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Title 12 — Banks and Banking

Chapter 16 — Federal Deposit Insurance Corporation

§ 1832. Withdrawals by negotiable or transferable instruments for transfers to third parties

Statutory text

(a)

Authority of depository institution; applicability

(1)

Notwithstanding any other provision of law but subject to paragraph (2), a depository institution is authorized to permit the owner of a deposit or account on which interest or dividends are paid to make withdrawals by negotiable or transferable instruments for the purpose of making transfers to third parties.

(2)

Paragraph (1) shall apply only with respect to deposits or accounts which consist solely of funds in which the entire beneficial interest is held by one or more individuals or by an organization which is operated primarily for religious, philanthropic, charitable, educational, political, or other similar purposes and which is not operated for profit, and with respect to deposits of public funds by an officer, employee, or agent of the United States, any State, county, municipality, or political subdivision thereof, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, any territory or possession of the United States, or any political subdivision thereof.

(b)

“Depository institution” defined

For purposes of this section, the term “depository institution” means—

(1)

any insured bank as defined in section 1813 of this title;

(2)

any State bank as defined in section 1813 of this title;

(3)

any mutual savings bank as defined in section 1813 of this title;

(4)

any savings bank as defined in section 1813 of this title;

(5)

any insured institution as defined in section 1724 1 of this title; and

(6)

any building and loan association or savings and loan association organized and operated according to the laws of the State in which it is chartered or organized; and, for purposes of this paragraph, 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, or the Virgin Islands.

(c)

Fine

Any depository institution which violates this section shall be fined $1,000 for each violation.

Footnotes

  1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 93–100 § 2 · 87 Stat. 342

    Enacted · 12 U.S.C. § 1832

    Pub. L. 93–100, § 2, Aug. 16, 1973, 87 Stat. 342

    Source evidence

    Code source credit
    Pub. L. 93–100, § 2, Aug. 16, 1973, 87 Stat. 342

    Enacted provision · exact public law section
    Sec. 2. PROHIBITION ON CERTAIN ACTIVITIES BY DEPOSITORY INSTITUTIONS (a) No depository institution shall allow the owner of a deposit or account on which interest or dividends are paid to make withdrawals by negotiable or transferable instruments for the purpose of making transfers to third parties, except that such withdrawals may be made in the States of Massachusetts and New Hampshire. (b) For purposes of this section, the term “depository institution” means— (1) any insured bank as defined in section 3 of the Federal 64 Stat. 873; 80 Stat. 1046. 12 USC 1813. Deposit Insurance Act; (2) any State bank as defined in section 3 of the Federal Deposit Insurance Act; (3) any mutual savings bank as defined in section 3 of the Federal Deposit Insurance Act; (4) any savings bank as defined in section 3 of the Federal Deposit Insurance Act; (5) any insured institution as defined in section 401 of the 48 Stat. 1255; 83 Stat. 375. 12 USC 1724. National Housing Act; and (6) any building and loan association or savings and loan association organized and operated according to the laws of the “State”. State in which it is chartered or organized; and, for purposes of this paragraph, 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, or the Virgin Islands. (c) Any depository institution which violates this section shall be fined $1,000 for each violation.

  2. Pub. L. 94–222 § 2 · 90 Stat. 197

    Changed · 12 U.S.C. § 1832(a)

    Pub. L. 94–222 authorized withdrawals by negotiable or transferable instruments in the States of Connecticut, Rhode Island, Maine, and Vermont

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 94–222 authorized withdrawals by negotiable or transferable instruments in the States of Connecticut, Rhode Island, Maine, and Vermont.

    Enacted provision · exact public law section
    Sec. 2. Section 2(a) of Public Law 93–100 (12 U.S.C. 1832(a)) is amended by inserting after “Massachusetts” a comma and the following: “Connecticut, Rhode Island, Maine, Vermont,”.

  3. Financial Institutions Regulatory and Interest Rate Control Act of 1978

    Pub. L. 95–630 title XIII § 1301 · 92 Stat. 3641

    Inserted · 12 U.S.C. § 1832(a)

    Pub. L. 95–630 inserted “New York,” after “Vermont,”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 95–630 inserted “New York,” after “Vermont,”.

    Enacted provision · exact public law section
    Sec. 1301. Section 2(a) of Public Law 93–100 (12 U.S.C. 1832(a)) is amended by inserting “New York,” after “Vermont,”.

  4. Pub. L. 96–161 title I § 106 · 93 Stat. 1233

    Inserted · 12 U.S.C. § 1832(a)

    Pub. L. 96–161 inserted “New Jersey,” after “New York,”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 96–161 inserted “New Jersey,” after “New York,”.

    Enacted provision · exact public law section
    Sec. 106. Section 2(a) of Public Law 93–100 (12 U.S.C. 1832(a)) is amended by inserting “New Jersey,” after “New York,”.

  5. Depository Institutions Deregulation and Monetary Control Act of 1980

    Pub. L. 96–221 title III § 303 · 94 Stat. 131

    1. Inserted · 12 U.S.C. § 1832(a)

      Pub. L. 96–221 designated existing provisions as par. (1) inserted provisions expanding authorization for withdrawals from selected States to the entire United States

    2. Added · 12 U.S.C. § 1832(a)

      Pub. L. 96–221 added par. (2)

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 96–221 designated existing provisions as par. (1) inserted provisions expanding authorization for withdrawals from selected States to the entire United States, and added par. (2).

    Enacted provision · exact public law section
    Sec. 303. now accounts Section 2(a) of Public Law 93–100 (12 U.S.C. 1832(a)) is amended to read as follows: “(a) (1) Notwithstanding any other provision of law but subject to paragraph (2), a depository institution is authorized to permit the owner of a deposit or account on which interest or dividends are paid to make withdrawals by negotiable or transferable instruments for the purpose of making transfers to third parties. “(2) Paragraph (1) shall apply only with respect to deposits or accounts which consist solely of funds in which the entire beneficial interest is held by one or more individuals or by an organization which is operated primarily for religious, philanthropic, charitable, educational, or other similar purposes and which is not operated for profit.”.

    Effective date note
    Amendment by Pub. L. 96–221 effective Dec. 31, 1980, see section 306 of Pub. L. 96–221, set out as a note under section 1464 of this title.

  6. Garn-St Germain Depository Institutions Act of 1982

    Pub. L. 97–320 title VII § 706(a) · 96 Stat. 1469

    Inserted · 12 U.S.C. § 1832(a)(2)

    Pub. L. 97–320 inserted provisions relating to deposits of public funds

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 97–320 inserted provisions relating to deposits of public funds.

    Enacted provision · exact public law section
    (a) Section 2(a)(2) of Public Law 93–100 (12 U.S.C. 1832(a)(2)) is amended by inserting before the period at the end thereof the following: “, and with respect to deposits of public funds by an officer, employee, or agent of the United States, any State, county, municipality, or political subdivision thereof, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, any territory or possession of the United States, or any political subdivision thereof”.

  7. Competitive Equality Amendments of 1987

    Pub. L. 100–86 title I § 109 · 101 Stat. 552

    Inserted · 12 U.S.C. § 1832(a)(2)

    Pub. L. 100–86 inserted “political,” after “educational,”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 100–86 inserted “political,” after “educational,”.

    Enacted provision · exact public law section
    SEC. 109. NOW ACCOUNTS. Section 2(a)(2) of Public Law 93–100 (12 U.S.C. 1832(a)(2)) is amended by inserting the term “political,” immediately after “educational,”.

8 of 8 references resolved to an enrolled provision

Editorial Notes

References in Text

Section 1724 of this title, referred to in subsec. (b)(5), was repealed by Pub. L. 101–73, title IV, § 407, , 103 Stat. 363.

Codification

Section was not enacted as part of the Federal Deposit Insurance Act which comprises this chapter.

Amendments1976–1987 · 6 rounds

1987

Subsec. (a)(2). Pub. L. 100–86 inserted “political,” after “educational,”.

1982

Subsec. (a)(2). Pub. L. 97–320 inserted provisions relating to deposits of public funds.

1980

Subsec. (a). Pub. L. 96–221 designated existing provisions as par. (1) inserted provisions expanding authorization for withdrawals from selected States to the entire United States, and added par. (2).

1979

Subsec. (a). Pub. L. 96–161 inserted “New Jersey,” after “New York,”.

1978

Subsec. (a). Pub. L. 95–630 inserted “New York,” after “Vermont,”.

1976

Subsec. (a). Pub. L. 94–222 authorized withdrawals by negotiable or transferable instruments in the States of Connecticut, Rhode Island, Maine, and Vermont.

Statutory Notes and Related Subsidiaries

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–221 effective , see section 306 of Pub. L. 96–221, set out as a note under section 1464 of this title.

Effective Date of 1978 Amendment

Pub. L. 95–630, title XIII, § 1302, , 92 Stat. 3712, provided that: “This title [amending this section] shall take effect upon enactment [].”

Effective Date

Section effective on thirtieth day after , see section 8 of Pub. L. 93–100, set out as a note under section 1469 of this title.

Credits

1973–1987 · 7 acts
  1. 1973Pub. L. 93–100, § 2, , 87 Stat. 342
  2. 1976Pub. L. 94–222, § 2, , 90 Stat. 197
  3. 1978Pub. L. 95–630, title XIII, § 1301, , 92 Stat. 3712
  4. 1979Pub. L. 96–161, title I, § 106, , 93 Stat. 1235
  5. 1980Pub. L. 96–221, title III, § 303, , 94 Stat. 146
  6. 1982Pub. L. 97–320, title VII, § 706(a), , 96 Stat. 1540
  7. 1987Pub. L. 100–86, title I, § 109, , 101 Stat. 579.
Show as published

(Pub. L. 93–100, § 2, , 87 Stat. 342; Pub. L. 94–222, § 2, , 90 Stat. 197; Pub. L. 95–630, title XIII, § 1301, , 92 Stat. 3712; Pub. L. 96–161, title I, § 106, , 93 Stat. 1235; Pub. L. 96–221, title III, § 303, , 94 Stat. 146; Pub. L. 97–320, title VII, § 706(a), , 96 Stat. 1540; Pub. L. 100–86, title I, § 109, , 101 Stat. 579.)

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