Part I OVERVIEW
Chapter 1 Introduction to Banking Law
Chapter 2 Regulation of Banking
Chapter 3 Creation, Organization, and Reorganization of Banks
Chapter 4 Bank Powers
Chapter 5 Branch Banking
Chapter 6 Duties, Powers, and Liabilities of Directors and Officers
Chapter 7 Indemnification of Corporate Officers and Directors
Chapter 8 Electronic Funds Transfer
Chapter 9 Bank Accounts
Chapter 10 Safe Deposit Boxes
Chapter 11 Banker's Lien and Right of Setoff
Chapter 12 Crimes Related to Banks
Chapter 13 Banks and Money Laundering
Appendix 13-A Forms Related to Banks and Money Laundering
Chapter 14 Banks and Political Activities
Appendix 14-A FDIC Joint Policy Concerning Improper Payments by Banks and Bank Holding Companies
Chapters 15-20 [Reserved]
Chapter SA Special Alert to Volume 2 Gramm-Leach-Bliley Act of 1999
Part II NATIONAL BANKS
Chapter 21 National Banks: Regulation, Supervision, and Control
Chapter 22 Organization of a National Bank
Chapter 23 Capitalization and Dividends
Chapter 24 Directors and Officers
Chapter 25 Corporate Powers
Chapter 26 Banking Powers
Chapter 27 Deposits
Chapter 28 The Lending Limit
Chapter 29 Real Estate Loans
Chapter 30 Interest and Usury
Chapter 31 Leasing
Chapter 32 Branching
Chapter 33 Affiliates and Subsidiaries of National Banks
Chapter 34 Trust Operations
Chapter 35 Actions and Proceedings
Chapter 36 Insolvency and Liquidation
Chapter 37 Examinations of National Banks
Chapters 38-40 [Reserved]
Chapter 41 Organization and Structure
Chapter 42 Deposit Insurance
Chapter 43 Interest
Chapter 44 Examination and Investigatory Functions
Chapter 45 Enforcement Powers
Chapter 46 Judicial Review of Enforcement Orders
Chapter 47 Participation in Lotteries
Chapter 48 Mergers
Chapter 49 Bank Failure Procedure
Chapter 50 Rehabilitation
Chapter 51 Change in Bank Control
Chapter 52 Application to Establish a Branch or to Move a Main Office or a Branch
Chapter 53 Application For Deposit Insurance
Chapter 54 Security Devices and Procedures
Chapter 55 F.D.I.C. Regulation of Bank Subsidiaries
Chapter 56 F.D.I.C. Regulation of Savings Associations
Chapters 57-60 [Reserved]
Part III BANK TAXATION
Chapter 61 Taxation of Banks in General and Tax Accounting Methods
Chapter 62 Tax Treatment of Bank Income
Chapter 63 Tax Treatment of Bank Expenses
Chapter 64 Leasing
Chapter 65 Transitional Corporate Entities
Chapter 66 Common Trust Funds and Financial Asset Securitization Investment Trusts (FASITs)
Chapter 67 Foreign Banks Engaged in Business in the United States and Foreign Income of United States Banks
Chapter 68 Insolvent Banks
Chapter 69 Bank Holding Companies
Chapter 70 Information Returns, Backup Withholding, and Payment of Estimated Tax
Chapters 71-75 [Reserved]
Chapter 76 Introduction to the Federal Reserve System
Chapter 77 Structure of the Federal Reserve System
Chapter 78 Member Banks
Appendix 78-A * Insider Lending Checklist
Chapter 79 Related Depository Institutions
Chapter 80 Examination and Supervision of State Member Banks
Chapter 81 Preemption of State Usury Laws
Chapter 82 Federal Reserve Bank Operations
Chapter 83 Banking Provisions of the Federal Trade Commission Act
Chapters 84-85 [Reserved]
Part IV BANK HOLDING COMPANIES; BANKS AND SECURITIES LAWS
Chapter 86 Bank Holding Companies--Background, Definitions and Regulation
Chapter 87 Expansion of Banking Interests
Chapter 88 Expansion of Nonbanking Activities and Interests
Chapter 89 Bank Holding Company Application Procedures
Chapter 90 Bank Holding Company Bankruptcies: Interplay Between Banking and Bankruptcy Law
Chapters 91-95 [Reserved]
Chapter 96 Bank Services
Chapter 97 Trust Investment Services Operation Control
Chapter 98 Bank Trading Obligations
Chapter 99 Regulation and Reporting Requirements of the 1933 Securities Act
Chapter 100 Registration and Regulatory Requirements of the Securities Exchange Act of 1934 and Other Securities Statutes
Chapter 101 Bank Investment Service: Regulatory Requirements
Chapter 102 Application of Fraud Provisions of the Federal Securities Laws
Chapter 103 Fraudulent Activities: Bases of Liability
Chapter 104 Insider Trading, Control, and Aiding and Abetting
Chapter 105 Fraudulent Bank Activities
Chapters 106-110 [Reserved]
Part V CHECKS, DRAFTS AND NOTES
Chapter 111 Introduction to U.C.C. Articles 3 and 4
Chapter 112 Characteristics of Checks and Other Negotiable Instruments
Chapter 113 Issue and Delivery
Chapter 114 Signature Requirement
Chapter 115 Transfer and Negotiation
Chapter 116 Holder in Due Course: General Principles
Chapter 117 Holder in Due Course: Good Faith and Notice
Chapter 118 Holder in Due Course: Defenses
Chapter 119 Holders in Due Course in Consumer Transactions
Chapter 120 Contract of the Parties
Chapter 121 Discharge
Chapter 122 Presentment and Dishonor
Chapter 123 Certification
Chapter 124 Unauthorized Signatures and Alterations
Chapter 125 Overdrafts
Chapter 126 Warranties of the Parties
Part VI CHECKS, DRAFTS AND NOTES
Chapter 127 Liabilities: Drawee Bank
Chapter 128 Liabilities: Depository and Collecting Bank
Chapter 129 Liability of Drawee and Depositary Banks: Double Forgeries--Signature and Endorsement
Chapter 130 Bank Defenses: Impostors and Fictitious Payees
Chapter 131 Bank Defenses: Contributory Negligence
Chapter 132 Bank Defenses: Customer's Duty to Examine Statements
Chapter 133 Stop Payments
Chapter 134 Bank Collections
Chapter 135 Payment of Items
Chapter 136 Insolvent Banks, Stale Checks, Death and Incompetence
Chapter 137 Wrongful Dishonor
Chapter 138 Collecting Banks: Duties, Liabilities, and Responsibilities
Chapters 139-149 [Reserved]
Part VII CONSUMER CREDIT: STATUTORY ANALYSIS
Chapter 150 Introduction to Consumer Credit
Chapter 151 Truth in Savings Act
Chapter 152 Truth in Lending Act
Chapter 153 Fair Credit Reporting Act
Chapter 154 Equal Credit Opportunity Act
Chapter 155 Fair Debt Collection Practices Act
Chapter 156 Real Estate Settlement Procedures Act
Part VIII CONSUMER CREDIT: STATUTORY ANALYSIS
Chapter 157 Home Mortgage Disclosure Act
Chapter 158 Community Reinvestment Act
Chapter 159 Preservation of Consumers' Claims and Defenses--FTC Trade Regulation Rule
Chapter 160 National Flood Insurance Program
Chapter 161 Fair Housing Act
Chapter 162 Right to Financial Privacy Act of 1978
Chapter 163 Consumer Leasing Act
Chapter 164 Electronic Fund Transfer Act
Chapter 165 Unfair And Deceptive Credit Practices--F.T.C. Trade Regulation Rule
Chapter 166 Expedited Funds Availability Act
Chapter 167 Homeowners Protection Act (Cancellation and Automatic Termination of Private Mortgage Insurance)
Chapter 168 Consumer Privacy Issues: Privacy Provisions of the Gramm-Leach-Bliley Act of 1999 (Title V)
CHAPTER 169 [Reserved]
Part IX CONSUMER CREDIT: TRANSACTIONS AND FORMS
Chapter 170 Advertising
Appendix 170-A Advertising--Model Forms
Appendix 170-B Advertising--Federal Reserve Board Interpretations
Chapter 171 Application Process
Appendix 171-A Application Process--Model Forms
Appendix 171-B Consumer Handbook on Adjustable Rate Mortgages
Appendix 171-C Federal Reserve Board Brochure -- When Your Home is on the Line What You Should Know About Home Equity ...
Chapter 172 Application Evaluation
Chapter 173 Applicant Notification
Appendix 173-A Applicant Notification--Model Forms
Part X CONSUMER CREDIT: TRANSACTIONS AND FORMS
Chapter 174 Consummation
Appendix 174-A Consummation--Model Forms
Appendix 174-B Consummation--Federal Reserve Board Interpretations
Chapter 175 Loan Repayment
Appendix 175-A Loan Repayment--Model Forms
Chapters 176-190 [Reserved]
Part XI INTERNATIONAL BANKING: SUPERVISION AND REGULATION
Chapter 191 Foreign Banks in the United States: Forms of Organization and Supervision
Chapter 192 Acquisition of a Domestic Subsidiary Bank
Chapter 193 Federal Branches and Federal Agencies
Chapter 194 Foreign Bank Branch Insurance
Chapter 195 Regulation of Banking Operations of Branches and Agencies of Foreign Banks
Chapter 196 Interstate Entry Restrictions
Chapter 197 Restriction on Nonbanking Activities
Chapter 198 Reports of Foreign Banking Organizations
Chapters 199-210 [Reserved]
Chapter 211 Introduction to Foreign Operations of United States Banks
Chapter 212 Foreign Branches of United States Banks: Establishment and Powers
Chapter 213 Edge and Agreement Corporations
Chapter 214 Foreign Investments of United States Financial Institutions
Chapter 215 International Banking Facilities
Chapter 216 International Lending Supervision and Disclosure
Chapter 217 Anti-Money Laundering Programs
Chapters 218-229 [Reserved]
Chapter INTRO Introduction
Chapter 230 Judicial Proceedings and the Law Applicable to Credits, Guarantees and Bonds
Chapter 231 The Applicant and the Beneficiary
Chapter 232 The Applicant and the Issuer
Chapter 233 The Beneficiary and the Issuer
Chapter 234 Provisional Remedies
Chapter 235 Acceptance Financing
Chapter 236 Credit Enhancement
Chapter 237 Restrictive Trade Practices
Chapter 238 Contract Guarantees
Chapter 239 Demand Guarantees
Chapter 240 Contract Bonds
Chapters 241-250 [Reserved]
Part XII FORMS
Chapter 251 Checks, Notes and Other Instruments
Chapter 252 Checking Accounts; Stop Payments; Dishonor
Chapter 253 Savings Accounts
Chapter 254 [Reserved]
Chapter 255 National Bank Regulatory Forms
Chapter 256 Federal Deposit Insurance Corporation Regulatory Forms
Chapter 257 [Reserved]
Chapter 258 [Reserved]
Chapter 259 Credit Card Agreements
Chapter 260 [Reserved]
Part A NATIONAL BANK ACT
Appendix II-A National Bank Act
Appendix II-B Comptroller's Regulations
Appendix II-C Policy Statements and Proposed Policy Statements
Federal Deposit Insurance Act
Part B FDIC REGULATIONS
Appendix III-B FDIC Regulations
Appendix III-C [Reserved]
Appendix III-D [Reserved]
Appendix III-E Bank Service Company Act--12 U.S.C. secs. 1861-1867
Appendix IV-A Federal Reserve Act
Part C FRB REGULATIONS
Appendix IV-B Regulations of the Board of Governors of the Federal Reserve System
Appendix IV-C Bank Holding Company Act of 1956, As Amended
Appendix IV-D Bank Holding Companies--Regulation Y
Appendix IV-E [Reserved]
Appendix IV-F [Reserved]
Appendix IV-G Federal Reserve Board Policy Statements
Part D CONSUMER CREDIT
Appendix 151-A Truth in Savings Act
Appendix 151-B Truth in Savings -- Regulation DD
Appendix 152-A Truth in Lending Act, As Amended
Appendix 152-B Truth in Lending--Regulation Z
Appendix 152-C [Reserved]
Appendix 152-D Truth in Lending--Official Staff Commentary To Regulation Z
Appendix 153-E Fair Credit Reporting--Unofficial Federal Reserve Staff Interpretations
Appendix 152-F Truth in Lending--Questions and Answers Regarding Financial Institution Enforcement Policy
Chapter SA 2003 Legislation Passed Amending the Fair Credit Reporting Act
Appendix 153-A Fair Credit Reporting Act
Appendix 153-B Fair Credit Reporting--FTC Act and FTC Improvements Act Provisions
Appendix 153-C Fair Credit Reporting--FTC Official Interpretations
Appendix 153-D [Reserved]
Appendix 153-E Fair Credit Reporting--Unofficial Federal Reserve Staff Interpretations
Appendix 153-F Fair Credit Reporting--Administration and Guidelines
Appendix 154-A Equal Credit Opportunity Act
Appendix 154-B Equal Credit Opportunity-- Regulation B--12 CFR Part 202
Part E CONSUMER CREDIT
Appendix 155-A Fair Debt Collection Practices Act
Appendix 155-B Federal Trade Commission Staff Commentary on the Fair Debt Collection Practices Act
Appendix 156-A Real Estate Settlement Procedures Act
Appendix 156-B Real Estate Settlement Procedures--Regulation X
Appendix 156-C Real Estate Settlement Procedures--Special Information Booklet--Buying Your Home Settlement Costs and ...
Appendix 156-D Real Estate Settlement Procedures Act-- Interpretative Rules
Appendix 156-E Disclosure of Mortgage Broker Fees Under RESPA
Appendix 156-F Investigations in Consumer Regulatory Programs
Appendix 156-G FDIC Financial Institution Guidance on Completing HUD-1, HUD-1A and Good Faith Estimate Forms Required ...
Appendix 157-A Home Mortgage Disclosure Act
Appendix 157-B Home Mortgage Disclosure--Regulation C (eff. until Jan. 1, 2004)
Appendix 158-A Community Reinvestment Act
Appendix 158-B Community Reinvestment-- Regulation BB
Appendix 158-C Community Reinvestment--Agency Interpretations
Appendix 158-D Statement of the Federal Financial Supervisory Agencies Regarding the Community Reinvestment Act
Appendix 158-E Community Reinvestment Act Interagency Questions and Answers Regarding Community Reinvestment
Appendix 158-F Community Reinvestment Act Sample Policy Statement
Appendix 158-G O.T.S. Regulations-- Community Reinvestment
Appendix 158-H The Home Loan and Savings Company
Appendix 158-I Federal Financial Institutions Examination Council Community Reinvestment Act Policy Statement on ...
Appendix 158-J A Citizen's Guide to the C.R.A
Appendix 158-K Community Reinvestment Act: Introduction to Examination Procedures
Appendix 159-A FTC Holder In Due Course Rule
Appendix 160-A Flood Insurance--Statutes
Appendix 160-B Flood Insurance--Regulations 12 CFR Parts 22, 339, and 760; 44 CFR Parts 59, 64, and 65
Appendix 160-C Mandatory Purchase of Flood Insurance Guidelines
Appendix 160-D Interagency Questions and Answers Regarding Flood Insurance
Appendix 161-A Fair Housing--Statutory Provisions
Appendix 161-B Fair Housing -- Anti-Discrimination Regulations -- 12 CFR Parts 27, 338 and 528 -- 24 CFR Parts 100, ...
Appendix 161-C Policy Statement on Discrimination in Lending
Part F CONSUMER CREDIT; INTERNATIONAL BANKING
Appendix 162-A Right to Financial Privacy Act of 1978
Appendix 162-B Reimbursement for Providing Financial Records; Recordkeeping Requirements for Certain Financial Records ...
Appendix 162-C Right to Financial Privacy--Department of Justice Advisory
Appendix 163-A Truth in Lending Act--Consumer Leases
Appendix 163-B Consumer Leasing-- Regulation M
Appendix 163-C [Reserved]
Appendix 163-D Consumer Leases--Official Staff Commentary to Regulation M
Appendix 164-A Electronic Funds Transfer Act
Appendix 164-B Electronic Fund Transfers--Regulation E
Appendix 164-C Electronic Fund Transfers--Official Staff Interpretations to Regulation E
Appendix 165-A Unfair and Deceptive Credit Practices--FTC Trade Regulation Rule
Appendix 165-B FTC Supplementary Information on Credit Practices Rule
Appendix 165-C Unfair and Deceptive Credit Practices-- FHLBB Rule-- 12 CFR Part 535
Appendix 165-D FRB Credit Practices Rule--12 CFR Part 227-- Regulation AA
Appendix 165-E Complying with the Credit Practices Rule
Appendix 165-F 12 CFR Part 536--Consumer Protection in Sales of Insurance
Appendix 166-A Expedited Funds Availability Act
Appendix 166-B Availability of Funds and Collection of Checks--Regulation CC--12 CFR Part 229
Appendix 166-C Check Clearing for the 21st Century Act
Appendix 167-A Homeowners Protection Act of 1998
Appendix 167-B [Reserved]
Appendix 167-C Model Forms
Appendix 167-D Bulletin
Appendix 167-E State Requirements
Appendix 168-A Title V of Gramm-Leach-Bliley Act of 1999: Privacy
Appendix 168-B Privacy Regulations: Consumer Financial Information: 12 CFR Parts 40, 216, 332 And 573
Appendix 168-C Guidelines for Performing a Privacy Disclosures "Audit"
Appendix 168-D Interpretive Letter 910: Limits On Disclosing Account Numbers
Appendix IX-A International Banking Act
Appendix IX-B International Banking Activities
Appendix IX-C International Banking Operations
Appendix IX-D [Reserved]
Appendix IX-E International Banking
Appendix IX-F UCC--Article 5--Letters of Credit (1972 Version)
Appendix IX-G UCC--Article 5-- Letters of Credit (1995 Revision)
Appendix IX-H UCP 400 (1983 Revision)
Appendix IX-I UCP 500 (1993 Revision)
Appendix IX-J Sample Forms
Appendix IX-K Uniform Rules For Bank-To-Bank Reimbursements Under Documentary Credits
Appendix IX-L ICC Uniform Rules for Contract Guarantees
Appendix IX-M ICC Uniform Rules for Demand Guarantees
Appendix IX-N ICC Uniform Rules for Contract Bonds
Appendix IX-O International Standby Practices ISP98
Appendix IX-P United Nations Convention on Independent Guarantees and Stand-by Letters of Credit
McCullough, Burton V.
Burton V. McCullough is a California practitioner who is a recognized authority on letters of credit. He has a highly successful practice in which he practices in the areas of commercial/international law as well as numerous other fields of law.
Lassila, Dennis
Dr. Dennis Lassila, CPA is The Shelton Professor of Taxation at Texas A & M University where he teaches courses in Compensation and Employee Benefits Taxation, Estate and Gift Taxation, Taxation of Pass-Through Entities, and Individual Taxation. He has taught at Texas A & M since 1983. Prior to that, he taught at the University of Hawaii at Manoa, St. Cloud State University, the University of Minnesota, and St. Johns University (Minnesota). Dr. Lassila received his Ph.D. degree in Accounting from the University of Minnesota in 1981. His doctoral coursework included a minor in the University of Minnesota Law School. Dr. Lassila is a member of the American Accounting Association, the American Taxation Association and the Academy of International Business. He has twice received tax faculty research grants from the Ernst and Young Tax Foundation (1987 and 1989). Dr. Lassila is the author of over sixty scholarly articles in such academic and professional journals as The Journal of Taxation, The Tax Adviser, The International Journal of Accounting Education and Research, The International Tax Journal, and others. Dr. Lassila is the coauthor of Bender's Payroll Tax Guide (Matthew Bender) and an author for Volume 3 of the multi-volume treatise, Banking Law (Matthew Bender).
Lapine, Kenneth M.
Kenneth M. Lapine is a partner in the Cleveland office of Roetzel & Andress, LPA. His areas of practice include real estate, banking, consumer credit, general business, and corporate law.
Prior to joining Roetzel & Andress, Mr. Lapine was a partner at Hahn Loeser and Parks and vice president, secretary and chief counsel at Shaker Savings Association in Cleveland, Ohio. As an adjunct professor of law at Cleveland State University Law School, Mr. Lapine taught real estate practice. He also is a frequent lecturer on banking topics for various professional organizations. Among his many publications, Mr. Lapine is the author of Consumer Credit: Law, Transactions and Forms (Matthew Bender) and the consumer credit volumes of the multi-volume treatise, Banking Law (Matthew Bender). He is a contributing author of the Ohio Transaction Guide (Matthew Bender). Mr. Lapine has been listed among The Best Lawyers in America for Banking Law and Real Estate Law for twelve years, Top Lawyers in Northern Ohio, and Ohio Super Lawyers. He earned his law degree in 1967 from University of Michigan, Law School, and his B.A. degree in 1964 from Dartmouth College.
Weisblatt, Harold
Harold Weisblatt is a former bank counsel having held senior in-house counsel positions at several major commercial banks. His most recent position was Vice President and Associate General Counsel at Atlantic Bank of New York. He was a consultant for Citibank, N.A. and a Vice President-Counsel at National Westminster Bancorp, where he managed the bank service team responsible for deposit products, trade services and operations groups. Prior to joining NatWest, Mr. Weisblatt held the position of Senior Vice President-Associate General Counsel at First City, Texas, in Houston, Texas and Senior Vice President and General Counsel at Equibank in Pittsburgh, Pennsylvania. From 1968 to 1986, he held the position of Senior Vice President and Senior Counsel at Chemical Bank, New York, New York, where he managed defendant and plaintiff workout litigation matters and was a member of the legal department management group. As a former adjunct professor of law at the University of Houston Law Center, and the University of Pittsburgh School of Law, Mr. Weisblatt taught Uniform Commercial Code. He has also lectured frequently on various banking topics for various professional organizations and schools. He is the author of Checks, Drafts, and Notes and a contributing author to Banking Law, making contributions on Articles 3 and 4 of the Uniform Commercial Code. He also makes contributions to various other publications, including Lender Liability Law and Litigation and Debtor and Creditor Law. He is a former member of the Corporation, Banking, Business Law and Litigation Sections of the American Bar Association and Ad Hoc Committees on New York Clearing House Association and Corporation, Banking, Business Law Subcommittee on Payment Systems. He is a member of the New York, Pennsylvania (inactive) and Texas (inactive) bars. He received his master of laws degree in 1972 from New York University, his law degree in 1968 from Brooklyn Law School, and his B.A. degree in 1963 from Hofstra University.
Pilecki, Paul S.
Paul S. Pilecki, a partner in Winston & Strawn's Financial Services Practice Group, represents financial services firms, including insured commercial and savings banks, foreign banks, bank holding companies, and broker-dealers on regulatory and corporate issues. Mr. Pilecki's work for clients includes: (1) counseling on matters related to new products, geographic expansion, compliance with safety and soundness, anti-money laundering, and consumer protection regulations, and bank supervision by the regulatory agencies; (2) processing applications for new banking offices, acquisitions, and new lines of business; (3) representation in the agency rulemaking and legislative processes; and (4) representation of clients in financial supervisory agency enforcement proceedings.
Prior to joining Winston & Strawn, Mr. Pilecki held the position of Senior Counsel in the Legal Division of the Board of Governors of the Federal Reserve System in Washington, D.C. A member of the Board's staff from 1978 to 1984, Mr. Pilecki worked on legal issues involving the supervision and regulation of banks and financial institutions, including the Board's regulations governing reserve requirements, bank liabilities, and other matters. From 1972 to 1978, Mr. Pilecki was a bank examiner with the Federal Reserve Bank of Philadelphia. He conducted commercial and consumer compliance examinations throughout the Third Federal Reserve District. He left the Board in 1984 to join a prominent Washington law firm where he was a partner until 2002.
Mr. Pilecki has written articles and lectured frequently on various banking topics. In addition, he makes semi-annual contributions on international banking regulation to Banking Law, a treatise published by Matthew Bender. He is a member of the Banking Law Committee of the American Bar Association and is Vice Chairman of the Executive Council of the Banking Committee of the Federal Bar Association. He received his law degree in 1978 from Temple University School of Law and his A.B. degree from St. Joseph's University.