Banking Law

Part I Regulatory Background
Chapter 1 Introduction to Banking Law
Chapter 2 Regulation of Banking

Part II Organization
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

Part III Related Activities
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
Chapter 14 Banks and Political Activities
Appendix 14-A FDIC Joint Policy
Chapters 15-20 [Reserved]

Part IV 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]

Part V FDIC
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 and Open Institution Assistance Resolution Method
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 FDIC Regulation of Bank Subsidiaries
Chapter 56 FDIC Regulation of Savings Associations
Chapters 57-60 [Reserved]

Part VI 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]

Part VII Federal Reserve Banks
Chapter 76 Introduction to the Federal Reserve System
Chapter 77 Structure of the Federal Reserve System
Chapter 78 Member Banks
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 VIII Bank Holding Companies
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]

Part IX Banks and Securities Laws
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 1934 Securities Exchange Act and Other Securities Statutes
Chapter 101 Bank Investment Service: Regulatory Requirements
Chapter 102 Application of Anti-Fraud Provisions
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 X Article 3: Negotiable Instruments
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
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

Part XI Article 4: Bank Collection
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]
Chapter 150 Introduction to Consumer Credit

Part XII Truth in Savings
Chapter 151 Truth in Savings Act

Part XIII Truth in Lending
Chapter 152 Truth in Lending Act

Part XIV Fair Credit Reporting
Chapter 153 Fair Credit Reporting Act
Appendix 153-A1: Fair Credit Reporting Act--Model Forms

Part XV Equal Credit Opportunity
Chapter 154 Equal Credit Opportunity Act

Part XVI Fair Debt Collection
Chapter 155 Fair Debt Collection Practices Act

Part XVII Real Estate Settlement
Chapter 156 Real Estate Settlement Procedures Act

Part XVIII Home Mortgage Disclosure
Chapter 157 Home Mortgage Disclosure Act

Part XIX Community Reinvestment
Chapter 158 Community Reinvestment Act

Part XX FTC Holder in Due Course
Chapter 159 Preservation of Consumers' Claims and Defenses--FTC Trade Regulation Rule

Part XXI Flood Insurance
Chapter 160 National Flood Insurance Program

Part XXII Fair Housing
Chapter 161 Fair Housing Act

Part XXIII Right to Financial Privacy
Chapter 162 Right to Financial Privacy Act of 1978

Part XXIV Consumer Leases
Chapter 163 Consumer Leasing Act

Part XXV Electronic Fund Transfers
Chapter 164 Electronic Fund Transfer Act

Part XXVI FTC Credit Practices Rules
Chapter 165 Unfair And Deceptive Credit Practices--F.T.C. Trade Regulation Rule

Part XXVII Expedited Funds Availability
Chapter 166 Expedited Funds Availability Act

Part XXVIII Homeowners Protection Act
Chapter 167 Homeowners Protection Act (Cancellation and Automatic Termination of Private Mortgage Insurance)

Part XXIX Consumer Privacy Issues
Chapter 168 Consumer Privacy Issues: Privacy Provisions of the Gramm-Leach-Bliley Act of 1999
CHAPTER 169 [Reserved]

Part XXX Advertising
Chapter 170 Advertising
Appendix 170-A: Advertising--Model Forms
Appendix 170-B: Advertising--Federal Reserve Board Interpretations

Part XXXI Application Process
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

Part XXXII Application Evaluation
Chapter 172 Application Evaluation

Part XXXIII Application Notification
Chapter 173 Applicant Notification
Appendix 173-A: Applicant Notification--Model Forms

Part XXXIV Consummation
Chapter 174 Consummation
Appendix 174-A: Consummation--Model Forms
Appendix 174-B: Consummation--Federal Reserve and Board Interpretations

Part XXXV Loan Repayment
Chapter 175 Loan Repayment
Appendix 175-A: Loan Repayment--Model Forms
Chapters 176-190 [Reserved]

Part XXXVI Foreign Bank Operations in U.S.
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]

Part XXXVII Operations of U.S. Banks in Foreign Countries
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]

Part XXXVIII International Banking
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 XXXIX 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]

 

Burton V. McCullough

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.

Dennis Lassila

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 is the coauthor of Bender's Payroll Tax Guide (Matthew Bender).

Kenneth M. Lapine

Kenneth M. Lapine is a partner in the Cleveland office of Miller Goler Faeges, LLP. Mr. Lapine focuses on matters such as real estate acquisitions, dispositions and management, investment real estate syndication, consumer credit, and regulatory aspects and operational facets of financial institutions. His clients include mortgage banking and other financial institutions, developers and real estate investors. He 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). 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.

Harold Weisblatt

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.

Paul S. Pilecki

Paul S. Pilecki is a partner with Kilpatrick Stockton LLP, concentrating his practice in the representation of foreign and domestic banking organizations on regulatory matters and has extensive experience in advising banking organizations on the scope and structure of new activities and geographic expansion. His experience includes matters under the Bank Holding Company Act, the Federal Reserve Act, the Federal Deposit Insurance Act, the International Banking Act, and other federal and state banking and securities laws.