Banking Law and Regulation
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Description
This is a book about banking law and regulation. By “banking law” we mean not only the law applicable to traditional commercial banks, but also the pattern of regulation governing other depository institutions (institutions that accept checking account deposits from customers) such as savings and loans, savings banks, and credit unions. Reference will also occasionally be made to other types of financial institutions such as securities firms, pension funds, and life insurance companies, which are increasingly offering “bank-like” services. Accordingly, the scope of the book is broader than traditional commercial banks. At the same time, we do not treat all legal issues affecting the business of depository institutions. Banks and thrifts confront many thorny questions in the handling of negotiable instruments such as checks. We leave the legal rules applicable to negotiable instruments to course on the Uniform Commercial Code. Banks also face a variety of legal problems in making and collecting on loans; for the most part these problems are also outside the scope of this book, although we do treat the burgeoning question of lender liability in Chapter 3. Finally, banks like other firms, must comply with all sorts of federal and state regulations applicable to businesses generally, such as rules regulating securities issuance, prohibiting discrimination in employment, governing relationships with unions, and much more. These topics are treated in the relevant substantive law courses such as securities regulation, employment discrimination, and labor law. This book is structured as follows. Chapter 1 provided and introduction and overview, including a discussion of banking history, which in our opinion is essential to an understanding of the current structure of banking regulation. Chapters 2 and 3 consider the regulations governing entry into the business of banking and regulator limitations on the business operations of banking institution. Chapter 4 expands the coverage to consider the regulation of bank holding companies and their coverage to consider the regulation of bank holdings companies and their affiliates. Chapter 5 treats geographic restrictions on bank expansion. Chapter 6 discusses the securities powers of banks, one of the most controversial contemporary issues in bank regulation. Chapter 7 examines regulatory enforcement powers, and Chapter 8 looks at bank failure. Finally, Chapter 9 addresses the topic of international banking and the ever-increasing “globalization” of financial institutions law. Accompanying this book is a statutory supplement. Because banking law is so heavily statutory in focus, frequent reference to the governing legislation is essential. Although the casebook quotes key language from the most important statues, a full understanding of banking law requires close reading of all the relevant statutes. Accordingly, we encourage students to study the statutory language carefully as well.
Publication Date
1992
Edition
1
Recommended Citation
Macey, Jonathan R. and Miller, Geoffrey P., "Banking Law and Regulation" (1992). Faculty Books & Edited Works. 503.
https://gretchen.law.nyu.edu/fac-books-edited-works/503
