Skip to Main Content
Pacific Legal Foundation logo
Back to Top

Database Search Results

Found 56,371 results
Regulation: 12 CFR Part 225
Authorizing Statute: 12 U.S. Code § 1817
Agency: Federal Reserve System
Restrictions: 949
Delegation Category: General Authority sword icon

While some sections of the statute identify specific areas for regulation (e.g., defining “cash items”), the overall tone provides broad rulemaking authority to the FDIC, especially regarding establishing a risk-based assessment system and setting assessments. The ability to consider “any other factors the Board of Directors may determine to be appropriate” further supports a general authority classification. This falls under the hybrid definition, so it is classified as general authority.

Relationship: authorized but not mandated
Beta

The statute explicitly authorizes the Board of Directors of the FDIC to issue regulations related to assessments and reporting requirements. However, it does not mandate that they issue regulations for every aspect. For instance, the “may” language in defining terms like “cash items” and “process of collection” indicates authorization but not a requirement.

Regulation: 12 CFR Part 329
Authorizing Statute: 12 U.S. Code § 1816
Agency: Federal Deposit Insurance Corporation
Restrictions: 178
Delegation Category: General Authority sword icon

12 U.S.C. § 1816 outlines factors the Board of Directors must consider, but it does not directly instruct the agency on specific rules regarding liquidity risk measurement. While the factors provided give guidance, they do not detail the specific regulatory tasks related to establishing and enforcing liquidity coverage ratios and net stable funding ratios as laid out in the regulation. It provides a broad framework for decision-making, fitting the “General Authority” category.

Relationship: authorized but not mandated
Beta

12 U.S.C. § 1816 is listed as an authority for 12 CFR Part 329, which indicates that the regulation is authorized by the statute. The statute lists factors to be considered but doesn’t explicitly mandate specific regulations regarding liquidity risk measurement standards.

Regulation: 12 CFR Part 333
Authorizing Statute: 12 U.S. Code § 1816
Agency: Federal Deposit Insurance Corporation
Restrictions: 17
Delegation Category: Specific Authority checkmark icon

While 12 U.S.C. § 1816 doesn’t directly instruct the agency to promulgate rules, it identifies a specific set of factors that must be considered which informs the agency’s decision and subsequent regulations on matters pertaining to depository institutions, specifically the corporate powers of an institution. The statute guides the agencies actions in the specified subject matter.

Relationship: directly mandated
Beta

12 U.S.C. § 1816 explicitly lists factors that the Board of Directors must consider. It directly mandates the consideration of these factors in specific determinations under other sections of the US Code. The regulation, 12 CFR Part 333 concerns the extension of corporate powers which links directly to the permissibility consideration under 12 U.S.C. § 1816 (7): “Whether the depository institution”™s corporate powers are consistent with the purposes of this chapter.” Moreover, 12 U.S.C. 1816 is listed as an authority for 12 CFR Part 333.

Regulation: 12 CFR Part 337
Authorizing Statute: 12 U.S. Code § 1816
Agency: Federal Deposit Insurance Corporation
Restrictions: 41
Delegation Category: Specific Authority checkmark icon

12 U.S.C. § 1816 provides a list of specific factors (“financial history,” “adequacy of its capital structure,” etc.) that the Board of Directors must consider. While the statute uses relatively open-ended language, it clearly instructs the agency on a specific regulatory task related to these factors.

Relationship: directly mandated
Beta

12 U.S.C. § 1816 is explicitly listed as an authority for 12 CFR Part 337 in the regulation’s Authority section. This means the statute directly mandates or allows for the regulation.

Regulation: 12 CFR Part 354
Authorizing Statute: 12 U.S. Code § 1816
Agency: Federal Deposit Insurance Corporation
Restrictions: 19
Delegation Category: Specific Authority checkmark icon

While §1816 doesn’t outline specific rules that the agency must create, it directs the agency to consider certain factors regarding depository institutions. This directive informs the agency on regulatory tasks related to these factors and falls under the definition of Specific Authority Delegation.

Relationship: authorized but not mandated
Beta

12 U.S.C. § 1816 is explicitly cited as authority for 12 CFR Part 354. The statute lists factors the Board of Directors are required to consider. While it is not mandating the regulations, it clearly authorizes them as the regulations pertain to industrial banks, which are within the FDIC’s purview as defined by the factors in 1816.

Regulation: 12 CFR Part 362
Authorizing Statute: 12 U.S. Code § 1816
Agency: Federal Deposit Insurance Corporation
Restrictions: 117
Delegation Category: Specific Authority checkmark icon

While § 1816 does not directly order the creation of a regulation such as 12 CFR Part 362, it provides a list of specific factors the Board of Directors must consider when making determinations related to depository institutions. It provides specific criteria for the agency to follow in decision-making even with the utilization of more open language, such as ‘adequacy.’ This constitutes a direction on a specific regulatory area.

Relationship: authorized but not mandated
Beta

12 U.S.C. § 1816 is explicitly listed in the ‘Authority’ section of 12 CFR Part 362, indicating that the regulation is authorized by the statute. The statute outlines factors to be considered by the Board of Directors, but it does not explicitly mandate the creation of 12 CFR Part 362 or specific rules regarding activities of insured state banks and insured savings associations.

Regulation: 12 CFR Part 347
Authorizing Statute: 12 U.S. Code § 1815
Agency: Federal Deposit Insurance Corporation
Restrictions: 180
Delegation Category: Specific Authority checkmark icon

The statute provides clear and specific instructions to the Board of Directors of the FDIC regarding the application and approval process for deposit insurance. It also mandates specific actions and considerations for the Board of Directors, and provides factors for the board to consider, therefore it fits the specific authority delegations.

Relationship: directly mandated
Beta

12 U.S.C. 1815 directly mandates certain actions, such as setting insurance fees, by the corporation (FDIC), therefore, it is directly mandated.

Regulation: 12 CFR Part 354
Authorizing Statute: 12 U.S. Code § 1815
Agency: Federal Deposit Insurance Corporation
Restrictions: 19
Delegation Category: General Authority sword icon

While 12 U.S.C. § 1815 does provide instructions on factors the Board of Directors must consider for granting insurance, it is very broad. Part 354 regulates industrial banks, and 12 U.S.C. 1815 provides general rulemaking authority to impose “terms and conditions” for deposit insurance, which allows the agency broad power to regulate the banking industry which does not identify specific regulatory tasks.

Relationship: directly mandated
Beta

12 U.S.C. § 1815 is explicitly listed in the authority section of 12 CFR Part 354. This demonstrates a direct mandate for the regulation.

Regulation: 12 CFR Part 208
Authorizing Statute: 12 U.S. Code § 1816
Agency: Federal Reserve System
Restrictions: 572
Delegation Category: Specific Authority checkmark icon

The statute clearly instructs the Board of Directors to consider specific factors (financial history, capital structure, earnings prospects, management character, risk to the Deposit Insurance Fund, community needs, and consistency of corporate powers) when making determinations related to bank membership and insurance. This constitutes a specific delegation, even though some terms like “adequacy” and “general character” are open-ended.

Relationship: directly mandated
Beta

12 U.S.C. § 1816 is explicitly listed in the authority section of 12 CFR Part 208. This means the regulation is directly mandated by the statute.

Regulation: 12 CFR Part 25
Authorizing Statute: 12 U.S. Code § 1816
Agency: Comptroller of the Currency
Restrictions: 310
Delegation Category: Specific Authority checkmark icon

While the statute lists factors to consider, it doesn’t prescribe specific regulations. However, it clearly instructs the agency (the Board of Directors) on specific factors related to depository institutions. The agency is thus tasked with creating specific performance standards based on these factors, which can be classified as a specific delegation, even though the implementation details are left open.

Relationship: directly mandated
Beta

12 U.S.C. § 1816 is explicitly listed in the “Authority” section of 12 CFR Part 25, indicating that the regulation is directly mandated, at least in part, by the statute. The statute outlines factors the Board of Directors must consider, which the regulation implements through performance standards and assessment.

Regulation: 12 CFR Part 324
Authorizing Statute: 12 U.S. Code § 1816
Agency: Federal Deposit Insurance Corporation
Restrictions: 1,460
Delegation Category: Specific Authority checkmark icon

12 U.S.C. § 1816 provides a list of factors that the Board of Directors must consider, specifying the exact scope of the agency’s discretion. It instructs the agency on particular things that it should think about when regulating.

Relationship: directly mandated
Beta

The regulation 12 CFR Part 324 explicitly cites 12 U.S.C. 1816 in its authority section, indicating that the regulation is directly mandated by the statute.

Regulation: 12 CFR Part 308
Authorizing Statute: 12 U.S. Code § 1815
Agency: Federal Deposit Insurance Corporation
Restrictions: 758
Delegation Category: Specific Authority checkmark icon

The statute provides the FDIC Board of Directors with the authority to approve or deny applications for deposit insurance. It even delineates specific factors the Board must consider (as detailed in section 1816) when reviewing applications, such as financial history, capital structure, earnings prospects, management character/fitness, risks to the Deposit Insurance Fund, and community needs. These instructions go beyond broad guidance and specify how the agency must carry out its role. While there is still discretion given to the Board in weighing these factors, the statute specifically instructs an agency on a specific regulatory task or gap, even using open-ended terms like “appropriate,” “reasonable,” or “necessary.”

Relationship: directly mandated
Beta

The statute directly mandates the FDIC to provide deposit insurance and outlines the process and conditions under which a depository institution can become insured. This relationship is not just authorized, it is the core function the statute establishes.

Regulation: 12 CFR Part 324
Authorizing Statute: 12 U.S. Code § 1815
Agency: Federal Deposit Insurance Corporation
Restrictions: 1,460
Delegation Category: Specific Authority checkmark icon

While the statute grants the FDIC board of directors broad authority to approve or deny insurance applications, and broad authority to require fees, it also provides specific instructions regarding the factors to consider when reviewing applications (12 U.S.C. 1816 factors) and requires fees to take into consideration the need to establish and maintain the reserve ratio of the Deposit Insurance Fund. This level of specificity suggests a Specific Authority delegation, even though broad discretion is involved. In addition, the statute provides the power to determine “such terms and conditions as the Board of Directors may impose” to foreign banks, which is a clear instruction.

Relationship: directly mandated
Beta

The statute, specifically 12 U.S.C. 1815(a) and (b), directly mandates that depository institutions apply to the Corporation (FDIC) to become an insured depository institution and that the Board of Directors approves the application. The statute lays out explicit requirements for the application and approval process and gives considerations. Additionally, 12 U.S.C. 1815(d) states that institutions shall pay insurance fees “which the Corporation may by regulation prescribe.” These sections directly require and authorize the FDIC to create regulation.

Regulation: 12 CFR Part 326
Authorizing Statute: 12 U.S. Code § 1815
Agency: Federal Deposit Insurance Corporation
Restrictions: 18
Delegation Category: Specific Authority checkmark icon

While the statute contains numerous provisions, it specifically instructs the FDIC to prescribe fees via regulation, as seen in subsection (d). This goes beyond broad authority and defines a specific regulatory action related to fees. Further, subsection (c)(2) says amounts and types shall be determined from time to time in accordance with such regulations as the Board of Directors may prescribe.

Relationship: directly mandated
Beta

12 U.S.C. § 1815 is explicitly listed in the authority section for 12 CFR Part 326. This indicates a direct mandate relationship because the regulation is implementing provisions within that statute.

Regulation: 12 CFR Part 327
Authorizing Statute: 12 U.S. Code § 1815
Agency: Federal Deposit Insurance Corporation
Restrictions: 654
Delegation Category: Specific Authority checkmark icon

12 U.S.C. § 1815(c)(2) & (d)(1) delegate specific authority to the FDIC Board of Directors to prescribe regulations regarding the amounts and types of surety bonds and assets foreign banks must maintain and regarding insurance fees after considering the reserve ratio of the deposit insurance fund.

Relationship: authorized but not mandated
Beta

12 U.S.C. § 1815 authorizes the FDIC to prescribe regulations related to deposit insurance fees, surety bonds, and asset pledges for foreign banks. While the statute authorizes these regulations, it does not mandate them for all depository institutions, only for certain foreign banks seeking deposit insurance. Therefore, it is authorized but not mandated.

Regulation: 12 CFR Part 329
Authorizing Statute: 12 U.S. Code § 1815
Agency: Federal Deposit Insurance Corporation
Restrictions: 178
Delegation Category: General Authority sword icon

While 12 U.S.C. 1815 provides authority for the FDIC to regulate deposit insurance, it doesn’t specify how the agency should measure liquidity risk or what the specific components of the Liquidity Coverage Ratio should be. It grants broad authority, leaving significant discretion to the agency.

Relationship: authorized but not mandated
Beta

12 U.S.C. 1815 authorizes the FDIC to prescribe regulations, such as those found in 12 CFR Part 329, related to the insurance of deposits and the financial soundness of depository institutions. While the statute establishes the framework for deposit insurance, it doesn’t mandate specific regulations like the Liquidity Coverage Ratio; it authorizes the agency to create them as deemed necessary for fulfilling its responsibilities.

Regulation: 12 CFR Part 44
Authorizing Statute: 12 U.S. Code § 1813
Agency: Comptroller of the Currency
Restrictions: 222
Delegation Category: General Authority sword icon

The delegation is better categorized as general. Although the statute empowers the Board of Directors to prescribe regulations related to deposit liabilities, it does so in a very broad manner, without identifying any specific gap to address or providing specific instructions for what those regulations should entail beyond finding and prescribing deposit liabilities by general usage. The statute identifies a broad area of rulemaking authority rather than specifying a particular regulatory task.

Relationship: authorized but not mandated
Beta

While 12 U.S. Code § 1813(q) identifies the “appropriate Federal banking agency” and references section 1813(l)(5) that refers to the Board of Directors prescribing regulations to define “deposit” liabilities, the regulation itself (12 CFR Part 44) is not directly mandated. The statute authorizes the agency (e.g., FDIC, Board of Governors) to create regulations to clarify the definitions of “deposit” liabilities, but does not compel them to do so. Also, it’s important to remember that 12 CFR Part 44’s authority rests upon multiple statutes, not just 1813(q).

Regulation: 12 CFR Part 48
Authorizing Statute: 12 U.S. Code § 1813
Agency: Comptroller of the Currency
Restrictions: 156
Delegation Category: Specific Authority checkmark icon
Relationship: authorized but not mandated
Beta

The statute provides definitions for terms used throughout the chapter, including terms relevant to regulations. While the Board of Directors is given authority to define “deposit” liabilities by regulation under certain conditions (subsection (l)(5)), this is just one aspect of the statute. Overall, the statute doesn’t directly mandate the regulation of retail foreign exchange transactions, but it authorizes regulatory actions regarding various aspects of banking, including deposits.

Regulation: 12 CFR Part 208
Authorizing Statute: 12 U.S. Code § 1814
Agency: Federal Reserve System
Restrictions: 572
Delegation Category: General Authority sword icon

While 12 U.S.C. § 1814 concerns the insurance of depository institutions, and touches on membership in the Federal Reserve System and mergers/consolidations, it is broadly about who qualifies for continued insurance. It does not prescribe specific regulatory tasks; rather, it provides a framework.

Relationship: directly mandated
Beta

12 U.S.C. § 1814 is cited in the authority section for 12 CFR Part 208, indicating that the regulation is at least in part directly mandated by the statute.

Regulation: 12 CFR Part 25
Authorizing Statute: 12 U.S. Code § 1814
Agency: Comptroller of the Currency
Restrictions: 310
Delegation Category: General Authority sword icon

While 12 U.S.C. 1814 mandates the continuation of insurance, it does not provide specific instructions or a particular regulatory task to the agency regarding how to regulate institutions. It provides a broad framework for insured depository institutions to continue as such.

Relationship: directly mandated
Beta

The regulation cites 12 U.S.C. 1814 in its authority section, indicating a direct mandate or at least a directly authorized relationship. The statute outlines the continuation of insurance for depository institutions, which is directly related to the regulations governing insured depository institutions.

Regulation: 12 CFR Part 303
Authorizing Statute: 12 U.S. Code § 1815
Agency: Federal Deposit Insurance Corporation
Restrictions: 479
Delegation Category: Specific Authority checkmark icon

While the statute lays out general principles for deposit insurance, it also provides specific directions for the FDIC. For instance, subsection (d)(1) instructs the Corporation to prescribe fees, explicitly directing them to consider “the need to establish and maintain the reserve ratio of the Deposit Insurance Fund”. Subsection (b) lays out specific factors to consider when approving the application of a foreign bank. These are not merely broad grants of authority but targeted instructions.

Relationship: directly mandated
Beta

The statute directly mandates the FDIC to create regulations, particularly regarding insurance fees (subsection d) and surety bonds/pledges of assets for foreign banks (subsection c). It also specifies application and approval processes for deposit insurance.

Regulation: 12 CFR Part 304
Authorizing Statute: 12 U.S. Code § 1813
Agency: Federal Deposit Insurance Corporation
Restrictions: 13
Delegation Category: Specific Authority checkmark icon

Although 12 U.S. Code § 1813 is a definition statute, subsection (l)(5) provides clear instructions regarding specific obligations that the board of directors have to prescribe by regulation, the means to define what are liabilities to deposits by general usage, in effect, the statute is instructing the agency on a specific regulatory task and using the open-ended term of “general usage” as the scope of that task.

Relationship: authorized but not mandated
Beta

The statute, specifically 12 U.S. Code § 1813 (l)(5) empowers the Board of Directors, after consulting with the Comptroller of the Currency, and the Board of Governors of the Federal Reserve System, to prescribe regulations to identify obligations of banks or savings associations that constitute “deposit liabilities by general usage.” This regulation directly relates to that authorization, establishing forms and instructions for reporting requirements. However, the statute does not mandate the specific forms and instructions outlined in 12 CFR Part 304, only the authority to define “deposit liabilities by general usage”. Therefore, 12 CFR Part 304 is authorized, but not directly mandated.

Regulation: 12 CFR Part 326
Authorizing Statute: 12 U.S. Code § 1813
Agency: Federal Deposit Insurance Corporation
Restrictions: 18
Delegation Category: Specific Authority checkmark icon

While 12 U.S.C. § 1813 primarily provides definitions, it is part of a broader statutory scheme. The presence of specific citations like 12 U.S.C. 1815, 1817, 1818, and particularly 31 U.S.C. 5311-5314, 5316-5332 (Bank Secrecy Act), suggests a more targeted authority delegation related to security procedures and BSA compliance. Thus, this falls under Specific Authority because of the clearly instructed context of Bank Secrecy Act regulations.

Relationship: directly mandated
Beta

The regulation explicitly lists 12 U.S.C. 1813 as one of its authorities. This indicates a direct mandate, as the statute is used as a basis for the regulation’s existence.

Regulation: 12 CFR Part 327
Authorizing Statute: 12 U.S. Code § 1813
Agency: Federal Deposit Insurance Corporation
Restrictions: 654
Delegation Category: Specific Authority checkmark icon

Although 12 U.S.C. § 1813 is primarily definitional, it contains within subsection (l)(5) specific authority. This section delegates to the Board of Directors the authority to “find and prescribe by regulation to be deposit liabilities by general usage” other obligations of a bank or savings association. This is a specific regulatory task even though it uses terms like “general usage,” which provide some discretion.

Relationship: directly mandated
Beta

12 U.S.C. § 1813 provides definitions that are directly mandated as the foundation for the chapter related to federal deposit insurance. The statute itself defines key terms used throughout the regulations.

Regulation: 12 CFR Part 347
Authorizing Statute: 12 U.S. Code § 1813
Agency: Federal Deposit Insurance Corporation
Restrictions: 180
Delegation Category: General Authority sword icon

The statute provides definitions, and does not delegate authority but describes entities.

Relationship: directly mandated
Beta

12 U.S.C. § 1813 defines terms used within the chapter of the US Code that contains the regulations. It is directly mandated.

Found 56,371 results