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Regulation of Bank Financial Service Activities, Cases and Materials
This edition incorporates developments in bank and financial services legislation and regulation that have occurred through June 2021, including the Trump administration’s regulatory initiatives in respect of the Dodd-Frank Act. The sixth edition organizes the chapters into three thematic Parts to help focus classroom discussion. Part One surveys the depository bank business model, the dual banking system, and its layered regulatory structure, including the role of financial holding companies, bank subsidiaries, and nonbank affiliates active across financial markets. The materials emphasize that though the majority of depository institutions are thrifts, credit unions, and community banks, consolidation and conglomeration have left the lion’s share of bank assets in the hands of a few large banking organizations that dominate national and global markets, presenting unique regulatory challenges.
Part Two focuses on prudential supervision of banks and their holding companies, which reflects the distinctive demands created by deposit-taking, credit creation, and liquidity intermediation. Post-crisis reforms have dramatically changed this aspect of regulation. The materials emphasize the different ways in which banks finance their activities, including by accepting insured deposits, borrowing at market rates from wholesale lenders, using government funds available only to banks, and raising equity capital from investors. The discussion makes clear how, in addition to meeting market capital requirements that apply to all businesses, banks contend with complex regulatory standards that encourage liquidity, limit leverage, and promote the ability to absorb unexpected losses.
Part Three surveys the range of specialized financial services performed by banks and their holding companies beyond their depository functions. The materials illustrate how banks underwrite debt and equity securities, manage investment portfolios, advise investors, make markets for financial products, act as both principal and agent in derivative transactions (including credit default swaps and interest rate derivatives such as options, futures, and forwards), and provide fiduciary services as trustees, including by managing retirement and collective investment funds, offering custody for financial assets, and competing with mutual funds. The book pays special attention to consumer lending -- through mortgage finance, educational debt, and credit card loans -- an area that has grown in importance due to the CFPB.
The authors have prepared a Word document with links to relevant statutes and regulations organized by subjects discussed in the casebook. This document is available in Word format so that adopters and others may add or subtract material to suit the coverage of their class. This alternative to a statutory and regulatory supplement reduces costs and weight in student’s backpack, but more importantly provides access to the latest versions of the relevant statutes and regulations.
Imprint: West Academic Publishing
Series: American Casebook Series
Publication Date: 11/29/2021
Related Subject(s): Regulated Industries
Lissa L. Broome, University of North Carolina School of Law
Jerry W. Markham, Florida International University College of Law
Jose M Gabilondo, Florida International University College of Law
CasebookPlus™
This title is available in our CasebookPlus format. CasebookPlus provides support beyond your classroom lectures and materials by offering additional digital resources to you and your students. Anchored by faculty-authored formative self-assessments keyed to our most popular casebooks, CasebookPlus allows students to test their understanding of core concepts as they are learning them in class – on their own, outside of the classroom, with no extra work on your part. CasebookPlus combines three important elements:
- A new print or digital casebook
- Access to a downloadable eBook with the ability to highlight and add notes
- 12-month access to a digital Learning Library complete with:
- Chapter questions keyed to the casebook
- Black Letter Law questions (available in select subjects)
- Subject area review questions for end of semester use
Leading digital study aids, an outline starter, and audio lectures in select subjects
Students can still utilize CasebookPlus digital resources if they’ve purchased a used book or are renting their text by purchasing the Learning Library at westacademic.com.
With CasebookPlus, you can customize your students’ learning experience and monitor their performance. The quiz editor allows you to create your own custom quiz set, suppress specific quiz questions or quiz sets, and time-release quiz questions. Additionally, the flexible, customized reporting capability helps you evaluate your students’ understanding of the material and can also help your school demonstrate compliance with the new ABA Assessment and Learning Outcomes standards.
The casebook contains much new material, including:
Chapter 1 – The History of Banking Regulation
- Excerpts from the Financial Crisis Inquiry Commission Report
- Banking regulation under the Trump administration
Chapter 2 – Thrift and Credit Union Regulation
- New material on mutual thrifts
Chapter 3 – The Business of Banking
- Reorganization and updates
- Updates on the FSOC’s SIFI designations
- New charts and graphs on the structure of the U.S. financial system
- Shadow banking
Chapter 4 – Bank Regulation Today
- Excerpts from the Federal Financial Agencies’ Report to Congress on the activities and investments of bank entities
- Fintech
Chapter 5 – Bank Assets
- Revised sections on accounting for loan loss reserves and for fair value accounting
- Reorganized and updated section on reducing lending risks through the secondary market and structured finance
Chapter 6 – Consumer Lending
- Excerpt from the Madden v. Midland Funding case related to usury issues
- New section on the CFPB
- New section on the TILA-RESPA Integrated Disclosure Rule (TRID)
- Revised discussion of subprime and predatory lending
- New sections on qualified mortgages (QM) and qualified residential mortgages (QRM)
- Added discussion of deposit advance products
Chapter 7 – Bank Liabilities and Capital
- New discussion of Remote deposit capture
- New section on Electronic transfers through the Automated Clearing House (ACH)
- Added section on Alternative payment methods
- Revised and updated section on bank capital
Chapter 8 – Supervision, Enforcement and Failed Bank Resolution
- Added information on CFPB supervision, examination, and enforcement
Chapter 9 – Geographic Expansion, Mergers, and Antitrust
- Updated section on antitrust review
- Updated Dodd-Frank liability concentration limits
Chapter 10 – Trust and Other Activities
- New case on custodial services
Chapter 11 – Capital Market Activities
- Updates on merchant banking and proposed capital rules
Chapter 12 – Derivatives
- Updates on trading losses, foreign currency conversions, and credit default swaps
Chapter 13 – Insurance
- Update on National Association of Registered Agents and Brokers Reform Act of 2015
- Excerpt from Financial Crisis Inquiry Commission Report
- Update on Federal Insurance Office
Chapter 14 – International Banking
- New excerpt related to U.S. bank foreign branch deposits
- Comparative regulation changes in Japan, Germany, the UK, and the EU
- Consolidated material on anti-money laundering (AML)
- Added material on sanctions
- New section on tax evasion and the Foreign Account Tax Compliance Act of 2010 (FATCA)
Learn more about this series.
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Higher education faculty who wish to view this document should contact their West Academic Account Manager at college@westacademic.com or 800-360-9378.