Federal Banking Law

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Introduction

The resources in this guide are designed to familiarize you with major resources in Federal Banking Law, an area constantly being amended, particularly in light of financial crises in recent years. Thus, when consulting this guide, please be sure to appropriately update all research.

Major Resources

CCH Intelliconnect - Contains electronic versions of the Federal Banking Law Reporter and other secondary sources that reprint the U.S. Code, Code of Federal Regulations, and other important Administrative Releases. Additional features include news and current awareness tools, interactive forms and federal banking QuickCharts.

Key Secondary Sources

Federal Banking Law Reporter: KF971.5.F42 (also available electronically through CCH Intelliconnect and Westlaw) This looseleaf series available in both print and online, offers comprehensive coverage on federal statutory and regulatory controls on banking. It brings together primary sources like statutes, regulations, cases, guidance, and other documents and includes editorial commentary. Its Regulatory Developments volume is an excellent source for current awareness and tracking updates and changes to banking law.

Current Awareness

Banking Daily (Bloomberg BNA): This publication provides daily coverage of new developments in banking regulation, legislation, and litigation. It also includes coverage of other news and developments in economics and other topics. Users may also subscribe to have the publication emailed to them daily. [Off-campus access requires login with UNC onyen] [Also available via Bloomberg Law]

Banking Report (Bloomberg BNA): This is a weekly publication offering more in depth analysis of developments in regulation, legislation and litigation. It allows users to create their own profile and have the publication emailed weekly as well as to customize the interface so that topics and subjects of greatest interest to a particular user may be seen first. [Off-campus access requires login with UNC onyen][Also available via Bloomberg Law]

Statutes

Title 12 of the United States Code contains most of the statutes governing banks, banking, credit unions, and other financial institutions. The U.S.C. is available in a number of locations:

  • In print in the library [KF62 .A2]
  • FDsys : PDF electronic code (certified by Superintendent of Documents) provided by the Office of the Law Revision Counsel of the U.S. House of Representatives; efforts have been made for accuracy, but website cautions that if you are using the code for legal research, you should verify results against the printed version of the code provided by the GPO.
  • House of Representatives(includes laws passed cumulatively though a particular session of Congress)
  • Hein Online

** Westlaw contains an annotated version of the code known as the U.S.C.A. (United States Code Annotated).

** Lexis contains an annotated version of the code known as the U.S.C.S. (United States Code Service).

Selected Important Legislation

Name of Legislation Public Law Statutes at Large Date Passed
Dodd-Frank Wall Street Reform and Consumer Protection Act 111-203 124 Stat. 1376 July 21, 2010
Credit CARD Act of 2009 111-24 123 Stat. 1743 May 22, 2009
Emergency Economic Stabilization Act of 2008 110-343 122 Stat. 3756 Oct. 3, 2008
2006 Credit Rating Agency Reform Act 109-291 120 Stat. 1327 Sept. 29, 2006
Sarbanes-Oxley Act 107-204 116 Stat. 745 July 30, 2002
Community Reinvestment Act 95-128 91 Stat. 1147 Oct. 12, 1977
Gramm-Leach Bliley Act 106-102 113 Stat. 1338 Nov. 12, 1999
Bank Holding Company Act 84-511 70 Stat. 133 May 9, 1956

Regulations & Administrative Materials

Regulations

Federal Register: Includes notices, presidential documents, and proposed and final regulations. Before a rule is published in the CFR, it is first released in the Federal Register. The Federal Register explanation of a rule is more detailed and complete. The Federal Register is available from a variety of sources, both in print and online, including:

  • Federal Register.gov - (1994 - present); The new version of the Federal Register is released at this website daily. It includes access to the official PDF, certified by the Superintendent of Documents. This website also allows you to download Federal Register data in XML format.
  • FDsys - (1994-present); The Federal Register is available here as an official PDF, certified by the Superintendent of Documents. It can be both searched and browsed.
  • Hein Online - (1936 - present); Hein Online preserves historical versions of the FR in PDF format. It also maintains within its database the finding tables published with the FR, like the lists of CFR sections affected by the FR. [Off-campus access requires login with UNC onyen]

Code of Federal Regulations: Final rules and regulations are arranged topically by subject in the Code of Federal Regulations, which consists of 50 titles. Regulations governing banks and banking can be found in Title 12 of the CFR. The CFR is updated annually on a cyclical basis. Titles 1-16 are updated in the Official CFR as of January 1 of each year. The CFR is available from a variety of sources, both in print and online, including:

  • FDsys - (1996-present); FDsys allows you to view prior years' versions of the regulations. This is important, as rules for an area of like banking can change substantively from year to year. The CFR is available here as an official PDF, certified by the Superintendent of Documents. The CFR can be both searched and browsed.
  • E-CFR : The most current, unofficial version of the CFR. It is updated based on the publication of the Federal Register and is usually updated within 2 days of a final rule being published in the Federal Register.
  • Hein Online - (1938 - present); Complete CFR coverage from the first edition of the CFR to the present. Also offers a CFR citation locator. [Off-campus access requires login with UNC onyen]

Administrative Agencies and Materials

  • Federal Reserve : The central bank of the United States that controls monetary policy. Their website provides an excellent Economic Research and Data portal that allows users to interact with and download Federal Reserve Board data. The Federal Reserve's Banking Information and Regulation page contains a series of useful databases, including:
    • Supervision and Regulation Letters: Searchable database offers letters from 1990 - present; letters address policy and procedural matters related to the Federal Reserve System's supervisory responsibilities.
    • Consumer Affairs Letters: Database offers letters from 1997 - present; letters address significant policy and procedural matters related to the Federal Reserve System's consumer compliance supervisory responsibilities.
    • Enforcement Actions: Database offers enforcement action information from 1997 - present.
  • Department of the Treasury : Includes current news, links to all sub-agencies of the US treasury and statistical information. The website also contains a Financial Stability page that offers information and data related to the Troubled Assets Relief Program (TARP).
  • Federal Deposit Insurance Corporation : The FDIC is an independent agency that insures bank deposits. Their website provides consumer protection resources, bank closing information, bank data and statistics, industry news and more.

Additional Online Resources

  • American Bankers' Association : This organization represents banks of all sizes and the banking industry. Website includes an Advocacy page that discusses current issues from the industry's standpoint.
  • Conference of State Bank Supervisors : This site offers links to banking related primary and secondary sources, news on the banking industry, a membership directory and information about publications
  • Independent Community Bankers of America: An organization for independently owned and operated community banks. This site features legislative and regulatory news.


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