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620
BOARD OF GOVERNORS
OF THE

X-9597

FEDERAL RESERVE SYSTEM
WASHINGTON
address

official
to

the

c o r r e s p o n d e n c e
board

May 27, 1936
SUBJECT: Maximum Rates of Interest Payable on
Time Deposits under Regulation Q.

Dear Sir:
The Board has recently received an inquiry which indicated
that there may be some misinterpretation of the provisions of the
supplement to Regulation Q establishing a graduated scale of maximum
rates of interest payable upon time deposits having different maturities or payable upon written notice of different periods.

This in-

quiry indicated that such misinterpretation of the regulation may
possibly have been caused in part by the forms of time certificates
of deposit published at page 708 of the Federal Reserve Bulletin for
November, 1935.
These forms complied with the definition of "time certificates of deposit" under the edition of Regulation Q in effect when
they were published and also comply with the definition of such term
in the current revision of Regulation Q. However, the rate of interest provided in such forms (3 per cent per annum) may not now be
paid by a member bank.
The provision of these forms which may have caused misunderstanding is the following provision contained in forms 3 and 4:




X-9597
"Interest payable for full months only at
left

(days or months)

or

per cent per annum if

per cent if left more than

(days or months)

A time certificate of deposit payable upon 30 days' written
notice which provides for interest at 1 per cent per annum if left
30 days but less than 90 days, or 2 per cent per annum if left 90
days but less than 6 months, or 2g per cent per annum if left 6 months
or longer is not permitted ty the provisions of the supplement to Regulation Q. Since such a time certificate of deposit would be payable
upon 30 days' written notice, it would fall within the provisions of
section (3) of the supplement, and the maximum rate of interest payable thereon would be 1 per cent per annum even though the deposit
were left with the bank for a year or more.
In other words, the applicable maximum rate of interest payable on a time deposit may not be determined by the length of time
the deposit is left with the bank but must be determined by the length
of the period from the date of the deposit to its specified maturity
or the period of notice of withdrawal or payment required by the certificate. Of course, a certificate payable upon 30 days' written
notice could provide for interest at l/2 per cent per annum if left
2 months, 3/4 per cent per annum if left 3 months, or 1 per cent per
annum if left 4 months, but no matter how long the deposit is left
with the bank the rate of interest payable on such a certificate may
not exceed 1 per cent per annum.
In any case in which a member bank, under a misapprehension




622
-3-

X-9597

as to the rate of interest payable on a time certificate of deposit
of the kinds published at page 708 of the Federal Reserve Bulletin
for November 1953 has, in good faith, issued any time certificate of
deposit which provides that interest shall be paid thereon at a rate
determined by the length of time the deposit is left with the bank
when such interest would be at a rate in excess of the maximum rate
determined on the basis of the length of the period of notice required
for withdrawal or payment, the Board will not object to the payment of
interest on such certificate in accordance with its terms, provided
that the certificate and the rate of interest payable thereon comply
in other respects with the provisions of Regulation Q and that such
steps be taken by the bank through notice to the depositor or otherwise as may be necessary to bring such certificate into conformity
with the provisions of the regulation as soon as possible.
Very truly yours,

Chester Morrill,
Secretary.

TO ALL FEDERAL RESERVE AGENTS.