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Title 12 — Banks and Banking

Chapter 44 — Truth in Savings

§ 4313. Definitions

Statutory text

For the purposes of this chapter—

(1)

Account

The term “account” means any account intended for use by and generally used by consumers primarily for personal, family, or household purposes that is offered by a depository institution into which a consumer deposits funds, including demand accounts, time accounts, negotiable order of withdrawal accounts, and share draft accounts.

(2)

Annual percentage yield

The term “annual percentage yield” means the total amount of interest that would be received on a $100 deposit, based on the annual rate of simple interest and the frequency of compounding for a 365-day period, expressed as a percentage calculated by a method which shall be prescribed by the Bureau in regulations.

(3)

Annual rate of simple interest

The term “annual rate of simple interest”—

(A)

means the annualized rate of interest paid with respect to each compounding period, expressed as a percentage; and

(B)

may be referred to as the “annual percentage rate”.

(4)

Bureau

The term “Bureau” means the Bureau of Consumer Financial Protection.

(5)

Deposit broker

The term “deposit broker”—

(A)

has the meaning given to such term in section 1831f(f)(1) 1 of this title; and

(B)

includes any person who solicits any amount from any other person for deposit in an insured depository institution.

(6)

Depository institution

The term “depository institution” has the meaning given such term in clauses (i) through (vi) of section 461(b)(1)(A) of this title, but does not include any nonautomated credit union that was not required to comply with the requirements of this chapter 1 as of , pursuant to the determination of the National Credit Union Administration Bureau.2

(7)

Interest

The term “interest” includes dividends paid with respect to share draft accounts which are accounts within the meaning of paragraph (3).

(8)

Multiple rate account

The term “multiple rate account” means any account that has 2 or more annual rates of simple interest which take effect at the same time or in succeeding periods and which are known at the time of disclosure.

Footnotes

  1. 1 See References in Text note below.
  2. 2 So in original. Probably should be “Board.”

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 § 274 · 105 Stat. 2236

    Enacted · 12 U.S.C. § 4313

    Pub. L. 102–242, title II, § 274, Dec. 19, 1991, 105 Stat. 2342

    Source evidence

    Code source credit
    Pub. L. 102–242, title II, § 274, Dec. 19, 1991, 105 Stat. 2342

    Enacted provision · exact public law section
    SEC. 274. DEFINITIONS. For the purposes of this Act— (1) Account.— The term “account” means any account offered to 1 or more individuals or an unincorporated nonbusiness association of individuals by a depository institution into which a customer deposits funds, including demand accounts, time accounts, negotiable order of withdrawal accounts, and share draft accounts. (2) Annual percentage yield.— The term “annual percentage yield” means the total amount of interest that would be received on a $100 deposit, based on the annual rate of simple interest and the frequency of compounding for a 365-day period, expressed as a percentage calculated by a method which shall be prescribed by the Board in regulations. (3) Annual rate of simple interest.— The term “annual rate of simple interest”— (A) means the annualized rate of interest paid with respect to each compounding period, expressed as a percentage; and (B) may be referred to as the “annual percentage rate”. (4) Board.— The term “Board” means the Board of Governors of the Federal Reserve System. (5) Deposit broker.— The term “deposit broker”— (A) has the meaning given to such term in section 29(f)(1) of the Federal Deposit Insurance Act; and (B) includes any person who solicits any amount from any other person for deposit in an insured depository institution. (6) Depository institution.— The term “depository institution” has the meaning given such term in clauses (i) through (vi) of section 19(b)(1)(A) of the Federal Reserve Act. (7) Interest.— The term “interest” includes dividends paid with respect to share draft accounts which are accounts within the meaning of paragraph (3). (8) Multiple rate account.— The term “multiple rate account” means any account that has 2 or more annual rates of simple interest which take effect at the same time or in succeeding periods and which are known at the time of disclosure.

  2. Housing and Community Development Act of 1992

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

    Changed · 12 U.S.C. § 4313

    Pub. L. 102–550 made technical amendment to reference to “this chapter” in introductory provisions to reflect correction of corresponding provision of original act

    Source evidence

    Code amendment note
    Pub. L. 102–550 made technical amendment to reference to “this chapter” in introductory provisions to reflect correction of corresponding provision of original act.

    Enacted provision · exact public law section
    (S) in the provision of section 274 which precedes paragraph (1) of such section.

  3. Riegle Community Development and Regulatory Improvement Act of 1994

    Pub. L. 103–325 title III § 332 · 108 Stat. 2160

    Amended · 12 U.S.C. § 4313(1)

    Pub. L. 103–325 amended par. (1) generally. Prior to amendment, par. (1) read as follows: “The term ‘account’ means any account offered to 1 or more individuals or an unincorporated nonbusiness association of individuals by a depository institution into which a customer deposits funds, including demand accounts, time accounts, negotiable order of withdrawal accounts, and share draft accounts.”

    Source evidence

    Code amendment note
    Par. (1). Pub. L. 103–325 amended par. (1) generally. Prior to amendment, par. (1) read as follows: “The term ‘account’ means any account offered to 1 or more individuals or an unincorporated nonbusiness association of individuals by a depository institution into which a customer deposits funds, including demand accounts, time accounts, negotiable order of withdrawal accounts, and share draft accounts.”

    Enacted provision · exact public law section
    SEC. 332. EXEMPTION FOR BUSINESS ACCOUNTS. Section 274(1) of the Truth in Savings Act (12 U.S.C. 4313(1)) is amended to read as follows: “(1) Account.— The term ‘account’ means any account intended for use by and generally used by consumers primarily for personal, family, or household purposes that is offered by a depository institution into which a consumer deposits funds, including demand accounts, time accounts, negotiable order of withdrawal accounts, and share draft accounts.”.

  4. Department of Commerce and Related Agencies Appropriations Act, 1997

    Pub. L. 104–208 div. A title II § 2604(c) · 110 Stat. 3009

    Inserted · 12 U.S.C. § 4313(6)

    Pub. L. 104–208 inserted before period at end “, but does not include any nonautomated credit union that was not required to comply with the requirements of this chapter as of September 30, 1996, pursuant to the determination of the National Credit Union Administration Board”

    Source evidence

    Code amendment note
    Par. (6). Pub. L. 104–208 inserted before period at end “, but does not include any nonautomated credit union that was not required to comply with the requirements of this chapter as of September 30, 1996, pursuant to the determination of the National Credit Union Administration Board”.

    Enacted provision · exact public law section
    (c) Depository Institution Definition.— Section 274(6) of the Truth in Savings Act (12 U.S.C. 4313(6)) is amended by inserting before the period “, but does not include any nonautomated credit union that was not required to comply with the requirements of this title as of the date of enactment of the Economic Growth and Regulatory Paperwork Reduction Act of 1996, pursuant to the determination of the National Credit Union Administration Board”.

  5. Consumer Financial Protection Act of 2010

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

    Substituted · 12 U.S.C. § 4313

    Pub. L. 111–203, § 1100B(1), substituted “Bureau” for “Board” wherever appearing

    Source evidence

    Code amendment note
    Pub. L. 111–203, § 1100B(1), 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.

  6. Consumer Financial Protection Act of 2010

    Pub. L. 111–203 § 1100B(4) · 124 Stat. 1376

    1. Added · 12 U.S.C. § 4313(4)

      Pub. L. 111–203, § 1100B(4), added par. (4)

    2. Struck · 12 U.S.C. § 4313(4)

      Pub. L. 111–203, § 1100B(4), struck out former par. (4). Prior to amendment, text read as follows: “The term ‘Board’ means the Board of Governors of the Federal Reserve System.”

    Source evidence

    Code amendment note
    Par. (4). Pub. L. 111–203, § 1100B(4), added par. (4) and struck out former par. (4). Prior to amendment, text read as follows: “The term ‘Board’ means the Board of Governors of the Federal Reserve System.”

    Enacted provision · exact public law section
    (4) in section 274 (12 U.S.C. 4313), by striking paragraph (4) and inserting the following: “(4) Bureau.— The Definition. term ‘Bureau’ means the Bureau of Consumer Financial Protection.” .

    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.

7 of 7 references resolved to an enrolled provision

Editorial Notes

References in Text

Section 1831f(f)(1) of this title, referred to in par. (5)(A), was redesignated section 1831f(g)(1) of this title by Pub. L. 102–242, title III, § 301(a)(4), , 105 Stat. 2344.

This chapter, referred to in par. (6), was in the original “this title”, and was translated as meaning “this subtitle”, which is subtitle F of title II of Pub. L. 102–242, , 105 Stat. 2334, which enacted this chapter, to reflect the probable intent of Congress.

Amendments1992–2010 · 4 rounds

2010

Pub. L. 111–203, § 1100B(1), substituted “Bureau” for “Board” wherever appearing.

Par. (4). Pub. L. 111–203, § 1100B(4), added par. (4) and struck out former par. (4). Prior to amendment, text read as follows: “The term ‘Board’ means the Board of Governors of the Federal Reserve System.”

1996

Par. (6). Pub. L. 104–208 inserted before period at end “, but does not include any nonautomated credit union that was not required to comply with the requirements of this chapter as of , pursuant to the determination of the National Credit Union Administration Board”.

1994

Par. (1). Pub. L. 103–325 amended par. (1) generally. Prior to amendment, par. (1) read as follows: “The term ‘account’ means any account offered to 1 or more individuals or an unincorporated nonbusiness association of individuals by a depository institution into which a customer deposits funds, including demand accounts, time accounts, negotiable order of withdrawal accounts, and share draft accounts.”

1992

Pub. L. 102–550 made technical amendment to reference to “this chapter” in introductory provisions to reflect correction of corresponding provision of original act.

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 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 · 5 acts
  1. 1991Pub. L. 102–242, title II, § 274, , 105 Stat. 2342
  2. 1992Pub. L. 102–550, title XVI, § 1604(e)(2)(S), , 106 Stat. 4084
  3. 1994Pub. L. 103–325, title III, § 332, , 108 Stat. 2232
  4. 1996Pub. L. 104–208, div. A, title II, § 2604(c), , 110 Stat. 3009–471
  5. 2010Pub. L. 111–203, title X, § 1100B(1), (4), , 124 Stat. 2109, 2110.
Show as published

(Pub. L. 102–242, title II, § 274, , 105 Stat. 2342; Pub. L. 102–550, title XVI, § 1604(e)(2)(S), , 106 Stat. 4084; Pub. L. 103–325, title III, § 332, , 108 Stat. 2232; Pub. L. 104–208, div. A, title II, § 2604(c), , 110 Stat. 3009–471; Pub. L. 111–203, title X, § 1100B(1), (4), , 124 Stat. 2109, 2110.)

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