Banking Law

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Loose-Leaf :22 volumes; looseleaf; updated with revisions.
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ISBN: 9780820510521
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Product description

The Most Comprehensive Treatise Compiled By A Multitude of Banking Experts From Across The Country.

Easily Maintain Compliance With All Regulatory Agencies.

This exhaustive treatise brings together the essential information you need on the regulation, organization, operation, examination and liquidation of commercial banks. You'll always have detailed analysis of the statutory law, studies of relevant case law and strategies for applying them to your best advantage right at your fingertips.

Get the Reliable Answers You Need From One Source.

Banking Law gives unified coverage of: the National Bank System and Comptroller of the Currency; the FDIC and the Federal Reserve System; branching and mergers; bank holding companies/financial holding companies; bank taxation; checks, drafts, notes and the bank collection process; consumer credit law; and international banking.

Expedite Your Research and Supplemental Information Gathering.

Each chapter begins with a summary enabling you to quickly peruse chapter contents and zero in on desired analysis. Not only are relevant statutes, regulations and cases cited throughout the publication, but the texts of the laws themselves appear in new primary source volumes. Chapters conclude with a bibliography of sources for further research.

Banking Law covers:

•   The organization, operation, examination, regulation, powers, and liquidation of commercial banks;
•   The legal requirements governing structural changes, including branching, mergers and consolidations, as well as bank holding company formation, expansion, and divesture;
•   The operations of commercial banks, including transfer and negotiation of checks, drafts, and notes;
•   Every stage of the consumer credit transaction;
•   The impact of federal income tax laws and federal securities law on banks;
•   The international banking arena including letters of credit;
•   Analysis of all major banking legislation from FIRREA to Gramm-Leach-Bliley Act of 1999 to the Credit CARD Act of 2009.


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Table of contents

Part I Regulatory Background

Chapter 1 Introduction to Banking Law

Chapter 2 Regulation of Banking

Part II Organization

Chapter 3 Creation, Organization, and Reorganization of Banks

Chapter 4 Bank Powers

Chapter 5 Branch Banking

Chapter 6 Duties, Powers, and Liabilities of Directors and Officers

Chapter 7 Indemnification of Corporate Officers and Directors

Part III Related Activities

Chapter 8 Electronic Funds Transfer

Chapter 9 Bank Accounts

Chapter 10 Safe Deposit Boxes

Chapter 11 Banker's Lien and Right of Setoff

Chapter 12 Crimes Related to Banks

Chapter 13 Banks and Money Laundering

Chapter 14 Banks and Political Activities

Appendix 14-A FDIC Joint Policy

Chapters 15-20 [Reserved]


Chapter 21 National Banks: Regulation, Supervision, and Control

Chapter 22 Organization of a National Bank

Chapter 23 Capitalization and Dividends

Chapter 24 Directors and Officers

Chapter 25 Corporate Powers

Chapter 26 Banking Powers

Chapter 27 Deposits

Chapter 28 The Lending Limit
Chapter 29 Real Estate Loans

Chapter 30 Interest and Usury

Chapter 31 Leasing

Chapter 32 Branching

Chapter 33 Affiliates and Subsidiaries of National Banks

Chapter 34 Trust Operations

Chapter 35 Actions and Proceedings

Chapter 36 Insolvency and Liquidation

Chapter 37 Examinations of National Banks

Chapters 38-40 [Reserved]


Chapter 41 Organization and Structure

Chapter 42 Deposit Insurance

Chapter 43 Interest

Chapter 44 Examination and Investigatory Functions

Chapter 45 Enforcement Powers

Chapter 46 Judicial Review of Enforcement Orders

Chapter 47 Participation in Lotteries

Chapter 48 Mergers

Chapter 49 Bank Failure Procedure

Chapter 50 Rehabilitation and Open Institution Assistance Resolution Method

Chapter 51 Change in Bank Control

Chapter 52 Application to Establish a Branch or to Move a Main Office or a Branch

Chapter 53 Application for Deposit Insurance

Chapter 54 Security Devices and Procedures

Chapter 55 FDIC Regulation of Bank Subsidiaries

Chapter 56 FDIC Regulation of Savings Associations

Chapters 57-60 [Reserved]


Chapter 61 Taxation of Banks in General and Tax Accounting Methods

Chapter 62 Tax Treatment of Bank Income

Chapter 63 Tax Treatment of Bank Expenses

Chapter 64 Leasing

Chapter 65 Transitional Corporate Entities

Chapter 66 Common Trust Funds and Financial Asset Securitization Investment Trusts (FASITs)

Chapter 67 Foreign Banks Engaged in Business in the United States and Foreign Income of United States Banks

Chapter 68 Insolvent Banks

Chapter 69 Bank Holding Companies

Chapter 70 Information Returns, Backup Withholding, and Payment of Estimated Tax

Chapters 71-75 [Reserved]

Part VII Federal Reserve Banks

Chapter 76 Introduction to the Federal Reserve System

Chapter 77 Structure of the Federal Reserve System

Chapter 78 Member Banks

Chapter 79 Related Depository Institutions

Chapter 80 Examination and Supervision of State Member Banks

Chapter 81 Preemption of State Usury Laws

Chapter 82 Federal Reserve Bank Operations

Chapter 83 Banking Provisions of the Federal Trade Commission Act

Chapters 84-85 [Reserved]

Part VIII Bank Holding Companies

Chapter 86 Bank Holding Companies--Background, Definitions and Regulation

Chapter 87 Expansion of Banking Interests

Chapter 88 Expansion of Nonbanking Activities and Interests

Chapter 89 Bank Holding Company Application Procedures

Chapter 90 Bank Holding Company Bankruptcies: Interplay Between Banking and Bankruptcy Law
Chapters 91-95 [Reserved]

Part IX Banks and Securities Laws

Chapter 96 Bank Services

Chapter 97 Trust Investment Services Operation Control

Chapter 98 Bank Trading Obligations

Chapter 99 Regulation and Reporting Requirements of the 1933 Securities Act

Chapter 100 Registration and Regulatory Requirements of the 1934 Securities Exchange Act and Other Securities Statutes

Chapter 101 Bank Investment Service: Regulatory Requirements

Chapter 102 Application of Anti-Fraud Provisions

Chapter 103 Fraudulent Activities: Bases of Liability

Chapter 104 Insider Trading, Control, and Aiding and Abetting

Chapter 105 Fraudulent Bank Activities

Chapters 106-110 [Reserved]

Part X Article 3: Negotiable Instruments

Chapter 111 Introduction to U.C.C. Articles 3 and 4

Chapter 112 Characteristics of Checks and Other Negotiable Instruments

Chapter 113 Issue and Delivery

Chapter 114 Signature Requirement

Chapter 115 Transfer and Negotiation

Chapter 116 Holder in Due Course: General Principles

Chapter 117 Holder in Due Course: Good Faith and Notice

Chapter 118 Holder in Due Course: Defenses

Chapter 119 Holders in Due Course in Consumer Transactions

Chapter 120 Contract of the Parties

Chapter 121 Discharge

Chapter 122 Presentment and Dishonor

Chapter 123 Certification

Chapter 124 Unauthorized Signatures and Alterations

Chapter 125 Overdrafts

Chapter 126 Warranties of the Parties

Chapter 127 Liabilities: Drawee Bank

Chapter 128 Liabilities: Depository and Collecting Bank

Chapter 129 Liability of Drawee and Depositary Banks: Double Forgeries--Signature and Endorsement

Chapter 130 Bank Defenses: Impostors and Fictitious Payees

Chapter 131 Bank Defenses: Contributory Negligence

Chapter 132 Bank Defenses: Customer's Duty to Examine Statements

Chapter 133 Stop Payments

Part XI Article 4: Bank Collection

Chapter 134 Bank Collections

Chapter 135 Payment of Items

Chapter 136 Insolvent Banks, Stale Checks, Death and Incompetence

Chapter 137 Wrongful Dishonor

Chapter 138 Collecting Banks: Duties, Liabilities, and Responsibilities

Chapters 139-149 [Reserved]

Chapter 150 Introduction to Consumer Credit

Part XII Truth in Savings

Chapter 151 Truth in Savings Act

Part XIII Truth in Lending

Chapter 152 Truth in Lending Act

Part XIV Fair Credit Reporting

Chapter 153 Fair Credit Reporting Act

Appendix 153-A1: Fair Credit Reporting Act--Model Forms

Part XV Equal Credit Opportunity

Chapter 154 Equal Credit Opportunity Act

Part XVI Fair Debt Collection

Chapter 155 Fair Debt Collection Practices Act

Part XVII Real Estate Settlement

Chapter 156 Real Estate Settlement Procedures Act

Part XVIII Home Mortgage Disclosure

Chapter 157 Home Mortgage Disclosure Act

Part XIX Community Reinvestment

Chapter 158 Community Reinvestment Act

Part XX FTC Holder in Due Course

Chapter 159 Preservation of Consumers' Claims and Defenses--FTC Trade Regulation Rule

Part XXI Flood Insurance

Chapter 160 National Flood Insurance Program

Part XXII Fair Housing

Chapter 161 Fair Housing Act

Part XXIII Right to Financial Privacy

Chapter 162 Right to Financial Privacy Act of 1978

Part XXIV Consumer Leases

Chapter 163 Consumer Leasing Act

Part XXV Electronic Fund Transfers

Chapter 164 Electronic Fund Transfer Act

Part XXVI FTC Credit Practices Rules

Chapter 165 Unfair And Deceptive Credit Practices--F.T.C. Trade Regulation Rule

Part XXVII Expedited Funds Availability

Chapter 166 Expedited Funds Availability Act

Part XXVIII Homeowners Protection Act

Chapter 167 Homeowners Protection Act (Cancellation and Automatic Termination of Private Mortgage Insurance)

Part XXIX Consumer Privacy Issues

Chapter 168 Consumer Privacy Issues: Privacy Provisions of the Gramm-Leach-Bliley Act of 1999

CHAPTER 169 [Reserved]

Part XXX Advertising

Chapter 170 Advertising

Appendix 170-A: Advertising--Model Forms

Appendix 170-B: Advertising--Federal Reserve Board Interpretations

Part XXXI Application Process

Chapter 171 Application Process

Appendix 171-A: Application Process--Model Forms

Appendix 171-B: Consumer Handbook on Adjustable Rate Mortgages

Appendix 171-C: Federal Reserve Board Brochure-- When Your Home is on the Line What You Should Know

Part XXXII Application Evaluation

Chapter 172 Application Evaluation

Part XXXIII Application Notification

Chapter 173 Applicant Notification

Appendix 173-A: Applicant Notification--Model Forms

Part XXXIV Consummation

Chapter 174 Consummation

Appendix 174-A: Consummation--Model Forms

Appendix 174-B: Consummation--Federal Reserve and Board Interpretations

Part XXXV Loan Repayment

Chapter 175 Loan Repayment

Appendix 175-A: Loan Repayment--Model Forms

Chapters 176-190 [Reserved]

Part XXXVI Foreign Bank Operations in U.S.

Chapter 191 Foreign Banks in the United States: Forms of Organization and Supervision

Chapter 192 Acquisition of a Domestic Subsidiary Bank

Chapter 193 Federal Branches and Federal Agencies

Chapter 194 Foreign Bank Branch Insurance

Chapter 195 Regulation of Banking Operations of Branches and Agencies of Foreign Banks

Chapter 196 Interstate Entry Restrictions

Chapter 197 Restriction on Nonbanking Activities

Chapter 198 Reports of Foreign Banking Organizations

Chapters 199-210 [Reserved]

Part XXXVII Operations of U.S. Banks in Foreign Countries

Chapter 211 Introduction to Foreign Operations of United States Banks

Chapter 212 Foreign Branches of United States Banks: Establishment and Powers

Chapter 213 Edge and Agreement Corporations

Chapter 214 Foreign Investments of United States Financial Institutions

Chapter 215 International Banking Facilities

Chapter 216 International Lending Supervision and Disclosure

Chapter 217 Anti-Money Laundering Programs

Chapters 218-229 [Reserved]

Part XXXVIII International Banking

Chapter 230 Judicial Proceedings and the Law Applicable to Credits, Guarantees and Bonds

Chapter 231 The Applicant and the Beneficiary

Chapter 232 The Applicant and the Issuer

Chapter 233 The Beneficiary and the Issuer

Chapter 234 Provisional Remedies

Chapter 235 Acceptance Financing

Chapter 236 Credit Enhancement

Chapter 237 Restrictive Trade Practices

Chapter 238 Contract Guarantees

Chapter 239 Demand Guarantees

Chapter 240 Contract Bonds

Chapters 241-250 [Reserved]


Chapter 251 Checks, Notes and Other Instruments

Chapter 252 Checking Accounts; Stop Payments; Dishonor

Chapter 253 Savings Accounts

Chapter 254 [Reserved]

Chapter 255 National Bank Regulatory Forms

Chapter 256 Federal Deposit Insurance Corporation Regulatory Forms

Chapter 257 [Reserved]

Chapter 258 [Reserved]

Chapter 259 Credit Card Agreements

Chapter 260 [Reserved]