097
Model clause and form, 6-993; 6-1190.8; 6-5993; 6-6190.8
State law, applicability of, 6-749; 6-5749
Notification of, 6-749; 6-5749
Usable from time to time, truth in lending, 6-1162.2; 6-6162.2
Credit by brokers and dealers, 5-051 et seq.; 5-392 et seq.
See also Regulation T; Securities brokers and dealers.
Accounts—See also specific types of accounts, this heading.
Buying power in, 5-645
Guarantee of, 5-404
Separation of, 5-403
Withdrawals of cash or securities from, 5-409
Adjusted debit balance
Interest rate on, 5-650.353
Liquidation in lieu of deposit, 5-486
Same-day withdrawal, 5-516
Short sales against the box, 5-496 et seq.; 5-690
Affiliated corporations, definition as to broker-dealer credit accounts, 5-392.1
Arbitrage accounts
See also Arbitrage.
Conversions and reverse conversions, 5-540
Convertible securities, offsetting sale of in, 5-541.1
Employee stock options, cashless exercise of, 5-541
Foreign stock, 5-535
Interest accrued in, 5-699
Loss, transactions resulting in, 5-696
Risk transactions, 5-697
Short sales against the box, 5-541.2
Arranging for loans by others—See Arranging credit.
Assignment, loans secured by, 5-666.16
Back office, joint or common; broker-dealer credit account, 5-422; 5-615.81 et seq.
Backup withholding, cash accounts, 5-615.91
Banks, not included as creditor in transfer of accounts, 5-511
Borrowing and lending securities, 5-056; 5-439
Chain borrowing, 5-615.12
Commitment fee, 5-615.27
Convertible securities, 5-615.16
Dividend reinvestment plans, 5-615.01; 5-615.1; 5-615.21; 5-615.24
Euroclear System, 5-615.22
Exempted borrower, 5-439
Foreign securities, 5-615.26
Individuals, from, 5-472
Mutual funds, from, 5-610
Pre-borrowing impermissible, 5-472; 5-610; 5-615.22
Borrowing by creditors, repeal of certain restrictions on, 5-473
Broker-dealer credit accounts, 5-422 et seq.; 5-615.7 et seq.
Back office, joint or common, 5-422; 5-615.81 et seq.
Capital contributions, 5-490.1; 5-615.71
Sole proprietors, to, 5-615.72
Customer, broker-dealer as, 5-474.4
Emergency credit, 5-615.79
Government securities, options on; purchase by government securities dealer, 5-615.77
Limited partnership units, loans to purchase; 5-615.73
Midwest Clearing Corporation, trades cleared through, 5-615.76
Short sales, 5-615.78
Subsidiaries as creditors, 5-615.7
Calls—See Options.
Cancellation of transactions by creditors, 5-428
Public offering, cancellation after final prospectus, 5-641.13
Capital contributions, broker-dealer credit accounts, 5-423; 5-490.1; 5-615.71
Sole proprietors, to, 5-615.72
Cash accounts—See Cash accounts.
Cash equivalent, definition, 5-392.1
Cash out, loan to; purpose credit, 5-677
Cash withdrawals—See Withdrawals of cash or securities, this heading.
Certificates of deposit, ineligible as collateral in margin accounts, 5-686.1
Chain borrowing, borrowing and lending securities, 5-615.12
Clearance of securities, 5-436
Clearing firms, 5-618 et seq.
See also Clearing agencies.
COD transactions—See Delivery against payment, this heading.
Coins, buying and selling; nonsecurities credit account, 5-650.85
Collateral—See specific types of collateral, this heading.
Commingling of securities, 5-056
Commodities transactions
Futures—See Futures, this heading.
Good faith account, in, 5-421
Limited partnerships, as margin for, 5-650.84
Truth in lending requirements, exemption, 6-634; 6-1164; 6-5634; 6-6164
Common back office—See Back office, joint or common, this heading.
Convertible securities
Arbitrage account, offsetting sale of in, 5-541.1
Borrowing, 5-615.16
Short sale, 5-688
Cover for options—See Options.
Credit balances, definition, 5-393
Credit cards, use of in securities transactions, 5-606.59
Creditor
Bank, non–exchange member; not considered in transfer, 5-511
Definition, 5-393
Insurance company, 5-942.7
Lessor of exchange seat, 5-621.41
Partner of
Accounts of, margin and equity of, 5-407.1
Individual, 5-475
Representatives of firms, registered, 5-621.4
Subsidiary as, 5-615.7
National Corporation for Housing Partnerships, broker-dealer subsidiary of, 5-621.3
Credit union, margin account arrangement with broker-dealer, 5-650.32
Current market value—See Securities, at Valuation.
Customer
Broker as, 5-474.4
Clearing firms, of—See Clearing agencies.
Definition, 5-393
Joint account as, 5-485
Limited partnership, relationship within, 5-621.53
Parents not considered, 5-621.11; 5-621.13; 5-621.14
Subsidiaries as, 5-621.1; 5-621.49
Sister, 5-621.5; 5-621.52
Trader/employees trading in broker-dealer accounts, 5-621.51
Trader/members of broker-dealer, 5-621.54
Debit balance, definition, 5-394
Adjusted—See Adjusted debit balance, this heading.
Debt securities, convertible—See Convertible securities, this heading.
Deficiency in margin account, 5-408; 5-650.35
Bank loan for, 5-633
Definition, 5-396
Delivery against payment
Cash accounts—See Cash accounts.
Definition, 5-394
Foreign securities, 5-638.5; 5-638.53 et seq.
Depository receipts, loan value—See Loan value, this heading.
DIAMONDS, 5-646.16
Disclosure to customer, 5-067
Dividend reinvestment plans, borrowing and lending securities, 5-615.01; 5-615.1; 5-615.21; 5-615.24
Dividends
Collateral, as; purpose credit, 5-942.19
Debiting margin accounts by creditors, 5-410
Due bills, acceptance of in short sale, 5-492
Emergency credit, broker-dealer credit account, 5-423
Employee stock option and ownership plans—See Employee stock option and ownership plans, at Broker-dealer, credit by.
Employee stock options, receipt of funds or securities, 5-677.5 et seq.
Employee warrants, receipt of funds or securities, 5-677.55
Equal credit opportunity exception, 6-016; 6-5016
Equity, definition, 5-394
Escrow agreements and receipts—See Options.
Eurobond transactions, settlement periods, 5-638.56
Euroclear System, borrowing and lending securities, 5-615.22
Examining authority, definition, 5-395
Exchange offer, 5-405; 5-682 et seq.
Exempted borrower, 5-406
Borrowing and lending securities, 5-439
Broker-dealer credit account, 5-425
Definition, 5-395
Futures trading, 5-621.7
Regulation T inapplicable to, 5-392
Exempted securities—See Exempted securities.
Exempted securities mutual fund, definition, 5-395
Extension of time by creditors, 5-430; 5-478 et seq.; 5-629 et seq.
Cash account, payment in—See Cash accounts.
Margin account, deposit in, 5-479
Transfer of transaction before expiration of extension, 5-512
Fail float—See Cash accounts.
Foreign affiliate, for, 5-650.351
Foreign broker-dealer, transactions with U.S. subsidiary broker-dealer, 5-650.355
Foreign currency
Debits, computing deficiency, 5-408
Definition, 5-406
Put, call, or warrant on; margin requirement, 5-445
Foreign customer, 5-481
Foreign-exchange transactions, good faith accounts, 5-421
Foreign margin stocks
Definition, 5-395.1
List of, 5-441.1 et seq.; 5-1000
Foreign military sales credit program, exempted securities, 5-628.16; 5-628.18
Foreign person, definition, 5-395.1
Foreign securities
Borrowing and lending, 5-439; 5-615.26
Definition, 5-395.1
Delivery against payment, 5-638.5; 5-638.53 et seq.
Eurobonds
Settlement periods, 5-638.56
Payment for, 5-427
Foreign stocks, transactions involving, 5-650.355
Arbitrage account, 5-535
Forms—See Forms, at Form T-4.
Free-riding—See Cash accounts.
Freeze, 90-day—See Cash accounts, at Ninety-day freeze provision.
Funds, receipt, 5-404
Fungibility of shares, 5-517
Futures
Nonsecurities credit account, 5-650.8; 5-650.84
Trading, exempted borrower, 5-621.7
Good faith account, 5-419 et seq.
Good faith margin
Definition, 5-395.1
Securities entitled to, 5-419
Sound credit judgment, exercising to determine, 5-407.2
Government securities
Cash account, sale of in; proceeds used to purchase other securities, 5-616.1
Exempted, 5-628.14
Options on, purchase by government securities dealer, 5-615.77
Government trust certificates, exempt securities—See Foreign military sales credit program, this heading.
Guarantee of accounts, 5-404
Hedging
Options, 5-666.17
Short sales, 5-691
Installment sales, cash account, 5-717
Interest, payment of, 5-650.354
Debiting margin accounts by creditors, 5-410
Interest rates, for margin account, 5-650.33
International transactions, 5-638.5 et seq.
Irrevocable surety bond, purpose credit secured by, 5-677.2
Joint accounts, 5-484; 5-485
Broker-dealer employees, 5-638.9
Joint or common back office—See Back office, joint or common, this heading.
Joint ventures
Contributions to; margin accounts, 5-407.2
Creditors, participation by, 5-485
Lending of securities by creditors—See Borrowing and lending securities, this heading.
Limited partnerships—See Limited partnerships.
Liquidation in lieu of deposits, 5-409; 5-428; 5-486; 5-639 et seq.
Limited partnership, option to cure default, 5-640
Maintenance margin requirements, 5-648
Market manipulation, disruption, 5-641
Notice of margin call, 5-641.1
Loan value
Assignment, stock option plan, 5-666.16
Auction-rate securities, 5-646.18
Depository receipts
Nasdaq-100 Shares, 5-646.17
Select Sector SPDR Funds, 5-646.17
Standard and Poor's Index depository receipts, 5-646.14
DIAMONDS, 5-646.16
Exempted securities, 5-486.5
Good faith, 5-644
Option plans, assignment securing loan, 5-666.16
Unit investment trusts, 5-646.11
Maintenance margin requirements, 5-647 et seq.
Maintenance of credit, 5-403
Margin, 5-049 et seq.
Cash account, attempt to evade margin requirements through COD payment, 5-707
Deficiency, definition, 5-396
Excess
Definition, 5-397
Special memorandum account, 5-508
Good faith, definition, 5-395.1
Maintenance—See Maintenance margin requirements, this heading.
Margin accounts—See Margin accounts, this heading.
Options—See Options, at Margin requirements.
Special memorandum account, excess margin, 5-508
Margin accounts, 5-407 et seq.; 5-650.3 et seq.
Certificates of deposit ineligible as collateral, 5-686.1
Credit union, arrangement with, 5-650.32
Deficiencies, 5-633; 5-650.35
Bank loan for, 5-633
Dividends, stock; release of, 5-942.19
Foreign affiliate, for, 5-650.351; 5-650.355
Interest, payment of, 5-650.354
Interest rates charged, 5-650.33; 5-650.353
Liquidation—See Liquidation in lieu of deposits, this heading.
Loan-repayment schedule, 5-650.86
Margin, required, 5-407.1; 5-443 et seq.
Additional, 5-408
Margin transactions, 5-407
Multiple account numbers for single account, 5-650.352
Separate accounts, 5-634; 5-650.3
Stock as collateral
Not on over-the-counter list, 5-650.31
Restricted, 5-650.34
Transfers between creditors, 5-407.2
Withdrawals, 5-409; 5-634.11
Margin calls
Definition, 5-396
Liquidation of securities in lieu of deposits, 5-409
Notice of, liquidation, 5-641.1
Time limits, 5-408
Margin equity security, definition, 5-396
Margin securities, definition, 5-397
Market maker
Broker-dealer credit account, 5-425
Definition, 5-027
Emergency credit to customers of, 5-615.79
Merger, reverse triangular; purpose credit, 5-677
Metals, buying and selling; nonsecurities credit account, 5-650.85
Military sales—See Foreign military sales credit program, this heading.
Mistakes, innocent, 5-406
Mortgage loans, nonsecurities credit and ESO account, 5-650.81; 5-650.83
Mortgage-related securities
Net settlement, when-issued securities, 5-615.952
Pass-through certificates, when-issued, 5-744.1
Multiple account numbers, single account, 5-650.352
Mutual fund shares, 5-650.6
Collateral, shares as, 5-650.62
Exempted securities, as—See Exempted securities.
Money market, definition, 5-397
Purchase of in margin account, 5-650.61
Nasdaq-100 Shares, loan value, 5-646.17
National Corporation for Housing Partnerships, broker-dealer subsidiary of, not considered creditor, 5-621.3
National market system for securities, establishment of, 5-067.1
National market system security, registration requirements, 5-679.1
New securities
Prohibitions on transactions in, 5-067
Reorganization and recapitalization, margin status, 5-683.1
Ninety-day freeze—See Cash accounts.
Nonexempted securities
Definition, 5-397
Sale, 90-day freeze, 5-429
Nonmargin security, cash withdrawal for purchase of, 5-634.11
Nonpayment, liquidation for, 5-641.11
Nonpurpose credit
Good faith account, in, 5-421
Line of, nonsecurities credit account; Form T-4, 5-650.82
Purpose credit, and; to same customer, 5-807; 5-928; 5-928.1
Nonsecurities credit accounts
Coins and metals, 5-650.85
Continuing line of credit, Form T-4, 5-650.82
Futures, 5-650.8; 5-650.84
Monthly charges, Form T-4, 5-632.1
Mortgage loans, 5-650.81; 5-650.83
Repayment schedule, 5-650.86
Transfer between customers, 5-650.87
Offset positions, permitted for specialists, DIAMONDS, 5-646.16
Omnibus accounts
Clearing firm, use by, 5-619
Foreign broker-dealers, 5-737
History, 5-735
Transactions financed but not effected in account, 5-736
Omnibus credit, 5-424
Options—See Options.
Over-the-counter margin stocks
Definition, 5-399
List—See Over-the-counter margin stock list.
Parent institution not customer of clearing firm, indicia of ownership, 5-621.14
Payment
Period, definition, 5-400
Prompt—See Prompt payment, this heading.
Receipt of funds or securities—See Receipt of funds or securities, this heading.
Portfolio margining system, financial relations complying with, 5-392
Premiums on borrowed securities, debited to margin account, 5-483
Prime broker transactions, 5-420
Prompt payment, 5-712.1
Cash accounts—See Cash accounts.
Clearing firms, 5-621.15
Puerto Rico, Government Development Bank of; bonds as exempted securities, 5-628.12
Purpose credit, 5-490 et seq.; 5-675 et seq.
Capital-contribution loan, 5-490.1
Cash out, loan to, 5-677
Definition, 5-400
Merger, 5-677
Nonpurpose credit, and; to same customer, 5-807; 5-928; 5-928.1
Refinancing, 5-676
Retirement of stock, 5-490; 5-675; 5-677.21
Securities exchange seat, factoring proceeds of sale of, 5-677.1
Stock dividend, loan secured by, 5-942.19
Surety bond, irrevocable, 5-677.2
Purpose statement—See Forms, at Form T-4.
Puts—See Options.
Recapitalization and reorganization, 5-682 et seq.
Receipt of funds or securities, 5-404; 5-541; 5-677.5 et seq.
Records maintained by creditors, 5-403
Refinancing, purpose credit, 5-676
Registered securities, withdrawal on same day as another transaction, 5-516
Registration of transactions, 5-678; 5-679
Reorganization and recapitalization, 5-682 et seq.
Restricted account, substitution of same number of shares of same stock, 5-517
Retirement of stock, purpose credit, 5-490; 5-675; 5-677.21
Risk transactions, arbitrage accounts, 5-697
Securities, receipt of as payment
Auction-rate, 5-646.18
Receipt of as payment—See Receipt of funds or securities, this heading.
Securities exchange seat
Factoring proceeds of sale of, 5-677.1
Lessor as creditor, 5-621.41
Securities future products, 5-051.1
Select Sector SPDR Funds, loan value, 5-646.17
Separation of accounts, 5-403
Service charges, debiting by creditors, 5-410
Shipment of securities, time extension; cash accounts, 5-428
Short positions
Margin securities, in, 5-688
Sinking fund, 5-694
Transfer of accounts, 5-739.1
Short puts and calls—See Options.
Short sales of securities, 5-492 et seq.; 5-687 et seq.
Against the box, 5-496 et seq.; 5-690; 5-693.41
Arbitrage account, in, 5-541.2
Margin required, 5-407.1
Warrant box combined with short sale, 5-693.4
Bank loan secured by second lien on margin account, 5-928.2
Borrowing and lending securities, 5-439
Dividend reinvestment plan, 5-615.21
Broker-dealer credit account, 5-615.78
Cash account, in; dividend reinvestment plan, 5-615.21
Convertible debt security, 5-688
DIAMONDS, use of to offset margin requirements, 5-646.16
Due bills, acceptance of, 5-492
Extensions of credit, as, 5-693.3
Margin requirements, 5-444
Exchanges, requirements of, 5-687
Options—See Options.
Warrants, 5-689; 5-692
Specialist credit, broker-dealer credit account, 5-425
Special memorandum accounts, 5-417; 5-418
Credit, as, 5-733.63
Deficiencies in margin accounts, 5-733.6; 5-733.62
Delivery-against-payment transactions, 5-616.11
Excess margin, 5-508
Mandatory, use of not, 5-733.64
Withdrawal of cash, 5-733.61
Special-purpose credit, 5-425
Standard and Poor's Index depository receipts, loan value, 5-646.14
Stock dividend, loan secured by; purpose credit, 5-942.19
Stock not on over-the-counter list as collateral, 5-650.31
Straddles—See Options.
Subordinated loan for capital purposes, 5-423; 5-615.75
Subsidiaries of broker-dealers
Clearing firms as, 5-621.11
Creditors, as; broker-dealer credit accounts, 5-615.7
Customers, not considered, 5-621.49
Sister subsidiaries, as customers, 5-621.5
Surety bond, irrevocable, as collateral, 5-677.2
Tax, transfer; debited to account, 5-483
Tenders offers—See Tender offers.
Time limits for margin calls
Cash accounts, for, 5-427
Extension of—See Extension of time by creditors, this heading.
Margin accounts, 5-408
Transfer of transaction to another account, 5-430; 5-512
Transfers of margin accounts between creditors
Bank not creditor, 5-511
Short position, 5-739.1
SMA letter forwarded to broker, 5-739
Treasury bond options, covers for, 5-666.15
Truth in lending, exemption for transactions in securities or commodities accounts, 6-634; 6-1164; 6-5634; 6-6164
Underlying securities, definition, 5-402
Undermargined accounts—See Adjusted debit balance, this heading.
Unissued securities
Cash account, deposit in, 5-718.2
Margin requirements, 5-652
Valuation of securities—See Securities.
Variable-annuity contracts, 5-741
Warrants on securities index or foreign currency, margin requirements, 5-445
When-distributed securities, 5-742
When-issued securities, 5-515; 5-743 et seq.
Margin required, 5-407.1
Withdrawals of cash or securities, 5-409
Nonmargin security, for purchase of, 5-634.11
Same day as other transaction, 5-516
Short sales—See Short sales of securities, this heading.
Special memorandum accounts, 5-733.61
Substitution, and, 5-517
Withholding, backup; cash accounts, 5-615.91
Credit Card Accountability, Responsibility, and Disclosure Act of 2009, 6-1565.3
Credit cards—See Credit and charge cards.
Credit control, 1-532 et seq.
Amounts of credit extended, reports on, 1-541
Attorney general, actions on behalf of, 1-534
Authority for institution, 1-539
Borrower defined as to, 1-536
Characteristics of credit extended, reports on, 1-541
Civil penalties for violations, 1-543
Credit Control Act, 1-535 et seq.
Credit defined as to, 1-535
Creditor defined as to, 1-535
Credit sale defined as to, 1-536
Credit transaction
Definition as to, 1-536
Interest rate determination, 1-538
Licensing requirements, 1-540
Recordkeeping, 1-540
Registration requirements, 1-540
Criminal penalties for violation, 1-544
Defense Production Act provisions, 1-532 et seq.
Delegation of authority, 1-533
Federal Trade Commission surveys, 1-533
Extension of credit defined as to, 1-536
Extent of control, 1-540
Federal Reserve Board
Definition as to, 1-535
Regulations issued by, 1-537
Injunctions involving, 1-542
Interest rate determination on credit transactions, 1-538
Kinds of credit extended, reports on, 1-541
Licensing credit transactions, 1-540
Loan defined as to, 1-536
Penalties
Civil, 1-543
Criminal, 1-544
Recordkeeping for credit transactions, 1-540
Regulations prescribed by Federal Reserve Board, 1-537
Reports, 1-541
Credit Control Act, 1-535 et seq.
See also Credit control.
Credit reporting—See also Fair credit reporting; Truth in lending.
Foreign banking organizations engaging in, 3-591
Credit scoring systems—See Equal credit opportunity.
Credit unionsSee also National Credit Union Administration.
Bank, as
Bank holding company activities, not considered, 4-060
Currency and foreign transactions, reporting requirements, 3-1700
See also Currency and foreign transactions, generally.
Borrowings from corporate central credit union exempt from reserve requirements, 2-305.4
Checking-type accounts maintained at corporate central as due-from deductions, as to reserve balances, 2-307.7
Corporate central credit union, borrowings from exempt from reserve requirements, 2-305.4
Currency transactions—See Currency and foreign transactions, generally.
Definition as to robbery and theft, 1-470
Derivatives activities, risk management, 3-1562
Employee stock option plans—See Employee stock option and ownership plans.
Executive officers of member banks, reports of indebtedness to credit unions, 3-1052
Expedited funds availability, California regulations, 9-661
Federal Reserve Bank credit, credit union as depository institution, 2-002
Foreign transactions—See Currency and foreign transactions, generally.
Interest payments by—See also Availability of funds.
Disclosure, regulations governing, 6-6990
Interlocks, management official, 3-824
Margin account arrangement with broker-dealer, 5-650.32
Member banks, indebtedness of executive officers to credit unions; reports of, 3-1050 et seq.
Money laundering, prevention of—See Currency and foreign transaction, generally.
Payroll savings, check presented; means of reporting, 2-306.3
Recordkeeping requirements, 2-306.8
Reserve requirements
Balances, checking-type accounts maintained at corporate central as due-from deductions, 2-307.7
Corporate central credit union, borrowings from exempt, 2-305.4
Depository institution, credit union as, 2-155; 2-210
Recordkeeping requirements, 2-306.8
Shares not deposits, 2-133
Robbery, penalties, 1-467 et seq.
Securities credit
Employee stock option plans—See Employee stock option and ownership plans.
Margin account arrangement with broker-dealer, 5-650.32
Securities investments, risk management, 3-1562
Share drafts of deposited in account—See Availability of funds.
Shares, not deposits for purposes of reserve requirements, 2-133
Creditworthiness—See Equal credit opportunity.
CrimesSee also specific crimes.
Acceptance, unauthorized circulation, 1-462
Advertising, false; as to banking operations, 1-458
Agreement corporation, reporting of, 3-521
Bank employees
Dishonesty blanket bonds, 3-1555
Employment references, disclosure of suspicions of illegal activity, 1-398.4; 3-1776.6
Whistleblower protections, 1-399.55; 1-399.56
Bank examiner
Association with banking organization, violation of one-year restriction on, 1-385.09; 1-385.091; 8-580; 8-581
Gratuity or loan, financial institution offering to, 1-451
Acceptance by examiner, 1-452
Information, disclosure by, 1-465
Services performed for financial institution in return for compensation, 1-466
Theft by, 1-456
Bank holding company
Employment of convicted individual, 1-398.52
Reporting of known or suspected crimes, 4-015.2
Banking practices, 1-448 et seq.
Bank note, unauthorized circulation, 1-462
Bank robbery—See also Robbery.
Prevention—See Security devices and procedures.
Bill of exchange, unauthorized circulation, 1-462
Bond, unauthorized circulation, 1-462
Bookkeeping, false entry, 1-462
Certificate of deposit, unauthorized circulation, 1-462
Checks, false certification, 1-461
Commission, requesting or accepting for procuring loan, 1-454 et seq.
Conflict of interest—See Conflict of interest.
Consumer credit reports, information about convictions in, 6-1555
Currency
Issuance, wrongful, 1-455
Laundering—See Currency and foreign transactions; Money laundering.
Smuggling, 3-1788.37
Debenture, unauthorized circulation, 1-462
Drafts, unauthorized circulation, 1-462
Edge corporations
Directors, officers, or employees of; crimes committed by, 1-250
Reporting of, 3-521
Embezzlement, 1-457
Examiner—See Bank examiner, this heading.
Extension of credit, false statements to influence, 1-463
Fair Credit Reporting Act, penalties for noncompliance, 6-1647
False representation—See False representation.
Federal Reserve notes, wrongful issuance, 1-455
Fees, personal; requesting or accepting for procuring loan, 1-453
Felony, charges as cause for removal of party affiliated with insured depository institution; rules and procedures for hearings, 8-086.9 et seq.; 8-101
Foreign bank in United States, reporting crimes or suspected crimes, 3-606
Bank Holding Company Act, foreign banks subject to, 4-015.2
Foreign governments indebted to United States, financial transactions with, 1-459
Gifts, requesting or accepting for procuring loan, 1-454 et seq.
Gratuities—See Bribery.
Inside information, use of—See Securities violations.
Institution-affiliated party, committed by
Notice of intention to remove from office, 1-364
Orders of suspension, removal, and prohibition from participation, 1-369
Judgment, unauthorized issuance, 1-462
Kickbacks—See Real estate settlement procedures.
Larceny, bank; committed by nonemployee, 3-372
Loans
Commissions, requesting or accepting for procuring loan, 1-454 et seq.
Examiners, financial institution offering to, 1-451
Acceptance by examiner, 1-452
False statements to influence, 1-463
Fees, personal; requesting or accepting for procuring loan, 1-453
Gifts, requesting or accepting for procuring loan, 1-454 et seq.
Lotteries, financial institutions barred from participation in, 1-464
Mortgage, unauthorized issuance, 1-462
Note, unauthorized circulation, 1-462
Obligations
Representing that United States is liable for, 1-251
Unauthorized circulation, 1-462
Personal financial interest, acts affecting, 1-449 et seq.
Federal Reserve Bank directors, 8-168 et seq.
Robbery—See Robbery.
Savings and loan holding companies, employment of convicted individual, 1-398.52
Securities—See Securities violations.
Smuggling currency or other monetary instruments, 3-1788.37
Terrorism
Consumer reporting agencies, disclosures to government agencies—See Fair credit reporting.
Definition, domestic and international, 1-470.1
Falsification and concealment involving, penalties, 1-460
Financial privacy in connection with investigations of—See Right to financial privacy.
Money laundering—See Currency and foreign transactions.
Theft—See also Theft.
Bank, from, 1-467 et seq.
Bank examiner, by, 1-456
Trading with the enemy, 1-441
CurrencySee also Cash; Coinage; Money.
Bank of issue not identifiable, redemption by Treasurer of the United States, 1-431
Cancellation, 1-420
Comptroller general, cancellation or destruction of currency; records of federal agencies available for, 1-288
Confiscation for trading with the enemy, 1-440
Conversion of foreign currency into United States currency, 1-423
Definition as to currency and foreign transactions, 3-1700.11
Destruction, records of federal agencies available for Comptroller General, 1-288
Federal Reserve Bank currency services, fee schedules; coverage, 1-105; 9-1562; 9-1567
Access, policy statement, 9-1578
Federal Reserve notes—See Federal Reserve notes.
Foreign currency—See Foreign currencies.
Gold—See Gold.
International Monetary Fund, purchase from, 1-494; 1-495
Issuance
Department of the Treasury, by, 1-084
Wrongful, Federal Reserve notes, 1-455
Legal tender, definition, 1-415
Redemption in gold of cancelled currency, 1-420
Security devices and procedures, currency safekeeping, locked teller drawers as substitute for removing currency, 3-452
Trading with the enemy, confiscation for, 1-440
Transactions—See Currency and foreign transactions.
Treasurer of the United States to redeem when bank of issue not identifiable, 1-431
United States currency
Foreign currency converted into, 1-423
Shipments from foreign banks, acceptance of, 7-093
Vault cash—See Reserve requirements, at Vault cash.
Currency and foreign transactions, 3-1700 et seq.
See also Bank Secrecy Act; Money laundering.
Accept transmittal order, definition, 3-1700
Administrative procedure, uninsured financial institutions, 3-1759
Agreement corporations, 3-521; 3-772
Anti-money laundering programs, 3-1710.5 et seq.
See also specific type of entity or account, this heading.
Authority of Secretary of Treasury to require, 3-1776.8
Enforcement to address noncompliance with requirements, interagency statement, 3-1873.21
Federal banking agency, records request by, 3-1776.83
At one time, definition, 3-1700
Bank checks and drafts for over $3,000
Identification required, 3-1786
Records of sales, 3-1786 et seq.
Banks
Definition, 3-1700.1; 3-1710.7
Records to be kept by, 3-1711.7 et seq.; 3-1722 et seq.
Exceptions, 3-1711.75
Retrievability, 3-1711.73
State member banks, procedures for monitoring Bank Secrecy Act compliance, 3-378; 3-379; 3-408.1
Uninsured
Administrative procedure, 3-1759
Civil penalty, 3-1755
Compliance, 3-1758
Criminal penalty, 3-1756; 3-1757
Injunctions, 3-1754
Procedures, 3-1752; 3-1753
Recordkeeping, 3-1752; 3-1753
Reports on ownership and control, 3-1751
Beneficial owner, definition as to anti-money laundering programs, 3-1705.1
Beneficiary
Definition, 3-1700.1
Noncustomer, 3-1711.72
Beneficiary's bank, definition, 3-1700.1
Branches, multiple, 3-1702.2
Brokers and dealers—See Securities brokers and dealers, this heading.
Burma, special measures, 3-1705.4
Business, reports of receipt of currency in excess of $10,000—See Trade or business, this heading.
Cash—See Currency, this heading.
Cashier's checks for over $3,000
Identification required, 3-1786
Records of sales, 3-1703.2 et seq.
Casinos
Exceptions and exemptions from reporting requirements, 3-1709.61
Financial institution, defined as, 3-1700.31; 3-1762
Money-services business, as, 3-1700.51
Civil penalties, 3-1707.2 et seq.; 3-1779 et seq.
Money-transmitting business, violation of registration requirements, 3-1788.3
Uninsured banks and financial institutions, 3-1755
Coin and currency transactions—See Currency, this heading.
Commodity
Broker, introducing
Definition, 3-1700.2
Records to be maintained, exceptions, 3-1703.16; 3-1711.75
Suspicious-activity reports, 3-1735.3
Definition, 3-1700.2; 3-1734.7
Option on, definition, 3-1700.2
Compliance, 3-1776 et seq.
Enforcement, interagency statement, 3-1873.21 et seq.
Uninsured banks and financial institutions, 3-1758
Contract of sale, definition, 3-1700.2; 3-1734.7
Control of uninsured banks and institutions, reports on, 3-1751
Correspondent accounts
Definition, 3-1705.1; 3-1776.88
Due-diligence programs, 3-1705.2 et seq.; 3-1776.81
Foreign banks, for
Burmese financial institutions, 3-1705.4 et seq.
Due-diligence programs, 3-1705.2 et seq.
Shell banks, with; prohibition, 3-1705.3 et seq.; 3-1776.82
Syria, Commercial Bank of, 3-1705.6; 3-1705.61
Correspondent relationship, 3-1705.11
Termination of after failure to comply with records request, 3-1705.91
Covered institution, as to anti-money laundering programs, 3-1705.11
Credit card systems, operators of; anti-money laundering programs, 3-1742.7
Criminal penalties, 3-1707.4; 3-1782
Domestic coin and currency transactions, reporting violations, 3-1785.2
International monetary-instrument transactions, reporting or structuring violations, 3-1785.2
Uninsured banks and financial institutions, 3-1756
Additional penalty, 3-1757
Cross-border transmittals of funds, reporting, 3-1776.842
Currency—See also Monetary instruments, this heading.
Dealer, as money-services business, 3-1700.51
Definition, 3-1700.11; 3-1702.73 et seq.
Exchanger, as money-services business, 3-1700.51
Foreign—See Foreign currency, this heading.
Smuggling, 3-1788.37
Transactions, 3-1702.2 et seq.; 3-1702.991 et seq.; 3-1765 et seq.
Domestic—See Domestic coin and currency transactions, this heading.
Exempt persons, 3-1711.2 et seq.
Multiple transactions, 3-1702.2
Nonfinancial trade or business, coins and currency received in, 3-1788.36
Retention of records and reports, 3-1734
Transportation—See Transportation of currency or monetary instruments, this heading.
Customer, definition, 3-1710.7; 3-1722.8; 3-1726.8; 3-1734.7
See also Customer identification programs, this heading.
Customer identification programs, 3-1710.7 et seq.; 3-1776.84
See also Customer, definition, this heading.
Agreement corporations, 3-521
Broker-dealers, 3-1722.8 et seq.
Introducing brokers, 3-1734.7 et seq.
Depository institutions, 3-1710.7 et seq.
Edge corporations, 3-521
Futures commission merchants, 3-1734.7 et seq.
Mutual funds, 3-1726.8 et seq.
Notice to customer about program, 3-1710.73
Person presenting transaction and on whose behalf it is conducted, 3-1702.4; 3-1789.2
Reliance on another financial institution, 3-1710.73
Taxpayer identification number, definition, 3-1710.7; 3-1734
Verification, 3-1710.7
Dealers or exchangers of currency, additional records to be made and retained by, 3-1719.7 et seq.
Deposit account, definition, 3-1700.11
Depository institutions, transactions between; exemption, 3-1767.1
Definition as to, 3-1767.5
Dollar equivalents in foreign currency, 3-1709.7
Domestic, definition, 3-1700.11
Domestic account of person outside United States, transfer of funds to, 3-1703.5
Domestic coin and currency transactions, 3-1702.991 et seq.; 3-1765 et seq.; 3-1785; 3-1785.01
Criminal penalties for violations, 3-1785.2
Exemptions
Discretionary; qualified business customer, 3-1767.2 et seq.
Mandatory, 3-1767.1; 3-1767.4
Domestic wire transfers, recordkeeping and reporting requirements, 3-1209.2 et seq.; 3-1215
Edge corporations, 3-521; 3-772
Enforcement responsibilities, 3-1707 et seq.
Summonses, 3-1708 et seq.; 3-1776 et seq.
Transportation of currency or monetary instruments, as to, 3-1707.5
Established customer, definition, 3-1700.21
Execution date, definition, 3-1700.21
Exemptions and exceptions, 3-1709.6; 3-1776; 3-1776.5
See also specific type of exemption, this heading.
Exporting monetary instruments—See Transportation of currency or monetary instruments, this heading.
Federal Reserve Board regulatory authority, 3-1209.2 et seq.; 3-1215
Financial agencies
Application, 3-1764
Definition, 3-1761
Foreign—See Foreign financial agencies, this heading.
Financial institutions
Anti-money-laundering programs, 3-1710.5 et seq.
Authority of secretary of Treasury to require, 3-1776.8
Correspondent and private-banking accounts, due-diligence programs, 3-1776.81
Deferral of requirements, 3-1701.1
Association of, definition, 3-1704.5
Records to be kept by, 3-1703.1 et seq.
Exceptions, 3-1703.16; 3-1711.75
Retrievability, 3-1703.14; 3-1711.73
Uninsured
Administrative procedure, 3-1759
Civil penalty, 3-1755
Compliance, 3-1758
Criminal penalty, 3-1756; 3-1757
Injunctions, 3-1754
Procedures, 3-1752; 3-1753
Recordkeeping, 3-1752; 3-1753
Reports on ownership and control, 3-1751
Foreign banks
Applicability of rules to, 3-1789.4
Conviction for money-laundering offense; Federal Reserve Board termination proceeding, 1-570.71
Correspondent accounts for—See Correspondent accounts, this heading.
Definition, 3-1703
Physical presence, definition, 3-1705.13
Records of, summons or subpoena of, 3-1705.9; 3-1705.91
Regulated affiliate, definition, 3-1705.14
Suspicious-activity reports, 3-606; 4-015.2
Sharing with head offices, 3-1873.2
Foreign currency
Dollar equivalents, 3-1709.7
Foreign financial accounts
Records to be kept by persons with financial interests, 3-1703.3
Enforcement of requirements, 3-1707.14
Reports of, 3-1702.94
Enforcement of requirements, 3-1707.14
Foreign financial agencies
Transactions by, records and reports on, 3-1768 et seq.
Transactions with, reports of, 3-1702.95 et seq.
Form of reports, 3-1702.98
Information to be reported, 3-1702.96
Limitations, 3-1702.99
Requirements, promulgation, 3-1702.95
Scope, 3-1702.97
Foreign financial institution, definition, 3-1705.12
Foreign financial institutions, due-diligence programs for correspondence accounts for, 3-1705.2 et seq.
Foreign governments, embassies, and political figures; accepting accounts from, 3-1873.19
Foreign persons, private-banking and correspondent bank accounts involving, due diligence, 3-1776.81
Foreign shell bank, definition, 3-1705.12
Forfeiture of currency or monetary instruments, 3-1707.3; 3-1775
Customs search without warrant, 3-1774.1
Funds transfer
Definition, 3-1703
Futures commission merchants
Anti-money laundering program, requirements, 3-1710.5
Customer identification programs, 3-1734.7 et seq.
Definition, 3-1700.2; 3-1734.7
Financial institution, defined as, 3-1764
Private-banking accounts, due-diligence programs, 3-1705.25 et seq.
Records to be maintained, exceptions, 3-1703.16; 3-1711.75
Suspicious-activity reports, 3-1735.3 et seq.
Gaming establishment, as financial institution, 3-1700.31
Government agencies and entities
Availability of reported information to, 3-1738
Exemption for transactions with, 3-1767.1
Government obligations, photographic reproductions, 3-1709.3
Identification of accountholder—See Customer identification programs, this heading.
Importing monetary instruments—See Transportation of currency or monetary instruments, this heading.
Indian lands, included in definition of ``United States,'' 3-1700.81
Indian tribe, included in definition of ``person,'' 3-1700.6
Informants and whistleblowers, rewards for, 3-1709.2; 3-1783
Information sharing, 3-1704 et seq.; 3-1873.16
Injunctions, 3-1778
Uninsured banks and financial institutions, 3-1754
Insular possessions, definition, 3-1700.3
Intermediary bank, definition, 3-1700.41
Intermediary financial institution, definition, 3-1700.41
International operations, special measures, 3-1776.85 et seq.
Interpretations of Treasury regulation, 3-1706
Investigations of violations
Authority for, 3-1707.1
Summonses, 3-1708 et seq.; 3-1776 et seq.
Investment security, definition, 3-1700.41
Iran, special measures, 3–1705.86
Loan or finance company
Anti–money laundering programs, 3-1745.2
Definition, 3-1700.81
Suspicious-activity reports, 3-1745.4
Monetary instruments
Customs search without warrant, 3-1774.1
Definition, 3-1700.5; 3-1763
Forfeiture, 3-1707.3; 3-1775
Identification required to purchase, over $3,000, 3-1786
Search for, 3-1774; 3-1774.1
Transactions, 3-1760 et seq.
Application, 3-1761 et seq.
Definitions, 3-1761 et seq.
Transporting
Enforcement authority, 3-1707.5
Reports, 3-1702.9 et seq.; 3-1772 et seq.
Structuring, 3-1785.1; 3-1785.2
Money laundering—See Anti-money-laundering programs, this heading, and this heading generally.
Money orders
Identification required to purchase, over $3,000, 3-1786
Issuer of as money-services business, 3-1700.51
Records of sales, $3,000 or more, 3-1703.2 et seq.
Money-services business
Agents, list of to be maintained, 3-1719.33
Anti-money laundering programs, 3-1718.7
Banking services, providing to, 3-1873; 3-1873.1 et seq.
Definition, 3-1700.51
Financial institution, as, 3-1700.31
Registration and licensing, 3-1719.3 et seq.; 3-1873.17
Suspicious-activity reports, 3-1719.2 et seq.
Money-transmitting business
Agents of, 3-1788.32
Definition, 3-1788.34
Money-services business, as, 3-1700.51
Registration of, 3-1788.3 et seq.
Regulations, applicability of to, 3-1776.841
Money-transmitting service, definition, 3-1788.34
Multiple branches, 3-1702.2
Multiple transactions, 3-1702.2
Mutual funds
Anti-money laundering programs, 3-1726.7 et seq.
Suspicious-activity reports, 3-1727.2 et seq.
Nonfinancial trade or business
Definition, 3-1763
Reports relating to coins and currency received in, 3-1788.36
Non–United States person, definition, 3-1705.12
Offshore banking license, definition, 3-1705.12
Option on a commodity, definition, 3-1700.2
Originator
Definition, 3-1700.6
Noncustomer, 3-1711.71
Originator's bank, definition, 3-1700.6
Payable-through accounts, 3-1776.86
Definition, 3-1705.21; 3-1776.88
Payment date, definition, 3-1700.6
Payment order, definition, 3-1700.6
Penalties
Civil, 3-1707.2 et seq.; 3-1779 et seq.; 3-1789.4
Uninsured banks and financial institutions, as to, 3-1755
Criminal, 3-1707.4; 3-1782
Uninsured banks and financial institutions, as to, 3-1756; 3-1757
Person
Definition, 3-1700.5
Outside United States, transfer of funds to domestic account of, 3-1703.5
Photographic reproductions of government obligations, 3-1709.3
Physical presence, as to foreign banks, 3-1705.13
Politically exposed persons; transactions involving, 3-1851
Postal Service—See United States Postal Service, this heading.
Private-banking account
Definition, 3-1705.14
Foreign political figures, involving; due diligence, 3-1705.26; 3-1776.81
Receiving bank, definition, 3-1700.61
Receiving financial institution, definition, 3-1700.61
Recipient, definition, 3-1700.61
Recipient's financial institution, definition, 3-1700.61
Records, 3-1209.2 et seq.; 3-1215; 3-1703 et seq.
Access to, 3-1709
Brokers, introducing; in commodities, 3-1735.33
Cancellation and destruction of currency, 1-288
Customer identity—See Customer identification programs, this heading.
Dealers or exchangers of currency, additional records to be made and retained by, 3-1719.7 et seq.
Depository institutions, additional records to be kept by, 3-1722 et seq.
Regulations, authority to issue, 3-1209.2; 3-1209.4; 3-1215
Uninsured, 3-1752; 3-1753
Disclosure, 3-1709.5
Exceptions and exemptions granted by Treasury secretary, 3-1709.6
Federal banking agency, request for by, 3-1776.83
Financial institutions, records to be kept by, 3-1703.1 et seq.
Exceptions, 3-1703.16; 3-1711.75
Regulations, authority to issue, 3-1209.2 et seq.; 3-1209.4; 3-1215
Retrievability, 3-1703.14; 3-1711.73
Uninsured, 3-1752; 3-1753
Foreign financial accounts, records to be kept by persons with financial interests in, 3-1703.3
Enforcement of requirements, 3-1707.14
Foreign financial agency transactions, 3-1768; 3-1769
Futures commission merchants, 3-1735.33
Maintenance determined by Treasury secretary, 3-1703
Retention period, 3-1209.5; 3-1703.4; 3-1703.41
Usefulness determined by Treasury secretary, 3-1702
Regulated affiliate, as to foreign banks, 3-1705.14
Reportable transaction, definition, 3-1787.1
Reports—See also this heading generally.
Availability, 3-1709.4; 3-1777
Congress, to; by secretary of the Treasury, 3-1789.3
Disclosure, 3-1709.5
Rewards for informants and whistleblowers, 3-1709.2; 3-1783
Rulings, administrative; interpreting Treasury regulation, 3-1708 et seq.
Search for monetary instruments, 3-1774; 3-1774.1
Securities brokers and dealers
Anti-money laundering program, requirements, 3-1710.5
Definition, 3-1700.11; 3-1722.8
Financial institution, defined as, 3-1700.31; 3-1762
Introducing, in commodities
Customer identification programs, 3-1734.7 et seq.
Definition, 3-1700.2
Private-banking accounts, due-diligence programs, 3-1705.27
Records to be maintained, exceptions, 3-1703.16; 3-1711.75
Records to be kept by, 3-1703.1 et seq.
Additional, 3-1723.7 et seq.
Suspicious-activity reports, 3-1723.3 et seq.
Introducing broker in commodities, 3-1735.3 et seq.
Sender, definition, 3-1700.7
Senior foreign political figure, definition, 3-1705.15
Smuggling currency or other monetary instruments, 3-1788.37
Special measures for areas of primary money-laundering concern, 3-1705.4 et seq.; 3-1776.85 et seq.
State, definition, 3-1700.3
Stored value
Definition, 3-1700.71
Issuer of as money-services business, 3-1700.51
Structuring transactions to evade reporting requirements, 3-1702.6; 3-1785 et seq.
Criminal penalties for, 3-1785.2
Definition, 3-1700.7
Summons authority, 3-1708 et seq.; 3-1776 et seq.
Suspicious-activity report (SAR), 3-1776.6; 3-1776.7
Authority to require, 3-1776.6
Bank holding companies, 4-015.2
Banks, 3-1711.3 et seq.
State member, 3-374 et seq.
Confidentiality, 3-1711.33; 3-1719.21; 3-1776.6
Disclosing to head offices and controlling companies, 3-1873.2
Edge and agreement corporations, 3-521
Enforcement of filing requirements, 3-1873.24
Exempt persons, transactions of, 3-1711.27
Filing procedures, 3-1711.31
Foreign banks in United States, 3-606
Liability, 3-1711.33; 3-1776.7
Money-services businesses, 3-1719.2 et seq.; 3-1873.15
Mutual funds, 3-1727.2 et seq.
Robbery or burglary, report not required, 3-1711.32
Safe harbor, 3-1850
Securities; lost, missing, counterfeit, or stolen; report not required, 3-1711.32; 3-1723.32
Securities brokers and dealers, 3-1723.3 et seq.
Sharing with head offices and controlling companies, 3-1873.2
State member banks, 3-374 et seq.
Syria, Commercial Bank of; special measures against, 3-1705.6; 3-1705.61
Taxpayer identification number
Definition, 3-1703.41; 3-1710.7
Territories, definition, 3-1700.3
Terrorism
Customer identification programs, list of known or suspected terrorists and terrorist organizations, 3-1710.72
Definition of ``terrorist activity,'' 3-1704
Information sharing to deter, procedures, 3-1704 et seq.
Jurisdictions of primary concern, 3-1776.87
Money-services businesses, reporting suspected activity, 3-1719.2
New accounts, consulting lists of terrorist suspects, 3-1776.84
Trade or business
Definition, 3-1702.76
Reports of currency in excess of $10,000 received in, 3-1702.7 et seq.
Transaction, definition, 3-1700.7; 3-1704
Transfers of funds, 3-1209.2 et seq.; 3-1215
Business—See Money-transmitting business and Money-transmitting service, this heading.
Cross-border, reporting of, 3-1776.842
Domestic account of person outside United States, 3-1703.5
Person who engages in, defined as a financial institution, 3-1762
Transmittal of funds, definition, 3-1700.8
Transmittal order, definition, 3-1700.8
Accept, definition, 3-1700
Transmittor, definition, 3-1700.8
Transmittor's financial institution, definition, 3-1700.8
Transportation of currency or monetary instruments
Enforcement authority, 3-1707.5
Reports, 3-1702.9 et seq.
Structuring, 3-1785.1
Criminal penalties for, 3-1785.2
Traveler's checks
Financial institution; issuer, redeemer, or cashier as, 3-1700.31; 3-1762
Large-denomination, purchases of
Identification required, 3-1786
Records of, 3-1703.2 et seq.
Monetary instrument, as, 3-1700.5
Money-services business; issuer, seller, or redeemer as, 3-1700.51
Money-transmitting business, 3-1788.34
Transportation of, reports, 3-1702.92; 3-1702.96
Treasury secretary
Disclosure of information, exceptions and exemptions granted by, 3-1709.6; 3-1787.2
Exemption authority, 3-1776
Interpretive rulings and commentary, 3-1788.25
Records to be maintained, determination, 3-1703
Regulatory authority, 3-1209.2 et seq.; 3-1215; 3-1776; 3-1781.1; 3-1787
Reports to Congress, annual, 3-1789.3
Summons authority, 3-1702.6 et seq.; 3-1776 et seq.
Usefulness of records, determination, 3-1702; 3-1789.1
United States, definition, 3-1700.81
United States Postal Service
Money-services business, as, 3-1700.51
Reports of transactions of over $10,000, 3-1702.2
U.S. person, definition, 3-1710.7; 3-1722.8; 3-1726.8; 3-1734.7
Violations, penalties for—See Penalties, this heading.
Whistleblowers, incentives and protections, 3-1783; 3-1788.2
Wire transfers, recordkeeping and reporting requirements, 3-1209.2 et seq.; 3-1215
CustomersSee also Clearing agencies.
See also specific type of entity.
Definition—See Definitions.
Securities dealers'See Credit by brokers and dealers.
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