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Federal Banking Law

Introduction

The resources in this guide are designed to familiarize you with major resources in Federal Banking Law. Federal Banking Law is 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 (Business and Finance Internet Research Network) - includes electronic versions of the Federal Banking Law Reporter and other secondary sources that reprint the U.S. Code, CFR, and other important Administrative Releases.

Key Secondary Sources

Federal Banking Law Reporter: KF971.5.F42 (also available electronically through CCH Intelliconnect, 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 last volume is an excellent source for current awareness and tracking updates and changes to banking law.

Current Awareness

Banking Daily (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]

BNA's Banking Report: 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]

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 from the following locations:

  • In print in the library [KF62 .A2]
  • FDsys/GPO Access: 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.
  • GPO Access (old system for GPO, it is being phased out)
  • 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
Bank Holding Company Act 84-511 70 Stat. 133 May 9, 1956
Community Reinvestment Act 95-128 91 Stat. 1147 Oct. 12, 1977
Gramm-Leach Bliley Act 106-102 113 Stat. 1338 Nov. 12, 1999

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 - (2000 - 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 (GPO) - (1994-present); The Federal Register is available here as an official PDF, certified by the Superintendent of Documents. It can be both searchedand browsed.
  • Hein Online - (1936 - present) UNC subscription database; 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.

Code of Federal Regulations: The CFR is what is commonly referred to as being the administrative code. It includes only final rules and it is arranged topically by subject into 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 (GPO) - (2000-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 : Not Official, but it is 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) UNC subscription database; gives complete CFR coverage from the first edition of the CFR to the present. Additionally, Hein Online offers a CFR citation locator.

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.
    • Banking Information and Regulation page: links to articles on new regulations, links to Recent Supervision and Regulation and Consumer Affairs Letters, and links to Recent Enforcement Actions.
    • 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: searchable 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 sections on current news, and links to all sub-agencies of the US treasury. Also has statistical information included on the website.
  • Financial Stability.gov : offers the latest news and updates regarding President Obama's plans regarding banks and banking. This website contains mostly news releases from the Administration

Additional Online Resources

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