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Federal R eserve Bank
OF DALLAS
ROBERT

D. M c T E E R , J R .

P R E S ID E N T
AND

C H IE F E X E C U T IV E

O F F IC E R

-

. ,

,

April 1, 1994

D A LLAS, TE X A S
75265-590 6

Notice 94-36
TO:

The Chief Executive Officer of
each financial institution in the
Eleventh Federal Reserve District
SUBJECT
Amendments to Regulations
Y, J, H, D, and 0;
Amendments and Corrections
to Regulation Z
DETAILS

The Board of Governors of the Federal Reserve
System has published amendments in slip-sheet form to
Regulation Y (Bank Holding Companies and Change in Bank
Control), effective November 1993, Regulation J (Col­
lection of Checks and Other Items by Federal Reserve
Banks and Funds Transfers Through Fedwire), effective
November 1993, Regulation H (Membership of State Bank­
ing Institutions in the Federal Reserve System), effec­
tive November 1993, Regulation D (Reserve Requirements
of Depository Institutions), effective January 1994,
and Regulation 0 (Loans to Executive Officers, Direc­
tors, and Principal Shareholders of Member Banks),
effective January 1994.
In addition, the Board has published amend­
ments and corrections in slip-sheet form to Regulation
Z (Truth in Lending), effective October 1993.
The new slip sheets should be inserted in
your Regulations binder.
For additional copies, bankers and others are encouraged to use one of the following toll-free numbers
in contacting the Federal Reserve Bank of Dallas: Dallas Office (800) 333-4460; El Paso Branch
Intrastate (800) 592-1631, Interstate (800) 351-1012; Houston Branch Intrastate (800) 392-4162,
Interstate (800) 221-0363; San Antonio Branch Intrastate (800) 292-5810.

This publication was digitized and made available by the Federal Reserve Bank of Dallas' Historical Library (FedHistory@dal.frb.org)

-

2 -

ENCLOSURES
The new slip sheets are enclosed.
MORE INFORMATION
For more information, please contact Michael
Johnson regarding Regulations H and Y at (214)
922-6081; Terry Campbell regarding Regulation J at
(214) 922-6603; this Bank’s Reserve Management Division
regarding Regulation D at (214) 922-5646; Jane Anne
Schmoker regarding Regulation 0 at (214) 922-5101; and
Eugene Coy regarding Regulation Z at (214) 922-6201.
For additional copies of this Bank’s notice
and the slip sheets, please contact the Public Affairs
Department at (214) 922-5254.
Sincerely yours,

Board of Governors of the Federal Reserve System

^

Amendments to Regulation Y
Bank Holding Companies
and Change in Bank Control
November 1993*

1. Effective October 8, 1993, section 225.4 is
am ended by adding a new subsection (g) as
follows:
(g ) C rim inal referral report. A bank hold­
ing com pany o r any nonbank subsidiary
thereof, o r a foreign bank th a t is subject to
the B H C A ct o r any nonbank subsidiary of
such foreign bank operating in the United
States, shall file a criminal referral form in
accordance with the provisions of section
208.20 o f the B oard’s R egulation H,
12 C F R 208.20.

2. Effective January 28, 1993, section
225.11(f) is am ended to read as follows:
(f) Transactions by foreign banking orga­
nization. A ny transaction described in
paragraphs (a ) through (e) o f this section
by a foreign banking organization (as de­
fined in 12 C F R 211.21 ( n ) ) tha t involves
the acquisition o f an interest in a U.S. bank
or in a bank holding com pany for which
application would be required if the foreign
banking organization were a bank holding
company.

* A com plete R eg u lation Y, as revised effective O ctober
8, 1993, consists of—
•
•

the regulation p am p h let dated M arch 1993 (see inside
cov er) an d
this slip sheet.

1

Board of Governors of the Federal Reserve System

(Amendments to Regulation J
Collection of Checks and Other Items by Federal
Reserve Banks and Funds Transfers Through Fed wire
November 1993*

1. Effective October 14, 1993, section 210.2(d)
is am ended to read as follows:
(d ) “ Banking day” means the p art o f a
day on which a bank is open to the public
for carrying on substantially all o f its bank­
ing functions.

2. Effective October 14, 1993, the last sentence
o f section 210.2(g) is am ended to read as
follows:
“ Item ” does not include a check tha t can­
not be collected at par, or a paym en t order
as defined in section 210.26(i) and handled
under subpart B of this part.

other expenses of litigation incurred, as
well as any am ount the Reserve Bank is
required to pay because o f the judgm ent or
decree o f the tender of defense, together
w ith interest thereon.

5. E ffective October 14, 1993, the title o f sec­
tion 210.9 is changed to “ Settlement and
Paym ent” .

6. E ffective October 14, 1993, section 210.9(a)
is am ended to read as follows:

SECTION 210.9— Settlement and
Payment
3. E ffective October 14, 1993, section 210.2 is
am ended by adding subsections (n) a n d (o)
as follows:
(n ) “ Clock h o u r” m eans a tim e tha t is on
the hour, such as 1:00, 2:00, etc.
(o ) “ Fedw ire" has the same meaning as
that set forth in section 210.26(e) of this
part.

4. Section 210.5(b) is corrected to read as
follows:
(b ) *

*

*

( 1) * * *
(2)

*

(3)

* * *

*

*

the Reserve Bank may, upon entry of a fi­
nal judgm ent or decree, recover from the
sender the am ount o f attorneys’ fees and
•
A co m p lete R egulation J, as revised effective O ctober
14, 1993, consists of—
• th e regulation p am p h let d ated M arch 1991 (see inside
co v e r) and
• this slip sheet.

(a ) Cash items. (1 ) O n the day a pay­
ing bank receives2 a cash item directly or
indirectly from a Reserve Bank, it shall
settle for the item such that the proceeds
of the settlem ent are available to the R e­
serve Bank by the close o f Fedw ire on
th at day, or it shall return the item by
the later o f the close of the paying bank's
banking day or the close of Fedwire. If
the paying bank fails to settle for or re­
tu rn a cash item in accordance with this
p aragraph ( a ) ( 1 ) , it is accountable for
the am ount o f the item as of the close of
its banking day or the close o f Fedwire
on the day it receives the item, whichev­
er is earlier.
(2 )
(i) On the day a paying bank re­
ceives a cash item directly or indirect­
ly from a Reserve Bank, it shall settle
for the item so that the proceeds o f the
settlement are available to the Reserve
2 A paying b an k is deem ed to receive a cash item on
its next banking day if it receives the item ( 1 ) on a day
o th e r th a n a banking day for it; o r ( 2 ) on a banking
day for it, bu t after a “ cut-off h o u r " established by it in
a c co rdance w ith state law.

1

Regulation J
Bank, o r return the item, by the latest
of—
(A ) the next clock hour that is at
least one hour after the paying bank
receives the item;
(B ) one ho u r after the scheduled
opening of Fedwire; or
(C ) such later time as provided in
the Reserve
B ank’s operating
circular.
(ii) If the paying bank fails to settle
for or return a cash item in accord­
ance with paragraph ( a ) ( 2 ) ( i ) of this
section, it shall be subject to any appli­
cable overdraft charges. Settlement
under paragraph ( a ) ( 2 ) (i) of this
section satisfies the settlement require­
ments of paragraph ( a ) ( 1 ) of this
section.
( 3 ) ( i ) If a paying bank closes voluntar­
ily on a day that is a banking day for a
Reserve Bank, and the Reserve Bank
makes a cash item available to the
paying bank on tha t day, the paying
bank shall either—
(A ) on that day, settle for the item
so that the proceeds o f the settle­
m ent are available to the Reserve
Bank, or return the item, by the lat­
est of—
( / ) the next clock h o u r tha t is at
least one hour after the paying
bank ordinarily would have re­
ceived the item;
(2 ) one ho u r after the scheduled
opening of Fedwire; or
(3 ) such later time as provided
in the Reserve B ank’s operating
circular; or
(B ) on the next day that is a bank­
ing day for both the paying bank
and the Reserve Bank, settle for the
item so that the proceeds of the set­
tlement are available to the Reserve
Bank by the later of—
( / ) one hour after the scheduled
opening of Fedwire on that day;
or
(2 ) such later time as provided
in the Reserve B ank’s operating
circular;
and com pensate the Reserve Bank

for the value o f the float associated!
with the item in accordance with
procedures provided in the Reserve
B ank’s operating circular.
(ii) If a paying bank closes voluntari­
ly on a day th a t is a banking day for a
Reserve Bank, and the Reserve Bank
makes a cash item available to the
paying bank on th at day, the paying
bank is not considered to have re­
ceived the item until its next banking
day, but it shall be subject to any ap ­
plicable overdraft charges if it fails to
settle for or return th e item in accord­
ance with paragraph ( a ) ( 3 ) ( i ) of this
section. T he settlement requirem ents
of paragraphs ( a ) ( 1 ) and ( a ) ( 2 ) of
this section do not apply to a paying
bank that settles in accordance with
paragraph (a ) (3 ) (i) of this section.
( 4 ) ( i ) If a paying bank receives a cash
item directly or indirectly from a R e­
serve Bank on a banking day that is
not a banking day for the Reserve
Bank—
(A ) The paying bank shall—
( / ) settle for the item so that the
proceeds of the settlement are
available to the Reserve Bank by|
the close of Fedw ire on the R e­
serve Bank's next banking day; or
(2) return the item by midnight
o f the day it receives the item.
If the paying bank fails to settle for
or return a cash item in accordance
with this paragraph ( a ) ( 4 ) ( i ) ( A ) ,
it shall become accountable for the
am ount of the item as of the close of
its banking day on the day it re­
ceives the item.
(B ) T he paying bank shall—
( / ) settle for the item so that the
proceeds of the settlement are
available to the Reserve Bank by
one h our after the scheduled
opening of Fedwire on the R e­
serve B ank’s next banking day or
such later time as provided in the
Reserve B ank’s operating circu­
lar; or
(2 ) return the item by midnight
of the day it receives the item.

Regulation J
If the paying bank fails to settle for
o r return a cash item in accordance
with this paragraph ( a ) ( 4 ) ( i ) ( B ) ,
it shall be subject to any applicable
overdraft charges. Settlement under
this paragraph ( a ) ( 4 ) ( i ) ( B ) satis­
fies the settlement requirem ents of
paragraph ( a ) ( 4 ) ( i ) ( A ) of this
section.
(ii) T he settlement requirem ents of
paragraphs ( a ) ( 1 ) and ( a ) ( 2 ) of this
section do not apply to a paying bank
that settles in accordance with para­
graph ( a ) ( 4 ) ( i ) o f this section.
(5 ) Settlement with a Reserve Bank u n ­
der paragraphs (1) through (4 ) o f this
section shall be m ade by debit to an ac­
count on the Reserve B ank’s books,
cash, o r other form of settlement to
which the Reserve Bank agrees.
(6 ) If a cash item is unavailable for re­
turn, the paying bank may send a notice
in lieu of return as provided in section
2 2 9 .3 0 (0 of this title.

7. Effective
October 14,
1993,
section
210.28(b) is am ended by adding paragraph
(5) as follows:
(5) If a sender, other than a governm ent
sender described in section 210.25(d) of

this part, incurs an overdraft in its account
as a result o f a debit to the account by a
Federal Reserve Bank un d er paragraph
(a ) o f this section, the account will be sub­
ject to any applicable overdraft charges, re­
gardless o f w hether the overdraft has be­
come due and payable. A Federal Reserve
Bank may debit a sender’s account under
paragraph (a ) of this section immediately
on acceptance of the paym ent order.

FE D E R A L RESERVE ACT

8. The last sentence o f the first paragraph o f
section 16 is corrected to read as follows:
The Board of G overnors o f the Federal R e­
serve System shall, by rule, fix the charges
to be collected by the m em ber banks from
its patrons whose checks and other items,
including negotiable orders of w ithdrawal
and share drafts are cleared through the
Federal reserve bank and the charge which
may be imposed for the service of clearing
or collection rendered by the Federal re­
serve bank.

9. Effective D ecember 19, 1991, section 25(b)
is redesignated section 25B.

3

Board of Governors of the Federal Reserve System

Amendments to Regulation H
Membership of State Banking Institutions
in the Federal Reserve System
November 1993*

1. Effective October 8, 1993, a new section
208.20 is added, as follows:

SECTION 208.20— Reports of Crimes
and Suspected Crimes
(a) Purpose. This section applies to
know n o r suspected crimes involving state
m em ber banks. This section ensures that
law enforcement agencies are notified by
means of criminal referral reports when
unexplained losses or known or suspected
criminal acts are discovered. Based on
these reports, the federal governm ent will
take appropriate m easures and will m ain­
tain an interagency database that is derived
from these reports.
(b ) Institution-affiliated party. Institutionaffiliated party means any institution-affiliated party as that term is defined in sec­
tions 3 (u ) and 8 ( b ) ( 3 ) and (4 ) of the
F D IA (12 USC 1813(u ) and 1 8 1 8 (b )(3 )
and ( 4 ) ) .
(c ) Reports required. A state mem ber
bank shall file a criminal referral report us­
ing a standardized form ( F o r m ) ,14 in ac­
cordance with instructions for the Form , in
every situation where—
(1 ) the state m em ber bank suspects one
o f its directors, officers, employees,
agents, or other institution-affiliated p ar­
ties of having com m itted or aided in the
commission o f a crime;
(2 ) there is an actual or potential loss to
the state m ember bank (before reim­
bursem ent or recovery) of more than
14 Copies o f th e F o rm ( F R 2230) are available from
the F ed eral R eserve Banks. T h e F orm mav be prepared
using a co m p u ter shell th a t is d istributed b> the Board
*
A co m p lete R eg u lation H, as am ended effective O cto ­
ber 8, 1993, consists o f—
•
•

th e regulation p am p h let dated M arch 1993 (see inside
co v e r) and
this slip sheet.

$ 1,000 where the state m em ber bank has
a substantial basis for identifying a possi­
ble suspect or group of suspects and the
suspect(s) is not a director, officer, em ­
ployer, agent, or institution-affiliated
party o f the state m em ber bank;
(3) there is an actual or potential loss to
the state m em ber bank (before reim ­
bursement o r recovery) of $5,000 or
more and where the state m ember bank
has no substantial basis for identifying a
possible suspect or group o f suspects; or
(4 ) the state m ember bank suspects that
it is being used as a conduit for criminal
activity, such as money laundering or
structuring transactions to evade the
Bank Secrecy A ct reporting require­
ments.
(d ) T im e fo r reporting. (1 ) A state
m em ber bank shall file the report re­
quired by paragraph (c ) of this section
no later than 30 calendar days after the
date of detection of the loss or the
know n or suspected criminal violation or
activity. If no suspect has been identified
within 30 calendar days after the date of
the detection o f the loss or the known,
attem pted, or suspected criminal viola­
tion or activity, reporting may be de­
layed an additional 30 calendar days or
until a suspect has been identified; but in
no case shall reporting of known or sus­
pected crimes be delayed more than 60
calendar days after the date of the detec­
tion o f the loss or the known, attem pted,
or suspected criminal violation or activi­
ty. W hen a report requirem ent is trig­
gered by the identification of a suspect or
group of suspects, the reporting period
commences with the identification of
each suspect or group of suspects.
(2 ) W hen a state mem ber bank detects
a pattern o f crimes com m itted by an
identifiable individual, the state member
1

Regulation H
bank shall file a report no later than 30
calendar days after the aggregated
am ount o f the crimes exceeds $ 1,000.
(3 ) In situations involving violations re­
quiring im mediate attention or where a
reportable violation is ongoing, the state
m em ber bank shall im mediately notify
by telephone the appropriate law en­
forcement agency and the appropriate
Federal Reserve B ank in addition to fil­
ing a timely written report.
(e) Reporting to state an d local authorities.
State m em ber banks are encouraged to file
copies o f the Form with state and local au­
thorities where appropriate.
( 0 Exceptions. A state m em ber bank
need not file the F o rm —
(1 ) for those robberies and burglaries
that are reported to local law enforce­
ment authorities; and

2

(2 ) for lost, missing, counterfeit, or sto­
len securities if a report is filed pursuant
to the reporting requirem ents of 17 C F R
240.17f-l.
(g) Retention o f records. A state member
bank shall maintain copies o f any Form
tha t it filed and the originals of all related
docum ents for a period of 10 years from
the date of the report.
(h ) Notification to board o f directors. The
managem ent of a state m ember bank shall
prom ptly notify its board of directors of
any report filed pursuant to this section.
(i) Penalty. Failure to file a report in ac­
cordance with the instructions on the Form
and this regulation may subject the state
m em ber bank, its directors, officers, em ­
ployees, agents, or other institution-affiliat­
ed parties to supervisory action.

Board of Governors of the Federal Reserve System

Amendments to Regulation D
Reserve Requirements
o f Depository Institutions
January 1994*

1. E ffective D ecem ber 14, 1993, the table in
section 204.9(a)(1) is am end ed to read as
follows:
Category
NET TRANSACTION
ACCOUNTS*
$0 to $51.9 million
Over $51.9 million

Reserve requirement

3% of amount
$1,557,000 plus
10% of amount over
$51.9 million

NONPERSONAL
TIME DEPOSITS

0%

EUROCURRENCY
LIABILITIES

0%

* D o lla r a m o u n ts d o no t reflect th e a d ju stm en t to be
m a d e by th e next p ara g ra p h .

2. E ffective D ecem ber 14, 1993, section
204.9(a)(2) is am ended by changing $3.8
m illion to $4.0 m illion.

*A co m p lete R eg u latio n D , as am ended effective D ecem b e r 14, 1993, consists o f—
• th e reg u latio n p a m p h le t d a te d A pril 1993 (see inside
c o v e r) an d
• th is slip sheet.

Board of Governors of the Federal Reserve System

Amendments to Regulation O
Loans to Executive Officers, Directors,
and Principal Shareholders of Member Banks
January 1994*

1. E ffective D ecem ber 17, 1992, section 2 IS. 2
(I) is am ended to read as follows:
(I) ( I ) Principal shareholder m eans a per­
son (o ther th an an insured bank) that
directly or indirectly, o r acting through
o r in concert w ith one o r m ore persons,
owns, controls, or has th e pow er to vote
m ore than 10 percent o f any class o f vot­
ing securities o f a m em ber bank o r com ­
pany. Shares owned o r controlled by a
m em ber o f an individual’s im m ediate
family are considered to be held by the
individual.
(2 ) A principal shareholder o f a m em ­
ber bank includes—
(i) a principal shareholder o f a com ­
pany o f w hich the m em ber bank is a
subsidiary, and
(ii) a principal shareholder o f any
other subsidiary o f tha t com pany.
(3 ) A principal shareholder o f a m e m ­
ber bank does not include a com pany o f
w hich a m em ber bank is a subsidiary.

2. Effective N ovem ber 18, 1993, section
215.4(d)(2) is am en ded to exten d the N o­
vem ber 18, 1993, deadline fo r three months,
to February 18, 1994.

3. E ffective M a y 3, 1993, section 215.4(d) is
am en ded to read as follow s:
(d ) *

*

*

( 1) * * *
(2) * * .
• A co m p lete R eg u latio n O , as a m en d ed effective N o v e m ­
b e r 18, 1993, consists o f—
• th e reg u latio n p am p h let d a te d Ju ly 1992 (see inside
co v e r) an d
• this slip sheet.
Ite m 2 is new. Item s 1, 3, 4, an d 5 w ere included in th e
J u n e 1993 slip sheet.

(3 )
Exceptions. T he general limit speci­
fied in parag rap h ( d ) ( 1 ) o f this section
does n ot apply to the following:
(i) extensions o f credit secured by a
perfected security interest in bonds,
notes, certificates o f indebtedness, or
T reasury bills o f the U nited States or
in o th e r such obligations fully guaran­
teed as to principal a n d interest by the
U nited States;
(ii) extensions o f credit to o r secured
by unconditional takeout com m it­
m ents o r guarantees o f any d epart­
m ent, agency, bureau, board, com m is­
sion o r establishm ent o f the United
States o r any corporation wholly
ow ned directly o r indirectly by the
U nited States; or
(iii) extensions o f credit secured by a
perfected security interest in a segre­
gated deposit account in the lending
bank.
(iv ) the exceptions in this paragraph
( d ) ( 3 ) apply only to the am ount of
such extensions o f credit th at are se­
cured in the m anner described herein.

4. Section 22(h)(2) o f the F ederal Reserve A c t
is corrected to read as follows:
(2 ) A m em ber bank m ay extend credit to
its executive officers, directors, o r principal
shareholders, o r to any related interest of
such a person, only if the extension of
credit—
(A ) is m ad e on substantially the same
terms, including interest rates and collat­
eral, as those prevailing at the time for
com parable transactions by the bank
w ith persons who are n ot executive offi­
cers, directors, principal shareholders, or
employees o f the bank;
(B ) does n ot involve m ore than the nor1

m al risk o f repaym ent o r present other
unfavorable features; and
( C ) the bank follows credit underw rit­
ing procedures th a t are not less stringent
th a n those applicable to com parable
transactions by the bank w ith persons
w ho are n o t executive officers, directors,
principal shareholders, o r employees o f
the bank.

5. Section 22(h)(9)(D ) o f the Federal Reserve
A c t is am end ed to read as follows:
( D ) ( i ) A m em ber bank extends credit by
m aking or renewing any loan, granting a
line o f credit, or entering into any simi­
la r transaction as a result o f w hich a per­
son becomes obligated (directly or indi­
rectly, o r by any m eans w hatsoever) to
pay m oney o r its equivalent to the bank,
(ii) T he B oard may, by regulation,
m ake exceptions to clause (i) for tra n s­
actions th a t the B oard determ ines pose
m inim al risk.

2

Board of Governors of the Federal Reserve System

Amendments and Corrections to Regulation Z
Truth in Lending
October 1993*

1. Section 226.5a(a)(3) is corrected by adding
the words " o f the type” before the words
"subject to the requirem ents o f section
226.5b".

2. Section 226.5a(g)(2) is corrected by deleting
"and is fig ured in the sam e way as the first
balance" fro m the last sentences o f subpara­
graphs (i) and (ii).

3. Effective July 29, 1992, section 226.5b(f)(2)
is am ended by deleting "or” a t the end o f
paragraph (ii), by deleting the period and
adding "; or" a t the end o f paragraph (iii),
and by adding a new paragraph (iv) to read
as follows:
(iv) federal law dealing with credit extend­
ed by a depository institution to its execu­
tive officers specifically requires that as a
condition of the plan the credit shall be­
come due and payable on dem and, provided
that the creditor includes such a provision
in the initial agreement.

4. Effective Septem ber 19, 1990, section
226.5b(f)(3) is am ended by deleting subpar­
agraph (vi)(G) a nd revising subparagraph (i)
to read as follows:
(i) Provide in the initial agreem ent that it
may prohibit additional extensions of credit
or reduce the credit limit during any period
in which the m axim um annual percentage
rate is reached. A creditor also may provide
in the initial agreement that specified

• A com plete R egulation Z, as am ended and corrected
effective July 29, 1993, consists o f—
• th e p am p h let dated July 1989 (see inside cover) and
• this slip sheet.
Item s 7, 8, an d 12 are n ew .T he oth e r item s were included
in th e A u g u st 1992 slip sheet.

changes will occur if a specified event takes
place (for example, th a t the annual per­
centage rate will increase a specified
am ount if the consum er leaves the credi­
to r’s em ploym ent).

5. Effective Septem ber 19, 1990, section
226.9(c)(3) is am ended to read as follows:
(3 ) N otice fo r hom e-equity plans. If a credi­
tor prohibits additional extensions of credit
or reduces the credit limit applicable to a
home-equity plan pursuant to section
2 2 6 .5 b (f )(3 )( i) or 2 2 6 .5 b (f)(3 )(v i), the
creditor shall mail or deliver written notice
o f the action to each consum er who will be
affected. The notice m ust be provided not
later than three business days after the ac­
tion is taken and shall contain specific rea­
sons for the action. If the creditor requires
the consum er to request reinstatem ent of
credit privileges, the notice also shall state
that fact.

6. Section 226.9(e)(1) and (f)(1) are corrected
by adding the words " o f the type" before the
words "subject to section 226.5a”.

7. Effective J u ly 29. 1993, section 226.15(e) is
am ended by designating the first paragraph
as (1). m odifying the last sentence o f the first
paragraph, adding a paragraph (2), an d re­
designating the existing footnote num bers to
accom m odate the new footnote as follows:
(e) Consumer's waiver o f right to rescind.
(1 ) T he consum er may modify o r waive
the right to rescind if the consum er deter­
mines that the extension of credit is need­
ed to meet a bona fide personal financial
emergency. T o modify or waive the right,
the consum er shall give the creditor a
1

Regulation Z

dated w ritten statem ent tha t describes
the emergency, specifically modifies or
waives the right to rescind, and bears the
signatures o f all the consum ers entitled to
rescind. Printed forms for this purpose
are prohibited, except as provided in p a r­
agraph (2 ) o f this section.
(2 ) T he need o f the consum er to obtain
funds im mediately shall be regarded as a
bona fide personal financial emergency
provided that the dwelling securing the
extension of credit is located in an area
declared during June through September
1993, pursuant to 42 USC 5170, to be a
m ajor disaster area because of severe
storm s and flooding in the M idwest.363
In this instance, creditors may use p rin t­
ed forms for the consum er to waive the
right to rescind. This exemption to pa ra ­
graph ( e ) ( 1 ) of this section shall expire
one year from the date an area was de­
clared a m ajor disaster.
36* A list o f th e affected areas will be m aintained by the
B oard. Such areas now include parts o f Iow a. Illinois, M innesota, M issouri, N eb rask a, S o u th D ak o ta , and W isconsin.

8. Effective Ju ly 29, 1993, section 226.23(e) is
am ended by designating the first paragraph
as (1), m odifying the last sentence o f the first
paragraph, an d adding a paragraph (2) as
follows:
(e) Consum er's waiver o f right to rescind.
(1 ) The consum er may modify or waive
the right to rescind if the consum er deter­
mines that the extension of credit is need­
ed to meet a bona fide personal financial
emergency. To modify or waive the right,
the consum er shall give the creditor a
d ated written statem ent that describes
the emergency, specifically modifies or
waives the right to rescind, and bears the
signature of all of the consum ers entitled
to rescind. Printed forms for this purpose
are prohibited, except as provided in par­
agraph (2 ) o f this section.
(2 ) The need of the consum er to obtain
funds immediately shall be regarded as a
bona fide personal financial emergency
provided that the dwelling securing the
extension of credit is located in an area

declared during June through Septem
1993, pursuant to 42 USC 5170, to be a
m ajor disaster area because o f severe
storm s and flooding in the M idwest.48*
In this instance, creditors may use p rin t­
ed forms for the consum er to waive the
right to rescind. This exemption to p ara­
graph ( e ) ( 1 ) o f this section shall expire
one year from the date an area was de­
clared a major disaster.
48> A list o f the affected areas will be m aintained by the
Board Such areas now include parts o f Illinois, Iow a. M in ­
nesota. M issouri, N ebraska, South D akota, an d W isconsin.

9. Effective Septem ber 19, 1990, appendix
G-14C is removed.

10. A ppendix I is am ended, effective October
8, 1991, an d M ay 13, 1992, by revising the
introductory paragraph and the first fo u r
entries to read as follows:
A P P E N D I X I— F e d e r a l E n fo rc e m e n t
A g e n c ie s
T he following list indicates which federal
agency enforces R egulation Z for p artic u lar
classes of businesses. A ny questions c o J
cem ing com pliance by a particular business
should be directed to the appropriate en­
forcement agency. Term s that are not de­
fined in the Federal Deposit Insurance Act
(12 USC 1813( s ) ) shall have the meaning
given to them in the International Banking
A ct of 1978 (12 USC 3101).
N ational banks a nd fed era l branches and
fed era l agencies o f foreign banks
District office of the Office of the C om ptrol­
ler of the Currency for the district in which
the institution is located.
State m em ber banks, branches an d agencies
o f foreign banks (other than fe d era l branch­
es, fe d e ra l agencies, and insured state
branches o f foreign banks), com m ercial
lending companies owned or controlled by
foreign banks, and organizations operating
under section 25 or 25A o f the Federal R e ­
serve Act
Federal Reserve Bank serving the District
in which the institution is located.

Regulation Z

N onm em ber insured banks and insured
state branches o f foreign banks
Federal Deposit Insurance C orporation re­
gional director for the region in which the
institution is located.
Savings institutions insured under the Sav­
ings Association Insurance F und o f the
F D IC and fed era lly chartered savings banks
insured under the B a n k Insurance F und o f
the F D IC (but not including state-chartered
savings banks insured under the B a n k I n ­
surance Fund).
Office of T hrift Supervision regional direc­
tor for the region in which the institution is
located.
*

*

*

*

*

TRUTH IN LEN D IN G ACT
11. Effective D ecember 19, 1991, section
108(a) o f the Truth in Lending A ct is
am ended to read as follows:

b anks), com mercial lending com pa­
nies owned o r controlled by foreign
banks, and organizations operating
under section 25 or 25A of the F ed­
eral Reserve A ct, by the Board; and
(C ) banks insured by the Federal
D eposit Insurance C orporation (o th ­
er than m embers o f the Federal R e­
serve System) and insured State
branches o f foreign banks, by the
Board o f D irectors o f the Federal
Deposit Insurance Corporation.
(2 ) section 8 of th e Federal Deposit
Insurance A ct, by the D irector of the
Office of T hrift Supervision, in the case
of a savings association the deposits of
which are insured by the Federal D epo­
sit Insurance Corporation.
*

*

SECTION 108— Administrative
Enforcement
(a ) C om pliance with the requirem ents
imposed under this title shall be enforced
under
(1 ) section 8 of the Federal Deposit
Insurance Act, in the case of—
(A ) national banks, and Federal
branches and Federal agencies of for­
eign banks, by the Office o f the
C om ptroller of the Currency;
(B ) m ember banks of the Federal
Reserve System (other than national
banks),-branches and agencies o f for­
eign banks (other than Federal
branches, Federal agencies, and in­
sured State branches of foreign

*

*

*

*

(4 ) the Federal Aviation A ct of 1958,
by the Secretary o f T ransportation with
respect to any air carrier or foreign air
carrier subject to th a t Act.
*

*

*

*

The term s used in paragraph (1 ) that are
not defined in this title or otherwise de­
fined in section 3 (s ) o f the Federal D epo­
sit Insurance A ct (12 U.S.C. 1813(s))
shall have the meaning given to them in
section 1 (b) o f the International Banking
A ct of 1978 (12 U.S.C. 3101).

COMPETITIVE EQUALITY
B A N K IN G ACT OF 1987
12. Effective October 28, 1992, section
1204(d)(2) o f the Competitive E quality
B anking A ct o f 1987 is am ended by a d d ­
ing the word “consum er” before the words
“loan secured by a lien ”.