OpenJurist

12 USC 1813 - Definitions

As used in this chapter
(a) Definitions of bank and related terms 

(1) Bank 
The term bank
(A) means any national bank and State bank, and any Federal branch and insured branch;
(B) includes any former savings association.
(2) State bank 
The term State bank means any bank, banking association, trust company, savings bank, industrial bank (or similar depository institution which the Board of Directors finds to be operating substantially in the same manner as an industrial bank), or other banking institution which
(A) is engaged in the business of receiving deposits, other than trust funds (as defined in this section); and
(B) is incorporated under the laws of any State or which is operating under the Code of Law for the District of Columbia,

including any cooperative bank or other unincorporated bank the deposits of which were insured by the Corporation on the day before August 9, 1989.

(3) State 
The term State means any State of the United States, the District of Columbia, any territory of the United States, Puerto Rico, Guam, American Samoa, the Trust Territory of the Pacific Islands, the Virgin Islands, and the Northern Mariana Islands.
(b) Definition of savings associations and related terms 

(1) Savings association 
The term savings association means
(A) any Federal savings association;
(B) any State savings association; and
(C) any corporation (other than a bank) that the Board of Directors and the Director of the Office of Thrift Supervision jointly determine to be operating in substantially the same manner as a savings association.
(2) Federal savings association 
The term Federal savings association means any Federal savings association or Federal savings bank which is chartered under section 1464 of this title.
(3) State savings association 
The term State savings association means
(A) any building and loan association, savings and loan association, or homestead association; or
(B) any cooperative bank (other than a cooperative bank which is a State bank as defined in subsection (a)(2) of this section),

which is organized and operating according to the laws of the State (as defined in subsection (a)(3) of this section) in which it is chartered or organized.

(c) Definitions relating to depository institutions 

(1) Depository institution 
The term depository institution means any bank or savings association.
(2) Insured depository institution 
The term insured depository institution means any bank or savings association the deposits of which are insured by the Corporation pursuant to this chapter.
(3) Institutions included for certain purposes 
The term insured depository institution includes any uninsured branch or agency of a foreign bank or a commercial lending company owned or controlled by a foreign bank for purposes of section 1818 of this title.
(4) Federal depository institution 
The term Federal depository institution means any national bank, any Federal savings association, and any Federal branch.
(5) State depository institution 
The term State depository institution means any State bank, any State savings association, and any insured branch which is not a Federal branch.
(d) Definitions relating to member banks 

(1) National member bank 
The term national member bank means any national bank which is a member of the Federal Reserve System.
(2) State member bank 
The term State member bank means any State bank which is a member of the Federal Reserve System.
(e) Definitions relating to nonmember banks 

(1) National nonmember bank 
The term national nonmember bank means any national bank which
(A) is located in any territory of the United States, Puerto Rico, Guam, American Samoa, the Virgin Islands, or the Northern Mariana Islands; and
(B) is not a member of the Federal Reserve System.
(2) State nonmember bank 
The term State nonmember bank means any State bank which is not a member of the Federal Reserve System.
(f) Mutual savings bank 
The term mutual savings bank means a bank without capital stock transacting a savings bank business, the net earnings of which inure wholly to the benefit of its depositors after payment of obligations for any advances by its organizers.
(g) Savings bank 
The term savings bank means a bank (including a mutual savings bank) which transacts its ordinary banking business strictly as a savings bank under State laws imposing special requirements on such banks governing the manner of investing their funds and of conducting their business.
(h) Insured bank 
The term insured bank means any bank (including a foreign bank having an insured branch) the deposits of which are insured in accordance with the provisions of this chapter; and the term noninsured bank means any bank the deposits of which are not so insured.
(i) New depository institution and bridge depository institution defined 

(1) New depository institution 
The term new depository institution means a new national bank or Federal savings association, other than a bridge depository institution, organized by the Corporation in accordance with section 1821 (m) of this title.
(2) Bridge depository institution 
The term bridge depository institution means a new national bank or Federal savings association organized by the Corporation in accordance with section 1821 (n) of this title.
(j) Receiver 
The term receiver includes a receiver, liquidating agent, conservator, commission, person, or other agency charged by law with the duty of winding up the affairs of a bank or savings association or of a branch of a foreign bank.
(k) Board of Directors 
The term Board of Directors means the Board of Directors of the Corporation.
(l) Deposit 
The term deposit means
(1) the unpaid balance of money or its equivalent received or held by a bank or savings association in the usual course of business and for which it has given or is obligated to give credit, either conditionally or unconditionally, to a commercial, checking, savings, time, or thrift account, or which is evidenced by its certificate of deposit, thrift certificate, investment certificate, certificate of indebtedness, or other similar name, or a check or draft drawn against a deposit account and certified by the bank or savings association, or a letter of credit or a travelers check on which the bank or savings association is primarily liable: Provided, That, without limiting the generality of the term money or its equivalent, any such account or instrument must be regarded as evidencing the receipt of the equivalent of money when credited or issued in exchange for checks or drafts or for a promissory note upon which the person obtaining any such credit or instrument is primarily or secondarily liable, or for a charge against a deposit account, or in settlement of checks, drafts, or other instruments forwarded to such bank or savings association for collection.
(2) trust funds as defined in this chapter received or held by such bank or savings association, whether held in the trust department or held or deposited in any other department of such bank or savings association.
(3) money received or held by a bank or savings association, or the credit given for money or its equivalent received or held by a bank or savings association, in the usual course of business for a special or specific purpose, regardless of the legal relationship thereby established, including without being limited to, escrow funds, funds held as security for an obligation due to the bank or savings association or others (including funds held as dealers reserves) or for securities loaned by the bank or savings association, funds deposited by a debtor to meet maturing obligations, funds deposited as advance payment on subscriptions to United States Government securities, funds held for distribution or purchase of securities, funds held to meet its acceptances or letters of credit, and withheld taxes: Provided, That there shall not be included funds which are received by the bank or savings association for immediate application to the reduction of an indebtedness to the receiving bank or savings association, or under condition that the receipt thereof immediately reduces or extinguishes such an indebtedness.
(4) outstanding draft (including advice or authorization to charge a banks or a savings associations balance in another bank or savings association), cashiers check, money order, or other officers check issued in the usual course of business for any purpose, including without being limited to those issued in payment for services, dividends, or purchases, and
(5) such other obligations of a bank or savings association as the Board of Directors, after consultation with the Comptroller of the Currency, Director of the Office of Thrift Supervision, and the Board of Governors of the Federal Reserve System, shall find and prescribe by regulation to be deposit liabilities by general usage, except that the following shall not be a deposit for any of the purposes of this chapter or be included as part of the total deposits or of an insured deposit:
(A) any obligation of a depository institution which is carried on the books and records of an office of such bank or savings association located outside of any State, unless
(i) such obligation would be a deposit if it were carried on the books and records of the depository institution, and would be payable at, an office located in any State; and
(ii) the contract evidencing the obligation provides by express terms, and not by implication, for payment at an office of the depository institution located in any State;
(B) any international banking facility deposit, including an international banking facility time deposit, as such term is from time to time defined by the Board of Governors of the Federal Reserve System in regulation D or any successor regulation issued by the Board of Governors of the Federal Reserve System; and
(C) any liability of an insured depository institution that arises under an annuity contract, the income of which is tax deferred under section 72 of title 26.
(m) Insured deposit 

(1) In general.— 
Subject to paragraph (2), the term insured deposit means the net amount due to any depositor for deposits in an insured depository institution as determined under sections 1817 (i) and 1821 (a) of this title.
(2) In the case of any deposit in a branch of a foreign bank, the term insured deposit means an insured deposit as defined in paragraph (1) of this subsection which
(A) is payable in the United States to
(i) an individual who is a citizen or resident of the United States,
(ii) a partnership, corporation, trust, or other legally cognizable entity created under the laws of the United States or any State and having its principal place of business within the United States or any State, or
(iii) an individual, partnership, corporation, trust, or other legally cognizable entity which is determined by the Board of Directors in accordance with its regulations to have such business or financial relationships in the United States as to make the insurance of such deposit consistent with the purposes of this chapter;

and

(B) meets any other criteria prescribed by the Board of Directors by regulation as necessary or appropriate in its judgment to carry out the purposes of this chapter or to facilitate the administration thereof.
(3) Uninsured deposits.— 
The term uninsured deposit means the amount of any deposit of any depositor at any insured depository institution in excess of the amount of the insured deposits of such depositor (if any) at such depository institution.
(4) Preferred deposits.— 
The term preferred deposits means deposits of any public unit (as defined in paragraph (1)) at any insured depository institution which are secured or collateralized as required under State law.
(n) Transferred deposit 
The term transferred deposit means a deposit in a new bank or other insured depository institution made available to a depositor by the Corporation as payment of the insured deposit of such depositor in a closed bank, and assumed by such new bank or other insured depository institution.
(o) Domestic branch 
The term domestic branch includes any branch bank, branch office, branch agency, additional office, or any branch place of business located in any State of the United States or in any Territory of the United States, Puerto Rico, Guam, American Samoa, the Trust Territory of the Pacific Islands, or the Virgin Islands at which deposits are received or checks paid or money lent. The term domestic branch does not include an automated teller machine or a remote service unit. The term foreign branch means any office or place of business located outside the United States, its territories, Puerto Rico, Guam, American Samoa, the Trust Territory of the Pacific Islands, or the Virgin Islands, at which banking operations are conducted.
(p) Trust funds 
The term trust funds means funds held by an insured depository institution in a fiduciary capacity and includes, without being limited to, funds held as trustee, executor, administrator, guardian, or agent.
(q) Appropriate Federal banking agency 
The term appropriate Federal banking agency means
(1) the Comptroller of the Currency, in the case of any national banking association or any Federal branch or agency of a foreign bank;
(2) the Board of Governors of the Federal Reserve System, in the case of
(A) any State member insured bank,
(B) any branch or agency of a foreign bank with respect to any provision of the Federal Reserve Act [12 U.S.C. 221 et seq.] which is made applicable under the International Banking Act of 1978 [12 U.S.C. 3101 et seq.],
(C) any foreign bank which does not operate an insured branch,
(D) any agency or commercial lending company other than a Federal agency,
(E) supervisory or regulatory proceedings arising from the authority given to the Board of Governors under section 7(c)(1) of the International Banking Act of 1978 [12 U.S.C. 3105 (c)(1)], including such proceedings under the Financial Institutions Supervisory Act of 1966, and
(F) any bank holding company and any subsidiary of a bank holding company (other than a bank);
(3) the Federal Deposit Insurance Corporation in the case of a State nonmember insured bank or a foreign bank having an insured branch; and
(4) the Director of the Office of Thrift Supervision in the case of any savings association or any savings and loan holding company.

Under the rule set forth in this subsection, more than one agency may be an appropriate Federal banking agency with respect to any given institution.

(r) State bank supervisor 

(1) In general 
The term State bank supervisor means any officer, agency, or other entity of any State which has primary regulatory authority over State banks or State savings associations in such State.
(2) Interstate application 
The State bank supervisors of more than 1 State may be the appropriate State bank supervisor for any insured depository institution.
(s) Definitions relating to foreign banks and branches 

(1) Foreign bank 
The term foreign bank has the meaning given to such term by section 1(b)(7) of the International Banking Act of 1978 [12 U.S.C. 3101 (b)(7)].
(2) Federal branch 
The term Federal branch has the meaning given to such term by section 1(b)(6) of the International Banking Act of 1978 [12 U.S.C. 3101 (b)(6)].
(3) Insured branch 
The term insured branch means any branch (as defined in section 1(b)(3) of the International Banking Act of 1978 [12 U.S.C. 3101 (b)(3)]) of a foreign bank any deposits in which are insured pursuant to this chapter.
(t) Includes, including 

(1) In general 
The terms includes and including shall not be construed more restrictively than the ordinary usage of such terms so as to exclude any other thing not referred to or described.
(2) Rule of construction 
Paragraph (1) shall not be construed as creating any inference that the term includes or including in any other provision of Federal law may be deemed to exclude any other thing not referred to or described.
(u) Institution-affiliated party 
The term institution-affiliated party means
(1) any director, officer, employee, or controlling stockholder (other than a bank holding company) of, or agent for, an insured depository institution;
(2) any other person who has filed or is required to file a change-in-control notice with the appropriate Federal banking agency under section 1817 (j) of this title;
(3) any shareholder (other than a bank holding company), consultant, joint venture partner, and any other person as determined by the appropriate Federal banking agency (by regulation or case-by-case) who participates in the conduct of the affairs of an insured depository institution; and
(4) any independent contractor (including any attorney, appraiser, or accountant) who knowingly or recklessly participates in
(A) any violation of any law or regulation;
(B) any breach of fiduciary duty; or
(C) any unsafe or unsound practice,

which caused or is likely to cause more than a minimal financial loss to, or a significant adverse effect on, the insured depository institution.

(v) Violation 
The term violation includes any action (alone or with another or others) for or toward causing, bringing about, participating in, counseling, or aiding or abetting a violation.
(w) Definitions relating to affiliates of depository institutions 

(1) Depository institution holding company 
The term depository institution holding company means a bank holding company or a savings and loan holding company.
(2) Bank holding company 
The term bank holding company has the meaning given to such term in section 1841 of this title.
(3) Savings and loan holding company 
The term savings and loan holding company has the meaning given to such term in section 1467a of this title.
(4) Subsidiary 
The term subsidiary
(A) means any company which is owned or controlled directly or indirectly by another company; and
(B) includes any service corporation owned in whole or in part by an insured depository institution or any subsidiary of such a service corporation.
(5) Control 
The term control has the meaning given to such term in section 1841 of this title.
(6) Affiliate 
The term affiliate has the meaning given to such term in section 1841 (k) of this title.
(7) Company 
The term company has the same meaning as in section 1841 (b) of this title.
(x) Definitions relating to default 

(1) Default 
The term default means, with respect to an insured depository institution, any adjudication or other official determination by any court of competent jurisdiction, the appropriate Federal banking agency, or other public authority pursuant to which a conservator, receiver, or other legal custodian is appointed for an insured depository institution or, in the case of a foreign bank having an insured branch, for such branch.
(2) In danger of default 
The term in danger of default means an insured depository institution with respect to which (or in the case of a foreign bank having an insured branch, with respect to such insured branch) the appropriate Federal banking agency or State chartering authority has advised the Corporation (or, if the appropriate Federal banking agency is the Corporation, the Corporation has determined) that
(A) in the opinion of such agency or authority
(i) the depository institution or insured branch is not likely to be able to meet the demands of the institutions or branchs depositors or pay the institutions or branchs obligations in the normal course of business; and
(ii) there is no reasonable prospect that the depository institution or insured branch will be able to meet such demands or pay such obligations without Federal assistance; or
(B) in the opinion of such agency or authority
(i) the depository institution or insured branch has incurred or is likely to incur losses that will deplete all or substantially all of its capital; and
(ii) there is no reasonable prospect that the capital of the depository institution or insured branch will be replenished without Federal assistance.
(y) Definitions relating to Deposit Insurance Fund 

(1) Deposit Insurance Fund 
The term Deposit Insurance Fund means the Deposit Insurance Fund established under section 1821 (a)(4) of this title.
(2) Designated reserve ratio 
The term designated reserve ratio means the reserve ratio designated by the Board of Directors in accordance with section 1817 (b)(3) of this title.
(3) Reserve ratio 
The term reserve ratio, when used with regard to the Deposit Insurance Fund other than in connection with a reference to the designated reserve ratio, means the ratio of the net worth of the Deposit Insurance Fund to the value of the aggregate estimated insured deposits.
(z) Federal banking agency 
The term Federal banking agency means the Comptroller of the Currency, the Director of the Office of Thrift Supervision, the Board of Governors of the Federal Reserve System, or the Federal Deposit Insurance Corporation.