2011 US Code
Title 12 - Banks and Banking
Chapter 48 - FINANCIAL INSTITUTIONS REGULATORY IMPROVEMENT (§§ 4801 - 4809)
Section 4801 - Incorporated definitions
View MetadataPublication Title | United States Code, 2006 Edition, Supplement 5, Title 12 - BANKS AND BANKING |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 12 - BANKS AND BANKING CHAPTER 48 - FINANCIAL INSTITUTIONS REGULATORY IMPROVEMENT Sec. 4801 - Incorporated definitions |
Contains | section 4801 |
Date | 2011 |
Laws in Effect as of Date | January 3, 2012 |
Positive Law | No |
Disposition | standard |
Source Credit | Pub. L. 103-325, title III, §301, Sept. 23, 1994, 108 Stat. 2214. |
Statutes at Large References | 108 Stat. 2214 112 Stat. 935 113 Stat. 1361, 1476 |
Public Law References | Public Law 103-325, Public Law 105-219, Public Law 106-102 |
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Unless otherwise specifically provided in this chapter, for purposes of this chapter—
(1) the terms “appropriate Federal banking agency”, “Federal banking agencies”, “insured depository institution”, and “State bank supervisor” have the same meanings as in section 1813 of this title; and
(2) the term “insured credit union” has the same meaning as in section 1752 of this title.
(Pub. L. 103–325, title III, §301, Sept. 23, 1994, 108 Stat. 2214.)
References in TextThis chapter, referred to in text, was in original “this title” meaning title III of Pub. L. 103–325, Sept. 23, 1994, 108 Stat. 2214, which enacted this chapter, sections 633 and 2606 of this title, and section 5329 of Title 31, Money and Finance, amended sections 1, 24, 27, 72, 93, 161, 248, 250, 324, 375a, 375b, 482, 1462a, 1464, 1468, 1813, 1815, 1817, 1819 to 1821, 1823, 1828, 1831f, 1831m, 1831p–1, 1831t, 1842, 1843, 1849, 1865, 1953, 2605, 3201, 3205, 3207, 3351, and 4313 of this title and sections 77c, 78c, 1667c, and 1681g of Title 15, Commerce and Trade, enacted provisions set out as notes under this section, sections 24, 633, 1468, 1820, 1831p–1, and 1831t of this title, and sections 78c and 1667c of Title 15, and amended provisions set out as notes under sections 1825 and 1828 of this title. For complete classification of title III to the Code, see Tables.
Use of Subordinated Debt To Protect Financial System and Deposit Funds From “Too Big To Fail” InstitutionsPub. L. 106–102, title I, §108, Nov. 12, 1999, 113 Stat. 1361, provided that:
“(a)
“(1) the feasibility and appropriateness of establishing a requirement that, with respect to large insured depository institutions and depository institution holding companies the failure of which could have serious adverse effects on economic conditions or financial stability, such institutions and holding companies maintain some portion of their capital in the form of subordinated debt in order to bring market forces and market discipline to bear on the operation of, and the assessment of the viability of, such institutions and companies and reduce the risk to economic conditions, financial stability, and any deposit insurance fund;
“(2) if such requirement is feasible and appropriate, the appropriate amount or percentage of capital that should be subordinated debt consistent with such purposes; and
“(3) the manner in which any such requirement could be incorporated into existing capital standards and other issues relating to the transition to such a requirement.
“(b)
“(c)
“(1)
“(2)
“(3)
“(A) has an original weighted average maturity of not less than 5 years;
“(B) is subordinated as to payment of principal and interest to all other indebtedness of the bank, including deposits;
“(C) is not supported by any form of credit enhancement, including a guarantee or standby letter of credit; and
“(D) is not held in whole or in part by any affiliate or institution-affiliated party of the insured depository institution or bank holding company.”
Study and Report on Adapting Existing Legislative Requirements to Online Banking and LendingPub. L. 106–102, title VII, §729, Nov. 12, 1999, 113 Stat. 1476, provided that:
“(a)
“(b)
“(c)
Pub. L. 105–219, title IV, §403, Aug. 7, 1998, 112 Stat. 935, provided that: “The Secretary [of the Treasury] shall, not later than 1 year after the date of enactment of this Act [Aug. 7, 1998], submit a report to the Congress containing—
“(1) recommendations for such legislative and administrative action as the Secretary deems appropriate, that would reduce and simplify the tax burden for—
“(A) insured depository institutions having less than $1,000,000,000 in assets; and
“(B) banks having total assets of not less than $1,000,000,000 nor more than $10,000,000,000; and
“(2) any other recommendations that the Secretary deems appropriate that would preserve the viability and growth of small banking institutions in the United States.”
Study and Report on Capital Standards and Their Impact on EconomySection 328 of Pub. L. 103–325 provided that:
“(a)
“(1) the safety and soundness of insured depository institutions;
“(2) the availability of credit, particularly to individuals and small businesses; and
“(3) economic growth.
“(b)
“(1)
“(2)
Section 329 of Pub. L. 103–325 provided that:
“(a)
“(1) the necessity, for monetary policy purposes, of continuing to require insured depository institutions to maintain sterile reserves;
“(2) the appropriateness of paying a market rate of interest to insured depository institutions on sterile reserves or, in the alternative, providing for payment of such interest into the appropriate deposit insurance fund;
“(3) the monetary impact that the failure to pay interest on sterile reserves has had on insured depository institutions, including an estimate of the total dollar amount of interest and the potential income lost by insured depository institutions; and
“(4) the impact that the failure to pay interest on sterile reserves has had on the ability of the banking industry to compete with nonbanking providers of financial services and with foreign banks.
“(b)
“(1) paying a market rate of interest to insured depository institutions on sterile reserves; and
“(2) paying such interest into the respective deposit insurance funds.”
Study and Report on Consumer Credit SystemSection 330 of Pub. L. 103–325 provided that:
“(a)
“(1) reducing the amount of credit available for such purposes or the number of persons eligible for such credit;
“(2) increasing the level of consumer inconvenience, cost, and time delays in connection with the extension of consumer and small business credit without corresponding benefit with respect to the protection of consumers or small businesses or the safety and soundness of insured depository institutions; and
“(3) increasing costs and burdens on insured depository institutions, insured credit unions, and other lenders without corresponding benefit with respect to the protection of consumers or small business concerns or to the safety and soundness of insured institutions.
“(b)
“(1)
“(2)
“(c)
Section 333 of Pub. L. 103–325 provided that:
“(a)
“(b)
“(1) whether there is a pattern of significant increases in check-related losses at depository institutions attributable to the provisions of the Expedited Funds Availability Act [12 U.S.C. 4001 et seq.]; and
“(2) whether extension of the time period referred to in subsection (a) is necessary to diminish the volume of any such check-related losses.
“(c)
Section 341 of Pub. L. 103–325 provided that:
“(a)
“(1) study the feasibility, including the costs and benefits to insured depository institutions, of establishing and maintaining a data bank for reports submitted by any depository institution to a Federal banking agency; and
“(2) report the results of such study to the Congress.
“(b)
“(1) permitting depository institutions to file reports directly with the data bank; and
“(2) permitting Federal banking agencies, State bank supervisors, and the public to obtain access to any appropriate report on file with the data bank which such agency or supervisor or the public is otherwise authorized to receive.”
Timely Completion of CRA ReviewSection 342 of Pub. L. 103–325 provided that: “The comprehensive regulatory review of the Community Reinvestment Act of 1977 [12 U.S.C. 2901 et seq.] that, as of the date of enactment of this Act [Sept. 23, 1994], is being conducted by the Federal banking agencies, shall be completed at the earliest practicable time.”
Waiver of Right of Rescission for Certain Refinancing TransactionsSection 344 of Pub. L. 103–325 provided that: “Not later than 6 months after the date of enactment of this Act [Sept. 23, 1994], the Board of Governors of the Federal Reserve System, in consultation with the consumer advisory council to such Board, consumers, representatives of consumers, lenders, and other interested parties, shall submit recommendations to the Congress regarding whether a waiver or modification, at the option of a consumer, of the right of rescission under section 125 of the Truth in Lending Act [15 U.S.C. 1635] with respect to transactions which constitute a refinancing or consolidation (with no new advances) of the principal balance then due, and any accrued and unpaid finance charges of an existing extension of credit by a different creditor secured by an interest in the same property, would benefit consumers.”
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