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Chapter Two



  The Impact of Government Policy and
     Regulation on Banking and the
       Financial-Services Industry
                            ©2008 The McGraw-Hill Companies,
McGraw-Hill/Irwin
                                          All Rights Reserved
Reasons for the Regulation of Banks
  • Protection of the Safety of the Public’s Savings
  • Control of the Supply of Money and Credit
  • Ensure Equal Opportunity and Fairness in
    Access to Credit
  • Promote Public Confidence in the Financial
    System
  • Avoid Concentration of Power
  • Support of Government Activities
  • Help for Special Segments of the Economy
McGraw-Hill/Irwin                                                                                   2-2
                                              © 2008 The McGraw-Hill Companies, Inc., All Rights Reserved.
Bank Management and Financial Services, 7/e
Principal Regulatory Agencies

  • Federal Reserve System
  • Comptroller of the Currency
  • Federal Deposit Insurance Corporation
  • Department of Justice
  • Securities and Exchange Commission
  • State Banking Boards or Commissions


McGraw-Hill/Irwin                                                                                   2-3
                                              © 2008 The McGraw-Hill Companies, Inc., All Rights Reserved.
Bank Management and Financial Services, 7/e
Laws Limiting Bank Lending and
                     Risk



  • National Banking Act
  • Federal Reserve Act
  • Glass Steagall Act – Banking Act of 1933



McGraw-Hill/Irwin                                                                                   2-4
                                              © 2008 The McGraw-Hill Companies, Inc., All Rights Reserved.
Bank Management and Financial Services, 7/e
Laws Restricting Services Banks and
    Other Depository Institutions Can
                  Offer


  • National Banking Act
  • Glass-Steagall Act – Banking Act of 1933
  • Competitive Equality in Banking Act
  • FDIC Improvement Act


McGraw-Hill/Irwin                                                                                   2-5
                                              © 2008 The McGraw-Hill Companies, Inc., All Rights Reserved.
Bank Management and Financial Services, 7/e
Laws Expanding the Services Banks
     and Other Depository Institutions
                Can Offer

  • Depository Institution Deregulation and
    Monetary Control Act (DIDMCA)
  • Garn-St. Germain Act
  • Gramm-Leach-Bliley Act



McGraw-Hill/Irwin                                                                                   2-6
                                              © 2008 The McGraw-Hill Companies, Inc., All Rights Reserved.
Bank Management and Financial Services, 7/e
Laws Prohibiting Discrimination in
             Offering Services


  • Equal Credit Opportunity Act
  • Community Reinvestment Act




McGraw-Hill/Irwin                                                                                   2-7
                                              © 2008 The McGraw-Hill Companies, Inc., All Rights Reserved.
Bank Management and Financial Services, 7/e
Laws Mandating Increased
                 Information to Consumers

  • Consumer Credit Protection Act
  • Competitive Equality in Banking Act
  • Truth in Savings Act
  • Gramm-Leach-Bliley Act
  • Fair and Accurate Transaction Act



McGraw-Hill/Irwin                                                                                   2-8
                                              © 2008 The McGraw-Hill Companies, Inc., All Rights Reserved.
Bank Management and Financial Services, 7/e
Laws Requiring More Accurate
                Financial Reporting

  • Sarbanes-Oxley Act




McGraw-Hill/Irwin                                                                                   2-9
                                              © 2008 The McGraw-Hill Companies, Inc., All Rights Reserved.
Bank Management and Financial Services, 7/e
Laws Regulating Branch Banking



 • Glass-Steagall Act – Banking Act of 1933
 • Riegle-Neal Interstate Banking and
   Branching Efficiency Act




McGraw-Hill/Irwin                                                                                  2-10
                                              © 2008 The McGraw-Hill Companies, Inc., All Rights Reserved.
Bank Management and Financial Services, 7/e
Laws Regulating Holding Company
                 Activity


  • Bank Holding Company Act
  • Riegle-Neal Interstate Banking and
    Branching Efficiency Act
  • Gramm-Leach-Bliley Act



McGraw-Hill/Irwin                                                                                  2-11
                                              © 2008 The McGraw-Hill Companies, Inc., All Rights Reserved.
Bank Management and Financial Services, 7/e
Laws Regulating Bank Mergers



  • Bank Merger Act
  • Riegle-Neal Interstate Banking and
    Branching Efficiency Act




McGraw-Hill/Irwin                                                                                  2-12
                                              © 2008 The McGraw-Hill Companies, Inc., All Rights Reserved.
Bank Management and Financial Services, 7/e
Laws Assisting Federal Agencies in
      Dealing with Failing Depository
                Institutions
  • Garn-St. Germain Depository Institutions
    Act
  • Competitive Equality in Banking Act
  • Financial Institutions reform, Recovery
    and Enforcement Act
  • FDIC Improvement Act
  • Federal Deposit Insurance Reform Act
McGraw-Hill/Irwin                                                                                  2-13
                                              © 2008 The McGraw-Hill Companies, Inc., All Rights Reserved.
Bank Management and Financial Services, 7/e
Laws Requiring Sharing of Customer
   Information with the Government


  • Bank Secrecy Act
  • USA Patriot Act




McGraw-Hill/Irwin                                                                                  2-14
                                              © 2008 The McGraw-Hill Companies, Inc., All Rights Reserved.
Bank Management and Financial Services, 7/e
National Banking Act (1863,1864)


  • Passed During the Civil War to Help Fund
    the War
  • Created A New Division of the Treasury,
    the Comptroller of the Currency
  • Created National Banks with a Federal
    Charter



McGraw-Hill/Irwin                                                                                  2-15
                                              © 2008 The McGraw-Hill Companies, Inc., All Rights Reserved.
Bank Management and Financial Services, 7/e
Federal Reserve Act of 1913

  • Passed After a Series of Financial Panics at
    the Beginning of the Century
  • Created the Federal Reserve System
  • Gave the Fed the Authority to Act as the
    Lender of Last Resort
  • Created to Provide a Number of Services
    to Member Banks
  • Today the Fed Controls the Money Supply
McGraw-Hill/Irwin                                                                                  2-16
                                              © 2008 The McGraw-Hill Companies, Inc., All Rights Reserved.
Bank Management and Financial Services, 7/e
Glass-Steagall Act 1933

 • Passed During the Great Depression
 • Separated Investment and Commercial
   Banking
 • Created the FDIC
 • Fed Given the Power to Set Margin
   Requirements
 • Prohibited Interest to be Paid on Checking
   Accounts
McGraw-Hill/Irwin                                                                                  2-17
                                              © 2008 The McGraw-Hill Companies, Inc., All Rights Reserved.
Bank Management and Financial Services, 7/e
FDIC Act 1935


  • Addressed the Issues Left Out of the
    Glass-Steagall Act
  • Gave the FDIC the Power to Examine
    Banks and Take Necessary Action




McGraw-Hill/Irwin                                                                                  2-18
                                              © 2008 The McGraw-Hill Companies, Inc., All Rights Reserved.
Bank Management and Financial Services, 7/e
Social Responsibility Acts
  • 1968 – Full Information on Terms of Loans
    Must be Given
  • 1974 – Cannot Be Denied a Loan Based on
    Age, Sex, Race, National Origin or
    Religion
  • 1977 – Cannot Discriminate Based on the
    Neighborhood in Which Borrower Resides
  • 1987 and 1991 – Banks Must Disclose Full
    Terms on Deposit and Savings Accounts
McGraw-Hill/Irwin                                                                                  2-19
                                              © 2008 The McGraw-Hill Companies, Inc., All Rights Reserved.
Bank Management and Financial Services, 7/e
Depository Institution Deregulation
       and Monetary Control Act
             (DIDMCA) 1980
  • First of Deregulation Acts
  • Phased Out Interest Rate Ceilings
  • Allowed Interest to be Paid on Checking
    Accounts (NOW Accounts)
  • Term Transaction Account Created – All
    Institutions with These Accounts Subject
    to Reserve Requirements
McGraw-Hill/Irwin                                                                                  2-20
                                              © 2008 The McGraw-Hill Companies, Inc., All Rights Reserved.
Bank Management and Financial Services, 7/e
Garn-St. Germain Act 1982

  • Continued the Deregulation of DIDMCA
  • Created Money Market Deposit Account
  • FDIC Could Arrange Mergers Across State
    Lines if Needed
  • Loan Limits were Liberalized
  • Banks in Need of Capital Could Get It
    From the FDIC


McGraw-Hill/Irwin                                                                                  2-21
                                              © 2008 The McGraw-Hill Companies, Inc., All Rights Reserved.
Bank Management and Financial Services, 7/e
Competitive Equality in Banking Act
                 1987

  • Allowed Creation of Special Bridge Banks
    for Failed Institutions
  • Bridge Banks Are Special National Banks
    Operated by the FDIC
  • Bridge Banks Created When Bank is
    Essential to the Community


McGraw-Hill/Irwin                                                                                  2-22
                                              © 2008 The McGraw-Hill Companies, Inc., All Rights Reserved.
Bank Management and Financial Services, 7/e
Financial Institutions Reform, Recovery
   and Enforcement Act (FIRREA) 1989
• Created in Response to Large Number of Bank and
  S&L Failures
• Combined FDIC and FSLIC into the FDIC and
  Dismantled S&L Regulatory Body
• Created the RTC to Take on the Assets of Failed
  S&Ls
• $50 Billion Authorized to Handle Failed Institutions
  (Later Increased)
• Allowed Bank Holding Companies to Purchase
  Savings Banks
McGraw-Hill/Irwin                                                                                  2-23
                                              © 2008 The McGraw-Hill Companies, Inc., All Rights Reserved.
Bank Management and Financial Services, 7/e
FDIC Improvement Act 1991

  • Move Towards Re-regulating the Industry
  • Requires Regulators to Take Prompt
    Corrective Action When a Bank has
    Problems
  • Prompt Corrective Action Based on the
    Capital Position of the Bank
  • Requires Regulators to Develop New
    Standards for the Banks They Regulate

McGraw-Hill/Irwin                                                                                  2-24
                                              © 2008 The McGraw-Hill Companies, Inc., All Rights Reserved.
Bank Management and Financial Services, 7/e
Riegle-Neal Acts 1994
  • Bank Holding Company Can Acquire Banks
    Nationwide
  • Consolidation of Interstate BHCs into Branches
  • Smaller Well Managed Banks Only Examined
    Every 18 Months
  • Community Development Fund Created to
    Promote Development of Depressed Local
    Communities


McGraw-Hill/Irwin                                                                                  2-25
                                              © 2008 The McGraw-Hill Companies, Inc., All Rights Reserved.
Bank Management and Financial Services, 7/e
Gramm-Leach-Bliley Act 1999
  • Permits Banking-Insurance-Securities Affiliations
  • Consumer Protections for Consumers Purchasing
    Insurance Through a Bank
  • Must Disclose Policies Regarding the Sharing of
    Customers’ Private Information
  • Customers are Allowed to ‘Opt Out’ of Private
    Information Sharing
  • Fees for ATM Use Must be Clearly Disclosed
  • Federal Crime to Use Fraud or Deception to Steal
    Someone’s Account or Personal Information


McGraw-Hill/Irwin                                                                                  2-26
                                              © 2008 The McGraw-Hill Companies, Inc., All Rights Reserved.
Bank Management and Financial Services, 7/e
The USA Patriot Act 2001

  • Requires Banks and Financial Service
    Providers to Establish the Identity of their
    Customers
  • Requires Banks and Financial Service
    Providers to Check the Customer’s ID Against
    Government-Supplied Lists of Possible
    Terrorists and Terrorist Organizations
  • Report Suspicious Activity in Customer’s
    Account to the US Treasury

McGraw-Hill/Irwin                                                                                  2-27
                                              © 2008 The McGraw-Hill Companies, Inc., All Rights Reserved.
Bank Management and Financial Services, 7/e
The Sarbanes–Oxley Accounting
               Standards Act 2002

  • Creates Panel to Promote Accurate and
    Objective Audits of Public Companies
  • Top Corporate Officers Must Vouch for
    the Accuracy of their Companies’
    Financial Statements



McGraw-Hill/Irwin                                                                                  2-28
                                              © 2008 The McGraw-Hill Companies, Inc., All Rights Reserved.
Bank Management and Financial Services, 7/e
Fair and Accurate Credit
             Transactions (FACT) Act 2003

  • Passed in Response to Increased Problem
    of Identity Theft
  • Federal Trade Commission Must Make it
    Easier for Consumers Victimized to File
    Theft Report
  • Individuals and Families are Entitled to
    One Free Credit Report Each Year


McGraw-Hill/Irwin                                                                                  2-29
                                              © 2008 The McGraw-Hill Companies, Inc., All Rights Reserved.
Bank Management and Financial Services, 7/e
Check 21 2004

  • Reduces the Need for Banks to Transport
    Paper Checks
  • Can Provide a Customer with ‘Substitute’
    Check Which Contains Image of Front and
    Back of Original Check
  • Allows for Electronic Transmission of
    ‘Substitute’ Checks for Clearing of Checks


McGraw-Hill/Irwin                                                                                  2-30
                                              © 2008 The McGraw-Hill Companies, Inc., All Rights Reserved.
Bank Management and Financial Services, 7/e
Federal Deposit Insurance Reform
                  Act 2006
  • First Significant Increase FDIC Coverage in 25
    years
  • Raises FDIC Insurance Limits from $100,000 to
    $250,000 for Certain Retirement Deposits
  • FDIC and NCUA are Empowered to Adjust
    Deposit Insurance Limits Every 5 years for
    Inflation
  • Merges Bank Insurance Fund and Savings
    Association Insurance Funds

McGraw-Hill/Irwin                                                                                  2-31
                                              © 2008 The McGraw-Hill Companies, Inc., All Rights Reserved.
Bank Management and Financial Services, 7/e
Regulating Nonbank Financial-
                      Service
• Credit Unions                                     • Finance Companies
     – National Credit Union                              – State Governments
       Administration                               • Mutual Funds
• Savings Associations                                    – Securities and Exchange
     – Office of Thrift Supervision                         Commission
• Money Market Funds                                • Securities Brokers and
     – Securities and Exchange                        Dealers
       Commission                                         – Securities and Exchange
• Insurance Companies                                       Commission
     – State Insurance                              • Financial Conglomerates
       Commissions                                        – Functional Regulation
McGraw-Hill/Irwin                                                                                  2-32
                                              © 2008 The McGraw-Hill Companies, Inc., All Rights Reserved.
Bank Management and Financial Services, 7/e
Organizational Structure of the
              Federal Reserve System

  • Board of Governors
  • Federal Open Market Committee
  • 12 Federal Reserve Banks
  • Member Banks




McGraw-Hill/Irwin                                                                                  2-33
                                              © 2008 The McGraw-Hill Companies, Inc., All Rights Reserved.
Bank Management and Financial Services, 7/e
European Central Bank

  • Central Policy is to Maintain Price
    Stability
  • Structure is Similar to the Federal Reserve
  • Eleven Member Nations




McGraw-Hill/Irwin                                                                                  2-34
                                              © 2008 The McGraw-Hill Companies, Inc., All Rights Reserved.
Bank Management and Financial Services, 7/e

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Chapter 02

  • 1. Chapter Two The Impact of Government Policy and Regulation on Banking and the Financial-Services Industry ©2008 The McGraw-Hill Companies, McGraw-Hill/Irwin All Rights Reserved
  • 2. Reasons for the Regulation of Banks • Protection of the Safety of the Public’s Savings • Control of the Supply of Money and Credit • Ensure Equal Opportunity and Fairness in Access to Credit • Promote Public Confidence in the Financial System • Avoid Concentration of Power • Support of Government Activities • Help for Special Segments of the Economy McGraw-Hill/Irwin 2-2 © 2008 The McGraw-Hill Companies, Inc., All Rights Reserved. Bank Management and Financial Services, 7/e
  • 3. Principal Regulatory Agencies • Federal Reserve System • Comptroller of the Currency • Federal Deposit Insurance Corporation • Department of Justice • Securities and Exchange Commission • State Banking Boards or Commissions McGraw-Hill/Irwin 2-3 © 2008 The McGraw-Hill Companies, Inc., All Rights Reserved. Bank Management and Financial Services, 7/e
  • 4. Laws Limiting Bank Lending and Risk • National Banking Act • Federal Reserve Act • Glass Steagall Act – Banking Act of 1933 McGraw-Hill/Irwin 2-4 © 2008 The McGraw-Hill Companies, Inc., All Rights Reserved. Bank Management and Financial Services, 7/e
  • 5. Laws Restricting Services Banks and Other Depository Institutions Can Offer • National Banking Act • Glass-Steagall Act – Banking Act of 1933 • Competitive Equality in Banking Act • FDIC Improvement Act McGraw-Hill/Irwin 2-5 © 2008 The McGraw-Hill Companies, Inc., All Rights Reserved. Bank Management and Financial Services, 7/e
  • 6. Laws Expanding the Services Banks and Other Depository Institutions Can Offer • Depository Institution Deregulation and Monetary Control Act (DIDMCA) • Garn-St. Germain Act • Gramm-Leach-Bliley Act McGraw-Hill/Irwin 2-6 © 2008 The McGraw-Hill Companies, Inc., All Rights Reserved. Bank Management and Financial Services, 7/e
  • 7. Laws Prohibiting Discrimination in Offering Services • Equal Credit Opportunity Act • Community Reinvestment Act McGraw-Hill/Irwin 2-7 © 2008 The McGraw-Hill Companies, Inc., All Rights Reserved. Bank Management and Financial Services, 7/e
  • 8. Laws Mandating Increased Information to Consumers • Consumer Credit Protection Act • Competitive Equality in Banking Act • Truth in Savings Act • Gramm-Leach-Bliley Act • Fair and Accurate Transaction Act McGraw-Hill/Irwin 2-8 © 2008 The McGraw-Hill Companies, Inc., All Rights Reserved. Bank Management and Financial Services, 7/e
  • 9. Laws Requiring More Accurate Financial Reporting • Sarbanes-Oxley Act McGraw-Hill/Irwin 2-9 © 2008 The McGraw-Hill Companies, Inc., All Rights Reserved. Bank Management and Financial Services, 7/e
  • 10. Laws Regulating Branch Banking • Glass-Steagall Act – Banking Act of 1933 • Riegle-Neal Interstate Banking and Branching Efficiency Act McGraw-Hill/Irwin 2-10 © 2008 The McGraw-Hill Companies, Inc., All Rights Reserved. Bank Management and Financial Services, 7/e
  • 11. Laws Regulating Holding Company Activity • Bank Holding Company Act • Riegle-Neal Interstate Banking and Branching Efficiency Act • Gramm-Leach-Bliley Act McGraw-Hill/Irwin 2-11 © 2008 The McGraw-Hill Companies, Inc., All Rights Reserved. Bank Management and Financial Services, 7/e
  • 12. Laws Regulating Bank Mergers • Bank Merger Act • Riegle-Neal Interstate Banking and Branching Efficiency Act McGraw-Hill/Irwin 2-12 © 2008 The McGraw-Hill Companies, Inc., All Rights Reserved. Bank Management and Financial Services, 7/e
  • 13. Laws Assisting Federal Agencies in Dealing with Failing Depository Institutions • Garn-St. Germain Depository Institutions Act • Competitive Equality in Banking Act • Financial Institutions reform, Recovery and Enforcement Act • FDIC Improvement Act • Federal Deposit Insurance Reform Act McGraw-Hill/Irwin 2-13 © 2008 The McGraw-Hill Companies, Inc., All Rights Reserved. Bank Management and Financial Services, 7/e
  • 14. Laws Requiring Sharing of Customer Information with the Government • Bank Secrecy Act • USA Patriot Act McGraw-Hill/Irwin 2-14 © 2008 The McGraw-Hill Companies, Inc., All Rights Reserved. Bank Management and Financial Services, 7/e
  • 15. National Banking Act (1863,1864) • Passed During the Civil War to Help Fund the War • Created A New Division of the Treasury, the Comptroller of the Currency • Created National Banks with a Federal Charter McGraw-Hill/Irwin 2-15 © 2008 The McGraw-Hill Companies, Inc., All Rights Reserved. Bank Management and Financial Services, 7/e
  • 16. Federal Reserve Act of 1913 • Passed After a Series of Financial Panics at the Beginning of the Century • Created the Federal Reserve System • Gave the Fed the Authority to Act as the Lender of Last Resort • Created to Provide a Number of Services to Member Banks • Today the Fed Controls the Money Supply McGraw-Hill/Irwin 2-16 © 2008 The McGraw-Hill Companies, Inc., All Rights Reserved. Bank Management and Financial Services, 7/e
  • 17. Glass-Steagall Act 1933 • Passed During the Great Depression • Separated Investment and Commercial Banking • Created the FDIC • Fed Given the Power to Set Margin Requirements • Prohibited Interest to be Paid on Checking Accounts McGraw-Hill/Irwin 2-17 © 2008 The McGraw-Hill Companies, Inc., All Rights Reserved. Bank Management and Financial Services, 7/e
  • 18. FDIC Act 1935 • Addressed the Issues Left Out of the Glass-Steagall Act • Gave the FDIC the Power to Examine Banks and Take Necessary Action McGraw-Hill/Irwin 2-18 © 2008 The McGraw-Hill Companies, Inc., All Rights Reserved. Bank Management and Financial Services, 7/e
  • 19. Social Responsibility Acts • 1968 – Full Information on Terms of Loans Must be Given • 1974 – Cannot Be Denied a Loan Based on Age, Sex, Race, National Origin or Religion • 1977 – Cannot Discriminate Based on the Neighborhood in Which Borrower Resides • 1987 and 1991 – Banks Must Disclose Full Terms on Deposit and Savings Accounts McGraw-Hill/Irwin 2-19 © 2008 The McGraw-Hill Companies, Inc., All Rights Reserved. Bank Management and Financial Services, 7/e
  • 20. Depository Institution Deregulation and Monetary Control Act (DIDMCA) 1980 • First of Deregulation Acts • Phased Out Interest Rate Ceilings • Allowed Interest to be Paid on Checking Accounts (NOW Accounts) • Term Transaction Account Created – All Institutions with These Accounts Subject to Reserve Requirements McGraw-Hill/Irwin 2-20 © 2008 The McGraw-Hill Companies, Inc., All Rights Reserved. Bank Management and Financial Services, 7/e
  • 21. Garn-St. Germain Act 1982 • Continued the Deregulation of DIDMCA • Created Money Market Deposit Account • FDIC Could Arrange Mergers Across State Lines if Needed • Loan Limits were Liberalized • Banks in Need of Capital Could Get It From the FDIC McGraw-Hill/Irwin 2-21 © 2008 The McGraw-Hill Companies, Inc., All Rights Reserved. Bank Management and Financial Services, 7/e
  • 22. Competitive Equality in Banking Act 1987 • Allowed Creation of Special Bridge Banks for Failed Institutions • Bridge Banks Are Special National Banks Operated by the FDIC • Bridge Banks Created When Bank is Essential to the Community McGraw-Hill/Irwin 2-22 © 2008 The McGraw-Hill Companies, Inc., All Rights Reserved. Bank Management and Financial Services, 7/e
  • 23. Financial Institutions Reform, Recovery and Enforcement Act (FIRREA) 1989 • Created in Response to Large Number of Bank and S&L Failures • Combined FDIC and FSLIC into the FDIC and Dismantled S&L Regulatory Body • Created the RTC to Take on the Assets of Failed S&Ls • $50 Billion Authorized to Handle Failed Institutions (Later Increased) • Allowed Bank Holding Companies to Purchase Savings Banks McGraw-Hill/Irwin 2-23 © 2008 The McGraw-Hill Companies, Inc., All Rights Reserved. Bank Management and Financial Services, 7/e
  • 24. FDIC Improvement Act 1991 • Move Towards Re-regulating the Industry • Requires Regulators to Take Prompt Corrective Action When a Bank has Problems • Prompt Corrective Action Based on the Capital Position of the Bank • Requires Regulators to Develop New Standards for the Banks They Regulate McGraw-Hill/Irwin 2-24 © 2008 The McGraw-Hill Companies, Inc., All Rights Reserved. Bank Management and Financial Services, 7/e
  • 25. Riegle-Neal Acts 1994 • Bank Holding Company Can Acquire Banks Nationwide • Consolidation of Interstate BHCs into Branches • Smaller Well Managed Banks Only Examined Every 18 Months • Community Development Fund Created to Promote Development of Depressed Local Communities McGraw-Hill/Irwin 2-25 © 2008 The McGraw-Hill Companies, Inc., All Rights Reserved. Bank Management and Financial Services, 7/e
  • 26. Gramm-Leach-Bliley Act 1999 • Permits Banking-Insurance-Securities Affiliations • Consumer Protections for Consumers Purchasing Insurance Through a Bank • Must Disclose Policies Regarding the Sharing of Customers’ Private Information • Customers are Allowed to ‘Opt Out’ of Private Information Sharing • Fees for ATM Use Must be Clearly Disclosed • Federal Crime to Use Fraud or Deception to Steal Someone’s Account or Personal Information McGraw-Hill/Irwin 2-26 © 2008 The McGraw-Hill Companies, Inc., All Rights Reserved. Bank Management and Financial Services, 7/e
  • 27. The USA Patriot Act 2001 • Requires Banks and Financial Service Providers to Establish the Identity of their Customers • Requires Banks and Financial Service Providers to Check the Customer’s ID Against Government-Supplied Lists of Possible Terrorists and Terrorist Organizations • Report Suspicious Activity in Customer’s Account to the US Treasury McGraw-Hill/Irwin 2-27 © 2008 The McGraw-Hill Companies, Inc., All Rights Reserved. Bank Management and Financial Services, 7/e
  • 28. The Sarbanes–Oxley Accounting Standards Act 2002 • Creates Panel to Promote Accurate and Objective Audits of Public Companies • Top Corporate Officers Must Vouch for the Accuracy of their Companies’ Financial Statements McGraw-Hill/Irwin 2-28 © 2008 The McGraw-Hill Companies, Inc., All Rights Reserved. Bank Management and Financial Services, 7/e
  • 29. Fair and Accurate Credit Transactions (FACT) Act 2003 • Passed in Response to Increased Problem of Identity Theft • Federal Trade Commission Must Make it Easier for Consumers Victimized to File Theft Report • Individuals and Families are Entitled to One Free Credit Report Each Year McGraw-Hill/Irwin 2-29 © 2008 The McGraw-Hill Companies, Inc., All Rights Reserved. Bank Management and Financial Services, 7/e
  • 30. Check 21 2004 • Reduces the Need for Banks to Transport Paper Checks • Can Provide a Customer with ‘Substitute’ Check Which Contains Image of Front and Back of Original Check • Allows for Electronic Transmission of ‘Substitute’ Checks for Clearing of Checks McGraw-Hill/Irwin 2-30 © 2008 The McGraw-Hill Companies, Inc., All Rights Reserved. Bank Management and Financial Services, 7/e
  • 31. Federal Deposit Insurance Reform Act 2006 • First Significant Increase FDIC Coverage in 25 years • Raises FDIC Insurance Limits from $100,000 to $250,000 for Certain Retirement Deposits • FDIC and NCUA are Empowered to Adjust Deposit Insurance Limits Every 5 years for Inflation • Merges Bank Insurance Fund and Savings Association Insurance Funds McGraw-Hill/Irwin 2-31 © 2008 The McGraw-Hill Companies, Inc., All Rights Reserved. Bank Management and Financial Services, 7/e
  • 32. Regulating Nonbank Financial- Service • Credit Unions • Finance Companies – National Credit Union – State Governments Administration • Mutual Funds • Savings Associations – Securities and Exchange – Office of Thrift Supervision Commission • Money Market Funds • Securities Brokers and – Securities and Exchange Dealers Commission – Securities and Exchange • Insurance Companies Commission – State Insurance • Financial Conglomerates Commissions – Functional Regulation McGraw-Hill/Irwin 2-32 © 2008 The McGraw-Hill Companies, Inc., All Rights Reserved. Bank Management and Financial Services, 7/e
  • 33. Organizational Structure of the Federal Reserve System • Board of Governors • Federal Open Market Committee • 12 Federal Reserve Banks • Member Banks McGraw-Hill/Irwin 2-33 © 2008 The McGraw-Hill Companies, Inc., All Rights Reserved. Bank Management and Financial Services, 7/e
  • 34. European Central Bank • Central Policy is to Maintain Price Stability • Structure is Similar to the Federal Reserve • Eleven Member Nations McGraw-Hill/Irwin 2-34 © 2008 The McGraw-Hill Companies, Inc., All Rights Reserved. Bank Management and Financial Services, 7/e