A Guide to Banking Laws and Requirements

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Banking laws are in place to protect consumers and ensure the stability of the financial system. The Banking Act of 1933, for example, established the Federal Deposit Insurance Corporation (FDIC) to insure bank deposits.

To open a bank account, you'll typically need to provide identification and proof of address. The Bank Secrecy Act of 1970 requires banks to verify the identity of their customers and maintain records of transactions.

Maintaining a minimum balance is often a requirement for avoiding monthly fees. According to the article, banks can charge overdraft fees if an account falls below a certain balance threshold.

Understanding the laws and requirements surrounding banking can help you make informed decisions about your financial life. By knowing what to expect from your bank, you can avoid unnecessary fees and penalties.

Federal Banking Laws

Federal banking laws are a complex web of regulations that govern the banking industry in the United States. The main federal statute governing banking is Title 12 of the U.S. Code, which contains 49 chapters that cover various aspects of banking, including banks, credit unions, and other financial institutions.

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Title 12 of the U.S. Code is available on Westlaw, Lexis Advance, and other subscription databases, and can also be accessed on government and publicly available websites, such as the Office of Law Revision Counsel, U.S. House of Representatives, and the Cornell Law School Legal Information Institute.

Some notable federal statutes that govern banking include the Dodd-Frank Act, the Banking Act of 1933 (also known as the Glass-Steagall Act), and the Gramm-Leach-Bliley Act of 1999. These statutes aim to safeguard against financial crises, regulate banking activities, and promote consumer protection.

Here are some key federal agencies responsible for enforcing banking laws:

  • Federal Deposit Insurance Corporation (FDIC)
  • U.S. Treasury Department
  • Federal Reserve Board

These agencies work together to ensure the stability and soundness of the banking system, protect consumers, and promote financial stability.

U.S. Key Laws and Regulations

The Federal Deposit Insurance Act (FDI Act) specifically governs the FDIC, and it's displayed in full text on the FDIC's website.

The FDIC Law, Regulations, and Related Acts page on the FDIC's website is a comprehensive resource that provides links to banking-related statutes, regulations, and similar material relevant to the work of the FDIC.

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The FDIC Rules and regulations are promulgated by the FDIC under its statutory authority and mandates. The FDIC and Interagency Statements provide guidance for insured institutions.

Here are some key federal statutes related to banking:

The Code of Federal Regulations (CFR) - Title 12 is annually published and contains federal agency regulations related to banks and banking. The Dodd-Frank Wall Street Reform and Consumer Protection Act was passed in 2010 to promote the financial stability of the United States.

Florida Laws

Florida has a comprehensive set of laws governing banking and financial institutions. These laws are found in Chapters 655, 657, 658, 660, 662, 663, 665, and 667 of the Florida Statutes.

You can access these statutes on subscription databases like Westlaw and Lexis Advance, which offer both annotated and unannotated versions.

The Florida Statutes are also available on government and publicly available websites, including the Florida Legislature's website.

Here are some specific chapters you can find on the Florida Legislature's website:

  • Chapter 655: Financial Institutions
  • Chapter 657: Credit Unions
  • Chapter 658: Banks and Trust Companies
  • Chapter 660: Trust Business
  • Chapter 662: Family Trust Companies
  • Chapter 663: International Banking
  • Chapter 665: Capital Stock Associations
  • Chapter 667: Savings Banks

Additionally, the Florida Financial Institutions Rules are found in Chapter 69U-100 through 69U-150 of the Florida Administrative Code.

U.S. Banking Requirements

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The Consumer Financial Protection Bureau (CFPB) is responsible for enforcing federal consumer financial laws and supervising banks and credit unions. They publish final rules on their website, which can be accessed through their Regulations page.

The Federal Deposit Insurance Corporation (FDIC) has a compilation of banking-related material on their Law, Regulations and Regulated Acts page, which includes the FDIC Act, FDIC regulations, and FDIC Advisory Opinions.

The OCC (Office of the Comptroller of the Currency) publishes its rules in the Federal Register, which can be accessed on their Regulations page. Before codification in Title 12, the OCC publishes its rules here.

The U.S. Government Publishing Office (GPO) provides a version of Title 12 (Banks and Banking) that can be browsed by parts, or searched using their simple search function, available on their Banks and Banking: Code of Federal Regulations, Title 12, Parts 1 to 1899 page.

Here is a list of some of the key regulators and their roles in U.S. banking:

  • Consumer Financial Protection Bureau (CFPB): Enforces federal consumer financial laws and supervises banks and credit unions.
  • Office of the Comptroller of the Currency (OCC): Regulates banks chartered under the National Bank Act and federal savings associations chartered under the Home Owners Loan Act of 1933.
  • Federal Deposit Insurance Corporation (FDIC): Provides deposit insurance to protect depositors and supervises and regulates banks and thrifts.

Banking Overview

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Banks in Missouri have a dedicated section on their website, known as Banks & Trust Home, where you can find information and resources.

The State Banking Board is responsible for overseeing the banking industry in Missouri, ensuring that banks operate within the state's laws and regulations.

Banks in Missouri are subject to various laws and regulations, including the "Wild Card" powers, which grant the State Banking Board additional authority to regulate banks as needed.

To conduct banking business in Missouri, you'll need to familiarize yourself with the state's banking laws and regulations, including the requirements outlined in the Forms and requirements section.

Missouri has implemented financial modernization, which has likely had an impact on the banking industry in the state.

If you need to serve a bank or trust with legal documents, you'll want to review the Bank & Trust Service of Process section for guidance on the proper procedures.

Legislative Resources

The Federal Reserve Act, passed in 1913, was a major milestone in banking laws, and its legislative history is a crucial resource for understanding the evolution of banking regulations.

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The McFadden Act of 1927 was a significant amendment to the Federal Reserve Act, and its bill text provides valuable insights into the banking laws of the time.

The Glass-Steagall Act of 1933 was a landmark legislation that separated commercial and investment banking, and its legislative history is a must-read for anyone interested in banking laws.

The Banking Act of 1935 further refined the banking regulations established by the Glass-Steagall Act, and its bill text is a key resource for understanding the banking laws of the era.

The Bank Holding Company Act of 1956 was a major overhaul of banking regulations, and its legislative history provides a detailed account of the changes made to the banking laws.

Federal Material

The main laws regulating Federal Savings and Loan Associations are found in 12 U.S.C. §§ 1461 - 1470.

The Expedited Funds Availability Act, which governs how quickly banks must make funds available to customers, is outlined in 12 U.S.C. §§ 4001 - 4010.

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The Garn-St. Germain Depository Institutions Act, which deals with deposit insurance, is found in 12 U.S.C. § 371a.

Federal Deposit Insurance Corporation (FDIC) laws are governed by 12 U.S.C. §§ 1811 - 1832.

The Code of Federal Regulations, specifically Title 12, contains federal agency regulations that concern banks and banking.

Chapter I of Title 12 contains regulations promulgated by the Comptroller of the Currency, Department of the Treasury.

Chapter II of Title 12 governs the Federal Reserve System.

Chapter III of Title 12 contains the regulations of the Federal Deposit Insurance Corporation.

Federal agencies involved in banking regulation include the Federal Deposit Insurance Corporation, U.S. Treasury Department, and Federal Reserve Board.

There are 12 Federal Reserve Banks located across the country, including Atlanta, Boston, Chicago, Cleveland, Dallas, Kansas City, Minneapolis, New York, Philadelphia, Richmond, San Francisco, and St. Louis.

Frequently Asked Questions

What is customer banking law?

Customer banking law refers to the set of rules and regulations governing the relationship between a bank and its customers, including deposit accounts, loan accounts, and other financial services. Understanding customer banking law is essential for individuals and businesses to navigate their financial transactions and protect their rights.

What are the new banking rules in 2024?

The CFPB issued a final "open banking" rule in October 2024, requiring financial institutions to share consumer data with authorized parties upon request. This new rule is expected to take effect as early as 2026.

What are the basics of banking regulation?

Banking regulations ensure stability by requiring banks to maintain reserves, adhere to capital limits, and maintain liquid assets. These requirements safeguard the banking system and protect depositors' funds.

Matthew McKenzie

Lead Writer

Matthew McKenzie is a seasoned writer with a passion for finance and technology. He has honed his skills in crafting engaging content that educates and informs readers on various topics related to the stock market. Matthew's expertise lies in breaking down complex concepts into easily digestible information, making him a sought-after writer in the finance niche.

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