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Bank Regulation

Bank regulation in the United States is highly fragmented compared to other G10 countries where most countries have only one bank regulator. In the U.S., banking is regulated at both the federal and state level. Depending on a banking organization's charter-type and organizational structure, it may be subject to numerous federal and state banking regulators. Unlike Japan and the United Kingdom, where regulatory authority over the banking, securities and insurance industries is combined into one single financial services agency, the U.S. maintains separate securities, commodities, and insurance regulatory agencies (which are separate from the bank regulatory agencies) at the federal and state level as well.

The U.S also has one of the most highly regulated banking environments in the world; however, many of the regulations are not safety and soundness related, but are instead focused on privacy, disclosure, fraud prevention, anti-money laundering, anti-terrorism, anti-usury lending, and promoting lending to lower-income segments. Even individual cities enact their own financial regulation laws (for example, for usury lending).

Federal Regulatory Agencies

A bank's primary federal regulator could be the Federal Deposit Insurance Corporation, the Federal Reserve Board, the Office of the Comptroller of the Currency, and the Office of Thrift Supervision. And within the Federal Reserve Board, there are 12 districts centered around 12 regional Federal Reserve Banks, each of which carries out the Federal Reserve Board's bank regulatory responsibilities in its respective district. Credit Unions in the United States are subject to certain similar bank-like regulations and are supervised by the National Credit Union Administration.

State Regulatory Agencies

State-chartered banks are also subject to the regulation and supervision of the state regulatory agency of the state in which they were chartered. State regulation of state-chartered banks applies in addition to federal regulation. For example, a California state bank that is not a member of the Federal Reserve System would be regulated by both the California Department of Financial Institutions and the FDIC. Likewise, a Nevada state bank that is a member of the Federal Reserve System would be jointly regulated by the Nevada Division of Financial Institutions and the Federal Reserve.

Bank Secrecy Act

The Bank Secrecy Act of 1970 (or BSA, or otherwise known as the Currency and Foreign Transactions Reporting Act) requires U.S.A. financial institutions to assist U.S. government agencies to detect and prevent money laundering. Specifically, the act requires financial institutions to keep records of cash purchases of negotiable instruments, file reports of cash transactions exceeding $10,000 (daily aggregate amount), and to report suspicious activity that might signify money laundering, tax evasion, or other criminal activities.

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Glossary
State Banking Regulators
Helpwithmybank.gov
Government Resources
International Banking
U.S. Finance & Banking Laws
  • 15 U.S.C. §1692-1692o Fair Debt Collection Practices Act.
  • 15 U.S.C. - Chapter 2D Investment Companies and Advisors.
  • 18 U.S.C. §1005 False Bank Entries.
  • 18 U.S.C. §1007 False Statement to FDIC.
  • 18 U.S.C. §1344 Bank Fraud.
  • 18 U.S.C. §1517 Obstructing Examination of Financial Institution.
  • 18 U.S.C. §1956-60 Money Laundering.
  • 18 U.S.C. §2113 Bank Robbery.
  • 18 U.S.C. §212-215 Bank Bribery.
  • 18 U.S.C. §656 Theft by Bank Officer or Employee.
  • 18 U.S.C. - Chapter 17 Coins and Currency.
  • 26 U.S.C. - Internal Revenue Code
  • 28 U.S.C. §1348 Banking Associations as Parties to Civil Litigation.
  • 31 U.S.C. - Chapter 53 Monetary Transactions.
  • 42 U.S.C. §4012a Flood Insurance Purchase and Compliance Requirements and Escrow Accounts.
  • 42 U.S.C. §4104a Notification of Special Flood Hazards.
  • U.S. Banking Code
    UCC - Negotiable Instruments
    UCC - Bank Deposits
    UCC - Fund Transfers

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