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Title 12 — Banks and Banking

Chapter 44 — Truth in Savings

§ 4308. Regulations

Statutory text

(a)

In general

(1)

Regulations required

Before the end of the 9-month period beginning on , the Bureau, after consultation with each agency referred to in section 4309(a) of this title and public notice and opportunity for comment, shall prescribe regulations to carry out the purpose and provisions of this chapter.

(2)

Effective date of regulations

The regulations prescribed under paragraph (1) shall take effect not later than 9 months after publication in final form.

(3)

Contents of regulations

The regulations prescribed under paragraph (1) may contain such classifications, differentiations, or other provisions, and may provide for such adjustments and exceptions for any class of accounts as, in the judgment of the Bureau, are necessary or proper to carry out the purposes of this chapter, to prevent circumvention or evasion of the requirements of this chapter, or to facilitate compliance with the requirements of this chapter.

(4)

Date of applicability

The provisions of this chapter shall not apply with respect to any depository institution before the effective date of regulations prescribed by the Bureau under this subsection (or by the National Credit Union Administration Bureau 1 under section 4311(b) 2 of this title, in the case of any depository institution described in clause (iv) of section 461(b)(1)(A) of this title).

(b)

Model forms and clauses

(1)

In general

The Bureau shall publish model forms and clauses for common disclosures to facilitate compliance with this chapter. In devising such forms, the Bureau shall consider the use by depository institutions of data processing or similar automated machines.

(2)

Use of forms and clauses deemed in compliance

Nothing in this chapter may be construed to require a depository institution to use any such model form or clause prescribed by the Bureau under this subsection. A depository institution shall be deemed to be in compliance with the disclosure provisions of this chapter if the depository institution—

(A)

uses any appropriate model form or clause as published by the Bureau; or

(B)

uses any such model form or clause and changes it by—

(i)

deleting any information which is not required by this chapter; or

(ii)

rearranging the format,

if in making such deletion or rearranging the format, the depository institution does not affect the substance, clarity, or meaningful sequence of the disclosure.

(3)

Public notice and opportunity for comment

Model disclosure forms and clauses shall be adopted by the Bureau after duly given notice in the Federal Register and an opportunity for public comment in accordance with section 553 of title 5.

Footnotes

  1. 1 So in original. Probably should be “Board”.
  2. 2 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. Truth in Savings Act

    Pub. L. 102–242 title II § 269 · 105 Stat. 2236

    Enacted · 12 U.S.C. § 4308

    Pub. L. 102–242, title II, § 269, Dec. 19, 1991, 105 Stat. 2338

    Source evidence

    Code source credit
    Pub. L. 102–242, title II, § 269, Dec. 19, 1991, 105 Stat. 2338

    Enacted provision · exact public law section
    SEC. 269. REGULATIONS. (a) In General.— (1) Regulations required.— Before the end of the 9-month period beginning on the date of the enactment of this Act, the Board, after consultation with each agency referred to in section 270(a) and public notice and opportunity for comment, shall prescribe regulations to carry out the purpose and provisions of this Act. (2) Effective date of regulations.— The regulations prescribed under paragraph (1) shall take effect not later than 6 months after publication in final form. (3) Contents of regulations.— The regulations prescribed under paragraph (1) may contain such classifications, differentiations, or other provisions, and may provide for such adjustments and exceptions for any class of accounts as, in the judgment of the Board, are necessary or proper to carry out the purposes of this Act, to prevent circumvention or evasion of the requirements of this Act, or to facilitate compliance with the requirements of this Act. (4) Date of applicability.— The provisions of this Act shall not apply with respect to any depository institution before the effective date of regulations prescribed by the Board under this subsection (or by the National Credit Union Administration Board under section 12(b), in the case of any depository institution described in clause (iv) of section 19(b)(1)(A) of the Federal Reserve Act). (b) Model Forms and Clauses.— (1) In general.— The Board shall publish model forms and clauses for common disclosures to facilitate compliance with this Act. In devising such forms, the Board shall consider the use by depository institutions of data processing or similar automated machines. (2) Use of forms and clauses deemed in compliance.— Nothing in this Act may be construed to require a depository institution to use any such model form or clause prescribed by the Board under this subsection. A depository institution shall be deemed to be in compliance with the disclosure provisions of this Act if the depository institution— (A) uses any appropriate model form or clause as published by the Board; or (B) uses any such model form or clause and changes it by— (i) deleting any information which is not required by this Act; or (ii) rearranging the format, if in making such deletion or rearranging the format, the depository institution does not affect the substance, clarity, or meaningful sequence of the disclosure. (3) Public notice and opportunity for comment.— Model Federal Register, publication. disclosure forms and clauses shall be adopted by the Board after duly given notice in the Federal Register and an opportunity for public comment in accordance with section 553 of title 5, United States Code.

  2. Housing and Community Development Act of 1992

    Pub. L. 102–550 § 1604(e)(2)(D) · 106 Stat. 3672

    Changed · 12 U.S.C. § 4308

    Pub. L. 102–550, § 1604(e)(2)(D)–(H), made technical amendment to references to “this chapter” wherever appearing to reflect correction of corresponding provision of original act

    Source evidence

    Code amendment note
    Pub. L. 102–550, § 1604(e)(2)(D)–(H), made technical amendment to references to “this chapter” wherever appearing to reflect correction of corresponding provision of original act.

    Enacted provision · exact public law section
    (D) each place such term appears in section 269(a)(1);

  3. Housing and Community Development Act of 1992

    Pub. L. 102–550 § 957(b) · 106 Stat. 3672

    Substituted · 12 U.S.C. § 4308(a)(2)

    Pub. L. 102–550, § 957(b), substituted “9 months” for “6 months”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 102–550, § 957(b), substituted “9 months” for “6 months”.

    Enacted provision · exact public law section
    (b) Effective Date of Regulations.— Section 269(a)(2) of the Truth in Savings Act (12 U.S.C. 4308(a)(2)) is amended by striking “6 months” and inserting “9 months”.

  4. Consumer Financial Protection Act of 2010

    Pub. L. 111–203 title X § 1100B(1) · 124 Stat. 1376

    Substituted · 12 U.S.C. § 4308

    Pub. L. 111–203 substituted “Bureau” for “Board” wherever appearing

    Source evidence

    Code amendment note
    Pub. L. 111–203 substituted “Bureau” for “Board” wherever appearing.

    Enacted provision · exact public law section
    (1) by 12 USC 4302 et seq. striking “Board” each place that term appears, other than in section 272(b) (12 U.S.C. 4311), and inserting “Bureau”;

    Effective date note
    Amendment by Pub. L. 111–203 effective on the designated transfer date, see section 1100H of Pub. L. 111–203, set out as a note under section 552a of Title 5, Government Organization and Employees.

4 of 4 references resolved to an enrolled provision

Editorial Notes

References in Text

Section 4311(b) of this title, referred to in subsec. (a)(4), was in the original “section 12(b)”, probably meaning section 12(b) of Pub. L. 102–242, and was translated as meaning section 272(b) of Pub. L. 102–242, to reflect the probable intent of Congress. There is no section 12 of Pub. L. 102–242, and section 272(b) of Pub. L. 102–242 relates to regulations prescribed by the National Credit Union Administration Board.

Amendments1992–2010 · 2 rounds

2010

Pub. L. 111–203 substituted “Bureau” for “Board” wherever appearing.

1992

Pub. L. 102–550, § 1604(e)(2)(D)–(H), made technical amendment to references to “this chapter” wherever appearing to reflect correction of corresponding provision of original act.

Subsec. (a)(2). Pub. L. 102–550, § 957(b), substituted “9 months” for “6 months”.

Statutory Notes and Related Subsidiaries

Effective Date of 2010 Amendment

Amendment by Pub. L. 111–203 effective on the designated transfer date, see section 1100H of Pub. L. 111–203, set out as a note under section 552a of Title 5, Government Organization and Employees.

Effective Date of 1992 Amendment

Amendment by section 1604 of Pub. L. 102–550 effective as if included in the Federal Deposit Insurance Corporation Improvement Act of 1991, Pub. L. 102–242, as of , see section 1609(a) of Pub. L. 102–550, set out as a note under section 191 of this title.

Credits

1991–2010 · 3 acts
  1. 1991Pub. L. 102–242, title II, § 269, , 105 Stat. 2338
  2. 1992Pub. L. 102–550, title IX, § 957(b), title XVI, § 1604(e)(2)(D)–(H), , 106 Stat. 3897, 4084
  3. 2010Pub. L. 111–203, title X, § 1100B(1), , 124 Stat. 2109.
Show as published

(Pub. L. 102–242, title II, § 269, , 105 Stat. 2338; Pub. L. 102–550, title IX, § 957(b), title XVI, § 1604(e)(2)(D)–(H), , 106 Stat. 3897, 4084; Pub. L. 111–203, title X, § 1100B(1), , 124 Stat. 2109.)

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