Federal Banking Law and Regulations: A Handbook for Lawyers

Front Cover
American Bar Association, 2006 - Law - 361 pages
This easy-to-read guidebook is designed for lawyers who are new to banking law or are very seasoned practitioners who on occasion need to research banking law issues. The focus of the guidebook is to show how major bank regulations are structured and how they apply to different types of institutions and holding companies.

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Contents

A Brief History of Banking Regulation
1
Savings Institutions
4
The 1930s
11
Subsequent Developments
16
Bank and SL Holding Companies
21
Preemption
27
Deposit Insurance
35
Federal Deposit Insurance before the Reform Act
36
Preemption of State Laws
151
State Laws Restricting Insurance Activities
152
Dispute Resolution
153
Other Provisions
154
NARAB
155
Post GLBA Developments
156
Four Policies Applicable to All Institutions
159
Transactions with Affiliates
160

Premium Disparity
37
The Free Ride and Other Issues
39
Basic Provisions of the Reform Act
41
Basic Deposit Insurance Coverage
44
Examinations Enforcement Conservatorships and Receiverships
49
Coordination of Examinations of State Institutions
59
Examination of Holding Companies
65
Receiverships and Conservatorships
73
Resolution of Banks and Savings Associations during the Financial Crisis of 19801994
79
Enforcement
82
Branches and Interstate Banking
97
Bank Branching and Merger Laws Prior to RiegleNeal I
98
Interstate Activity before 1994
102
Interstate Branching for Banks
103
Interstate Acquisitions by Bank Holding Companies
112
NonBranch Facilities
114
Branching Laws Applicable to Savings Associations
117
Holding Companies
121
Bank Holding Companies
122
Savings and Loan Holding Companies
127
SL Holding Companies after GLBA
129
Nonbank Holding Companies
131
Financial Holding Companies
136
Mutual Holding Companies
141
Change in Control
142
PreGLBA Insurance Activities of National Banks
146
PostGLBA Insurance Activities of National Banks
148
Insurance Activities of Savings Associations
149
The McCarranFerguson Act
150
Exportation and Other Interest Rate Issues
172
Most Favored Lender Laws
173
Insider Loans
178
Tying Arrangements
184
Subsidiaries
193
Principal Kinds of Financial Institution Subsidiaries
194
Principal Subsidiaries of National Banks
195
Subsidiaries of State Banks
199
Financial Subsidiaries of National and State Banks
201
Subsidiaries of Savings Associations
208
Corporate Governance Rules
217
Directors Qualifications and Duties Qualifications
219
Notice of Change of Director or Senior Executive Officer
221
Director and Other Interlocks
222
Audits Audit Committees and Financial Reporting
229
Audit Procedures and Standards
231
Application of the SarbanesOxley Reporting and Auditing Rules to Listed Companies
233
Securities Activities of Banks
253
Common Trust Funds
281
Securities Registration and Reporting under State Laws
287
Capital
291
Capital Standards for Banks and Savings Associations
295
Regulatory Capital for Holding Companies
302
Prompt Corrective Action
308
The Basel II Project
313
Structure of the Revised Basel Framework
319
Index
343
About the Author
Copyright

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