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The Internationalization Of Law: The “Complex” Case Of Bank Regulation , Lawrence G. Baxter

International bank regulation has ramped to prominence over the past two decades, as nations and the global economy have lurched from one financial crisis to another. The current global financial crisis has brought unprecedented general attention to the subject. It is possible that we will witness fundamental changes in the way nations cooperate in the regulation of their financial institutions. Major reform efforts are underway. Yet international bank regulation has unusual characteristics and does not fit easily within the traditional framework of international law. The emerging system is also extremely fluid and complex-matching an extremely fluid and complex system of …

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The New Stock Market: Sense And Nonsense , Merritt B. Fox, Lawrence R. Glosten, Gabriel V. Rauterberg Columbia Law School

The New Stock Market: Sense And Nonsense , Merritt B. Fox, Lawrence R. Glosten, Gabriel V. Rauterberg

How stocks are traded in the United States has been totally transformed. Gone are the dealers on NASDAQ and the specialists at the NYSE. Instead, a company’s stock can now be traded on up to sixty competing venues where a computer matches incoming orders. High-frequency traders (HFTs) post the majority of quotes and are the preponderant source of liquidity in the new market. Many practices associated with the new stock market are highly controversial, as illustrated by the public furor following the publication of Michael Lewis’s book Flash Boys. Critics say that HFTs use their speed in discovering changes in …

Unsubstantiated Allegations And Organizational Culture , Eugene Soltes Seattle University School of Law

Unsubstantiated Allegations And Organizational Culture , Eugene Soltes

Seattle university law review.

When organizations investigate allegations of misconduct, they routinely determine that some allegations are unsubstantiated. A variety of factors may contribute to the conclusion that an allegation does not warrant substantiation, including a lack of supporting evidence, false claims against others within the organization, and a failure to conduct a thorough inquiry. This Article examines the potential value of examining unsubstantiated allegations of misconduct to better understand an organization’s culture. I show that unsubstantiated allegations provide insight into where future violations may occur, employees’ proclivity to engage in subsequent violations, and firm productivity. I conclude by discussing ways that organizations can …

Betting Big: Value, Caution And Accountability In An Era Of Large Banks And Complex Finance , Lawrence G. Baxter Duke Law School

Betting Big: Value, Caution And Accountability In An Era Of Large Banks And Complex Finance , Lawrence G. Baxter

Big banks are controversial. Their supporters maintain that they offer products, services and infrastructure that smaller banks simply cannot match and enjoy unprecedented economies of scale and scope. Detractors worry about the risks generated by big banks, their threats to financial stability, and the way they externalize costs of operation to the public. This article explains why there is no conclusive argument one way or the other and why simple measures for restricting the danger of big banks are neither plausible nor effective.

The complex ecology of modern finance and the management and regulatory challenges generated by ultra-large banking, however, …

How To Restructure Venezuelan Debt (¿Cómo Restructurar La Deuda Venezolana?) , Mitu Gulati, Lee C. Buchheit Duke Law School

How To Restructure Venezuelan Debt (¿Cómo Restructurar La Deuda Venezolana?) , Mitu Gulati, Lee C. Buchheit

English Abstract: There is a growing consensus that Venezuela will not be able to persist for much longer with its policy of full external debt service. The social costs are just too great. This implies a debt restructuring of some kind. Venezuela, principally through its state-owned oil company, Petróleos de Venezuela, S.A. (“PDVSA”), has extensive commercial contacts with the United States. Not since Mexico in the 1980s has an emerging market country with this level of commercial contacts attempted to restructure its New York law-governed sovereign debt. Holdout creditors in a restructuring of Venezuelan sovereign debt will therefore present a …

Does Cryptocurrency Staking Fall Under Sec Jurisdiction? , Nicholas E. Gonzalez Fordham University School of Law

Does Cryptocurrency Staking Fall Under Sec Jurisdiction? , Nicholas E. Gonzalez

Fordham journal of corporate & financial law.

Bitcoin, the first blockchain and cryptocurrency (crypto), launched in 2009 when the Bitcoin network opened to the public. A blockchain is a digital ledger technology where transactions are aggregated and permanently recorded into blocks of information. Maintenance of a blockchain is typically conducted by decentralized managers who own and operate network computers (“Nodes”) and serve the functions normally handled by central intermediaries to validate and confirm transactions. All Nodes follow a blockchain protocol. In Bitcoin’s and most cryptos’ cases, this protocol is known as a Proof- of-Work protocol which requires a large amount of energy consumption. Consequently, Proof-of-Stake protocols (“PoS”) …

Financial Statement Reporting Of Pending Litigation: Attorneys, Auditors, And Difference Of Opinions , W. R. Koprowski, Steven J. Arsenault, Michael Cipriano Fordham Law School

Financial Statement Reporting Of Pending Litigation: Attorneys, Auditors, And Difference Of Opinions , W. R. Koprowski, Steven J. Arsenault, Michael Cipriano

No abstract provided.

The Lehman Brothers Bankruptcy A: Overview , Rosalind Z. Wiggins, Thomas Piontek, Andrew Metrick Yale School of Management, Yale School of Management

The Lehman Brothers Bankruptcy A: Overview , Rosalind Z. Wiggins, Thomas Piontek, Andrew Metrick

Journal of financial crises.

On September 15, 2008, Lehman Brothers Holdings, Inc., the fourth-largest U.S. investment bank, sought Chapter 11 protection, initiating the largest bankruptcy proceeding in U.S. history. The demise of the 164-year old firm was a seminal event in the global financial crisis. Under the direction of its long-time Chief Executive Officer Richard Fuld, Lehman had been very successful pursuing a high-leverage, high-risk business model that required it to daily raise billions of dollars to fund its operations. Beginning in 2006, Lehman began to invest aggressively in real-estate-related assets and soon had significant exposures to housing and subprime mortgages, just as these …

Jpmorgan Chase London Whale A: Risky Business , Arwin G. Zeissler, Daisuke Ikeda, Andrew Metrick Yale School of Management

Jpmorgan Chase London Whale A: Risky Business , Arwin G. Zeissler, Daisuke Ikeda, Andrew Metrick

In December 2011, the Chief Executive Officer and Chief Financial Officer of JPMorgan Chase (JPM) instructed the bank’s Chief Investment Office to reduce the size of its Synthetic Credit Portfolio (SCP) during 2012, so that JPM could decrease its RiskWeighted Assets as the bank prepared to adopt the impending Basel III bank capital regulations. However, the SCP traders were also told to minimize the trading costs incurred to reduce Risk-Weighted Assets, while still maintaining the opportunity to profit from unexpected corporate bankruptcies. In an attempt to balance these competing objectives, head SCP derivatives trader Bruno Iksil suggested in January 2012 …

Enron: A Financial Reporting Failure , Anthony H. Catanach Jr., Shelley Rhoades-Catanach Villanova University Charles Widger School of Law

Enron: A Financial Reporting Failure , Anthony H. Catanach Jr., Shelley Rhoades-Catanach

Villanova law review, all articles in banking and finance law.

6,831 full-text articles. Page 1 of 194 .

Racial Pay Equity In “White” Collar Workplaces , Nantiya Ruan 2023 Brooklyn Law School

Racial Pay Equity In “White” Collar Workplaces , Nantiya Ruan

Brooklyn law review.

The racial pay gap in the US is staggering. Wealth disparities between Black, Latinx, and white households reflect the compound negative effects of discrimination, inequality, and lack of opportunities experienced by communities of color. One understudied way to address racial pay equity and the wealth gap is to examine how to widen career paths of high-paying, stable careers for people of color. Career paths are not equal. Some jobs are dead-end, minimum wage-paying, with little to no hope of promotion into a salary that catapults an earner into the next socioeconomic class. Others have growth potential, comfortable wages, and important …

The Evolution Of Chapter 11: How Corporate Restructuring Has Evolved And Its Important Role In The Recovery Of A Struggling Economy , Eduardo Cervantes 2023 DePaul University

The Evolution Of Chapter 11: How Corporate Restructuring Has Evolved And Its Important Role In The Recovery Of A Struggling Economy , Eduardo Cervantes

Depaul business & commercial law journal.

Covid-19 Vs. Constitution; Limited Government's Unlimited Response , John A. Losurdo 2023 DePaul University

Covid-19 Vs. Constitution; Limited Government's Unlimited Response , John A. Losurdo

The "No License, No Chips" Policy: When A Refusal To Deal Becomes Reasonable , Sheng Tong 2023 DePaul University

The "No License, No Chips" Policy: When A Refusal To Deal Becomes Reasonable , Sheng Tong

The Dark Triad: Private Benefits Of Control, Voting Caps And The Mandatory Takeover Rule , Jorge Brito Pereira 2023 DePaul University

The Dark Triad: Private Benefits Of Control, Voting Caps And The Mandatory Takeover Rule , Jorge Brito Pereira

Neither A Borrower Nor A Lender Be: Analyzing The Sec’S Reaction To Crypto Lending , Carol R. Goforth 2023 University of Massachusetts School of Law

Neither A Borrower Nor A Lender Be: Analyzing The Sec’S Reaction To Crypto Lending , Carol R. Goforth

University of massachusetts law review.

In June 2021, the largest U.S.-based crypto exchange, Coinbase, announced plans to allow its customers to earn 4% interest on deposits of certain cryptoassets through a new “Coinbase Lend” program. Despite a positive reaction from its customers, on September 7, 2021, Coinbase announced it had received a notice from the Securities and Exchange Commission (SEC) to the effect that the Commission had preliminarily concluded that the proposed Lend program was a security and that Coinbase would be in violation of the federal securities laws if it proceeded. The threat of enforcement caused Coinbase to terminate the program. Shortly thereafter, in …

Bearer Negotiable Instruments: Addressing A Financial Intelligence Gap And Identifying Criminogenic Weaknesses , Hollis B. Kegg 2023 The Graduate Center, City University of New York

Bearer Negotiable Instruments: Addressing A Financial Intelligence Gap And Identifying Criminogenic Weaknesses , Hollis B. Kegg

Dissertations, theses, and capstone projects.

Bearer Negotiable Instruments (BNI) are a long-standing category of financial instruments used to transfer large amounts of money in ways that may not be subject to regulation, reporting, tracking, review, or oversight. There is limited information available on BNIs, and no evidence that any studies have been undertaken on BNIs alone, much less reported. Increasingly, BNIs are being used for illegal purposes including money laundering. This study gathers information about their characteristics, nature, purpose, legal status, and numbers. It also focuses on the crime risks associated with BNIs, the crime opportunities they facilitate, and the criminal weaknesses in the financial …

The Impact Of The Canva Program On The Learning Of The Ninth Grade Students In Jordanian Schools Of Html , Maha Abu Maizer 2023 Arab Open University

The Impact Of The Canva Program On The Learning Of The Ninth Grade Students In Jordanian Schools Of Html , Maha Abu Maizer

Al-balqa journal for research and studies البلقاء للبحوث والدراسات.

This is a semi-experimental study that aims at measuring the impact of CANVA on the learning of ninth graders in a Jordanian school of HTML. 50 female ninth graders were randomly selected from 72 students in Aisha Bint Abi Baker school, and were distributed to two groups; control, which was taught traditionally, and experimental, which was taught with CANVA to learn HTML as a part of their computer curriculum. The researcher used a set of 20 multiple choice questions to test their knowledge achievement and skills. After checking the validity and reliability of the test. The results showed that there …

Regulatory Sandboxes Enable Pragmatic Blockchain Regulation , Joshua Durham 2023 University of Washington School of Law

Regulatory Sandboxes Enable Pragmatic Blockchain Regulation , Joshua Durham

Washington journal of law, technology & arts.

Since blockchain technology supports digitally-native money, the centralized chokepoints that governments have traditionally targeted to regulate commerce no longer apply to our (digital) property. However, competent regulation furthers basic public policy goals and should enable responsible innovation of this promising technology. This Article discusses pragmatic policies that enable responsible innovation by cultivating regulatory expertise required to write enforceable rules. Responsible innovation is necessary because unlike the early internet, where programmers could manipulate simple colors and text on webpages, these same individuals can now create financial services applications that manipulate actual money—we are faced with an inescapable reality that more is …

Kepastian Hukum Kantor Perwakilan Badan Usaha Jasa Konstruksi Asing Dalam Melakukan Kegiatan Usaha Di Indonesia , Emy Mutia Zahrina 2023 Universitas Indonesia

Kepastian Hukum Kantor Perwakilan Badan Usaha Jasa Konstruksi Asing Dalam Melakukan Kegiatan Usaha Di Indonesia , Emy Mutia Zahrina

"dharmasisya” jurnal program magister hukum fhui.

Representative offices are present in Indonesia in order to meet the needs of global economic growth in all countries. Multinational companies expand their business to other countries through relocation policies. The aim is none other than an effort to reduce production costs through a number of comparative advantages possessed by Indonesia as well as seizing such a large market for these products, and through this way multinational companies benefit. The presence of representative offices in Indonesia is regulated by Presidential Decree Number 90 of 2000 concerning Representative Offices of Foreign Companies. Through the Presidential Decree, the government limits the scope …

Cross-Border Transfer Pricing Sebagai Tindakan Tax Avoidance , Elleanor Rigby Bangun 2023 Universitas Indonesia

Cross-Border Transfer Pricing Sebagai Tindakan Tax Avoidance , Elleanor Rigby Bangun

Transfer Pricing refers to pricing transaction within and between enterprises situated in different countries and belong to the same multinational group. Cross-border transaction inevitably affects international taxation, especially when multinational enterprises encounter two or more countries that apply different tax collection systems. Consequently, a Tax Treaty (Perjanjian Penghindaran Pajak Berganda/P3B) is made to resolve issues involving double taxation. However, since the Tax Treaty’s benefits vary by country, the investors or companies tend to abuse the agreement in order to gain the most profitable benefits or incentives. Abusing the benefits of Tax Treaty (P3B) could be categorized as an act against …

Resentralisasi Kewenagan Pengelolaan Pertambangan Mineral Dan Batura , Muhammad Salman Al Farisi 2023 Universitas Indonesia

Resentralisasi Kewenagan Pengelolaan Pertambangan Mineral Dan Batura , Muhammad Salman Al Farisi

Amendments to Law No. 4 of 2009 became Law No. 4 of 2009 withdrawing almost all local government authority into central authority. Leaving room for delegation of some of the authority of the Central Government to provincial regional governments for the issuance of IPR and SIPB, even district-city governments no longer have space for authority over coal mineral mining matters. the authority of provincial or district/city regional governments in mining affairs, is a concurrent matter which in its handling involves the central government and regional governments, withdraws most of the authority and does not involve regional governments, of course it …

Analisis Terhadap Penerapan Asas Formil Dan Materiil Pembentukan Rancangan Undang-Undang Tentang Penghapusan Kekerasan Seksual , Siti Sharhana Drajat 2023 Universitas Indonesia

Analisis Terhadap Penerapan Asas Formil Dan Materiil Pembentukan Rancangan Undang-Undang Tentang Penghapusan Kekerasan Seksual , Siti Sharhana Drajat

Sexual violence in Indonesia has caused a public’s worry. The bill on the elimination of sexual violence (RUU PKS) is considered very important to be passed. Purpose of this article is to analyze the suitability of the principles in the RUU PKS with Indonesian act of Formulation of Laws and Regulation Number 12 of 2011 (UU P3). The method used in writing this article uses the normative legal research. Results of this study are formal principles in the anti sexual violence bill is appropriate with the UU P3 except the principle of openness. Likewise with the material principles in the …

Analisis Kritis Mengenai Percepatan Waktu Penagihan Utang Dalam Sengketa-Sengketa Kepailitan , Siti Rahmah Sari Ramadhani 2023 Universitas Indonesia

Analisis Kritis Mengenai Percepatan Waktu Penagihan Utang Dalam Sengketa-Sengketa Kepailitan , Siti Rahmah Sari Ramadhani

Law Number 37 of 2004 (UUK-PKPU) is a refinement of the old bankruptcy regulation of Faillissementsverordening (Fv) and Law Number 4 of 1998 (UUK). Completion is done in order to meet the needs and solve problems that arise in connection with bankruptcy. However, despite the changes and improvements to the regulation, there are still problems that arise, especially in accelerating the timing of debt collection (acceleration). In the UKK and Fv acceleration is not regulated normatively. So the judge has the discretion to make the discovery of the law differently in each case. In UUK-PKPU acceleration found in the explanation …

Tinjauan Hukum Penerapan Hak Mendahulu Utang Pajak Dalam Perkara Kepailitan Pt Industries Badja Garuda Berdasarkan Undang-Undang Nomor 37 Tahun 2004 Tentang Kepailitan Dan Penundaan Kewajiban Pembayaran Utang , Siti Fatimah Citra Nurislamiati 2023 Universitas Indonesia

Tinjauan Hukum Penerapan Hak Mendahulu Utang Pajak Dalam Perkara Kepailitan Pt Industries Badja Garuda Berdasarkan Undang-Undang Nomor 37 Tahun 2004 Tentang Kepailitan Dan Penundaan Kewajiban Pembayaran Utang , Siti Fatimah Citra Nurislamiati

This paper discusses the application of pre-emptive rights over tax debt collection in bankruptcy disputes regulated in Article 41 paragraph (3) of Law Number 37 of 2004 concerning the Bankruptcy and Deferral of Debt Payment Obligations displayed by the Directorate General of Taxes. Tax debts outside the bankruptcy process for compulsory taxes are being filed for bankruptcy by requesting the Commercial Court to return all tax liabilities that would harm the interests of the country. In the event that a taxpayer has been declared bankrupt, the Directorate General of Taxes still has the right to overtake and is privileged, requesting …

Kedudukan Bukti Tidak Langsung (Indirect Evidence) Dalam Penyelesaian Praktik Kartel Di Indonesia , Siti Aminah 2023 Universitas Indonesia

Kedudukan Bukti Tidak Langsung (Indirect Evidence) Dalam Penyelesaian Praktik Kartel Di Indonesia , Siti Aminah

The purpose of this paper is to find out and analyze the position of Indirect evidence used by KPPU in the completion of cartel practices in Indonesia and to analyze indirect evidence in terms of systems of verification in Indonesia. The research method used in this writing is a method of legal research that is prescriptive. The position of Indirect Evidence or evidence in the process of evidence can be accepted as evidence in proof of a cartel case and is evidence that must support the occurrence of alleged cartel practices in terms of price fixing and this indirect evidence …

Tinjauan Resi Gudang Sebagai Lembaga Jaminan , Savitri Islamiana Putri 2023 Universitas Indonesia

Tinjauan Resi Gudang Sebagai Lembaga Jaminan , Savitri Islamiana Putri

Warehouse Receipt System is expected as a solution to overcome the fall in commodity Warehouse Receipt System is expected as a solution to overcome the fall in commodity prices at harvest by storing farmers' harvests in the warehouse. The building manager will issue a Warehouse Receipt as proof of ownership of the goods stored as collateral for the debt that can be transferred by the inventory collateral. Therefore, the government Act No. 9 of 2011 concerning Amendment to Law No. 9 of 2006 concerning the Warehouse Receipt System (SRG Law). This research seeks to answer can the warehouse receipt provisions …

Analisis Hukum Terhadap Perlindungan Nasabah Dalam Menggunakan Internet Banking Di Indonesia (Studi Kasus Bank X) , Salsabila Putrianda 2023 Universitas Indonesia

Analisis Hukum Terhadap Perlindungan Nasabah Dalam Menggunakan Internet Banking Di Indonesia (Studi Kasus Bank X) , Salsabila Putrianda

With the present development of technology and the internet, everything has been made easier. One sector that is affected by the development of information and communication technology is Banking, an economic sub-sector that mobilizes public funds. Behind the convenience obtained from the use of Internet Banking, there are also risks that can be used in the use of this service, among others, many violations of law regarding personal data via the Internet and also regarding financial risks suffered by bank customers in the use of Internet Banking The IT criminals cause the Banking industry to be able to prepare security …

Dampak Ketiadaan Perda Penetapan Ukl/Upl Pada Kepastian Hukum Dalam Pelaksanaan Desentralisasi Di Bidang Lingkungan Hidup , Puteri Amirillis 2023 Universitas Indonesia

Dampak Ketiadaan Perda Penetapan Ukl/Upl Pada Kepastian Hukum Dalam Pelaksanaan Desentralisasi Di Bidang Lingkungan Hidup , Puteri Amirillis

The case of mangrove damage on the South Coast of West Sumatra in 2016-2017 where the defendant was a Deputy Regent who owned land in the Nagari Mandeh area, Pesisir Selatan, West Sumatra. The land was built without an environmental permit. The absence of an environmental permit has emerged because of the mangrove damage. This paper focuses on the absence of environmental permits because there is no stipulation on the types of businesses that are required to have UKL / UPL which should be stipulated by a regional regulation (Perda) by the Regional Government of the Pesisir Selatan Regency. This …

Penegakan Hukum Lingkungan Hidup Oleh Pemerintah Daerah Dalam Kerangka Otonomi Daerah , Prahesti Sekar Kumandhani 2023 Universitas Indonesia

Penegakan Hukum Lingkungan Hidup Oleh Pemerintah Daerah Dalam Kerangka Otonomi Daerah , Prahesti Sekar Kumandhani

Environmental law enforcement by regional governments in the context of regional autonomy is an important part of realizing quality environmental protection and management through the formation of regional legal policies. Regional legal policies regarding the protection and management of life-based on statutory regulations at the central level also influence the functioning of environmental law enforcement in the regions. This article aims to review the pattern of environmental law enforcement based on the Law on Environmental Protection and Management, the Regional Government Law, and the Job Creation Act, and discusses the relationship between the functioning of environmental law enforcement in the …

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Banks are regulated by both federal and state statutory and administrative law. Since banks and banking activities are often subject to more than one regulatory body, research on banking law can be complicated. Additionally, financial crisis and bank failure often prompt new legislation. This guide will provide you with a brief overview of how to research this area of law at the University of Connecticut Law School Library. Please start with the library’s online catalog to locate a specific item, or ask a reference librarian for help with in-depth research.

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Banking Law: FEDERAL BANKING LAWS

United States Federal Reserve

The Federal Reserve System is the central bank of the United States. It was founded by Congress in 1913 to provide the nation with a safer, more flexible, and more stable monetary and financial system. There are twelve federal reserve district banks. For information about the Federal Reserve System, see FRB: The Federal Reserve System Purposes & Functions.

The OCC's primary mission is to charter, regulate, and supervise all national banks and federal savings associations. The OCC also supervises the federal branches and agencies of foreign banks. In regulating national banks and federal thrifts, the OCC has the power to:

-Examine the national banks and federal thrifts. -Approve or deny applications for new charters, branches, capital, or other changes in corporate or banking structure. -Take enforcement actions against national banks and federal thrifts that do not comply with laws and regulations or that otherwise engage in unsound practices. -Remove officers and directors, negotiate agreements to change banking practices, and issue cease and desist orders as well as civil money penalties. -Issue rules and regulations, legal interpretations, and corporate decisions governing investments, lending, and other practices.

Federal Deposit Insurance Corporation

The Federal Deposit Insurance Corporation (FDIC) insures deposits in banks and thrift institutions for at least $250,000. It identifies, monitors, and addresses risks to deposit insurance funds, and limits adverse effects to the economy and financial system when a bank or thrift institution fails. An independent federal agency, the FDIC was created in 1933 after thousands of bank failures during the Depression. The FDIC receives no Congressional appropriations – it is funded by premiums paid by banks and thrift institutions for deposit insurance coverage and earnings on U.S. Treasury securities. The FDIC insures more than $7 trillion of deposits in U.S. banks and thrift institutions.

BANKING LAW

U.S. banks, bank accounts, and banking transactions are extensively regulated. The banking industry is subject to overlapping regulations promulgated by federal and state agencies:

Federal Statutes

TITLE 12, UNITED STATES CODE: BANKS AND BANKING:

Comptroller of the Currency, 12 U.S.C. §§ 1 et seq.

National Bank Act of 1864, 12 U.S.C. §§ 21 et seq.

Banking Act of 1933 (Glass-Steagall), 12 U.S.C. § 24

Federal Reserve Act of 1913, 12 U.S.C. §§ 221 et seq.

Federal Deposit Insurance Corporation, 12 U.S.C. §§ 265-266, 1811-1832

Savings Associations, 12 U.S.C. §§ 1461-1470

Gramm-Leach-Bliley Act of 1999, 12 U.S.C. §§ 1841-1850

Expedited Funds Availability, 12 U.S.C. §§ 4001-4010

Emergency Economic Stabilization, 12 U.S.C. §§ 5201 et seq. (Troubled Assets Relief Program [TARP], 12 U.S.C. §§ 5211-5241)

Wall Street Reform and Consumer Protection Act, 12 U.S.C. §§ 5301 et seq.

TITLE 15, UNITED STATES CODE: COMMERCE AND TRADE:

Consumer Credit Protection, 15 U.S.C. §§ 1601 et seq.

Wall Street Transparency and Accountability, 15 U.S.C. §§ 8301 et seq.

Important Banking Laws (FDIC)

The Volcker Rule

The "Volcker Rule," proposed by former Federal Reserve Chairman Paul Volcker, sought to address the problem of proprietary trading by federally-regulated banks that contributed to the 2008 financial crisis. New regulations developed jointly by the Federal Reserve, the Office of the Comptroller of the Currency, the Federal Deposit Insurance Corporation, the Commodity Futures Trading Commission, and the Securities and Exchange Commission went into effect July 21, 2016.

Financial Stability Oversight Council

U.S. Department of the Treasury Established under the Dodd-Frank Wall Street Reform and Consumer Protection Act, the Council established comprehensive monitoring of the stability of the U.S. financial system.

Federal Banking Regulations

Code of Federal Regulations:

TITLE 12 - Banks and Banking:

Chap. I - Comptroller of the Currency, Dept. of the Treasury (Parts 1 - 199)

Chap. II - Federal Reserve System (Parts 200 - 299)

Chap. III - Federal Deposit Insurance Corporation (Parts 300 - 399)

Chap. XV - Department of the Treasury (Parts 1500 - 1599)

TITLE 31 - Money and Finance: Treasury:

SUBTITLE A: Office of the Secretary of the Treasury (Parts 0 - 50)

SUBTITLE B: Regulations Relating to Money and Finance.

Government Accountability Office Reports

FEDERAL MONETARY POLICY

Subject guide.

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Banking Law

Penny A. Hazelton , University of Washington School of Law

Leah F. Chanin

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Banking and Finance Law | Legal Writing and Research

Research in the banking law field suffers from complexity, which is fueled by the imprecision of the scope and definition of banking law as a subject and the multiplicity of sources the researcher must consult.

As our banking system developed, the term bank normally referred to commercial banks—that is, depository institutions with investment and broad lending powers for short- or intermediate-term purposes. Savings banks and savings and loan institutions, which existed early in our history but were small in number until after World War II, were not considered banks by the above definition. The primary function of these thrift institutions was to collect passive deposits (savings) and invest in long-term real estate mortgages. The thrift industry is still closely tied (despite its broadened role) to housing and real estate interests. Thus, the field of banking law, in its most limited sense, would only include cases, laws, regulations, and secondary publications for and about commercial banks. Recent changes in definition and scope of banking institutions and the emergence of new types of institutions performing bank-like functions have muddled the definition problems even further.

For the purpose of this chapter, banking law includes resources about the law regulating commercial banks and thrift institutions (savings and loan association and saving banks). Collectively, thrifts and commercial banks will be referred to as banking institutions. Some sources refer to both types as depository institutions. Credit unions and other types of financial institutions (i.e., those performing bank-like functions) are not included in this chapter.

Recommended Citation

Penny A. Hazelton, Banking Law, in Specialized Legal Research 10-1 (Leah F. Chanin eds., 1997). Available at: https://digitalcommons.law.uw.edu/faculty-chapters/28

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