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Banking Law Research Guide

Introduction

Banking Law is in a state of flux, resulting from the failure of several banks in 2008, so this guide was created for students conducting introductory research in the area of banking law. This resource, while not comprehensive, provides a listing of the more important, current and relevant materials available in this subject area.

For further assistance, call the Library's Reference Desk at 202-662-9140, or send e-mail to libref@law.georgetown.edu.

Key Resources

Bank and Corporate Governance Law Reporter (1992 - ) KF1477.A15 M37
This multi-volume looseleaf provides detailed information to both corporate counsel and litigators on suits by shareholders and regulators against banks, corporations, corporate officials and their legal and accounting professionals.

Banking & Financial Institutions Law in a Nutshell, (7thed. 2009) KF975 .L68
This is a basic introduction to banking law which covers recent developments in banking and financial institutions including increased competition, deregulation, bank and thrift failures, large-scale bailout, and restructuring efforts.

CCH Business and Finance Internet Research NetWork Electronic resource
Online version of the CCH business publications such as the Federal Banking Law Reporter, Federal Securities Law Reporter, the Trade Regulations Reporter and many other looseleaf services, treatises, guides and newsletters on Banking, Securities, Government Contracts and other business-related legal materials. Review the latest CCH news reports online. Search full-text or retrieve documents by citation.

Dodd-Frank Wall Street Reform and Consumer Protection Act: Law, Explanation and Analysis (2010) KF974 . D63
Electronic version
This is a CCH treatise on the recent legislation impacting the way banks and securties firms do business. Analysis covers financial stability oversight, orderly liquidation authority, private fund advisors, bank and thrift regulatory improvements, consumer financial protection and more.

image: book cover - Federal Banking Law ReporterFederal Banking Law Reporter (1973-2008, print now cancelled) KF971.5 .C6
Electronic resource
This looseleaf provides comprehensive guidance on the federal regulation of banks and thrifts. It includes laws, regulations and cases, as well as agency letters and opinions, legislative documents and agency handbooks and manuals. An extensive index is searchable in the online edition.

 

International Banking Law and Regulation (2000-2008, now cancelled) K1066 .I568
This looseleaf includes commentary from internationally recognized practitioners in 57 jurisdictions and serves as a comprehensive resource on international banking law and regulation. Local experts explore the banking system of each country. This set is no longer updated.

Pratt's Financial Services Law Library Electronic Resource
This leading publisher in the financial services industry, compiles their analytical treatises with case law and federal & state statutes and regulations on four major topics of banking law: consumer lending, commercial lending, account/payment systems and the Bank Secrecy Act/Anti-Money Laundering (BSA/ALM) update. Also, Pratt's monthly newsletters, Banking Law and Regulatory Report, Consumer Credit and Truth-in-Lending Compliance Report, Pratt's Mortgage Compliance Letter and Fair Lending Bulletin are fully searchable. Documents from a number of federal agencies, including the FDIC, FFEIC, FRB, OCC and OTS are also included in this electronic resource..

Primary Sources

Banks and financial institutions are regulated by both federal and state statutory law. This guide focuses on federal statutes.

Legislation

Title 12 of the U.S. Code consists of 49 chapters governing banks, credit unions, and other financial institutions in the United States. In October 2008, Congress passed the Emergency Economic Stabilization Act of 2008. Information on its implementation can be located on a Treasury Department's web site. A Congressional Research Service report provides preliminary analysis of the oversight provisions of the EESA.

The Dodd-Frank Wall Street Reform and Consumer Protection Act was passed in July 2010. A complete legislative history of the act has been prepared by the Law Librarian's Society of DC. There is also a compiled legislative history available in the Taxation & Economic Reform in America Parts I & II, 1781-2010 library on HeinOnline. Other resources on Dodd-Frank are outlined here.

Regulations

Title 12 of the CFR contains the regulations governing banks and banking. There are numerous regulatory agencies, including the FDIC, Federal Reserve, National Credit Union Administration, Office of the Comptroller of the Currency and the Office of Thrift Supervision, which oversee the banking industry. The website of each agency includes links to their regulations. For example, Sections 200-232 of Title 12 govern the Federal Reserve and are often referred to by a letter, such as Regulation B. The Federal Reserve has a listing of each of these regulations with links to recent amendments and a compliance guide where available.

Treatises and In-Depth Resources

Banking Law (2001-2008, print now cancelled) KF974 .B37
Also on Lexis
This is a looseleaf treatise on banking law. Coverage includes: national banks; bank taxation; bank holding companies, banks and securities laws; checks, drafts and notes; consumer credit; and international banking. It is only updated online.

Credit Markets and Subprime Distress - Responding to Legal Issues (2008-) KF1050 .C74
This looseleaf was released in response to the unprecedented crisis in the capital markets in 2008. Chapters discuss consumer class actions, private litigation, government enforcement response, mergers and acquisitions of subprime mortgage businesses, and bankruptcy implications of the subprime mortgage crisis.

Financial Product Fundamentals: Law, Business, Compliance (1999 -2007) KF1068.4 .F56
Available on Westlaw
Since this treatise is a basic introduction to the variety of financial instruments available, it discusses the spectrum of financial instruments that raise capital, manage risk, and provide a medium for investments, including mutual funds, closed-end investment companies, unit investment trusts, money market funds, college savings programs, hedge funds, international investment funds, commodity pools, and real estate investment funds. Sample forms are included. Updated with new looseleaf pages.

Law of Bank Deposits, Collections and Credit Cards(1999-) KF974 .C56
Clark's work is referred to as the preeminent treatise on this specialized law of collections, credit cards, bank deposits and letters of credit. It cites extensively to relevant UCC sections, cases and statutes.

Michie on Banks and Banking (1999-2004) KF974.A7 M53
Original 1913 edition
With 13 volumes, this set provides encyclopedic coverage of case law focusing on the organization, functions, rights, duties, powers and liabilities of banks and other financial institutions.

The National Mortgage Servicer's Reference Directory HG2040.5.U5 A1453
This guide provides state by state summaries of banking, loan servicing, foreclosure and mortgage law.

Principles of Bank Regulation (2003) KF974 .M35
The graphical figures throughout this concise treatise offer a unique view of the regulatory world of banking. The interplay between regulatory agencies and contemporary developments in the regulatory law are emphasized.

For additional treatises, you can browse the stacks around KF974 or search Gulliver using the following subject headings:

  • Banking Law - United States
  • Financial Institutions - United States
  • Negotiable Instruments - United States
  • Checks - United States

Current Awareness

Banking Report (BNA) KF967 .W37
Available electronically
This weekly newsletter provides news and analysis of banking legislation, regulatory policy, litigation, and investment at state and federal levels.

Daily Report for Executives (BNA) KF6289.A1 D3 Electronic
This daily newsletter brings you comprehensive, objective coverage of economics, taxes, trade, banking, securities, pensions, and other regulatory issues.

Check out Lexis at Legal> Area of Law - By Topic> Banking & Financial Services > Emerging Issues

Proquest Banking Information Source
This database collection includes essential banking industry publications providing information about the financial service industry, banking and industry trends. Covers over 400 publications, with 160 current full-text trade magazines, newspapers, and some scholarly publications. Coverage: 1971 - present.


Government Resources

SEC Implementation of the Dodd-Frank Wall Street Reform and Consumer Protection Act
Rulemaking of the SEC on derivatives, clearing and settlement, asset-backed securities, hedge fund advisers and all other aspects of the financial systems impacted by the 2010 legislation.

Department of the Treasury
Cabinet office whose mission is to maintain a strong economy and promote economic growth throughout the nation, as well as maintain the U.S. Government's finances and resources.

Board of Governors of the Federal Reserve System
The Federal Reserve is the central bank of the United States and extensive banking and economic data, statistics and surveys are accessible through this site..

Federal Deposit Insurance Corporation (FDIC)
The Federal Deposit Insurance Corporation (FDIC) preserves and promotes public confidence in the U.S. financial system by insuring deposits in banks and thrift institutions for at least $250,000 (through 12/09); by identifying, monitoring and addressing risks to the deposit insurance funds; and by limiting the effect on the economy and the financial system when a bank or thrift institution fails.

FinancialStability.gov
TARP transaction reports, testimony and speeches by Treasury Secretary, Timothy Geithner, and the local impact of the President's Plan for financial stability are highlighted on this web site.

House Committee on Financial Services
Oversees the financial services industry, including the securities, insurance, banking, housing, the Federal Reserve, the Treasury, the SEC, and other financial services regulators. Web site provides access to the full text and status of bills from the current congress as well as committee reports, committee prints, and hearings.

Office of the Comptroller of the Currency
The Office of the Comptroller of the Currency (OCC) charters, regulates, and supervises national banks to ensure a safe, sound, and competitive banking system that supports the citizens, communities, and economy of the United States.

Senate Committee on Banking, Housing and Urban Affairs
This Committee has jurisdiction over the operations of the nations financial institutions, housing and mass transit programs. Website provides access to various committee documents including bills, committee prints, reports, letters, and news and press releases.

Associations and Organizations

American Bankers' Association
This is the most influential banking association representing institutions, community, regional and money center banks and holding companies, savings associations, trust companies and savings banks.

BankersOnline.com
This resource provides a full listing and links to both national and state banking associations and organizations. Key legislation and regulations are followed online also.

World Bank
The mission of the World Bank is to fight poverty and improve the living standards of people in the developing world. It is a development Bank which provides loans, policy advice, technical assistance and knowledge sharing services to low and middle income countries to reduce poverty.

  • Data and Statistics - Provides access to World Development Indicators (WDI), the annual compilation of data about development.
  • Economic Research - Provides access to Policy Research Working Papers and World Development Reports.

Statistical Resources

FDIC Bank Data & Statistics - Links to summary of deposits, statistics on depository institutions, securities exchange act filings and more.

FDIC Quarterly - This publication features quarterly banking profiles with aggregate data for all FDIC-insured institutions on loan performance, quarterly income and annual income.

FDIC Institution Directory - Searchable directory of demographic or financial information for all FDIC-Insured thrifts and banks.

Federal Reserve Data Download Program - Principal Economic Indicators, Flow of Funds Reports, Bank Assets & Liabilities, Interest Rate Data and more is available for download from the Board of Governors of the Federal Reserve.

Federal Reserve Statistics and Historical Data - Charts, graphs and other statistics from the Board of Governors of the Federal Reserve, including, but not limited to Exchange Rates & International Data, Household Finance, and Bank Assets & Liabilities.

Other Resources

2008 Financial Crisis (Fordham Law School)
Links to the documents rising out of the 2008 financial crisis, including Congressional testimony, TARP documents, the Auto Industry bailout, and much more.

2008 Financial Crisis Primer (Chicago-Kent College of Law)
Resources for learning about the current financial crisis focus on people and institutions, the crisis, the bailout, regulation, financial instruments and background books.

Bailout Watch (Center for Economic & Policy Research, Economic Policy Institute, et. al.)
Current awareness service providing links to hearings, reports, news articles and a calendar of events impacting the government's bailout of financial firms in the United States.

Banking: An Overview (Cornell Legal Information Institute)
This educational website provides an overview of banking law including links to related federal and state statutes, state judicial decisions, conventions and treaties, and key internet sources.

A Brief Postwar History of U.S. Consumer Finance - This Harvard Business School working paper provides an historical perspective on banking legislation impacting the consumer. Table 4 provides an extensive selection of key legal events.

Congressional Research Service(CRS Reports)

Doing Business Law Library
The World Bank has links to the banking laws of countries around the world.

General Accountability Office(GAO) Reports
Topical collection on TARP and Problems in Financial Markets.

Hieros Gamos - Banking
Provides links to domestic and international resources dealing with the laws and regulations of banking.

Show Me the TARP Money
This website keeps a running tally of the banks who have received bailout money from TARP, as well as links to the press releases of each bank.

Updated 04/28/11(MK)

Page last saved 23-Sep-2011