Principles of Bank Regulation

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ISBN: 9780314194565 | 0314194568
Cover: Paperback
Copyright: 5/5/2011

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Examines depository institution regulation, and how federal statutes governing banking have been subject to constant amendment in recent years, especially since the meltdown of the mortgage market and the worldwide crisis that followed. Discusses the growing overlap in competition among depository institutions, insurance companies, and securities firms that has further complicated regulatory policy. Also discussed: the regulated environment of banking, entry rules, branching, control transactions, transactional rules, holding company activities, securities regulation, resolution of institution failures, international banking, and bank regulation and social policy.

Preface to the Third Edition	p. v
Preface to the Second Edition	p. vii
Preface to the First Edition	p. ix
Acknowledgements	p. xi
List of Figures	p. xv
The Regulated Environment of Banking	p. 1
Introductions	p. 1
History	p. 2
Early Federal Period	p. 2
State Law Primacy	p. 7
Civil War Developments	p. 9
Second Federal Period	p. 11
Third Federal Period	p. 12
Contemporary Developments	p. 13
Current Regulatory Environment	p. 15
Regulated Entities	p. 21
Regulators	p. 28
Entry Rules	p. 43
Introduction	p. 43
Chartering	p. 44
National Banks	p. 45
State Banks	p. 50
Federal Savings Associations	p. 51
State Savings Associations	p. 52
Federal Credit Unions	p. 52
State Credit Unions	p. 56
Secondary Entry Restrictions	p. 56
Deposit Insurance	p. 57
Federal Reserve Membership	p. 60
Conversions	p. 63
Conversion of Charter	p. 65
Changes of Charter from Federal to States	p. 67
Change of Charter from State to Federal	p. 71
Conversion of Form	p. 75
Cross-Industry Conversions	p. 77
Branching	p. 79
Introduction	p. 79
National Bank Branching	p. 80
Policy of Competitive Equality	p. 81
Meaning of ôBranchö	p. 84
Plant City and the Emergence of New Technologies	p. 87
Possible Relaxed Approach to the Plant City Analysis	p. 95
State Bank Branching	p. 97
Savings Association Branching	p. 97
Credit Union Branching	p. 98
Interstate Branching	p. 99
Control Transactions	p. 105
Introduction	p. 105
Holding Company Acquisitions	p. 107
Bank Holding Company Act	p. 110
Home Owners' Loan Act	p. 116
State Holding Company Law	p. 123
Interstate Acquisitions	p. 124
Bank Holding Company Acquisitions	p. 125
Effects on State Authority	p. 127
SLHC Acquisitions	p. 129
Mergers and Consolidations	p. 130
National Bank Transactions	p. 132
State Bank Transactions	p. 139
Savings Associations	p. 139
Bank Merger Act	p. 140
Interstate Mergers	p. 147
Effect on Branch Ownership and Control	p. 151
State Authority	p. 152
Change-in-Control Transactions	p. 153
Change in Bank Control Act	p. 154
State Change-in-Control Provisions	p. 159
Transactional Rules	p. 161
Introduction	p. 161
Lending	p. 166
Federal Lending Limits	p. 167
Mortgage Lending	p. 171
Limitations on Types of Loans	p. 177
Extensions of Credit to Directors, Executive Officers, and Principal Shareholders	p. 177
Loans to Executive Officers	p. 179
Affiliate Transactions	p. 181
Tying Arrangements	p. 184
Usury Rules	p. 187
Deposits	p. 194
Deposit Insurance	p. 194
Reserve Requirements	p. 200
Interest Rates	p. 202
Brokered Deposits	p. 202
Tying Arrangements	p. 204
Guarantees and Letters of Credit	p. 205
Guarantees	p. 206
Documentary Letters of Credit	p. 207
Standby Letters of Credit	p. 207
Real Property	p. 208
Trust Powers	p. 209
Incidental Powers	p. 211
Bank Service Companies	p. 219
Securities Activities	p. 222
Activities Financial in Nature	p. 230
Insurance Activities	p. 235
Holding Company Activities	p. 243
Introduction	p. 243
Bank Holding Company Act	p. 244
Structure of the Statute	p. 245
Structure of the Regulations	p. 253
Permissible Activities	p. 258
Home Owners' Loan Act	p. 261
Structure of the Regulations	p. 265
Permissible Activities	p. 267
State Law	p. 268
Securities Regulation	p. 269
Introduction	p. 269
Issuance of Securities	p. 273
Regulatory Parallels to the 1933 Act	p. 274
Securities Disclosure Requirements	p. 275
Minimum Capital Requirements	p. 277
Regulation of Capital Formation	p. 278
Securities Exchange Act of 1934	p. 279
Sarbanes-Oxley Act	p. 281
Capital Adequacy	p. 282
Capital Supervision	p. 311
Market Activities	p. 312
Broker-Dealer Activities	p. 313
Investment Management	p. 320
Investment Securities	p. 324
Municipal Securities	p. 324
Transfer Agent	p. 326
Underwriting and Placement	p. 329
Financial Services Activities	p. 330
Financial Services Activities by Bank Subsidiaries	p. 330
Financial Services Activities by FHCs	p. 331
Resolution of Institution Failures	p. 335
Introduction	p. 335
The Subprime Mortgage Crisis	p. 336
Institutions in Danger of Default	p. 345
The Examination Process	p. 351
Remedial Actions	p. 351
Formal Enforcement Actions	p. 352
Cease and Desist Orders	p. 356
Suspension and Removal of Management and Affiliated Persons	p. 357
Civil Money Penalties	p. 358
Capital Directives	p. 359
Other Specialized Enforcement Devices	p. 359
Institutions in Default	p. 360
Insured Deposit Payoff	p. 362
Modified Insured Deposit Payoff	p. 364
Purchase and Assumption	p. 365
ôOpen-Bankö Assistance	p. 367
Appointment of Conservator or Receiver	p. 369
Claims Against Third Parties	p. 375
Claims Against Directors and Officers	p. 378
Treatment of Systemically Significant Financial Companies	p. 380
Emergency Interstate Acquisitions	p. 382
Target Banks in Default	p. 383
Target Banks in Danger of Default	p. 386
Target Savings Associations	p. 387
International Banking	p. 391
Introduction	p. 391
The Regulatory Environment	p. 393
National Supervision of International Banking	p. 394
U.S. Supervision of International Banking	p. 395
Host State Regulation of International Banking	p. 400
International Regulation of International Banking	p. 402
The Bank for International Settlements	p. 402
Coordination of International Supervision	p. 403
Capital Adequacy	p. 407
General Agreement on Trade in Services	p. 415
Entry Rules	p. 417
Entry into the U.S. Market	p. 419
Entry into Non-U.S. Markets	p. 424
International Activities	p. 427
Lending	p. 429
Lending limits	p. 431
Lending Supervision	p. 435
Deposits	p. 435
Edge Act Corporations	p. 436
Documentary Letters of Credit	p. 437
Standby Letters of Credit	p. 439
Bankers' Acceptances	p. 441
Securities Activities	p. 443
Foreign Exchange Transactions	p. 446
Resolution of Transborder Failures	p. 449
International Responses to the 2008 Financial Crisis	p. 452
Foreign Bank Secrecy	p. 463
International Sanctions and Banking	p. 468
U.S. Statutory Sources of Authority for Economic Sanctions	p. 469
Impact of Sanctions on International Banking	p. 474
Bank Regulation and Social Policy	p. 483
Introduction	p. 483
Privacy of Financial Information	p. 484
Right to Financial Privacy Act	p. 485
Effect on Financial Institutions	p. 490
Effect on State Law	p. 492
Nonpublic Personal Information under the GLBA	p. 493
Community Reinvestment Rules	p. 496
Requirements and Procedures	p. 497
Equal Credit Opportunity Rules	p. 504
Consumer Protection	p. 513
Other Regulatory Initiatives	p. 515
Table Of Cases	p. 519
Index	p. 541
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Principles of Bank Regulation

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