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federal reserve Bank DALLAS, TEXAS of Dallas 7S222 Circular No. 82-161 December 8, 1982 REGULATION D RESERVE REQUIREMENTS OF DEPOSITORY INSTITUTIONS (Booklet) TO ALL DEPOSITORY INSTITUTIONS AND OTHERS CONCERNED IN THE ELEVENTH FEDERAL RESERVE DISTRICT: Enclosed is a copy o f "R eserve Requirements", a com p ilation o f m aterials needed to com ply with R egulation D, including a copy o f the regulation its e lf. This booklet was prepared as a r e fe r e n c e docum ent for all depository in stitu tion s and contains no new regulatory language. It is designed to put all o f the m aterial into one package, to g eth e r with an index and an easy-to-u nderstand summary o f the regulation. Additional cop ies o f this circular will be furnished upon request to the D ep artm en t o f C om m unications, Financial and Com m unity A ffairs, Extension 6289. S incerely yours, William H. W allace First Vice President Enclosure Banks and others are encouraged to use the following incoming WATS numbers in contacting this Bank: 1-800-442-7140 (intrastate) and 1-800-527-9200 (interstate). For calls placed locally, please use 651 plus the extension referred to above. This publication was digitized and made available by the Federal Reserve Bank of Dallas' Historical Library (FedHistory@dal.frb.org) The Federal Reserve Reserve Requirements FEDERALRESERVEFEDERAL ' ir EAT. FEDERALRESERVE f ED! R A L ' " Rv tF E DE RAL RE S ERVE F EDE RAI ESE FEDERALRESERVEEEDERAL. federalreserveeederal F EDERALRESE RVE1 EOF RAF: F EDERALRESERVEFEDERAL FEDERALRESERVEF !DF RALF-FEDERALRESERVE FE DERAL SFEDERALRESERVEEEDERAL -RVE FEDERALRESERVE! •:di RAF FEDERALRESERVEFEDERAL FEDERALRESERVEFEDERAL FEDERALRESERVEEEDERAL FEDERALRESERVEF EDI R AL FEDERALRESERVEFEDERAL FEDERALRESERVEF iii R A FRF SER\ FEDERALRESERVEEEDERAL F EDERALRESERVEEEDERAL . 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RAC K FEDERALRESERVEF EDgRAL Table of Contents IN T R O D U C T IO N R E S E R V E A N D R E P O R T IN G R E Q U IR E M E N T S F O R D E P O S IT O R Y IN S T IT U T IO N S A P P E N D IX A A P P E N D IX B 1 WHO IS COVERED? 2 REPORTING OF DEPOSITS AND REQUIREMENTS FOR MAIN TAINING RESERVES 2 RESERVE REQUIREMENTS 2 Transaction Accounts Nonpersonal Time Deposits Eurocurrency Deposits Supplemental Reserves 2 2 3 3 PHASE-IN O F RESERVE REQUIREMENTS 3 Nonmembers Member Banks 3 4 WHAT FUNDS QUALIFY AS RESERVES 4 PASS-THROUGH ACCOUNTS AND CORRESPONDENTS 4 The Duties of a Pass-Through Correspondent Decisions Correspondents Must Make 4 REGULATION D, RESERVE R E QUIREMENTS OF DEPOSITORY INSTITUTIONS 5 QUESTIONS AND ANSWERS ABOUT REGULATION D 4 28 A P P E N D IX C SAMPLE REPORTING FORMS AND 42 SUMMARY INSTRUCTIONS A P P E N D IX D 1981 REPORTING AND MAINTE NANCE SCHEDULES FOR MEMBER AND NONMEMBER QUARTERLY 53 RESPONDENTS F ed er a l R e se r v e P u b lic a tio n R ev ised E ffe c tiv e A p r il 2 9 , 1982 INTRODUCTION The Depository Institutions Deregulation and Monetary Control Act of 1980 (P.L. 96-221), enacted on March 31, 1980, brings about a number of changes in the way finan cial institutions and the Federal Reserve System do business. First, it applies uniform reserve requirements, set by the Federal Reserve Board within limits specified by the Act, to all depository institutions with certain types of accounts and requires re ports from these depository institutions. In general, reserve requirement ratios are lower now for all depository in stitutions than they were prior to the Act for banks that were members of the Federal Reserve System. The Act also extends access to the Federal Reserve discount window and to other Federal Reserve services in step with implementation of a fee schedule; provides for the gradual phase-out of interest rate ceilings on time and savings deposits; and broadens the powers of depository in stitutions, permitting them all to of fer accounts similar to checking ac counts. Taken together, these provisions of the Act serve two vital purposes. The first is competitive equity among financial institutions, which, given uniform reserve requirements, will be placed on a more equal footing and, given these new authorities, will be able to offer more equivalent services to their customers. The second p u r pose is improvement of the ef fectiveness of monetary policy by making the fulcrum on which that policy operates more stable. The regulation governing Federal reserve requirements is Regulation D, which is contained in an appendix of this publication. Sample reporting forms and summary instructions, questions and answers about the regulation, and reserve maintenance schedules are contained in separate appendices. The body of the publication explains briefly the requirements of Regulation D: what accounts must be backed by reserves; what reports are required; what funds qualify as reserves; and how the new. requirements will be phased-in. A p r il, 1982 1 RESERVE AND REPORTING REQUIREMENTS FOR DEPOSITORY INSTITUTIONS W H O IS C O V E R E D ? Regulation D imposes uniform Federal reserve requirements on all depository institutions — including commercial banks, savings banks, savings and loan associations, credit unions, and industrial banks — that have transaction accounts or non personal time deposits. Under the terms of the International Banking Act of 1978, the same reserve requirements are also extended to U.S. agencies and branches of foreign banks. The revised reserve require ment rules also affect Edge Act and Agreement corporations. Regulation D implements the nation wide reserve requirements established by the Federal Reserve. States may require their own reserves. In many cases, State authorities have per mitted funds used to satisfy the Federal reserve requirement to be used to satisfy the State reserve requirement. R E P O R T IN G O F D E P O S IT S A N D R E Q U IR E M E N T S F O R M A IN T A IN IN G R ESER V ES Depository institutions subject to re serves are required to report certain deposits directly to the Federal Re serve and to maintain reserves on some of these deposits. Based on the in formation reported, the Federal Reserve calculates each institution’s required reserves and notifies the in stitution of its requirement. tain reserves on a quarterly rather than a weekly basis. • Nonmember institutions with total deposits of less than $2 million do not have to report or maintain reserves at least until the end of 1982. Quarterly reporters are divided into three groups. The 1982 staggered reporting and reserve maintenance schedule for member and nonmember quarterly reporters is contained in Appendix D. RESERVE REQUIREMENTS The new Regulation D distinguishes between two general types of accounts: transaction accounts and time deposits. Transaction accounts are those used to make payments to others. They in clude checking accounts, NOW ac counts, share draft accounts, savings accounts that allow automatic trans fers or payments by automated teller machines, and accounts that permit more than three telephone or preauthorized payments each month. Time deposits, as defined by Regula tion D, are deposits or certificates with original maturities of at least 14 days and savings accounts (includ ing regular share accounts at credit unions and regular accounts at other thrift institutions) that allow the in stitution to require a least 14 days’ notice before a withdrawal is made. The reserve requirements for trans- • Institutions with total deposits of $15 million or more report and maintain reserves weekly.1 • Member banks with total deposits of less than $15 million and non member institutions with deposits of $2 million or more but less than $15 million report and main*Edge Act a n d A g reem en t c o r p o r a tio n s and U.S. agencies and b r a n c h e s o f foreign b a n k s also report and m a in ta in reserves weekly. 2 action accounts and those for time deposits are summarized in separate tables below. T ransaction A ccounts The amount of reserves required on transaction accounts is determined by multiplying the net amount of the transaction balances held in the financial institution by the reserve ratio set by the Federal Reserve. Net transaction balances are total trans action balances minus cash items in the process of collection and minus subject to immediate withdrawal bal ances due from depository institutions in this country. The reserve ratio is 3 percent of the first $26 million of net transaction balances and 12 percent of the rest. N onpersonal T im e D eposits The amount of reserves required on time deposits is more complicated to determine, and the regulation itself should be consulted. Time deposits with original maturities of 3 Vi years or more do not have to be backed by reserves. Those with shorter m aturi ties may have to be backed by re serves, depending on the transfera bility of the account and on the type of depositor. Nontransferable time deposits (including personal savings deposits) with maturities of less than 3'/2 years do not have to be backed by reserves when they are owned by natural persons. (A natural person is an individual or a sole proprietorship.) Nonpersonal time R E SE R V E S R E Q U IR E D FO R T R A N SA C T IO N A C C O U N TS An institution with this amount of net transaction balances. . . . . .must keep this portion in cash or in a reserve account. $26 million or less 3% Over $26 million 3% of first $26 million plus 12% of the rest RESERVES REQUIRED FOR TIME DEPOSITS . . .must be backed by reserves equal to this portion of the deposits that are transferable. . . . .and by this portion of the deposits that are not transferable (including per sonal savings deposits). . . Less than 3!/2 years 3% 0% m 0% 0% Less than 3 lA years 3% 3% 3 !/2 years or more 0% 0% Time deposits held by this type of depositor. . . . . .which have this length of maturity. . . Individuals (Natural persons, sole proprietors) years or more Businesses (partnerships, corpora tions, nonprofit organi zations, governmental units) deposits owned by anyone else, however, are subject to a 3 percent reserve requirement. made by overseas branches of dom estic depository institutions; and sales of assets by depository institutions in the United States to their overseas of fices or own IBF. will be paid on supplemental reserves. P H A SE -IN O F R ESER V E R E Q U IR E M E N T S Eurocurrency Liabilities N onm em bers The Board has set a 3 percent re serve requirement on certain Euro currency liabilities (the same ratio as on nonpersonal time deposits). These are deposits arising from : net borrowings from related foreign of fices and own IBF; gross borrowings from unrelated foreign depository in stitutions; loans to U.S. residents Supplem ental Reserves Under certain conditions, and after consultation with other depository in stitution regulators, the Board is auth orized to impose a supplemental re serve requirement of not more than 4 percent of its transaction accounts on every depository institution. Interest For most nonmember commercial banks and thrift institutions, reserve re quirements are phased in over an eightyear period, beginning with one-eighth of the full reserve requirement in November 1980 and increasing by one-eighth in September of each year after 1980. P H A SE -IN SC H E D U L E FO R N O N M E M B E R S During the period from. . . November 13, 1980 September 3, 1981 September 2, 1982 September I, 1983 September 6, 1984 September 5, 1985 September 4, 1986 . . .through. . . . . .nonmembers must meet this much of their full reserve requirement. September 2, 1981 September 1, 1982 August 31, 1983 September 5, 1984 September 4, 1985 September 3, 1986 September 2, 1987 12.5% 25.0% 37.5% 50.0% 62.5% 75.0% 87.5% 3 Member Banks Members of the Federal Reserve System on September 1, 1980, or banks that were members between July 1, 1979, and September 1, 1980, will have new reserve requirements phased-in over approximately 3l/i years. To calculate the reserves during this period, banks must first compute the old reserve requirements and then compute the new one. The difference between the old require ment and the new requirement will be eliminated gradually. On Novem ber 13, 1980, required reserves were adjusted by one-quarter of the dif ference between old and new reserve requirements. At certain intervals, required reserves will be adjusted by an additional fraction of this dif ference. Member banks should consult Section 204.4 of Regulation D for phase-in schedules. WHAT FUNDS QUALIFY AS RESERVES Cash on hand in a depository in stitution may be used to satisfy the reserve requirement. When cash is not sufficient, the balance of required reserves must be maintained at a Federal Reserve Bank in an account that earns no interest. Institutions that are members of the Federal Reserve System must maintain their reserves directly with a Federal Reserve Bank, as they are now doing. Nonmember institutions may keep the balance of their reserves at a Federal Reserve Bank in one of two ways. They may hold their reserves either directly with a Federal Reserve Bank or indirectly in an account with another institution that passes the reserves through to a Federal Reserve Bank. This second type of account is called a pass-through account. 4 PASS-THROUGH ACCOUNTS AND CORRESPONDENTS The owner of a pass-through ac count is known as the respondent and the administrator of the account is known as the correspondent. U n der a pass-through arrangement, the respondent institution provides its correspondent with the funds needed to meet its reserves. The correspon dent then passes the reserves on to a Federal Reserve Bank on behalf of the respondent. A respondent may have only one pass-through account at a time. Each nonmember in stitution will have to decide whether to maintain its reserves directly or to use a pass-through arrangement. A Federal Home Loan Bank, the National Credit Union Administra tion Central Liquidity Facility, or a depository institution that holds reserves directly at a Federal Reserve Bank may be a pass-through correspondent. Certain depository in stitutions that are not required to hold a reserve balance may be pass through correspondents if authorized by the Board — for example, bankers' banks. The Duties of a Pass-through Correspondent A pass-through correspondent is responsible for making sure that its respondents keep the correct amount of reserves. Respondents’ reserves must be kept at the Federal Reserve office in whose territory the respon dents are located. If there are de ficiencies in a correspondent’s pass through account, the Federal Reserve will assess any resulting penalties on the correspondent. The correspon dent, if it wishes, may determine which of its respondents were deficient and pass on any penalties to them. Decisions Correspondents Must Make A pass-through correspondent must choose one of two ways of handling the reserve accounts of respondents whose head offices are in the same Federal Reserve territory as the correspondent. One way is to put the reserves o f these respondents in the correspondent’s own reserve account at its own Federal Reserve office. The other way is to put their reserves in a second account at the correspondent’s own Federal Reserve office. Either way, respondents’ reserves are mixed together. Correspondents have no choice about how to handle the re serves of respondents whose head offices are not in their own Federal Re serve territory. The reserves of these respondents must be held at the Federal Reserve office that serves the respondents’ home offices. The re serves of all the respondents of a single correspondent with head offices in the same Federal Reserve territory must be put into a single account of the correspondent at the Federal Reserve office for that territory. APPENDIX A Regulation D, Reserve Requirements of Depository Institutions As revised effective January 9, 1981 SECTION 204.1—AUTHORITY, PURPOSE AND SCOPE ply to become an insured institution under section 403 of such Act (12 U.S.C. 1726). the United States. SECTION 204.2— DEFINITIONS (a) Authority. This Part is issued under the authority of section 19 (12 U.S.C. 461 et seq.) and other pro visions of the Federal Reserve Act and of section 7 of the International Banking Act of 1978 (12 U.S.C. 3105). (2) Except as may be otherwise provided by the Board, a foreign bank ’s branch or agency located in the United States is required to com ply with the provisions of this Part in the same manner and to the same extent as if the branch or agency were a member bank, if its parent (b) Purpose. This Part relates to foreign bank (i) has total worldwide reserves that depository institutions consolidated bank assets in excess of are required to maintain for the pur $1 billion; or (ii) is controlled by a pose of facilitating the implementa foreign company or by a group of tion of monetary policy by the Fed foreign companies that own or con eral Reserve System. trol foreign banks that in the aggre gate have total worldwide consoli dated bank assets in excess o f $1 (c) Scope. (1) The following deposi billion. In addition, any other foreign tory institutions are required to bank’s branch located in the United States that is eligible to apply to be maintain reserves in accordance with this Part: come an insured bank under section 5 of the Federal Deposit Insurance Act (12 U.S.C. 1815) is required to (i) Any insured bank as defined maintain reserves in accordance with in section 3 of the Federal, Deposit Insurance Act (12 U.S.C. 1813(h)) or this part as a nonmember depository any bank that is eligible to apply to institution. become an insured bank under section 5 of such A c t (12 U.S.C. 1815); (3) Except as may be otherwise provided by the Board, an Edge Cor (ii) Any savings bank or mu poration (12 U.S.C. 611 et seq.) or an tual savings bank as defined in section Agreement Corporation (12 U.S.C. 3 of the Federal Deposit Insurance Act 601 et seq.) is required to comply with (12 U.S.C. 1813(f), (g)); the provisions of this Part in the same manner and to the same extent as a (iii) Any insured credit union member bank. as defined in section 101 of the Fed eral Credit Union Act (12 U.S.C. 1752(7)) or any credit union that is (4) This Part does not apply to eligible to apply to become an insured any financial institution that (i) is or credit union under section 201 of such ganized solely to do business with Act (12 U.S.C. 1781); other financial institutions; (ii) is owned primarily by the financial in (iv) Any member as defined in stitutions with which it does busi section 2 of the Federal Home Loan ness; and (iii) does not do business Bank Act (12 U.S.C. 1422(4)); and with the general public. (v) Any insured institution as defined in section 401 of the National Housing Act (12 U.S.C. 1724(a)) or any institution which is eligible to ap (5) The provisions of this Part do not apply to any deposit that is pay able only at an office located outside For purposes of this Part, the fol lowing definitions apply unless other wise specified: (aXl) “ Deposit” means: (i) the unpaid balance of money or its equivalent received or held by a depository institution in the usual course of business and for which it has given or is obligated to give credit, either conditionally or unconditionally, to an account, in cluding interest credited, or which is evidenced by an instrument on which the depository institution is primarily liable; (ii) money received or held by a depository institution, or the credit given for money or its equivalent re ceived or held by the depository in stitution in the usual course of busi ness for a special or specific purpose, regardless of the legal relationships established thereby, including escrow funds, funds held as security for se curities loaned by the depository in stitution, funds deposited as advance payment on subscriptions to United States government securities, and funds held to meet its acceptances; (iii) an outstanding draft, cash ier’s check, money order, or officer’s check drawn on the depository insti tution and issued in the usual course of business for any purpose, includ ing payment for services, dividends, or purchases; (iv) any due bill or other lia bility or undertaking on the part of a depository institution to sell or de liver securities to, or purchase securi ties for the account of, any customer (including another depository institu tion), involving either the receipt of funds by the depository institution, regardless of the use of the proceeds. 5 or a debit to an account of the cus tomer before the securities are deliv ered. A deposit arises thereafter, if after three business days from the date of issuance of the obligation, the depository institution does not deliver the securities purchased or does not fully collateralize its obliga tion with securities similar to the se curities purchased. A security is simi lar if it is of the same type and if it is of comparable maturity to that purchased by the customer; (v) any liability of a depository institution’s affiliate that is not a de pository institution, on any promis sory note, acknowledgment of ad vance, due bill, or similar obligation (written or oral), with a maturity of less than four years, to the extent that the proceeds are used to supply or to maintain the availability of funds (other than capital) to the de pository institution, except any such obligation that, had it been issued directly by the depository institution, would not constitute a deposit. If an obligation of an affiliate of a deposi tory institution is regarded as a de posit and is used to purchase assets from the depository institution, the maturity of the deposit is determined by the shorter of the maturity of the obligation issued or the remaining maturity of the assets purchased. If the proceeds from an affiliate’s obli gation are placed in the depository institution in the form of a reserv able deposit, no reserves need be maintained against the obligation of the affiliate since reserves are re quired to be maintained against the deposit issued by the depository insti tution. However, the maturity of the deposit issued to the affiliate shall be the shorter of the maturity of the af filiate’s obligation or the maturity of the deposit; (vi) credit balances; (vii) any liability of a deposi tory institution on any promissory note, acknowledgment of advance, 6 bankers’ acceptance, or similar obli gation (written or oral), including mortgage-backed bonds, that is is sued or undertaken by a depository institution as a means of obtaining funds, except any such obligation that: (A) is issued or undertaken and held for the account of: (1) an office located in the United States of another depository institution, foreign bank. Edge or Agreement Corporation, or New York Investment (Article XII) Company; (2) the United States gov ernment or an agency thereof; or (3) the Export-Import Bank of the United States, M inbanc Capi tal Corporation, the Government De velopment Bank for Puerto Rico, a Federal Reserve Bank, a Federal Home Loan Bank, or the National Credit Union Administration Central Liquidity Facility; (B) arises from a transfer of direct obligations of, or obligations that are fully guaranteed as to prin cipal and interest by, the United States government or any agency thereof that the depository institution is obligated to repurchase; (C) is not insured by a Fed eral agency, is subordinated to the claims of depositors, has a weighted average maturity of seven years or more, is not subject to Federal inter est rate limitations, and is issued by a depository institution with the ap proval of, or under the rules and regulations of, its primary Federal supervisor; (D) arises from a borrowing by a depository institution from a dealer in securities, for one business day, of proceeds of a transfer of de posit credit in a Federal Reserve Bank or other immediately available funds, (commonly referred to as “ Federal funds” ), received by such dealer on the date of the loan in connection with clearance of securi ties transactions; or (E) arises from the creation, discount and subsequent sale by a depository institution of its bankers’ acceptance of the type described in paragraph 7 of section 13 of the Federal Reserve Act (12 U.S.C. § 372). (2) “ Deposit” does not include: (i) trust funds received or held by the depository institution that it keeps properly segregated as trust funds and apart from its general as sets or which it deposits in another institution to the credit of itself as trustee or other fiduciary. If trust funds are deposited with the com mercial department of the depository institution or otherwise mingled with its general assets, a deposit liability of the institution is created; (ii) an obligation that repre sents a conditional, contingent or en dorser’s liability; (iii) obligations, the proceeds of which are not used by the depository institution for purposes of making loans, investments, or maintaining liquid assets such as cash or “due from” depository institutions or other similar purposes. An obligation is sued for the purpose of raising funds to purchase business premises, equip ment, supplies, or similar assets is not a deposit; (iv) accounts payable; (v) hypothecated “deposits” created by payments on an install ment loan where (A) the amounts re ceived are not used immediately to reduce the unpaid balance due on the loan until the sum of the pay ments equals the entire amount of loan principal and interest; (B) and where such amounts are irrevocably assigned to the depository institution and cannot be reached by the bor rower or creditors of the borrower; (vi) dealer reserve and differen tial accounts that arise from the fi nancing of dealer installment ac counts receivable, and which provide that the dealer may not have access to the funds in the account until the installment loans are repaid, as long as the depository institution is not actually (as distinguished from con tingently) obligated to make credit or funds available to the dealer; (vii) a dividend declared by a depository institution for the period intervening between the date o f the declaration of the dividend and the date on which it is paid; (viii) an obligation representing a “pass-through account,” as defined in this section; (ix) an obligation arising from the retention by the depository insti tution of no more than a 10 per cent interest in a pool of conventional 1-4 family mortgages that are sold to third parties; (x) an obligation issued to a State or municipal housing authority under a loan-to-lender program in volving the issuance of tax exempt bonds and the subsequent lending of the proceeds to the depository insti tution for housing finance purposes; (xi) shares of a credit union held by the National Credit Union Administration or the National Credit Union Administration Central Liquidity Facility under a statutorily authorized assistance program; and (xii) any liability of a United States branch or agency of a foreign bank to another United States branch or agency of the same foreign bank, or the liability of the United States office of an Edge Corporation to another United States office of the same Edge Corporation. (bXl) “Demand deposit” means a deposit that is payable on demand, or a deposit issued with an original maturity or required notice period of less than 14 days, or a deposit repre senting funds for which the deposi tory institution does not reserve the right to require at least 14 days’ written notice of an intended with drawal. The term includes all depos its other than time and savings de posits. Demand deposits may be in the form of (i) checking accounts; (ii) certified, cashier’s and officer’s checks (including checks issued by the depository institution in payment of dividends); (iii) traveler’s checks and money orders that are primary obligations of the issuing institution; (iv) checks or drafts drawn by, or on behalf of, a non-United States office of a depository institution on an ac count maintained at any of the insti tution’s United States offices; (v) let ters of credit sold for cash or its equivalent; (vi) withheld taxes, with held insurance and other withheld funds; (vii) time deposits that have m atured or time deposits upon which the required notice of withdrawal pe riod has expired and which have not been renewed (either by action of the depositor or automatically under the terms of the deposit agreement); and (viii) an obligation to pay on demand or within 14 days a check (or other instrument, device, or arrangement for the transfer of funds) drawn on the depository institution, where the account of the institution’s customer already has been debited. The term does not include an obligation that is a time deposit under section 204.2(cXlXii). have a right to withdraw for a pe riod of 14 days or more after the date of deposit. “Time deposit” in cludes funds: (A) payable on a specified date not less than 14 days after the date of deposit; (B) payable at the expiration of a specified time not less than 14 days after the date of deposit; (C) payable upon written no tice which actually is required to be given by the depositor not less than 14 days before the date of repay ment; (D) such as “ Christmas club” accounts and “vacation club” accounts that are deposited under written contracts providing that no withdrawal shall be made until a certain num ber of periodic deposits have been made during a period of not less than three months even though some of the deposits may be made within 14 days from the end of the period; or (E) that constitute a “savings deposit” which is not regarded as a “transaction account.” (ii) borrowings, regardless of maturity, represented by a promis sory note, an acknowledgment of ad vance, or similar obligation described in section 204.2(aXlXvii) that is is sued to any office located outside the United States of another depository institution or Edge or Agreement Corporation organized under the laws of the United States, to any office located outside the United States of a foreign bank, or to institutions whose (2) A “demand deposit” does nottime deposits are exempt from interest rate limitations under section 217.3(g) include checks or drafts drawn by the depository institution on the Fed of Regulation 0 ( 1 2 CFR 217.3(g)). eral Reserve or on another depository (2) A time deposit may be repre institution. sented by a transferable or non transferable, or a negotiable or non (cX 1) “Time deposit” means (i) a negotiable, certificate, instrument. deposit that the depositor does not 7 passbook, statement, or otherwise. A “time deposit” includes share certifi cates and certificates of indebtedness issued by credit unions, and certifi cate accounts and notice accounts is sued by savings and loan associa tions. (dXl) “Savings deposit” means a deposit or account with respect to which the depositor is not required by the deposit contract but may at any time be required by the deposi tory institution to give written notice of an intended withdrawal not less than 14 days before withdrawal is made, and that is not payable on a specified date or at the expiration of a specified time after the date of de posit. A deposit may continue to be classified as a savings deposit even if the depository institution exercises its right to require notice of withdrawal. A “savings deposit” includes a regu lar share account at a credit union and a regular account at a savings and loan association. (2) For depository institutions subject to 12 CFR Part 217 or 12 CFR Part 329, funds deposited to the credit of, or in which any beneficial interest is held by, a corporation, association, partnership or other organization ope rated for profit may be classified as a savings deposit if such funds do not exceed $150,000 per depositor at the depository institution. (3) “ Savings deposit” does not include funds deposited to the credit of the depository institution’s own trust department where the funds in volved are utilized to cover checks or drafts. Such funds are “ transaction accounts.” (e) “Transaction account” means a deposit or account on which the de positor or account holder is perm it ted to make withdrawals by nego tiable or transferable instrument, payment orders of withdrawal, tele phone transfers, or other similar de vice for the purpose of making pay 8 ments or transfers to third persons or others. “Transaction account” in cludes: (1) demand deposits; (2) deposits or accounts subject to check, draft, negotiable order of withdrawal, share draft, or other sim ilar item; (3) savings deposits or accounts in which withdrawals may be made automatically through payment to the depository institution itself or through transfer of credit to a de mand deposit or other account in order to cover checks or drafts drawn upon the institution or to maintain a specified balance in, or to make periodic transfers to, such accounts (automatic transfer ac counts); (4) deposits or accounts in which payments may be made to third p ar ties by means of an automated teller machine, remote service unit or other electronic device; and (5) deposits or accounts in which payments may be made to third p ar ties by means of a debit card; (6) deposits or accounts under the terms of which, or which by practice of the depository institution, the depositor is permitted or autho rized to make more than three with drawals per month for purposes of transferring funds to another account or for making a payment to a third party by means of preauthorized or telephone agreement, order or in struction. An account that permits or authorizes more than three such withdrawals in a calendar month, or statement cycle (or similar period) of at least four weeks, is a “transaction account” whether or not more than three such withdrawals actually are made during such period. A “pre authorized transfer” includes any ar rangement by the depository institu tion to pay a third party from the account of a depositor upon written or oral instruction (including an order received through an automated clearing house (ACH)), or any a r rangement by a depository institution to pay a third party from the ac count of the depositor at a predeter mined time or on a fixed schedule. An account is not a “transaction ac count” by virtue of an arrangement that permits withdrawals for the p u r pose of repaying loans and associated expenses at the same depository in stitution (as originator or servicer). (fXl) “Nonpersonal time deposit” means: (i) a time deposit, including a savings deposit, that is not a transac tion account, representing funds in which any beneficial interest is held by a depositor which is not a natural person; (ii) a time deposit including a savings deposit that is not a transac tion account, that represents funds deposited to the credit of a depositor that is not a natural person, other than a deposit to the credit of a trustee or other fiduciary if the en tire beneficial interest in the deposit is held by one or more natural per sons; (iii) a time deposit that is transferable, except a time deposit originally issued before October 1, 1980, to and held by one or more natural persons, including a deposit to the credit of a trustee or other fi duciary if the entire beneficial in terest in the deposit is held by one or more natural persons; (iv) a time deposit that is transferable, issued on or after Oc tober 1, 1980, to and held by one or more natural persons, including a deposit to the credit of a trustee or other fiduciary if the entire beneficial interest is held by one or more n at ural persons. A time deposit is trans ferable unless it contains a specific statement on the certificate, instru ment, passbook, statement or other form representing the account that it is not transferable. A time deposit that contains a specific statement that it is not transferable is not regarded as transferable even if the following transactions can be ef fected: a pledge as collateral for a loan; a transaction that occurs due to circumstances arising from death, incompetency, marriage, divorce, at tachment or otherwise by operation of law or a transfer on the books or records of the institution; and (h) “Eurocurrency liabilities” means: (1) For a depository institution or an Edge or Agreement Corporation or ganized under the laws of the United States, the sum, if positive, of the following: (i) net balances due to its non United States offices and its inter national banking facilities (“IBFs”) from its United States offices; eign branch, office, subsidiary, affili ate or other foreign establishment (“foreign affiliate”) controlled by one or more domestic corporations is not regarded as credit extended to a United States resident if the proceeds will be used to finance the operations outside the United States of the borrower or of other foreign affiliates of the con trolling domestic corporation(s). (2) For a United States branch or agency of a foreign bank, the sum, if positive, of the following: (ii) (A) for a depository insti (i) net balances due to its for tution organized under the laws of the eign bank (including offices thereof United States, assets (including par (v) a time deposit represented located outside the United States) and ticipations) acquired from its United by a promissory note, an acknowl its international banking facility after States offices and held by its non edgment of advance, or a similar deducting an amount equal to 8 per United States offices, by its IBF, or by obligation described in section cent of the following: the United non-United States offices of an affili 204.2(aXlXvii) that is issued to any States branch’s or agency’s total assets ated Edge or Agreement Corporation;' office located outside the United less the sum of (A) cash items in pro or States of another depository institu cess of collection; (B) unposted debits; tion or Edge or Agreement Corpora (C) demand balances due from deposi (B) for an Edge or Agree tion organized under the laws of the tory institutions organized under the ment Corporation, assets (including United States, to any office located laws of the United States and from participations) acquired from its outside the United States of a foreign other foreign banks; (D) balances due United States offices and held by its bank, or to institutions whose time from foreign central banks; and (E) non-United States offices, by its IBF, deposits are exempt from interest positive net balances due from its IBF, by non-United States offices of its rate limitations under section 217.3(g) its foreign bank, and the foreign U.S. or foreign parent institution, or of Regulation Q (12 CFR 217.3(g)). bank’s United States and non-United by non-United States offices of an af States offices; and filiated Edge or Agreement Cor (2) “ Nonpersonal time deposit” poration;' and does not include nontransferable time (ii) assets (including par deposits to the credit of or in which ticipations) acquired from the United (iii) credit outstanding from its the entire beneficial interest is held non-United States offices to United States branch or agency (other than as by an individual pursuant to an sets required to be sold by Federal or States residents (other than assets ac Individual Retirement Account or State supervisory authorities) and held quired and net balances due from its Keogh (H. R. 10) Plan under 26 by its foreign bank (including offices United States offices), except credit U.S.C. (I.R.C. 1954) §§ 408, 401, or thereof located outside the United extended (A) from its non-United nontransferable time deposits held by States), by its parent holding com States offices in the aggregate amount an employee as part of an unfunded of $100,000 or less to any United pany, by non-United States offices or deferred compensation plan establish States resident, (B) by a non-United an IBF of an affiliated Edge or ed pursuant to Subtitle D of the Agreement Corporation, or by its States office that at no time during the Revenue Act of 1978 (Pub. L No. IBFs.' computation period had credit out 95-600, 92 Stat. 2763) standing to United States residents ex (iXl) “Cash item in process of col ceeding $1 million, (C) to an inter lection” means: (g) “Natural person” means an in national banking facility, or (D) to an dividual or a sole proprietorship. The institution that will be maintaining re term does not mean a corporation serves on such credit pursuant to this (i) checks in the process of col owned by an individual, a partner lection, drawn on a bank or other Part. Credit extended from non-United depository institution that are payable ship or other association. States offices or from IBFs to a for *This subparagraph does not apply to assets (1) that were acquired before O ctober 7, 1979, or (2) that were acquired by an IBF from its establishing entity before the end of the fourth reserve compulation period after its establishment. 9 immediately upon presentation in the United States, including checks for warded to a Federal Reserve Bank in process of collection and checks on hand that will be presented for pay ment or forwarded for collection on the following business day; (ii) government checks drawn on the Treasury of the United States that are in the process of collection; and (iii) such other items in the process of collection, that are payable immediately upon presenta tion in the United States and that are customarily cleared or collected by depository institutions as cash items, including: (A) drafts payable through another depository institution; (B) redeemed bonds and coupons; (C) food coupons and certifi cates; (D) postal and other money orders, and traveler’s checks; (E) amounts credited to de posit accounts in connection with automated payment arrangements where such credits are made one business day prior to the scheduled payment date to insure that funds are available on the payment date; means the total amount of a deposi tory institution’s transaction accounts less the deductions allowed under the provisions of § 204.3. (kXl) “Vault cash” means United States currency and coin owned and held by a depository institution that may, at any time, be used to satisfy depositors’ claims. (2) “ Vault cash” includes United States currency and coin in transit to a Federal Reserve Bank or a corre spondent depository institution for which the reporting depository insti tution has not yet received credit, and United States currency and coin in transit from a Federal Reserve Bank or a correspondent depository institution when the reporting depos itory institution’s account at the Federal Reserve or correspondent bank has been charged for such shipment. (3) Silver and gold coin and other currency and coin whose nu mismatic or bullion value is substan tially in excess of face value is not vault cash for purposes of this Part. (1) “Pass-through account” means a balance maintained by a depository institution that is not a member bank, by a U.S. branch or agency of a foreign,bank, or by an Edge or Agreement Corporation, (1) in an in stitution that maintains required re serve balances at a Federal Reserve (F) commodity or bill of Bank, (2) in a Federal Home Loan lading drafts payable immediately Bank, (3) in the National Credit upon presentation in the United Union Administration Central Liq States; uidity Facility, or (4) in an institution that has been authorized by the (G) returned items and un Board to pass through required re posted debits; and serve balances if the institution. Fed eral Home Loan Bank, or National (H) broker security drafts. Credit Union Administration Central (2) “ Cash item in process of colLiquidity Facility maintains the funds in the form of a balance in a Fed lection” does not include items han eral Reserve Bank of which it is a dled as noncash collections and member or at which it maintains an credit card sales slips and drafts. account in accordance with rules and regulations of the board. (j) “Net transaction accounts” 10 (mXl) “Depository institution” means: (i) any insured bank as defined in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813(h)) or any bank that is eligible to apply to become an insured bank under section 5 of such Act (12 U.S.C. 1815); (ii) any savings bank or mutual savings bank as defined in section 3 of the Federal Deposit Insurance Act (12 U.S.C. § 1813(f), (g)); (iii) any insured credit union as defined in section 101 of the Federal Credit Union Act (12 U.S.C. 1752(7)) or any credit union that is eligible to apply to become an insured credit union under section 201 of such Act (12 U.S.C. § 1781); (iv) any member as defined in section 2 o f the Federal Home Loan Bank Act (12 U.S.C. 1422(4)); and (v) any insured institution as defined in section 401 of the National Housing Act (12 U.S.C. § 1724(a)) or any institution which is eligible to apply to become an insured institu tion under section 403 of such Act (12 U.S.C. 1726). (2) “ Depository institution” does not include international organiza tions such as the World Bank, the Inter-American Development Bank, and the Asian Development Bank. (n) “Member bank” means a depository institution that is a mem ber of the Federal Reserve System. (o) “Foreign bank” means any bank or other similar institution organized under the laws of any country other than the United States or organized under the laws of Puerto Rico, Guam, American Samoa, the Virgin Islands, or other territory or possession of the United States. (p) “De novo depository institution” means a depository institution that was not engaged in business on July 1, 1979, and is not the successor by merger or consolidation to a deposi tory institution that was engaged in business prior to the date of merger or consolidation. (q) “Affiliate” includes any cor poration, association, or other organization: (1) Of which a depository institu tion, directly or indirectly, owns or controls either a majority of the voting shares or more than 50 per cent of the numbers of shares voted for the election of its directors, trustees, or other persons exercising similar functions at the preceding election, or controls in any manner the election of a majority of its directors, trustees, or other persons exercising similar functions; (2) O f which control is held, directly or indirectly, through stock ownership or in any other manner, by the shareholders of a depository institution who own or control either a majority of the shares of such de pository institution or more than 50 per cent of the number of shares voted for the election of directors of such depository institution at the preceding election, or by trustees for the benefit of the shareholders of any such depository institution; (3) O f which a majority of its directors, trustees, or other persons exercising similar functions are direc tors of any one depository institution; or (4) Which owns or controls, di rectly or indirectly, either a majority of the shares of capital stock of a depository institution or more than 50 per cent of the number of shares voted for the election of directors, trustees or other persons exercising similar functions of a depository in stitution at the preceding election, or controls in any manner the election of a majority o f the directors, trustees, or other persons exercising similar functions of a depository in stitution, or for the benefit of whose shareholders or members all or sub stantially all the capital stock of a depository institution is held by trustees. (r) “United States” means the States of the United States and the District of Columbia. (s) “United States resident” means (1) any individual residing (at the time of the transaction) in the United States; (2) any corporation, partnership, association or other en tity organized in the United States (“domestic corporation” ); and (3) any branch or office located in the United States of any entity that is not organized in the United States. (t) “Any deposit that is payable only at an office located outside the United States” means (1) a deposit of a United States resident2 that is in a denomination of $100,000 or more, and as to which the depositor is en titled, under the agreement with the institution, to demand payment only outside the United States or (2) a de posit of a person who is not a United States resident2 as to which the deposi tor is entitled, under the agreement with the institution, to demand pay ment only outside the United States. SECTION 204.3—COMPUTATION AND MAINTENANCE (a) Maintenance of required reserves. A depository institution, a U.S. branch or agency o f a foreign bank, and an Edge or Agreement Cor poration shall maintain reserves against its deposits and Eurocurrency liabilities in accordance with the pro cedures prescribed in this section and section 204.4 and the ratios pre scribed in section 204.9. Penalties shall be assessed for deficiencies in required reserves in accordance with the provisions o f section 204.7. Every institution holding transaction ac counts or nonpersonal time deposits shall file a report of deposits each week with the Federal Reserve Bank of its District (see section 204.3(d) for the special rule for depository in stitutions with total deposits of less than $15 million) and any other re ports that the Board may requi 'e by rule, regulation or order. For p u r poses of this Part, the obligations of a majority owned (50% or more) U..S. subsidiary (except an Edge or Agree ment Corporation) of a depository institution shall be regarded as obli gations of the parent depository insti tution. (1) United States branches and agencies o f foreign banks. (i) A foreign b an k ’s United States branches and agencies oper ating within the same State and within the same Federal Reserve Dis trict shall prepare and file a report of deposits on an aggregated basis. (ii) United States branches and agencies of the same foreign bank shall, if possible, assign the low reserve tranche on transaction ac counts (§ 204.9(a)) to only one office or to a group of offices filing a sin gle aggregated report of deposits. If the low reserve tranche cannot be fully utilized by a single office or by a group of offices filing a single report of deposits, the unused por tion of the tranche may be assigned to other offices o f the same foreign bank untij the amount of the tranche or net transaction accounts is exhausted. The foreign bank shall determine this assignment deposit o f a foreign b ranc h, office, su b sid iary , affiliate o r o th e r foreign esta b lish m e n t ( “foreign affiliate'*) co n tro lled by on e o r m o re d o m estic co rp o ratio n s is not regarded as a deposit o f a U nited States resid en t if the funds serve a purpose in connection w ith its foreign o r international business o r th at o f o th e r fo reig n affiliates o f the controlling d om estic corporation(s). ii subject to the restriction that if a portion of the tranche is assigned to an office in a particular State, any unused portion must first be as signed to other offices located within the same State and within the same Federal Reserve District, that is, to other offices included on the same aggregated report of deposits. If necessary in order to avoid under utilization of the low reserve tranche, the allocation may be changed at the beginning of a calendar month. Under other circumstances, the low reserve tranche may be reallocated at the beginning of a calendar year. (2) porations. Edge and Agreement Cor (i) An Edge or Agreement Cor poration’s offices operating within the same State and within the same Federal Reserve District shall prepare and file a report of deposits on an aggregated basis. (ii) An Edge or Agreement Corporation shall, if possible, assign the low reserve tranche on transac tion accounts (§ 204.9(a)) to only one office or to a group of offices filing a single aggregated report of depos its. If the low reserve tranche cannot be fully utilized by a single office or by a group of offices filing a single report of deposits, the unused por tion of the tranche may be assigned to other offices of the same institu tion until the amount of the tranche is exhausted. An Edge or Agreement Corporation shall determine this as signment subject to the restriction that if a portion of the tranche is as signed to an office in a particular State, any unused portion must first be assigned to other offices located within the same State and within the same Federal Reserve District, that is, to other offices included on the same aggregated report of deposits. If necessary in order to avoid under utilization of the low reserve tranche, the allocation may be changed at the beginning of a calendar month. Under other circumstances, the low 12 reserve tranche may be reallocated at the beginning of a calendar year. a different month to report during each calendar quarter. (b) Form of reserves. Reserves shall be held in the form of (i) vault cash, (ii) a balance maintained directly with the Federal Reserve Bank in the District in which it is located, or (iii) a pass-through account. Reserves held in the form of a pass-through account shall be considered to be a balance maintained with the Federal Reserve., (2) Required reserves are com puted on the basis of the depository institution's daily average deposit balances during the seven-day com putation period. In determining the reserve balance that a depository in stitution is required to maintain with the Federal Reserve, the average dai ly vault cash held during the com putation period is deducted from the amount of the institution’s required reserves. The reserve balance that is required to be maintained with the Federal Reserve shall be maintained during a corresponding period that begins on the fourth Thursday following the end of the institution’s computation period and ends on the third Wednesday after the close of the institution’s next computation period. Such reserve balance shall be maintained in the amount required on a daily average basis during each week of the quarterly reserve maintenance period. (c) Computation of required reserves. Required reserves are com puted on the basis of the daily aver age deposit balances during a sevenday period ending each Wednesday (the “ computation period” ). Reserve requirements are computed by apply ing the ratios prescribed in section 204.9 to the classes of deposits and Eurocurrency liabilities of the institu tion. In determining the reserve bal ance that is required to be m ain tained with the Federal Reserve, the average daily vault cash held during the computation period is deducted from the amount of the institution’s required reserves. The reserve bal ance that is required to be m ain tained with the Federal Reserve shall be maintained during a correspond ing seven-day period (the “m ainten ance period” ) which begins on the second Thursday following the end of a given computation period. (d) Special rule for depository in stitutions that have total deposits of less than $15 million. (3) A depository institution that has less than $15 million in total deposits as of December 31, 1979, shall qualify under this paragraph until it reports total deposits of $15 million or more for two consecutive calendar quarters. The Board may re quire any depository institution that is experiencing above normal growth to report on a weekly basis prior to re porting $15 million or more in total deposits for two consecutive calendar quarters. (4) A depository institution that (1) A depository institution with qualifies under this paragraph may total deposits of less than $15 elect at the beginning of a calendar million shall file a report of deposits year to report deposits and maintain once each calendar quarter for a reserves on a weekly basis. seven-day computation period that begins on the third Thursday of a (5) This paragraph shall not ap given month during the calendar ply to an Edge or Agreement Corpo quarter. Each Reserve Bank shall ration or a United States branch or divide the depository institutions in agency of a foreign bank. its District that qualify under this (e) Computation of transaction ac paragraph into three substantially counts. Overdrafts in demand deposit equal groups and assign each group or other transaction accounts are not to be treated as negative demand de posits or negative transaction ac counts and shall not be netted since overdrafts are properly reflected on an institution’s books as assets. However, where a customer m ain tains multiple transaction accounts with a depository institution, over drafts in one account pursuant to a bona fide cash management arrange ment are permitted to be netted against balances in other related transaction accounts for reserve re quirement purposes. (f) Deductions allowed in com puting reserves. (1) In determining the reserve balance required under this Part, the amount of cash items in process of collection and balances subject to immediate withdrawal due from other depository institutions located in the United States (including such amounts due from United States branches and agencies of foreign banks and Edge and Agreement Cor porations) may be deducted from the amount of gross transaction ac counts. The amount that may be de ducted may not exceed that amount o f gross transaction accounts. How ever, if a depository institution m ain tains any transaction accounts that are first authorized under Federal law after April 1, 1980, it may de duct from these balances cash items in process of collection and balances subject to immediate withdrawal due from other depository institutions located in the United States only to the extent of the proportion that such newly authorized transaction ac counts are of the institution’s total transaction accounts. The remaining cash items in process of collection and balances subject to immediate withdrawal due from other depository institutions located in the United States shall be deducted from the in stitution’s remaining transaction ac counts. (2) United States branches and agencies of a foreign bank may not deduct balances due from another United States branch or agency of the same foreign bank, and United States offices of an Edge or Agree ment Corporation may not deduct balances due from another United States office of the same Edge Cor poration. (3) Balances “due fom other de pository institutions” do not include balances due from Federal Reserve Banks, pass-through accounts, or balances (payable in dollars or other wise) due from banking offices lo cated outside the United States. An institution exercising fiduciary powers may not include in “balances due from other depository institutions” amounts of trust funds deposited with other banks and due to it as a trustee or other fiduciary. (g) Availability of cash items as reserves. Cash items forwarded to a Federal Reserve Bank for collection and credit shall not be counted as part o f the reserve balance to be car ried out with the Federal Reserve until the expiration of the time specified in the appropriate time schedule established under Regula tion J, “Collection of Checks and Other Items and Transfers of Funds” (12 CFR Part 210). If a depos itory institution draws against items before that time, the charge will be made to its reserve account if the balance is sufficient to pay it; any resulting impairment of reserve bal ances will be subject to the penalties provided by law and by this Part. However, the Federal Reserve Bank may, at its discretion, refuse to per mit the withdrawal or other use of credit given in a reserve account for any time for which the Federal Re serve bank has not received payment in actually and finally collected funds. (h) Carryover of deficiencies. Any excess or deficiency in a required reserve balance for any maintenance period that does not exceed 2 per cent of institution’s required reserves shall be carried forward to the next maintenance period. Any carryover not offset during the next period may not be carried forward to addi tional periods. (i) Pass-through rules. (1) Procedure (i) A nonmember depository in stitution required to maintain reserve balances (“respondent” ) may select only one institution to pass through its required reserves. Eligible institu tions through which respondent re quired reserve balances may be passed (“correspondents” ) are Fed eral Home Loan Banks, the National Credit Union Administration Central Liquidity Facility, and depository in stitutions that maintain required re serves at a Federal Reserve office. In addition, the Board reserves the right to permit other institutions, on a case-by-case basis, to serve as pass through correspondents. The corre spondent chosen must subsequently pass through the required reserve balances o f its respondents directly to the appropriate Federal Reserve office. The correspondent placing funds with the Federal Reserve on behalf of respondents will be respon sible for reserve account maintenance as described in subparagraphs (3) and (4) below. (ii) Respondent depository in stitutions or pass-through correspon dents may institute, terminate, or change pass-through arrangements for the maintenance o f required re serve balances by providing all docu mentation required for the establish ment of the new arrangement and/or termination o f the existing arrange m ent to the Federal Reserve Bank in whose territory the respondent is lo cated. The time period required for such a change to be effected shall be specified by each Reserve Bank in its operating circular. 13 (iii) U.S. branches and agencies territory in which the main office of of foreign banks and Edge and Agree the correspondent is located shall ment Corporations may (a) act as pass have the option of maintaining such through correspondents for any non required reserve balances in one of member institution required to maintain two ways: (a) A correspondent may reserves or (b) pass their own required maintain such balances along with reserve balances through correspon the correspondent’s own required re dents. In accordance with the provision serve balances in a single comming set forth in subparagraph (3) below, the led account at the Federal Reserve U.S. branches and agencies of a foreign Bank office in whose territory the bank or offices of an Edge and Agree correspondent’s main office is lo ment Corporation filing a single aggre cated; or (b) A correspondent may gated report of deposits may designate maintain its own required reserve any one of the other U.S. offices of the balance in an account with the Fed same institution to serve as a pass eral Reserve Bank office in whose through correspondent for all of the of territory its main office is located. fices filing such a single aggregated The correspondent, in addition, report of deposits. would maintain in a separate com mingled account the required reserve (2) Reports balances passed through for respondents whose main office is (i) Every depository institution located in the same Federal Reserve that maintains transaction accounts territory as that of the main office of or non personal time deposits is re the correspondent. quired to file its report of deposits (or any other required form or state (ii) A correspondent that passes ment) directly with the Federal Re through required reserve balances of serve Bank of its District, regardless respondents whose main offices are of the manner in which it chooses to located outside the Federal Reserve maintain required reserve balances. territory in which the main office of the correspondent is located shall (ii) The Federal Reserve Bank maintain such required reserve bal receiving such reports shall notify the ances in a separate commingled ac reporting depository institution of its count at each Federal Reserve office reserve requirements. Where a pass in whose territory the main offices of through arrangement exists, the Re such respondents are located. serve Bank will also notify the cor (iii) A Reserve Bank may, at its respondent passing respondent re discretion, require a pass-through serve balances through to the Federal correspondent to consolidate in a Reserve of its respondent’s required single account the reserve balances of reserve balances. all of its respondents whose main of fices are located in any territory of (iii) the Federal Reserve will that Federal Reserve District. not hold a correspondent responsible for guaranteeing the accuracy of the reports of deposits submitted by its re spondents to their local Federal Re serve Bank. (4) Responsibilities o f Parties (i) Each individual depository institution is responsible for m ain taining its required reserve balance (3) Account Maintenance with the Federal Reserve Bank either directly or through a pass-through (i) A correspondent that passes correspondent. through required reserve balances of respondents whose main offices are (ii) A pass-through correspon located in the same Federal Reserve dent shall be responsible for assuring 14 the maintenance o f the appropriate aggregate level of its respondents’ re quired reserve balance. A Reserve Bank will compare the total reserve balance required to be maintained in each reserve account with the total actual reserve balance held in such reserve accounts for purposes of de termining required reserve deficien cies, imposing or waiving penalties for deficiencies in required reserves, and for other reserve maintenance purposes. A penalty for a deficiency in the aggregate level of the required reserve balance will be imposed by the Reserve Bank on the correspon dent maintaining the account. (iii) Each correspondent is re quired to m aintain detailed records for each of its respondents in a m an ner that permits Reserve Banks to determine whether the respondent has provided a sufficient required re serve balance to the correspondent. A correspondent passing through a respondent’s reserve balance shall maintain records and make such re ports as the Federal Reserve System requires in order to insure the corre spondent’s compliance with its re sponsibilities for the maintenance of a respondent’s reserve balance. Such records shall be available to the Fed eral Reserve Banks as required. (iv) The Federal Reserve Bank may terminate any pass-through rela tionship in which the correspondent is deficient in its recordkeeping or other responsibilities. (v) Interest paid on supplemen tal reserves (if such reserves are re quired under section 204.6 of this Part) held by respondent(s) will be credited to the commingled reserve account(s) maintained by the corre spondent. (5) Services (i) A depository institution maintaining its reserve balances on a pass-through basis may obtain avail able Federal Reserve System services directly from its local Federal Re serve office. For this purpose, the pass-through account in which a re spondent’s required reserve balance is maintained may be used by the respondent for the posting of entries arising from transactions involving the use of such Federal Reserve ser vices, if the posting of these types of transactions has been authorized by the correspondent and the Federal Reserve. For example, access to the wire transfer, securities transfer, and settlement services that involve charges to the commingled reserve account at the Reserve Bank will require authorization from the cor respondent and the Reserve Bank for the type of transaction that is occurring. (ii) In addition, in obtaining Federal Reserve services, respondents maintaining their required reserves on a pass-through basis may choose to have entries arising from the use of Federal Reserve services posted to: (a) with the prior authorization of all parties concerned, the reserve account maintained by any institution at a Federal Reserve Bank, or (b) an account maintained for clearing pur poses at a Federal Reserve Bank by the respondent. (iii) Accounts at Federal Re serve Banks consisting only of re spondents’ reserve balances that are passed through by a correspondent to a Federal Reserve Bank may be used only for transactions of respon dents. A correspondent will not be permitted to use such pass-through accounts for purposes other than serving its respondents’ needs. (iv) A correspondent may not apply for Federal Reserve credit on behalf of a respondent. Rather, a respondent should apply directly to its Federal Reserve Bank for credit. Any Federal Reserve credit obtained by a respondent may be credited, at the respondent’s option and with the approval of the parties concerned, to the reserve account in which its re quired reserves are maintained by a correspondent, to a clearing account maintained by the respondent, or to any account to which the respondent is authorized to post entries arising from the use of Federal Reserve ser vices. SECTION 204.4—TRANSITIONAL ADJUSTMENTS The following transitional ad justments for computing Federal Reserve requirements shall apply to all member and nonmember deposi tory institutions, except for reserves imposed under sections 204.5 and 204.6. (a) Nonmembers. Except as pro vided below, the required reserves of a depository institution that was en gaged in business on July 1, 1979, but was not a member o f the Fed eral Reserve System on or after that date shall be determined by reducing the amount of required reserves com puted under section 204.3 in accor dance with the following schedule: Reserve maintenance periods occurring between November, 13, 1980 to September 2, 1981 September 3, 1981 to September 1, 1982 September 2, 1982 to August 31, 1983 September 1, 1983 to September 5, 1984 September 6, 1984 to September 4, 1985 September 5, 1985 to September 3, 1986 September 4, 1986 to September 2, 1987 September 3, 1987 forward % that computed re serves will be reduced However, an institution shall not reduce the amount of required re serves on any category of deposits or accounts that are first authorized under Federal law in any State after April 1, 1980. (b) Members and former members. The required reserves of any deposi tory institution th at is a member bank on September 1, 1980, or was a member bank on or after July 1, 1979 and withdrew from membership before March 31, 1980, or withdraws from membership on or after March 31, 1980, shall be determined as follows: (1) A depository institution whose required reserves are higher using the reserve ratios in effect dur ing a given computation period (§ 204.9(a)) than its required reserves using the reserve ratios in effect on August 31, 1980 (§ 204.9(b)) (without regard to required reserves on any cat egory of deposits or accounts that are first authorized under Federal law in any State after April 1, 1980): (i) shall maintain the full amount of required reserves on any category of deposits or accounts that are first authorized under Federal law in any State after April 1, 1980; and 87.5 75 62.5 50 37.5 25 12.5 0 (ii) shall reduce the amount of its required reserves on all other de posits computed under section 204.3 by an amount determined by multi plying the amount by which required reserves computed under section 204.3 exceed the amount of required reserves computed using the reserve ratios that were in effect on August 31, 1980 (§ 204.9(b)), times the appropriate percentage specified below in accor dance with the following schedule: 15 Reserve maintenance periods occurring between November 13, 1980 to September 2, 1981 September 3, 1981 to September 1, 1982 September 2, 1982 to August 31, 1983 September 1, 1983 forward % applied to difference to compute amount to be subtracted 75 50 25 0 (2) A depository institution whose required reserves are lower using the reserve ratios in effect dur ing a given computation period (§ 204.9(a)) than its required reserves computed using the reserve ratios in effect on August 31, 1980 (§ 204.9(b)) (without regard to required reserves on any category of deposits or accounts that are first authorized under Federal law in any State after April 1, 1980): September 3, 1981 to March 3, 1982 March 4, 1982 to September 1, 1982 September 2, 1982 to March 2, 1983 March 3, 1983 to August 31, 1983 September 1, 1983 to February 29, 1984 March 1, 1984 forward 62.5 50 37.5 25 12.5 0 (c) Certain nonmembers and branches and agencies of foreign banks. The required reserves of a nonmember depository institution that was not engaged in business on or before July 1, 1979, but com menced business between July 2, 1979, and September 1, 1980, and any United States branch or agency of a foreign bank with total world wide consolidated bank assets in ex cess of $1 billion shall be determined by reducing the amount of its re (i) shall maintain the full amount quired reserves computed under sec of required reserves on any category of tion 204.3 in accordance with the deposits or accounts that are first au following schedule: thorized under Federal law in any State after April 1, 1980; and % that Reserve maintenance computed re periods occurring serves will be (ii) shall increase the amount between reduced of its required reserves on all other deposits computed under section November 13, 1980 to 204.3 by an amount determined by 87.5 February 11, 1981 multiplying the amount by which re February 12 to quired reserves computed using the May 13, 1981 75.0 reserve ratios that were in effect on May 14 to August 31, 1980 (§ 204.8(b)), exceed 62.5 August 12, 1981 the amount of required reserves com August 13 to puted under section 204.3, times the 50.0 November 11, 1981 appropriate percentage specified November 12, 1981 to below in accordance with the follow February 10, 1982 37.5 ing schedule: February 11 to May 12, 1982 25.0 % applied to May 13 to difference to 12.5 August 11, 1982 Reserve maintenance compute August 12, 1982 periods occurring amount 0 forward between to be added However, an institution shall not November 13, 1980 to reduce the amount o f required re September 2, 1981 75 serves on any category of deposits or 16 accounts that are first authorized under Federal law in any State after April 1, 1980. An additional United States branch or agency of a foreign bank operating a branch or agency in the United States as of September 1, 1980, shall be entitled only to the remaining phase-in available to the existing U.S. branch or agency. (d) New members. The required re serves of a nonmember depository in stitution that was engaged in busi ness but was not a member bank during the period between July 1, 1979 and September 1, 1980, inclu sive, and which becomes a member of the Federal Reserve System after September 1, 1980, shall be deter mined under paragraph (a) or (c), as applicable, as if it had remained a nonmember and adding to this amount an amount determined by multiplying the difference between its required reserves computed using the ratios specified in § 204.9(a) and its required reserves computed as if it had remained a nonmember times the percentage specified below in ac cordance with the following schedule: M aintenance periods occurring during suc cessive quarters after becoming a member bank 1 2 3 4 5 6 7 8 and succeeding % applied to difference to compute am ount to be added 12.5 25.0 37.5 50.0 62.5 75.0 87.5 100.0 (e) De novo institutions. (1) The required reserves of any depository in stitution that was not engaged in busi ness on September 1, 1980, shall be computed under section 204.3 in ac cordance with the following schedule: Maintenance periods occurring during suc cessive quarters after entering into business 1 2 3 4 5 6 7 8 and succeeding % o f reserve requirement to be main tained 40 45 50 55 65 75 85 after such date shall not maintain re serves imposed under this part against deposits held or maintained at its of fices located in Hawaii until January 2, 1986. Beginning January 2, 1986, the required reserves on deposits held or maintained at offices located in Hawaii of such a depository institution shall be determined by reducing the amount of required reserves under § 201.3 in accordance with the following schedule: amount determined by multiplying the amount by which the required reserves during the computation pe riod immediately preceding the date of the merger (computed as if the depository institutions had merged) exceeds the sum of the actual re quired reserves of each depository in stitution during the same com puta tion period, times the appropriate percentage as specified in the follow ing schedule: 100 This paragraph shall also apply to a United States branch or agency of a foreign bank if such branch or agency is the foreign ban k ’s first of fice in the United States. Additional branches or agencies of such a for eign bank shall be entitled only to the remaining phase-in available to the initial office. (2) Notwithstanding subparagraph (1), the required reserves of any de pository institution that: (i) was not engaged in business on November 18, 1981; and (ii) has $50 million or more in daily average total transaction ac counts, nonpersonal time deposits and Eurocurrency liabilities for any com putation period after commencing business shall be 100 percent of the required re serves computed under section 204.3 starting with the maintenance period that begins eight days after the com putation period during which such in stitution has daily average total trans action accounts, nonpersonal time de posits and Eurocurrency liabilities of $50 million or more. (f) Nonmember depository insti tutions with offices in Hawaii. Any depository institution that, on August I, 1978, was engaged in business as a depository institution in Hawaii, and was not a member of the Federal Reserve System at any time on or Maintenance periods occurring between January 2 to December 31, 1986 January 1, 1987 to January 6, 1988 January 7, 1988 to January 4, 1989 January 5, 1989 to January 3, 1990 January 4, 1990 to January 2, 1991 January 3, 1991 to January 1, 1992 Janaury 2, 1992 to January 6, 1993 January 7, 1993 forward % that com pared re serves will be reduced 87.5 75 62.5 50 % applied to difference to M aintenance periods compute occurring during quar■ terly periods following amount to be subtracted merger 1 2 3 4 5 6 7 8 and succeeding 87.5 75.0 62.5 50.0 37.5 25.0 12.5 0 37.5 25 12.5 0 (g) Mergers and consolidations. The following rules concerning transi tional adjustments apply to mergers and consolidations of depository in stitutions. (1) Where all depository institu tions involved in a merger or con solidation are subject to the same paragraph of the transitional adjust ment rules contained in paragraphs (a) through (f) of this section during the reserve computation period im mediately preceding the merger, the surviving institution shall continue to compute its transitional adjustment of required reserves under such ap plicable paragraph, except that the amount of reserves which shall be maintained shall be reduced by an (2) (i) Where the depository in stitutions involved in a merger or consolidation are not subject to the same paragraph of the transitional adjustment rules contained in para graphs (a) through (f) of this section and such merger or consolidation occurs: (A) on or after July 1, 1979, between a nonmember bank and a bank that was a member bank on or after July 1, 1979, and the survivor is a nonmember bank; (B) on or after March 31, 1980, between a member bank and a nonmember bank and the survivor is a member bank; or (C) on or after September 1, 1980, between any other depository institutions, the required reserves of the surviving institution shall be computed by allo cating its deposits, Eurocurrency lia17 bilities, other reservable claims, bal ances due from other depository insti tutions and cash items in process of collection to each depository insti tution involved in the merger trans action and applying to such amounts the transitional adjustment rule of paragraphs (a) through (f) of this sec tion to which each such depository in stitution was subject during the reserve computation period immediately prior to the merger or consolidation. (ii) the deposits of the surviving institution shall be allocated accord ing to the ratio that daily average total required reserves of each depos itory institution involved in the m er ger were to the sum of daily average total required reserves of all institu tions involved in the merger or con solidation during the reserve compu tation period immediately preceding the date of the merger. (A) If the merger occurs be fore November 6, 1980, such ratio of daily average total required reserves shall be computed using the reserve requirement ratios in section 204.9(b). (B) If the merger occurs on or after November 6, 1980, such ratio of daily average total required reserves shall be computed using the reserve requirement ratios in section 204.9(a) without regard to the tran sitional adjustments o f this section. (iii) The low reserve tranche on transaction accounts (section 204.9(a)) shall be allocated to each institution involved in the merger or consolida tion using the ratio computed in sub paragraph (2)(ii) and the reserve re quirement tranches on demand deposits (section 204.9(b)) shall be allocated to member bank deposits using such ratio of daily average total required reserves. (iv) The vault cash of the sur viving depository institution also will be allocated to each institution in 18 volved in the merger or consolidation according to the ratio that daily average total required reserves of each depository institution involved in the merger was to the sum of daily average total required reserves of all institutions involved in the merger or consolidation during the reserve computation period immediately preceding the date of the merger. this section shall be valid for a period not exceeding 180 days, and may be extended for further periods of up to 180 days each by affirm ative action of at least five members of the Board for each extension. (c) Reports to Congress. The Board shall transmit promptly to Congress a report of any exercise of its au thority under this paragraph and the (v) The amount of reserves reasons for the exercise of authority. which shall be maintained shall be (d) Reserve Requirements. At pres reduced by an amount determined by ent, there are no emergency reserve multiplying the amount by which the requirements imposed under this required reserves during the com pu section. tation period immediately preceding the date o f the merger (computed as SECTION 204.6— SUPPLEMENTAL if the depository institutions had RESERVE REQUIREMENT merged exceed the sum of the actual required reserves of each depository (a) Finding by Board. Upon the af institution during the same com puta firmative vote of at least five mem tion period, times the appropriate bers of the Board and after consulta percentage as specified in the follow tion with the Board o f Directors of ing schedule: the Federal Deposit Insurance Corpo % applied to ration, the Federal Home Loan Bank Maintenance periods difference to Board, and the National Credit occurring during quar• compute Union Administration Board, the terly periods following amount to be Board may impose a supplemental merger subtracted reserve requirement on every depos itory institution of not more than 4 1 87.5 per cent o f its total transaction ac 2 75.0 counts. A supplemental reserve re 3 62.5 quirement may be imposed if: 4 50.0 5 37.5 (1) the sole purpose of the re 6 25.0 quirement is to increase the amount 7 12.5 of reserves maintained to a level 8 and succeeding 0 essential for the conduct of monetary policy; SECTION 204.5—EMERGENCY RESERVE REQUIREMENT (a) Finding by Board. The Board may impose, after consulting with the appropriate committees of Con gress, additional reserve requirements on depository institutions at any ratio on any liability upon a finding by at least five members of the Board that extraordinary circumstances require such action. (b) Term. Any action taken under (2) the requirement is not im posed for the purpose of reducing the cost burdens resulting from the imposition of basic reserve re quirements; (3) such requirement is not im posed for the purpose of increasing the amount of balances needed for clearing purposes; and (4) on the date on which supple mental reserve requirements are im posed, the total amount of basic re serve requirements is not less than the amount of reserves that would be required on transaction accounts and nonpersonal time deposits under the initial reserve ratios established by the Monetary Control Act of 1980 (Pub. L 96-221) in effect on September 1, 1980. (b) Term. (1) If a supplemental reserve requirement has been imposed for a period of one year or more, the Board shall review and determine the need for continued maintenance of supplemental reserves and shall transm it annual reports to the Con gress regarding the need for continu ing such requirement. (2) Any supplemental reserve re quirement shall term inate at the close of the first 90-day period after the requirement is imposed during which the average am ount of supple mental reserves required are less than the amount of reserves which would be required if the ratios in effect on September 1, 1980, were applied. (c) Earnings Participation Account. A depository institution’s supplemen tal reserve requirement shall be maintained by the Federal Reserve Banks in an Earnings Participation Account. Such balances shall receive earnings to be paid by the Federal Reserve Banks during each calendar quarter at a rate not to exceed the rate earned on the securities portfolio of the Federal Reserve System during the previous calendar quarter. Addi tional rules and regulations may be prescribed by the Board concerning the payment of earnings on Earnings Participation Accounts by Federal Reserve Banks. (d) Report to Congress. The Board shall transmit promptly to the Con gress a report stating the basis for ex ercising its authority to require a sup plemental reserve under this section. (e) Reserve requirements. At pres ent, there are no supplemental re serve requirements imposed under this section. SECTION 204.7—PENALTIES (a) Penalties for Deficiencies. (1) Assessment o f Penalties. Deficiencies in a depository institu tion’s required reserve balance, after application of the 2 per cent carry over provided in section 204.3(h) are subject to penalties. Federal Reserve Banks are authorized to assess penal ties for deficiencies in required re serves at a rate of 2 per cent per year above the lowest rate in effect for borrowings from the Federal Reserve Bank on the first day of the calendar month in which the defi ciencies occurred. Penalties shall be assessed on the basis of daily average deficiencies during each computation period. Reserve Banks may, as an alternative to levying monetary penalties, after consideration of the circumstances involved, permit a depository institution to eliminate de ficiencies in its required reserve bal ance by maintaining additional re serves during subsequent reserve maintenance periods. (2) Waivers, (i) Reserve Banks may waive the penalty for reserve de ficiencies except when the deficiency arises out of a depository institution’s gross negligence or conduct that is inconsistent with the principles and purposes of reserve requirements. Each Reserve Bank has adopted guidelines that provide for waivers of small penalties. The guidelines also provide for waiving the penalty once during a two-year period for any de ficiency that does not exceed a cer tain percentage of the depository institution’s required reserves. Deci sions by Reserve Banks to waive pen alties in other situations are based on an evaluation of the circum stances in each individual case and the depository institution’s reserve maintenance record. If a depository institution has demonstrated a lack of due regard for the proper m ainte nance of required reserves, the Re serve Bank may decline to exercise the waiver privilege and assess all penalties regardless of amount or reason for the deficiency. (ii) In individual cases, where a Federal supervisory authority waives a liquidity requirement, or waives the penalty for failing to satisfy a liq uidity requirement, the Reserve Bank in the District where the involved de pository institution is located shall waive the reserve requirement im posed under this Part for such de pository institution when requested by the Federal supervisory authority involved. (b) Penalties for Violations. Violations of this Part may be sub ject to assessment of civil money penalties by the Board under author ity of section 19(1) of the Federal Reserve Act (12 U.S.C. § 505) as im plem ented in 12 CFR Part 263. In addition, the Board and any other Fed eral financial institution supervisory authority may enforce this Part with respect to depository institutions sub ject to their jurisdiction under author ity conferred by law to undertake cease and desist proceedings. SECTION 204.8—INTERNATIONAL BANKING FACILITIES (a) Definitions. For purposes o f this Part, the following definitions apply: (1) “International banking f a cility" or “IBF" means a set of asset and liability accounts segregated on the books and records of a depository institution, United States branch or agency of a foreign bank, or an Edge or Agreement Corporation that in cludes only international banking fa cility time deposits and international banking facility extensions of credit. 19 (2) "International banking f a cility time deposit" or “IBF time de posit" means a deposit, placement, borrowing or similar obligation rep resented by a promissory note, ac knowledgment of advance, or similar instrument that is not issued in nego tiable or bearer form, and (i) (A) that must remain on deposit at the IBF at least overnight; and (B) that is issued to (1) any office located out side the United States of another de pository institution organized under the laws of the United States or of an Edge or Agreement Corporation; (2) any office located out side the United States of a foreign bank; (3) a United States office or a non-United States office of the entity establishing the IBF; (4) another IBF; or (5) an institution whose time deposits are exempt from interest rate limitations under section 217.3(g) of Regulation Q (12 CFR 217.3(g)); or (ii) (A) that is payable (1) on a specified date not less than two business days after the date of deposit; (2) upon expiration o f a specified period of time not less than two business days after the date of de posit; or (3) upon written notice that actually is required to be given by the depositor not less than two busi ness days prior to the date of withdrawal; States resident or a foreign branch, of fice, subsidiary, affiliate, or other for eign establishment (“foreign affiliate”) controlled by one or more domestic corporations provided that such funds are used only to support the operations outside the United States of the depos itor or of its affiliates located outside the United States; and that the funds are used only to finance the operations outside the United States of the borrower or of its affili ates located outside the United States. (iii) a United States or a non United States office of the institution establishing the IBF; (d) Establishment of an inter national banking facility. A depository IBF shall provide written notice to each of its customers (other than those speci fied in § 204.8(a)(2)(i)(B) and § 204.8(a)(3)(i) through (v)) at the time (C) that is maintained under a deposit relationship or a credit re an agreement or arrangement under which no deposit or withdrawal of less lationship is first established that it is than $100,000 is permitted, except that the policy of the Board of Governors of the Federal Reserve System that depos a withdrawal of less than $100,000 is its received by international banking fa permitted if such withdrawal closes an cilities may be used only to support the account. depositor’s operations outside the United (3) “International banking f a States as specified in § 204.8(a)(2)(ii)(B) and that extensions of credit by IBFs cility extension o f credit" or “IBF may be used only to finance operations loan” means any transaction where an outside of the United States as specified IBF supplies funds by making a loan, in § 204.8(a)(3)(vi). In the case of loans or placing funds in a deposit account. to or deposits from foreign affiliates of Such transactions may be represented U.S. residents, receipt of such notice by a promissory note, security, ac must be acknowledged in writing when knowledgment of advance, due bill, ever a deposit or credit relationship is repurchase agreement, or any other first established with the IBF. form of credit transaction. Such credit may be extended only to (c) Exemption from reserve re (i) any office located outside quirements. An institution that is sub the United States of another depository ject to the reserve requirements of this institution organized under the laws of Part is not required to maintain reserves the United States or of an Edge or against its IBF time deposits or IBF Agreement Corporation; loans. Deposit-taking activities of IBFs are limited to accepting only IBF time (ii) any office located outside deposits and lending activities of IBFs the United States of a foreign bank; are restricted to making only IBF loans. (iv) another IBF; (v) an institution whose time deposits are exempt from interest rate limitations under section 217.3(g) of Regulation Q (12 CFR 217.3(g)); or (vi) a non-United States resident or a foreign branch, office, subsidiary, affiliate or other foreign establishment (B) that represents funds de (“foreign affiliate”) controlled by one or posited to the credit of a non-United more domestic corporations provided 20 (b) Acknowledgment of use of IBF deposits and extensions of credit. An institution, an Edge or Agreement Cor poration or a United States branch or agency of a foreign bank may establish an IBF in any location where it is legally authorized to engage in IBF business. However, only one IBF may be established for each reporting entity that is required to submit a Report of Transaction Accounts, Other Deposits and Vault Cash (Form FR 2900). (e) Notification to Federal Reserve. At least fourteen days prior to the first reserve computation period that an insti tution intends to establish an IBF it shall notify the Federal Reserve Bank of the district in which it is located of its in tent. Such notification shall include a statement of intention by the institution that it will comply with the rules of this Part concerning IBFs, including restric tions on sources and uses of funds, and recordkeeping and accounting re quirements. Failure to comply with the requirements of this Part shall subject the institution to reserve requirements under this Part and to interest payment limitations that may be applicable under Regulation Q (12 CFR Part 217) on its IBF time deposits, or result in the re vocation of the institution’s ability to operate an IBF. (f) Recordkeeping requirements. A depository institution shall segregate on its books and records the asset and liabi lity accounts of its IBF and submit re ports concerning the operations of its IBF as required by the Board. STATUTORY APPENDIX Section 19 of the Federal Reserve Act provides in part as follows: (a) The Board is authorized for the purposes of this section to define the terms used in this section, to deter mine what shall be deemed a pay ment of interest, to determine what types of obligations, whether issued directly by a member bank or in directly by an affiliate of a member bank or by other means, shall be deemed a deposit, and to prescribe such regulations as it may deem necessary to effectuate the purposes of this section and to prevent eva sions thereof. (b) Reserve Requirements.— (1) Definitions. The following definitions and rules apply to this subsection, subsection (c), section 11 A, the first paragraph of section 13, and the second, thirteenth, and fourteenth paragraphs of section 16: (A) the term ‘depository in stitution’ means— (i) any insured bank as de fined in section 3 of the Federal Deposit Insurance Act or any bank which is eligible to make application to become an insured bank under section 5 of such Act; (ii) any mutual savings bank as defined in section 3 of the Federal Deposit Insurance Act or any bank which is eligible to make application to become an insured bank under section 5 of such Act; (iii) any savings bank as defined in section 3 of the Federal Deposit Insurance Act or any bank which is eligible to make application to become an insured bank under section 5 of such Act; (iv) any insured credit union as defined in section 101 of the Federal Credit Union Act or any credit union which is eligible to make application to become an in sured credit union pursuant to sec tion 201 of such Act; (v) any member as defined in section 2 of the Federal Home Loan Bank Act; (vi) any insured institution as defined in section 401 of the Na tional Housing Act or any institution which is eligible to make application to become an insured institution under section 403 of such Act; and (vii) for the purpose of sec tion 13 and the fourteenth paragraph of section 16, any association or en tity which is wholly owned by or which consists only of institutions referred to in clauses (i) through (vi). (B) The term ‘b an k ’ means any insured or noninsured bank, as defined in section 3 of the Federal Deposit Insurance Act, other than a mutual savings bank or a savings bank as defined in such section. (C) The term ‘transaction account’ means a deposit or account on which the depositor or account holder is permitted to make with drawals by negotiable or transferable instrument, payment orders of with drawal, telephone transfers, or other similar items for the purpose of making payments or transfers to third persons or others. Such term includes demand deposits, negotiable order of withdrawal accounts, saving deposits subject to automatic trans fers, and share draft accounts. (D) The term ‘nonpersonal time deposits’ means a transferable time deposit or account or a time deposit or account representing funds deposited to the credit of, or in which any beneficial interest is held by, a depositor who is not a natural person. (E) In order to prevent eva sions of the reserve requirements im posed by this subsection, after con sultation with the Board of Directors of the Federal Deposit Insurance Corporation, the Federal Home Loan Bank Board, and the National Credit Union Administration Board, the Board of Governors of the Federal Reserve System is authorized to determine, by regulation or order, that an account or deposit is a transaction account if such account or deposit may be used to provide funds directly or indirectly for the purpose of making payments or transfers to third persons or others. (2) Reserve requirements. (A) Each depository institution shall maintain reserves against its transac tion accounts as the Board may pre scribe by regulation solely for the purpose of implementing monetary policy— (i) in the ratio of 3 per centum for that portion of its total transac tion accounts of $25,000,000 or less, 21 tracting the amount of such accounts essential for the conduct of monetary on June 30 of the calendar year in policy; volved from the amount of such ac (ii) in the ratio of 12 per cen counts on June 30 of the previous (ii) such requirement is not im tum, or in such other ratio as the calendar year. posed for the purpose of reducing Board may prescribe not greater the cost burdens resulting from the than 14 per centum and not less (D) Any reserve requirement imposition of the reserve require than 8 per centum, for that portion imposed under this subsection shall ments pursuant to paragraph (2); of its total transaction accounts in be uniformly applied to all transac excess of $25,000,000, subject to sub tion accounts at all depository in (iii) such requirement is not paragraph (C). stitutions. Reserve requirements im imposed for the purpose of increas posed under this subsection shall be (B) Each depository insti ing the amount of balances needed uniformly applied to nonpersonal tution shall maintain reserves against for clearing purposes; and time deposits at all depository in its nonpersonal time deposits in the stitutions, except that such re ratio of 3 per centum, or in such (iv) on the date on which the quirements may vary by the maturity other ratio not greater than 9 per supplemental reserve requirements is of such deposits. centum and not less than zero per imposed, the total amount of reserves centum as the Board may prescribe required pursuant to paragraph (2) is (3) Waiver of ratio limits in ex by regulation solely for the purpose not less than the amount of reserves traordinary circumstances. Upon a of implementing monetary policy. that would be required if the initial finding by at least 5 members of the ratios specified in paragraph (2) were Board that extraordinary circum (C) Beginning in 1981, not in effect. stances require such action, the later than December 31 of each year Board, after consultation with the the Board shall issue a regulation in (B) The Board may require appropriate committees of the Con creasing for the next succeeding the supplemental reserve authorized gress, may impose, with respect to calendar year the dollar amount under subparagraph (A) only after any liability of depository institutions, which is contained in subparagraph consultation with the Board of Direc reserve requirements outside the limi (A) or which was last determined tors of the Federal Deposit Insurance tations as to ratios and as to types pursuant to this subparagraph for Corporation, the Federal Home Loan of liabilities otherwise prescribed by the purpose of such subparagraph, Bank Board, and the National Credit paragraph (2) for a period not ex by an amount obtained by multiply Union Administration Board. The ceeding 180 days, and for further ing such dollar amount by 80 per Board shall promptly transm it to the periods not exceeding 180 days each centum of the percentage increase in Congress a report with respect to any by affirmative action by at least 5 the total transaction accounts of all exercise of its authority to require members of the Board in each in depository institutions. The increase supplemental reserves under subpara stance. The Board shall promptly in such transaction accounts shall be graph (A) and such report shall state determined by subtracting the transmit to the Congress a report of the basis for the determination to ex amount on such accounts on June 30 any exercise of its authority under ercise such authority. of the preceding calendar year from this paragraph and the reasons for the amount of such accounts on June such exercise of authority. 30 of the calendar year involved. In (C) The supplemental reserve the case of any such 12-month authorized under subparagraph (A) (4) Supplemental reserves. shallthebe maintained by the Federal period in which there has been a (A) The Board may, upon Reserve Banks in an Earnings Parti decrease in the total transaction ac affirmative vote of not less than 5 counts of all depository institutions, cipation Account. Except as provided members, impose a supplemental the Board shall issue such a regula reserve requirement on every in subsection (cXIXAXii), such Earn ings Participation Account shall tion decreasing for the next suc depository institution of not more receive earnings to be paid by the ceeding calendar year such dollar than 4 per centum of its total tra n Federal Reserve Banks during each amount by an amount obtained by saction accounts. Such supplemental calendar quarter at a rate not more multiplying such dollar am ount by reserve requirement may be imposed than the rate earned on the securi 80 per centum of the percentage only if— ties portfolio of the Federal Reserve decrease in the total transaction ac during the previous calendar counts of all depository institutions. (i) the sole purpose of such System re quarter. The Board may prescribe quirement is to increase the amount The decrease in such transaction ac rules and regulations concerning the of reserves maintained to a level counts shall be determined by sub subject to subparagraph (C); and 22 payment of earnings on Earnings Participation Accounts by Federal Reserve Banks under this paragraph. (D) If a supplemental reserve under subparagraph (A) has been re quired of depository institutions for a period of one year or more, the Board shall review and determine the need for continued maintenance of supplemental reserves and shall transmit annual reports to the Con gress regarding the need, if any, for continuing the supplemental reserve. (E) Any supplemental reserve imposed under subparagraph (A) shall terminate at the close of the first 90-day period after such re quirement is imposed during which the average amount of reserves re quired under paragraph (2) are less than the amount of reserves which would be required during such pe riod if the initial ratios specified in paragraph (2) were in effect. (5) Reserves related to foreign obligations or assets. Foreign branches, subsidiaries, and interna tional banking facilities of non member depository institutions shall maintain reserves to the same extent required by the Board of foreign branches, subsidiaries, and interna tional banking facilities of member banks. In addition to any reserves otherwise required to be maintained pursuant to this subsection, any de pository institution shall maintain re serves in such ratios as the Board may prescribe against— (A) net balances owned by domestic offices of such depository institution in the United States to its directly related foreign offices and to foreign offices of nonrelated deposi tory institutions; (B) loans to United States residents made by overseas offices of such depository institution if such depository institution has one or amounts equal to one-eighth o f those otherwise required by this subsection, during the second such twelve-month period in amounts equal to one(C) assets (including partici fourth of those otherwise required, pations) held by foreign offices of a during the third such twelve-month depository institution in the United period in amounts equal to threeStates which were acquired from its eighths of those otherwise required, domestic offices. during the fourth twelve-month period in amounts equal to one-half (6) Exemption for certain de of those otherwise required, and d u r posits. The requirements imposed ing the fifth twelve-month period in under paragraph (2) shall not apply amounts equal to five-eighths of to deposits payable only outside the those otherwise required, during the States of the United States and the sixth twelve-month period in amounts District of Columbia, except that equal to three-fourths of those other nothing in this subsection limits the wise required, and during the authority of the Board to impose seventh twelve-month period in conditions and requirements on amounts equal to seven-eighths of member banks under section 25 of those otherwise required. This sub this Act or the authority of the paragraph does not apply to any Board under section 7 of the Inter category of deposits or accounts national Banking Act of 1978 (12 which are first authorized pursuant U.S.C. 3105). to Federal law in any State after April 1, 1980. (7) Discount and borrowing. Any depository institution in which trans (B) With respect to any action accounts or nonpersonal time bank which was a member of the deposits are held shall be entitled to Federal Reserve System during the the same discount and borrowing entire period beginning on July 1, privileges as member banks. In the 1979, and ending on the effective administration of discount and bor date of the Monetary Control Act of rowing privileges, the Board and the 1980, the amount of required Federal Reserve Banks shall take reserves imposed pursuant to this into consideration the special needs subsection on and after the effective of savings and other depository in date of such Act that exceeds the stitutions for access to discount and amount of reserves which would have borrowing facilities consistent with been required of such bank if the their long-term asset portfolios and reserve ratios in effect during the the sensitivity of such institutions to reserve computation period im trends in the national money mediately preceding such effective markets. date were applied may, at the discre tion o f the Board and in accordance (8) Transitional adjustments. with such rules and regulations as it may adopt, be reduced by 75 per (A) Any depository in centum during the first year which stitution required to maintain begins after such effective date, 50 reserves under this subsection which per centum during the second year, was engaged in business on July 1, and 25 per centum during the third 1979, but was not a member of the year. Federal Reserve System on or after that date, shall maintain reserves (CXi) With respect to any against its deposits during the first bank which is a member of the twelve-month period following the ef Federal Reserve System on the effec fective date of this paragraph in tive date of the Monetary Control more offices in the United States; and 23 Act of 1980, the amount of reserves which would have been required of such bank if the reserve ratios in ef fect during the reserve computation period immediately preceding such effective date were applied that ex ceeds the amount of required reserves imposed pursuant to this subsection shall, in accordance with such rules and regulations as the Board may adopt, be reduced by 25 per centum during the first year which begins after such effective date, 50 per centum during the sec ond year, and 75 per centum during the third year. and ending on the day before the date of enactment of the Depository Institutions Deregulation and Monetary Control Act of 1980, shall maintain reserves beginning on such date of enactment in an amount equal to the amount of reserves it would have been required to m ain tain if it had been a member bank on such date of enactment. After such date of enactment, any such bank shall maintain reserves in the same amounts as member banks are required to maintain under this subsection, pursuant to sub paragraphs (B) and (CXi). (ii) If a bank becomes a (ii) Any bank which member bank during the four-year draws from membership in the period beginning on the effective Federal Reserve System on or after date of the Monetary Control Act of the date of enactment of the 1980, and if the amount of reserves Depository Institutions Deregulation which would have been required of and Monetary Control Act of 1980, such bank, determined as if the shall maintain reserves in the same reserve ratios in effect during the amount as member banks are re reserve computation period im quired to maintain under this mediately preceding such effective subsection, pursuant to sub date were applied, and as if such paragraphs (B) and (CXi). bank had been a member during such period, exceeds the amount of (E) This subparagraph reserves required pursuant to this applies to any depository institution subsection, the amount of reserves that, on August 1, 1978, (i) was en required to be maintained by such gaged in business as a depository insti bank beginning on the date on tution in a State outside the continental which such bank becomes a member limits of the United States, and (ii) of the Federal Reserve System shall was not a member of the Federal Re be the amount of reserves which serve System at any time on or after would have been required of such such date. Such a depository insti bank if it had been a member on tution shall not be required to maintain the day before such effective date, reserves against its deposits held or except that the amount of such ex maintained at its offices located in a cess shall, in accordance with such State outside the continental limits of rules and regulations as the Board the United States until the first day of may adopt, be reduced by 25 per the sixth calendar year which begins centum during the first year which after the effective date of the Monetary begins after such effective date, 50 Control Act of 1980. Such a deposi per centum during the second year, tory institution shall maintain reserves and 75 per centum during the third against such deposits during the sixth year. calendar year which begins after such effective date in an amount equal to one-eighth o f that otherwise required (DXi) Any bank which was a by paragraph (2), during the seventh member bank on July 1, 1979, and such year in an amount equal to onewhich withdraws from membership in fourth of that otherwise required, dur the Federal Reserve System during ing the eighth such year in an amount the period beginning on July 1, 1979, 24 equal to three-eighths of that otherwise required, during the ninth such year in an amount equal to one-half of that otherwise required, during the tenth such year in an amount equal to fiveeighths of that otherwise required, dur ing the eleventh such year in an amount equal to three-fourths of that otherwise required, and during the twelfth such year in an amount equal to seven-eighths of that otherwise required. (9) Exemption. This subsection shall not apply with respect to any financial institution which— with (A) is organized solely to do business with other financial institu tions; (B) is owned primarily by the financial institutions with which it does business; and (C) does not do business with the general public. (10) Waivers. In individual cases, where a Federal supervisory authority waives a liquidity requirement, or waives the penalty for failing to satisfy a liquidity requirement, the Board shall waive the reserve re quirement, or waive the penalty for failing to satisfy a reserve require ment, imposed pursuant to this sub section for the depository institution involved when requested by the Fed eral supervisory authority involved. (cXl) Reserves held by a depository institution to meet the re quirements imposed pursuant to subsection (b) shall, subject to such rules and regulations as the Board shall prescribe, be in the form of— (A) balances maintained f such purposes by such depository in stitution in the Federal Reserve Bank of which it is a member or at which it maintains an account, except that (i) the Board may, by regulation or order, permit depository institutions to maintain all or a portion of their required services in the form of vault cash, except that any portion so per mitted shall be identical for all depository institutions, and (ii) vault cash may be used to satisfy any sup plemental reserve requirement im posed pursuant to subsection (b)(4), except that all such vault cash shall be excluded from any computation of earnings pursuant to subsection (bX4XC); and to satisfy liquidity requirements which may be imposed under other provi sions of Federal or State law. [ U S . C . ti tle 12, se c . 461 I * * * * * (f) The required balance carried by a member bank with a Federal Reserve Bank may, under the regula tions and subject to such penalties as (B) balances maintainedmay by be a prescribed by the Board of Governors of the Federal Reserve depository institution which is not a System, be checked against and member bank in a depository institu withdrawn by such member bank for tion which maintains required reserve the purpose of meeting existing balances at a Federal Reserve Bank, liabilities. in a Federal Home Loan Bank, or in the National Credit Union Adminis tration Central Liquidity Facility, if such depository institution, Federal Home Loan Bank, or National Credit Union Administration Central Li quidity Facility maintains such funds in the form of balances in a Federal Reserve Bank of which it is a member or at which it maintains an account. Balances received by a de pository institution from a second de pository institution and used to satisfy the reserve requirement im posed on such second depository in stitution by this section shall not be subject to the reserve requirements of this section imposed on such first depository institution, and shall not be subject to assessments or reserves imposed on such first depository in stitution pursuant to section 7 of the Federal Deposit Insurance Act (12 U.S.C. 1817), section 404 of the Na tional Housing Act (12 U.S.C. 1727), or section 202 of the Federal Credit Union Act (12 U.S.C. 1782). * * * * * (e) To add to the number o f cities classified as reserve cities under ex isting law in which national banking associations are subject to the reserve requirements set forth in section [nineteen] of this Act; or to reclassify existing reserve cities or to terminate their designation as such. I U . S . C . . t i t l e 12. s e c . 2 4 » e l . | * * * * * Section 25 of the Federal Reserve Act provides, in part, as follows: 1. C apital an d su rp lu s req u ired to exercise powers IU .S .C . t i t l e 12. s e c . 4 6 4 | (g) In estimating the reserve balances required by this Act, member banks may deduct from the amount of their gross demand deposits the amounts of balances due from other banks (except Federal Reserve Banks and foreign banks) and cash items in process of collec tion payable immediately upon presentation in the United States, within the meaning o f these terms as defined by the Board of Governors of the Federal Reserve System. I U . S . C . . t i t l e 12. s e c . 4 6 5 . | Sec. 25. Any national banking association possessing a capital and surplus of $1,000,000 or more may file application with the Board of Governors of the Federal Reserve System for permission to exercise, upon such conditions and under such regulations as may be prescribed by the said board, the following powers: I U . S . C . . t i t l e 12. s e c . 6 0 1 . 1 Section 25(a) of the Federal Reserve Act provides, in part, as follows: 6. Banking powers Section 11 o fth e Federal Reserve Act provides, in part, as follows: (a) To purchase, sell, discount, and negotiate, with or without its endorse ment or guaranty, notes, drafts, The Board of Governors of the checks, bills of exchange, accep Federal Reserve System shall be tances, including bankers’ accep authorized and empowered: tances, cable transfers, and other evidences of indebtedness; to pur * * * * * chase and sell with or without its in dorsement or guaranty, securities, in (2) The balances maintained to meet the reserve requirements of (c) To suspend for a period not ex cluding the obligations of the United States or of any State thereof but subsection (b) by depository institution ceeding thirty days, and from time to not including shares of stock in any in a Federal Reserve Bank or passed time to renew such suspensions for corporation except as herein pro through a Federal Home Loan Bank periods not exceeding fifteen days, vided; to accept bills or drafts drawn or the National Credit Union Ad any reserve requirements specified in upon it subject to such limitations ministration Central Liquidity Facility this Act. and restrictions as the Board of or another depository institution to a Governors o f the Federal Reserve Federal Reserve Bank may be used I U . S . C . . t i t l e 12. s e c . 248 <c).| 25 System may impose; to issue letters of credit; to purchase and sell coin, bullion, and exchange; to borrow and to lend money; to issue deben tures, bonds, and promissory notes under such general conditions as to security and such limitations as the Board of Governors of the Federal Reserve System may prescribe; to receive deposits outside of the United States and to receive only such deposits within the United States as may be incidental to or for the p u r pose of carrying out transactions in foreign countries or dependencies or insular possessions of the United States; and generally to exercise such powers as are incidental to the SUPPLEMENT TO REGULATION D As amended effective for reserves required to be maintained during the seven-day period beginning November 13,1980, against deposits outstanding during the seven-day period beginning on October 30,1980. SECTIO N 204.9— R ESERV E R E Q U IR EM E N T RATIOS (a) Reserve percentages. The following reserve ratios are prescribed for all depository institutions, Edge and Agreement Corporations and United States branches and agencies of foreign banks: Category Net transaction accounts $0-$26 million Over $26 million Reserve Requirements (b) Reserve ratios in effect during last computation period prior to September 1, 1980. Category Deposit Tranche: over $2 million$10 million over $10 million$100 million Nonpersonal time deposits over $100 million$400 million By original maturity (or notice period) less than 3'/2 years 3 ‘/2 years or more Eurocurrency liabilities 3% 3% powers conferred by this Act or as may be usual, in the determination of the Board of Governors of the Federal Reserve System, in connec tion with the transaction of the business of banking or other finan 26 7% $140,000 + 9V2% of amount over $2 million Less than 180 days $0-5 million over $5 million 180 days to 4 years 4 years or more 3% 6% 2Vi% 1% Accounts authorized pursuant to Sec tion 303 of Public Law 96-221 of $900,000+ l l 3/«% fered by member banks located in of am ount over States outside Connecticut, Maine, $10 million Massachusetts, New Hampshire, New Jersey, New York, Rhode Island and $11,475,000 + Vermont 12% 123/4% of amount over Club accounts 3% $100 million over $400 million $49,725,000 + 16‘/4% of amount over $400 million Savings deposits 3% 0% (subject to 3% minimum specified by law) By initial m aturi ty: Net D emand Deposits 0-$2 million 3% of amount $780,000 plus 12% of amount over $26 million Reserve Requirement Time deposits cial operations in the countries, col onies, dependencies, or possessions in which it shall transact business and not inconsistent with the powers specifically granted herein. Nothing contained in this section shall be construed to prohibit the Board of Governors of the Federal Reserve System, under its power to prescribe rules and regulations, from limiting the aggregate amount of liabilities of any or all classes incurred by the corporation and outstanding at any one time. Whenever a corporation organized under this section receives deposits in the United States autho rized by this section it shall carry reserves in such amounts as the Board of Governors of the Federal Reserve System may prescribe for member banks of the Federal Reserve System. parent foreign bank is controlled by a foreign company which owns or controls foreign banks that in the aggregate have total worldwide con solidated bank assets in excess of $1,000,000,000; or (C) its parent foreign bank is controlled by a group of foreign companies that own or control foreign banks that in the ag gregate have total worldwide con solidated bank assets in excess of $ 1,000,000,000. Section 7 of the International Bank ing Act of 1978 provides, in part, as follows: the Federal Reserve Act and may prescribe any ratio, not more than 22 per centum, for any obligation of any such Federal branch or Federal agency that the Board may deem reasonable and appropriate, taking into consideration the character of business conducted by such institu tions and the need to maintain vigorous and fair competition be tween and among such institutions and member banks. The Board may impose reserve requirements on Federal branches and Federal agen cies in such graduated manner as it deems reasonable and appropriate. Sec. 7 (aXIXA) except as provided in paragraph (2) of this subsection, subsections (a), (b), (c), (d), (f), (g), (i), (j), (k), and the second sentence of subsection (e) of section 19 of the Federal Reserve Act shall apply to every Federal branch and Federal agency of a foreign bank in the same manner and to the same extent as if the Federal branch or Federal agency were a member bank as that term is defined in section 1 of the Federal Reserve Act; but the Board either by general or specific regula tion or ruling may waive the minimum and maximum reserve ratios prescribed under section 19 of For purposes of computing the reserves under this Part, that would haveinbeen required using the reserve (B) After consultation and ratios that were in effect on August 31, cooperation with the State bank 1980, the reserve ratio on time supervisory authorities, the Board deposits of a member bank shall be may make applicable to any State the average time deposit ratio of the branch or State agency any require member bank during the 14-day ment made applicable to, or which period ending August 6, 1980, except the Board has authority to impose that the reserve ratio on time de upon, any Federal branch or agency posits of a nonmember bank that was under subparagraph (A) of this a member bank on or after July 1, paragraph. 1979, but which became a non (2) A branch or agency shall be member bank before March 31, 1980, may be the average time subject to this subsection only if (A) deposit ratio of the nonmember d u r its parent foreign bank has total worldwide consolidated bank assets ing the 14-day period ending August in excess of $1,000,000,000; (B) its 27, 1980. IU .S .C ., t id e 12. ICC M 5 . | [ U . S . C . . t i t l e 12. s e c . 3 I 0 S . | 27 APPENDIX B Questions and Answers About Regulation D NONTRANSFERABILITY 2. Not Negotiable. Definition and Application Q l. What does "Not Trans ferable" mean? A. “ Not Transferable” means that a time deposit may not be transferred by the named depositor except in the following ways: 1. a change in ownership that is reflected on the books or records of the institution; 2. a pledge as collateral for a loan; or 3. a transaction that occurs due to circumstances arising from death, incompetency, marriage, divorce, attachment, or otherwise by op eration of law. In other words, in addition to pledges and transfers by operation of law, any transaction that is reflected on the books of the institution (thus giving the institution an opportunity to reclassify the deposit, if necessary, as personal/nonpersonal for reserve reporting purposes) is permissible. The following examples of legends concerning transferability may be used: 1. “ Not Transferable.” 2. “Transferable only on the rec ords of the institution.” 3. “Transferable only with the per mission of the institution.” 4. “Not transferable except as collateral for a loan or as other wise permitted by regulations of the Federal Reserve Board.” The following statements will not satisfy the requirement concerning nontransferability: 1. Not Assignable. 28 Q2. Explain the difference between "nontransferable" and "non negotiable. " A. A negotiable instrument is one which a buyer may take free of most defenses that the debtor on the in strument has against the original creditor. For example, if a salesman accepts a promissory note in ex change for a product, and the product is defective, the buyer may refuse to pay the salesman when the note becomes due; however, if the salesman sells the note to another person and the note is negotiable, then the buyer’s contention that the product is defective may not, in and of itself, be a successful defense to an action for payment brought by the third person. Negotiability is con cerned simply with the cutting off of defenses. A nonnegotiable instrument can be transferred; the difference is that the buyer of the instrument is subject to the same defenses to which the original creditor was subject. A person who is willing to accept the risk of those defenses is willing to buy a nonnegotiable instrument as well as a negotiable one. The Board of Governors is concerned that if transferability were not prohibited, a secondary market in nonnegotiable certificates of deposit might develop in order to avoid reserve require ments, and that nonreservable personal time deposits would be sold to cor porations. Such a practice could have an adverse impact upon the ef fectiveness of monetary policy. Q3. Does an institution have to notify its customers who have accounts out standing prior to October 1, 1980, o f the new nontransferability provision o f the regulation? A. No. Deposits issued to natural persons before October 1, 1980, do not have to be nontransferable to be regarded as personal time deposits. However, if an institution modifies its existing contracts to make such ac counts nontransferable, then it should notify its depositors of the change. Nontransferability Legend Q4. Do NO W account statements need a nontransferability legend? A. No. NOW accounts are transac tion accounts which are reservable even if held by a natural person. Transaction accounts need not have the nontransferable legend on any document. Q5. Passbook savings accounts opened prior to October 1. 1980. need not have a nontransferability legend placed on them at the time o f opening. Does the legend need to be stamped on such accounts i f deposits are made after October 1? A. No. Any personal savings or time deposit account originally issued before October 1, does not have to carry a legend concerning trans ferability on any document evidencing its existence, even if additional de posits are made to the account or the deposit is automatically renewed after October 1, 1980. Q6. The legend need not be placed on a time deposit issued before October I that is automatically rolled-over af ter that date. I f the institution sends a letter to the depositor reminding him o f the upcoming roll-over, must the letter indicate nontransferability? A. No. However, if the institution issues a new certificate to the depositor when the old one matures, the term nontransferable must appear on the deposit. Q7. Can depository institutions stamp the words "nonnegotiable and nonassignable." rather than "non transferable." on time and savings deposits documents? A. No. It appears that in some jurisdictions transfers may be made that are not considered assignments. Therefore, “ nonassignable” may not be used in place of “nontransferable.” The inclusion of other words along with “nontransferable” is permissible so long as the latter term is not con ditioned by the other words. “ Nonne gotiable” may be added to the legend but may not be used as a substitute for “nontransferable.” Q8. In order for a deposit issued to a natural person on or after October I, 1980. to be considered a personal time deposit, where must the legend re garding nontransferability appear? A. 1. For certificates of deposit or share certificates, it must appear on the certificate itself. 2. For passbook accounts, it must be on the passbook itself. 3. For any time or savings deposit not evidenced by a certificate or pass book, it must be on the agreement or contract which evidences the ac count if a copy of the agreement or contract is given to the customer when the account is opened. A legend of nontransferability is not required on any periodic statements where such legend appears on a cer tificate, passbook, contract or agree ment given to the depositor. For any time or savings deposit not evidenced by a certificate or passbook, if a copy of the agreement is not given to the customer, then the nontransferability legend must be on periodic statements sent to the customer. The legend does not have to appear on the following: deposit slips, teller receipts, club ac count coupons, identification cards. IRS Form 1099. and signature cards and other documents retained by the depository institution as its own records. Q9. I f a time or savings deposit is not evidenced by a certificate or passbook, may the nontransferability legend ap pear on a disclosure statement given to the depositor by the institution at the time o f opening the account? A. Yes, under such circumstances the nontransferability legend may appear in a disclosure statement required by Federal or State law or regulation that sets forth the terms of the deposit ac count. Q10. Personal savings and tim e ac counts for which depositors receive only monthly statements rather than passbooks or certificates o f deposit are required to include the legend con cerning nontransferability on the peri odic statement i f no contract, agree ment or disclosure statement required by law is given to the depositor carry ing the nontransferability legend. In stead o f placing the legend on the statement itself may the legend ap pear in a separate piece o f paper mailed to the depositor along with the monthly statement? A. No, the nontransferability legend must appear on a document repre senting the account such as a certifi cate, passbook, contract, disclosure statement, or periodic statement. A separate piece of paper enclosed with the monthly statement would not be a document representing the account. Q l l .A n institution issues a monthly statement to its natural person deposi tor on which is reported the balance in a transaction account, as well as the balance in a personal savings or time deposit account. Need the statement have the nontrans ferability legend? A. Yes, unless the depositor previ ously received a copy of the deposit contract or disclosure statement with the legend. If the statement indicates funds held in a personal savings or time deposit account, it must state that such account is nontransferable even though other types of accounts are also listed. Miscellaneous Q12. A re Holiday Club accounts con sidered to be trans ferable i f the depository institution has accepted an instruction to send the paym ent check to a third party? A. So long as the instruction is received at the time of withdrawal, transmittal of a payment check for a Holiday G u b account to a third party does not constitute a transfer. This is the equivalent of closing a time or savings account and remitting the proceeds to someone other than the depositor. If the instruction were ac cepted at the opening of the account, then the depositor is presumed to have a transferable deposit. Q13 . Six-month money m arket cer tificates are required by Regulation Q to be nonnegotiable. May the non negotiability requirement be omitted from such certificates i f they state that they are nontransferable? A. Yes Q14./4 personal time deposit may be trans ferred under Regulation D i f the depository institution either changes the name o f the account holder on its books or issues a replacement deposit instrument with the new owners' name. I f the depository institution takes either o f these actions, does this constitute an early withdrawal o f a time deposit under Regulation Q? 29 A. No. Under existing Board in terpretations, the sale by a depositor of his other time deposits does not constitute early withdrawal and the depository institution may record that transfer on its books without having to treat the transfer as an early with drawal. The principal, maturity, and interest rate of the deposit must be unchanged. TRANSACTION ACCOUNTS Definition and Application Qi . A re savings accounts subject to A C H debits and credits included in the definition o f transaction accounts? A. Under the definition of “tran s action account,” (section 204.2(eX6)) orders received from an automated clearing house (ACH) to debit an ac count constitute preauthorized trans fers. Such an account must be treated as a transaction account unless the deposit contract limits the num ber of such debits to three per month and it is the practice of the institution to limit such transfers to no more than three. If credits only may be made to the account, then it is not a tran s action account, regardless of the number of credits made per month. Q2. I f a customer has a savings ac count from which no third party or automatic withdrawals are permissible except for a weekly transfer to the depositor's club account, is that sav ings account a transaction account? A. Yes. The weekly transfer falls within the definition of a pre authorized transfer. If the account were limited to three such transactions per month, then the account would not be treated as a transaction ac count. In this case, if the deduction were made every two weeks, then the three-transfer-per-month limitation could be met. 30 Q3 . Money market certificate owners are often allowed to have their interest credited periodically by the institution to another account. Does that make the certificate a transaction account? A. No. The crediting of interest earned on one account to another account is not a “transfer” from the account on which the interest was earned. Q4. Is a savings account a transaction account merely because a depositor is permitted to mail a request to an in stitution to transfer funds to a third party? A. No. The Board o f Governors has always treated letter requests as the functional equivalent to the depositor coming into the banking office; thus, the ability to make transfers from a personal account in response to a let ter mail request does not make that account a transaction account. Trans fers in response to requests by telephone or other electronic means are not covered by this rule; the capability to m ake such transfers may cause the account to be a transaction account. Q5. Does an account which by its terms or pursuant to an agreement per mits transfers to a checking, NOW , or share draft account to cover oc casional overdrafts fall within the definition o f transaction account? A. A num ber of institutions have en tered into agreements with their customers providing that in the event the customer should overdraw a checking, NOW, or share draft ac count, the institution will transfer from that customer’s savings account an amount sufficient to cover the over draft. Under Regulation D, an ac count, including a regular savings ac count or regular share account, is con sidered to be a transaction account, if under its terms, or by practice of the depository institution, the depositor is permitted or authorized to make more than three withdrawals per month for purposes of transferring funds to another account or for making a payment to a third party by means of a preauthorized or telephone agreement, order, or instruction. The availability of the overdraft protection plan that is described above would not in and of itself require that the savings account or share account from which transfers could be made be regarded as a transaction account if no more than three such transfers are permitted or authorized in a calendar month. If, however, more than three transfers from a savings account not otherwise regarded as a transaction account are permitted, or if the plan is promoted as something other than overdraft protection, then the savings account would be regarded as a trans action account and the entire balance in the account would be subject to transaction account reserve requirements. Q6. Is a savings account a transaction account by virtue o f transfers being made into the account by telephone or preauthorized order? A. No. The fact that transfers are made into an account does not make that account a transaction account. Q7. I f under the terms o f a savings account, a depositor appearing at the depository institution is perm itted to withdraw funds in the form o f a cashier's or officer's check, endorse the check and redeposit the funds in an account o f another person at the same institution, would such an ac count be considered a transaction ac count? A. No. The ability of depositor to make withdrawals from an account by appearing at the institution in person does not render an account a transaction account regardless of the m anner of payment of the with drawal to the depositor. In this regard, an account would not be a transaction account merely because a depositor appearing in person at the institution can withdraw funds direct ly in the form of cash, check (even if made payable to a third party), money order, or travelers' checks. Note, how ever, that, if a depositor is able to trans fer funds from his savings account through an ATM or RSU to another person’s account at the institution, that savings account is a transaction account. Q8 . M any institutions offer their depositors "prestige cards" which allow the depositors to withdraw funds from their savings accounts by filling out a withdrawal slip at another institution. This type o f ser vice is also known as “traveler's con venience." The institution disbursing the fu n d s sends the withdrawal slip to the depositor's institution and ob tains paym ent through the collection process. Does this service m ake the savings account a transaction ac count? A. No. The transaction is viewed simply as the depositor making a di rect withdrawal from his savings ac count. Q9. A depositor with a savings ac count leaves a supply o f deposit slips with the depository institution. The deposit slips are fo r a checking ac count held by the depositor at another depository institution. The depositor telephones the institution from time to time and requests that funds he withdrawn from his savings account in the form o f a check and that the check, along with the de posit slip, he mailed or delivered to the institution holding his checking account. In some instances the de positor may have standing instruc tions with the institution to mail or deliver funds at certain intervals. Does this practice make that savings account a transaction account? A. Yes. The capability of making such telephone or preauthorized transfers could render an account a transaction account since the transfer is made to a third party, i.e. the depository institution at which the checking account is maintained. However, if such transfers were limited to three or less per calendar month (and the account did not otherwise meet the definition of a transaction account) then the account would not be regarded as a transac tion account. Q10. How is a depository institution to treat compensating balances o fth e United States Government kept in Treasury Tax and Loan deposit ac counts? A. If the deposit is subject to im mediate withdrawal by the Govern ment, then it must be treated as a demand deposit of the Government and reserved against as a transaction account. Note balances in TT&L ac counts are exempt from reserves and other funds received from the U.S. Government in the form of borrow ings, rather than deposits, are ex empt from reserves. Three Transfers Per Calendar M onth Rule (A “Calendar M onth” includes any statement cycle or similar period of at least 4 weeks.) Q l l . I f a depository institution permits ACH debits to an account and does not limit the num ber o f such debits by contract to three per calendar month, is the account regarded as a transaction account? A. Yes. A depository institution must regard an account that may permit in excess of three ACH debits per month as a transaction account even though three or fewer transfers per calendar month actually are being made. Since ACH debits are re garded as preauthorized transfers, they must be limited to three or fewer per calendar month in order for the account not to be regarded as a transaction account. Q12. Regulation E — Electronic Funds Transfers (12 CFR Part 205) requires that amendments to certain account agreements cannot be effective unless the customer is given 21 days' writ ten notice. I f a depository institution desires to am end its account agree ment to limit the num ber o f preau thorized or telephone transfers to three or less per calendar m onth and the account is subject to the Regula tion E notice requirement, when is the account agreement change effec tive fo r Regulation D reserve require ment purposes? A. For purposes of reserve require ments, an amendment to an account agreement is regarded as effective when sent by the depository institu tion. Accordingly, an account for which a Regulation E change of terms notice has been sent may be regarded as exempt from the defini tion o f “transaction account” even though more than three transfers could be effected during the interim period until the Regulation E notice becomes effective. Q13. Is notification to customers re quired i f a depository institution de sires to establish a limit on preau thorized and telephone transfers o f three per calendar month? A. As a general matter, the Board has had a long standing position that customers should be notified in writing of any change in the terms of a deposit account that is adverse to the customer (12 CFR 217.148). 31 The necessity of notifying customers of a limit imposed on telephone and preauthorized transfers depends on a number of factors, including other regulatory requirements, such as Regulations E and 0 and those im posed under state law. A depository institution that has not explicitly pro vided in its deposit agreement or other representations the right of its depositors to make withdrawals by telephone may not necessarily have to send notice to its customers that such service will be limited in the future. However, a depository institu tion that provides by written contract or agreement that telephone or pre authorized orders may be made would be required to notify each cus tomer in writing of the change in terms. This notice, however, may be required by local law and disclosure requirements of other Federal and state regulatory requirements, not by Regulation D. Q 14. I f under the terms o f an account, a depositor is not p erm itted to m ake more than three telephone or preau thorized transfers p e r calendar month, what steps m ust a depository institution take to prevent more than three transfers? Is a fourth transfer in a calendar month absolutely p ro hibited? A. As stated in the Federal Register preamble to Regulation D, “ A depos itory institution is required to establish a system or other procedure to insure that no more than three [telephone or preauthorized] transfers are made during any calendar month from such accounts.” (AS Federal Register 56009) The purpose to be served by a monitoring system is to establish that it is not the practice of the de pository institution (12 CFR 204.2(eX6)) to allow more than three telephone or preauthorized transfers, notwithstanding a deposit contract term to that effect. A system under which a depository institution can identify prior to making a requested 32 transfer whether the limit is being adhered to would meet this require ment. An institution also is permitted to monitor on an ex post basis its ac counts that have limited telephone and preauthorized transfer privileges. Under this procedure, an institution may determine which accounts made more than three transfers in a p ar ticular month. If the institution con tacts the customer and informs him that the contract terms were violated and/or that the institution has other account services available if the cus tomer desires an account for transac tion purposes, this would indicate that it is not the practice of the in stitution to allow more than three transfers. Other factors that would be relevant in determining whether it is the practice of the institution to allow more than three telephone or preauthorized transfers per month under an ex post monitoring system would be the number of accounts that have restricted transfer privileges and the relative num ber that exceed the established limit. It also is permissible for an institu tion to provide by contract that a fourth transfer in a calendar month will constitute an agreement by the customer to accept a new type of de posit account that allows unlimited telephone or preauthorized transfers. In this regard, a change in pricing in the new account may serve as a disincentive to customers making the fourth transfer. At the time the fourth transfer is made and into the future, the account would then be classified as a transaction account. (An institution may not establish an arrangement whereby a transaction account is converted to a nontransac tion account because three or less transfers are made in a particular month.) As an alternative approach to satisfy the three transfer per month rule, in stitutions may use a procedure of re classifying as transaction accounts those accounts that incur more than three telephone or preauthorized transfers in a calendar month. Once an account is classified as a transac tion account, then it may not revert to nontransaction account status. Q 1 5 ./4 re intra-family allocations o f a direct payroll deposit regarded as part o f th e three telephone or preau thorized transfers allowable per month in section 204.2(e)(6)? A. Direct deposit transactions at many depository institutions require that all funds be deposited initially only to one account of a customer. Institutions and depositors have en tered into agreements whereby funds involving direct deposit transactions are subsequently transferred to other accounts of the employee or his or her family at the same institution. Where a deposit is made directly to one account but within a very short time routine disbursements of a por tion of a payroll deposit are made to family member accounts or other ac counts of the depositor, such dis bursements are an element of the de posit transaction and are not to be regarded as “transfers.” Thus, the capability of a depositor to distribute funds in this manner would not in and of itself render an account to which the payroll funds are initially deposited to be a transaction ac count. T IM E D E P O S IT S (AN D SA V IN G S D E P O S IT S ) D efinition— P ersonal/N onp ersonal Q l . M ust passbook savings be broken down between personal and nonper sonal? A . Yes. Savings accounts are treated as a class of time accounts, and therefore savings deposits must be classified as personal or nonpersonal and reported separately. Q 2 .A re time deposits o f a “personal corporation" considered to be per sonal time deposits? A. A time deposit of any corpora tion, including a corporation owned by one person, is non personal. In order to be a personal time deposit, the entire beneficial interest of a nontransferable time deposit must be held by a natural person(s) or a sole proprietorship. Q3 .A re tim e deposits o f a n ' ‘estate' ’ considered to be personal tim e d e posits? A. A time deposit held in the name of an estate will be personal or non personal depending on the status of the named beneficiaries of the estate. If all of the beneficiaries are natural persons, the deposit is a personal time deposit. If any beneficiary is not a natural person, the deposit is nonpersonal. Creditors of the estate are not considered beneficiaries of the estate. shall be classified as personal only if they are nontransferable and if the entire beneficial interest is held by natural persons. If any beneficial in terest is held by other than a natural person, no m atter how small the beneficial interest held, the entire de posit shall be classified as nonper sonal. Q 6 M re holiday or vacation club ac counts reservable? A. Club accounts are treated as either time or savings deposits and are either personal or nonpersonal. If the deposit qualifies as a personal time or savings deposit, it is not reservable. Q 7. Are Keogh (or Defined Benefit Keogh) Accounts in the name o f a partnership excluded from reserve requirements? A. Yes. Nontransferable time depos its held in Keogh or IRA accounts are presumed to be for the beneficial interest of individuals under Section 204.2(fX2). plans, profit-sharing plans, or other similar plans classified as personal or nonpersonal tim e deposits? Q8./1 bearer certificate o f deposit is sued to a natural person prior to O ctober I, 1980, is exem pt from re serve requirements on nonpersonal tim e deposits. The institutions have no record o f th e purchasers o f these bearer CDs; a record o f the owner is m ade only at maturity, when the holder obtains the interest on the CD and m ust record his identity for tax purposes. Is a depository institu tion required to regard the amount o f all bearer CDs issued prior to O c tober I, 1980, as nonpersonal time deposits i f they cannot show that they were issued to natural persons? A. The classification of such deposits as personal or nonpersonal depends on the terms of the specific plan un derlying the deposit. Such deposits A. No. If bearer CDs have fixed maturities, depository institutions are permitted to estimate the distribution of such deposits between personal Q 4 . Is an account personal i f it is held in the name o f an association such as a bowling club or vacation club, or o f a monastery or convent? A. No. Accounts in which any beneficial interest is held by anyone other than a natural person are non personal. Q 5 .i4 re the trust deposits o f pension and nonpersonal by use of reason able sampling techniques. Estimates may be based on past experience, current redemptions, or other reason able inquiry. For deposits issued on or after Oc tober 1, 1980, depository institutions are required to record the actual distribution between personal and nonpersonal time deposits. O f course, all transferable time deposits, in cluding negotiable or bearer CDs, are nonpersonal time deposits regard less of to whom they are issued or who holds any beneficial interest in the deposit. Q9 .Escrow accounts may be treated as personal savings or time accounts if the entire beneficial interest in the funds is held by natural persons. Does this rule apply to tenant secu rity deposits? A. Yes. If all of the tenants whose security deposits are held in an ac count by a landlord are natural per sons, that account may be treated as personal. If a landlord has both n a tural person and corporate or organi zational tenants, the landlord could be asked to place the security depos its of natural persons in a separate account, and that account could be treated as personal. Q10./4 re tim e deposits issued to the Bureau o f Indian Affairs as custo dian for an Indian tribe holding the entire beneficial interest in the funds personal or nonpersonal? A. Such deposits are nonpersonal since an Indian tribe is considered to be an organization or association. D efinition— N atural Persons o i l . Because a transfer o f a time d e posit to an estate upon the death o f 33 the owner need not be done with no tice to the institution, how can the institution be required to determine whether all o f the beneficiaries are natural persons? A. If such a transfer occurs without notice to the institution, then it need not make the determination. How ever, if the institution is asked to change the name on the account to that of the estate, then it must make that determination. Q 12. The account o f a decedent's es tate is personal only if all o f th e beneficiaries are natural persons. In many cases, this is impossible to d e termine. For example, many wills have contingent interests, in which any remainder will go to a charity. Also, many wills give the executor a power o f appointment, and it may not be known who the executor will appoint. Also, many institutions do not accept wills on advice o f counsel in order to avoid being held liable f o r not acting in accordance with the will. The same is true in many cases f o r trusts. How are these cases to be treated? A. The regulation requires that bene ficiaries be natural persons in order to treat the account as personal. Re mainder interests and powers of a p pointment may be ignored. In addi tion, an institution may reasonably rely on the representation of the ex ecutor or trustee that all benefici aries, with the exception of contin gent interests and powers of appoint ment, are natural persons, so long as the institution does not know and has no reason to know that the con trary is true. Q13 . M any deceden ts' estates are in the hands o f the public administrator because the person died intestate (i.e., without a will). In such cases, how is the beneficial interest to be determined? 34 A. In the case of decedents’ estates in the hands of the administrator, the funds usually end up in the hands of natural persons or are es cheated to the State. For purposes of convenience, these accounts may all be treated as personal. Q 14. M any trust departm ents often place funds in a single time or sav ings account in the commercial d e partm ent o f th e institution. M ay an institution determine the proportion o f funds in that account that are al locable to trusts or estates in which the entire beneficial interest is owned by natural persons and regard that amount as a personal deposit? M ay the institution establish a percentage o f th e account that is personal and use that percentage each day? A. No. The trust department may place its funds in two accounts, one personal and one nonpersonal, but the funds in the personal account must be from trusts and estates in which the beneficial interest is held entirely by natural persons, and this may not be determined by estimation or percentages. Q 15. Depository institutions may ac cept the representations o f trustees, ex ecutors, and escrow agents that the en tire beneficial interest o f funds in a time or savings account are natural persons in order to regard the ac count as personal. M ust that repre sentation be m ade in writing? A . Yes. However, the representation may simply be noted on the signa ture card or other instrument evi dencing the account that is signed by the trustee, executor or escrow agent. Q 1 6 M savings or time deposit in the name o f a trustee may be treated as p er sonal only i f all o fth e beneficiaries are natural persons. Does this rule apply in the case o f Totten trusts? A. No. Totten trusts are not true trusts covered by this rule. A Totten trust is one in which the owner of the funds states that the account is in the name of himself in trust for another, and the intent of the depos itor is simply to make it possible for the other to obtain the funds from the institution upon the depositor’s death. The intent of the depositor is not to give any beneficial interest to the other during the depositor’s life time; the depositor has the right to revoke the Totten trust at any time, and the other has no beneficial inter est in the funds during that time. Accordingly, a Totten trust in the name of a natural person in trust for an entity that is not a natural person (for example, “Mary Jones in trust for St. Lake’s Church” ) is personal, and exempt from reserves, so long as the depositor has the right to revoke the designation. An institution is re sponsible for determining that ac counts in such names are in fact Totten trusts rather than real trusts. If the institution is satisfied that there is no real trust involved in op erating such an account, it may treat the account as a Totten trust. Escrow A ccounts Q17 . How should escrow accounts be classified on the reports? A . If there is an agreement between the depositor and the institution re quiring the funds to be placed in a specific type of account (demand, savings, or time), the escrow funds must be reported as that type of ac count. If there is no such agreement, the institution, acting as agent for it self, may place those funds in the type of account the institution deems appropriate. Q18 . Does an institution have to go through its entire mortgage portfolio in order to identify each mortgagor as individual or corporate for the purpose o f separating its mortgage escrow account into two accounts, one personal and one nonpersonal? ing the outcome o f litigation. In the case o f funds awaiting disposition due to litigation, how may a deter mination o f ownership be made? A. In order to treat an escrow ac count as a personal savings account, all of the funds in the escrow ac count must be received from natural persons. Thus, if an institution has both individuals and corporations as mortgagors, the escrow account must be treated as nonpersonal unless a separation into two accounts is made and personal and nonpersonal funds are segregated. A. In the case of funds awaiting dis position due to litigation, the institu tion will need to determine from whom the funds were obtained. That person is treated as having the bene ficial interest until final disposition is determined. If that person is a n atu ral person, then the account may be treated as personal. Q 19 . How is the determination to be m ade as to whether escrow funds held in a tim e or savings account, established in connection with a loan extended by the same institution, are personal or nonpersonal deposits? A. Such escrow accounts are to be identified as either personal or non personal based on the identity of the party who has the beneficial interest in the account, as determined by State law. If the beneficial interest is held entirely by natural persons, the account may be classified as per sonal. Q 20 . How are other escrow accounts determ ined to be personal or nonper sonal? A. Other escrow accounts, such as landlord security deposits and earnest money deposits, are identified as per sonal or nonpersonal deposits on the basis of whether, under State law, the entire beneficial interest in the funds is held by a natural person. M iscellaneous Q21 . A financial administrator fora court holds funds in time deposit ac counts on behalf o f the court pen d Q 22. Which type o f transactions involv ing mortgage pass-through securities and mortgage loan participations are reservable under Regulation D? turity o f eligible bankers acceptances exempt from reserve requirements changed under revised Regulation D? A. Yes. Formerly any eligible bank ers’ acceptance having not more than six m onths’ sight to run would not be exempt from reserve requirements until the remaining maturity was 90 days or less at the time of discount. Under revised Regulation D, all eligi ble bankers’ acceptances described in paragraph 7 of section 13 of the Federal Reserve Act (12 U.S.C. § 372) having not more than six m onths’ sight to run are exempt from reserve requirements. FEDERAL FUNDS A. If the originating depository insti tution is obligated to incur more than the first ten per cent of loss as sociated with a pool of conventional non-Federally insured mortgages, then any funds raised through is suance and sale of such securities to nonexempt entities are subject to re serve requirements. This, however, does not apply to normal mortgage loan participation transactions where the buyer and seller of a participa tion in a mortgage loan or pool of mortgages share all risk of loss bn a pro rata basis. In such instances any funds raised through the sale of such participations are not subject to re serve requirements. BANKERS’ ACCEPTANCES Q1. Does the sale o f an eligible ac ceptance under a repurchase agree ment create a reservable liability? A. Yes. Only as government and agency securities may be sold under repurchase agreement to entities other than depository institutions free of reserves. 0 2 . Has the determination o fth e m a Q1. A depository institution purchases Federal funds through a broker (not a depository institution) that is acting as agent for a depository institution. A re the Federal funds reserve-free? A. Yes. Federal Funds purchased from a depository institution are not con sidered to be a deposit under Section 204.2(aXlXviiXAXl). If the broker acts solely as agent, the funds in the example are considered to have been purchased from the depository institution. Q 2 .A re borrowings from corporate central credit unions exempt from re serve requirements? A. Yes. All credit unions, including corporate centrals, are “exempt” en tities regardless of whether or not they are required to hold reserves with the Federal Reserve. Thus, bor rowings by depository institutions from corporate central unions are not subject to reserve requirements. Q 3. Repurchase agreements on securi ties guaranteed as to principal and interest by the U.S. Government or 35 an agency thereof ("RP") are exempt from resetre requirements as are d i rect borrowings from the U.S. G ov ernment or an agency thereof. A re Ginnie M ae (Government National Mortgage Association). Fannie Mae (Federal National Mortgage Associa tion), Freddie M ac (Federal Home Loan Mortgage Corporation), and Sallie M ae (Student Loan M arketing Association) agencies o f t h e U.S. Government? A. Yes. A list of obligations which the Federal Reserve considers to be U.S. Government and agency securi ties for purposes of the RP exception may be found at the Board’s Pub lished Interpretations 925 (12 CFR § 201.108). Ginnie Mae, Fannie Mae, and Freddie Mac are on that list. Sallie Mae is also a Government agency for this purpose. In addition, direct borrowings in the form of promissory notes or other similar instruments in the name of the U.S. Government or an agency thereof are excluded from the defini tion o f deposits and, thus, are ex empt from reserves. Such exemption applies to borrowings that are in the name o f departm ents of the U.S. Government such as the Bureau of Indian Affairs. However, liabilities that are booked as deposits by the institution are regarded as deposits because they are not “borrowings.” Q 4. The permissible collateral for out standing due bills consists o f securi ties o f similar type and comparable m aturity to the security underlying the due bill. What is considered to be comparable m aturity for this purpose? A. All Treasury bills may be treated as being of comparable maturity to each other because they are issued in original maturities of one year or less. Obligations that have maturities within a range of time that is nor mally referred to as a common group 36 may be substituted for each other. In this regard, obligations that are re ferred to as “long term ,” for exam ple, may be substituted for each other even though they might have maturities that vary by as much as 10 years. This may be determined by common usage in the market place. Shorter term securities would have a narrower time range for the purpose of determining comparability of m a turity. In determining the maturity comparibility of two securities, m atu rity may be determined on the basis of the time remaining to maturity of a particular obligation. and ratios of .0325 and .0340, re spectively, merge. The required re serve ratio on time deposits for the merged bank would be (0.0325 x (15/50)) + (0.0340 x (35/50)) = 0.03355. Q3. What is the definition o f total deposits to be used to determine whether quarterly reporters have reached 15 million? A. Gross deposits, the sum of items 7, 12, and 15 on the FR 2900, will be used to determine the continuing eligibility of quarterly reporters as set forth in section 204.3(d)(3). CALC ULATIO N S A N D R E P O R T IN G Q l . A re depository institutions that have zero reserve requirements re quired to report deposit and other data to the Federal Reserve? A. Yes. All depository institutions, including “bankers’ banks,” are re quired to submit data on Form FR 2900 in accordance with Regula tion D. Q2 . How are tim e deposit ratios for old reserve requirements to be calcu lated for m em ber banks (and former m em ber banks) that are involved in mergers subsequent to August 6, 1980? A. The time deposit ratios for a combination of member banks (or former member banks) will be calcu lated as a weighted average of the individual ratios. The weights are to be based on the daily average amount of time deposits for each of the institutions involved over the re serve computation period immediately preceding the merger. For example, suppose that two mem ber banks that had total time depos its of $15 million and $35 million Q 4. Does Item 2, “U.S. Government D em and Deposits. " apply only to those institutions that have been des ignated as Treasury tax and loan d e positories? A. No. Regardless of whether or not an institution has been designated as a depository, any institution that has deposit accounts subject to with drawal on demand that are due to, or subject to control or regulation by the U.S. Government must report such balances in Item 2. For exam ple, any institution that withholds Federal income taxes, social security taxes, or other Federal tax payments from the salaries of its employees must report the unremitted balance of such deposits in Item 2. However, TT&L note balances are not to be reported as deposits in this item or elsewhere on the report. 0 5 . How should transaction accounts that meet the criteria for more than one type o f account be reported on the FR 2900? A. All demand deposit accounts should be classified as demand d e posits (Items 1, 2, or 3) even if pre authorized or telephone transfers or third party payments through the use of debit cards, ATMs, or RSUs are allowed. Similarly, all NOW accounts or share draft accounts should be classified as NOW /share draft ac counts (Item 6), even if preauthorized or telephone transfers or third-party payments through the use of debit cards, ATMs, or RSUs are allowed. Savings or time deposit accounts that meet the criteria for ATS accounts should be classified as ATS accounts (Item 4), even if telephone or preau thorized transfers or third-party pay ments through the use of debit cards, ATMs, or RSUs are allowed. Savings or time deposit accounts other than NOW, share draft, and ATS accounts that permit more than three telephone or preauthorized transfers per month or that permit third-party payments through the use of debit cards, ATMs, or RSUs should be reported as telephone or pre authorized transfer accounts (Item 5). Q 6.A re time deposits with a current balance o f $100,000 or more reported on line 16 o f FR 2900, or does it in clude only time deposits with an ini tial deposit o f at least $100,000? A. All time deposits with balances of $100,000 or more at the time of re porting must be reported on line 16 of FR 2900. Q7 . I f a corporation presents a credit union with a check drawn on another depository institution f o r the purpose o f depositing in the credit union the corporation employee's withheld savings fro m a payroll but does not provide the credit union with a listing showing the distribu tion o f such withheld savings, how should the credit union report this transaction on the FR 2900? A. The credit union should report the liability for the deposited payroll savings in Item 3 (Other Demand) of the FR 2900 but this amount may be offset by the deduction for cash items in process of collection during the time required for the check to clear. After the check clears, if the distri bution listing is still not provided to the credit union or if the credit union does not distribute the lump sum deposit among the appropriate members, the credit union is not en titled to the cash items in process of collection deduction from those funds. The payroll deposit remains in Other Demand and reserves must be held against the deposit until the funds are distributed to the proper members’ accounts. Q8 . M any banks receive payments from other banks with unclear infor mation as to whom the fu n d s should be credited. The practice o f many in stitutions is to credit those fu n d s to a suspense account. The fu n d s re main in that account until the insti tution determines the party to whom the fu n ds are to be credited or transmitted. This process f o r each such paym ent may take several days or weeks. During that time, how must an institution report that sus pense account f o r reserve purposes? M any foreign banks f in d that 90 per cent o f paym ents m ade to them are to be credited to their parent's ac count, and thus most o f these funds should have been subject to Eurocur rency, rather than domestic, reserves during that period. A. Institutions must regard the en tire amount of funds in suspense ac counts each day as transaction ac counts (to be reported as other demand deposits in Item 3 o f the FR 2900) unless they determine from their past experience that a percent age of such funds usually are to be treated otherwise. For example, if a United States branch of a foreign bank finds that 90 per cent of the funds placed in a suspense account normally go to its parent, it may treat 90 per cent of its suspense ac count each day as a balance due to its parent subject to the Eurocur rency reserve requirement and 10 per cent as a transaction account. Q 9. The instructions to FR 2900 indi cate that a bona fid e cash manage ment arrangement m ust be evidenced by a prior written agreement between the reporting depository institution and the customer authorizing trans fers between transaction accounts o f the customer. Does this mean that there must actually be a reduction on the books o f t h e institution in order to reduce the balance by the overdraft amount for purposes o f re serves? A. An actual transfer on the books of the institution is not necessarily required. Bona fide cash m an agement purposes can be demon strated in a number of situations. The fact that a depository institution has the ability to offset an overdraft with funds in another account is suf ficient to serve the purposes of Regulation D. Q 10 . How are ‘'loans in process ” to be treated for purposes o f reporting on the FR 2900? A. “Loans in process” arise in at least two different contexts. (1) Where a depository institution is sues a cashier’s check representing mortgage or other loan proceeds and delivers the check to a settlement agent in advance of the loan closing, the cashier’s check represents a de mand deposit and the amount of the check is reservable from time of issu ance as a transaction account. (2) Thrift institutions commonly have a liability "contra” account entitled “loans in process” that represents unadvanced portions of construction loan commitments. Such commit ments are contingent liabilities of the 37 depository institution and are not subject to reserves. When a portion of the loan commitment is advanced, a reservable liability would be cre ated if disbursement were made by issuance of an officer’s check or by credit to a deposit account. Wednesday, and for the first Thursday o f t he next computation p erio d ." Does this reporting principle apply to other similarly situated depository in stitutions? A . Yes. If a depository institution Q l l . / I depository institution ( “seller’’) sells money orders on consignment from a second depository institution ( “issuer"). Funds are not rem itted to the issuer until it notifies the seller that the money orders have been re ceived for paym ent and the funds are then rem itted by the seller. How are the funds representing the p ro ceeds o f the money order sale to be reported? posts its general ledger daily or gen erates a daily balance sheet, then all amounts reported for reserve require ments purposes on the FR 2900 must be updated daily. However, as indicated above, if it is the accepted accounting practice and standard for a particular segment of the industry to post the general ledger less fre quently than daily, then weekly up dating is permitted. Q 12. The instructions to Form FR 2900 for credit unions provides under “R ecord-keeping' “Note: If. according to your stan dard accounting practices, closing balances for accounts reported on this report are n o t available on a daily basis, you may report the same closing balance for subse quent days p r o v id e d that your closing balances for these accounts are updated at least once a week. For example, a credit union that uses a weekly batch system may have closing balances only as o f each Friday. In this case, the bal ances for the preceding Friday should be reported for Thursday o f t h e current computation week; the balances for Friday o f t h e cur rent computation week should be reported not only for Friday but also for the following Saturday. Sunday, Monday, Tuesday, and 38 A . No. Vault cash consists of United States currency and coin (except for coin and currency whose numismatic value exceeds face value, such as gold and silver coin) owned and held by the depository institution. However, redeemed savings bonds give rise to a “cash item in process of collection” deduction while in the collection process if shipped for col lection on the next business day. ELIGIBLE R E SE R V E A SSE T S Q 4. Coin and currency must be in the possession o f t h e reporting institu tion, subject to the in-transit excep tion, in order to be treated as vault cash. Is currency and coin considered to be in an institution’s possession if placed in a vault on the premises o f another institution that is rented by the reporting institution? V ault Cash A . Yes, so long as (1) the reporting A . The money order proceeds are a deposit of the selling institution until remitted to the issuer. If the issuer is a depository institution, then the un remitted amount held by the seller represents a balance due to a deposi tory institution. counted as vault cash? Q l . M ay coin sent by an institution to a coin-wrapping servicer and kept there fo r several days be treated as vault cash? A . Yes, so long as the institution continues to book the coin as an as set and has the right to obtain pos session of the coin immediately to satisfy depositors’ claims. Q 2. M ay a depository institution sell its excess vault cash to another insti tution for use in satisfying reserve re quirements by means o f an overnight trust receipt? The selling institution will continue to hold the currency and coin in its vault. A . No. Such transactions are re garded as a device to avoid reserve requirements and such temporary “sales” are not regarded as effective for reserve maintenance purposes. Q3 .A re redeem ed savings bonds institution has full rights of owner ship of the coin and currency, (2) the reporting institution has full rights to obtain the coin and currency imme diately in order to satisfy customer demands (and accordingly must be reasonably nearby), and (3) the insti tution from which the vault is rented does not include that coin and cur rency as its own vault cash. Pass-throughs Q l. I f a correspondent is assessed a penalty for a deficiency in reserves maintained that arose because a re spondent depository institution was deficient, may the correspondent pass the penalty on to the respondent? A . Yes. The Reserve Bank will im pose the penalty on the correspon dent and the correspondent is not prohibited by Federal Reserve rules from passing it on to the respondent, but is not required to. Q2. Regulation D states that an insti tution may have only one pass through correspondent. Does this rule apply to a foreign bank with of fices in more than one State? A. No. If a foreign bank has United States offices that are required to keep reserves at more than one Reserve Bank, each reporting unit is treated separately and may have a different pass-through correspondent. Q3. May a former member bank that is required to maintain full reserves pass the reserves through a corres pondent? A. Yes. Such a bank may maintain its reserve account directly with the Reserve Bank or it may pass its re serves through a correspondent. BALANCES DUE T O /D U E FROM DEPOSITORY INSTITUTIONS “ Due From ” Deductions Q l .A re demand balances held by a depository institution with the Fed eral Home Loan Banks or with the NCUA Central Liquidity Facility to be reported in Item 8. “dem and bal ances due from depository institu tion, ” on the FR 2900? A. No. Such balances are not eligible for the ‘‘due from ” deduction since neither the Federal Home Loan Banks nor the NCUA Central Liqui dity Facility will hold required re serves on such balances. 0 2 .A r e ' 'checking-type'' accounts that a credit union maintains at a corporate central to he included as a deduction under Item 8. "demand balances due from depository institu tions, " on the FR 2900? A. Only those accounts in the form of demand deposits (i.e., payable on demand) that are due from a corporate central are to be included as a de duction under Item 8. If the corporate central reserves the right to require written notice before an intended with drawal, regardless of whether or not the corporate central actually exercises this right and regardless of how the credit union uses the account, such ac counts do not meet the definition of demand deposits and, therefore, may not be included in Item 8. tution will have written down a lia bility account for the check that it has issued, and, because that liability account is likely to be a reservable deposit account, it has already ob tained a reduction in reserves on the transaction. To permit a deduction for that amount would permit an un warranted double deduction for the amount of the check. CLASSIFICATION AND RESERVABILITY QUESTIONS Q3. Is a balance due from another depository institution subject to im mediate availability which the State banking authorities count in satisfac tion o f an institution 's State reserve requirements deductible as a balance due from other banks? A. Yes. All balances at other deposi tory institutions subject to immediate availability are deductible from gross transaction accounts in arriving at required reserves. 0 4 . The actual balance in a reporting institution’s demand account at an other institution usually will be greater than the amount shown on the reporting institution’s books in its due-from entry. This occurs be cause the reporting institution will write down the due-from account on its books for checks and drafts that have not yet been paid by the insti tution holding the account. In re porting the total amount o f balances due from depository institutions, must an institution report its book amount, or may it report the amount shown each day at the other institu tion as balances due to the reporting institution? A. The reporting institution must use its book amount as balances due from depository institutions for pur poses of Item 8. The reporting insti Q5. What is the proper treatment o f excess reserves o f a depository insti tution that maintains reserves on a pass-through basis? A. As noted in the detailed reporting instructions, all reserve balances passed through to the Federal Re serve by a correspondent on behalf of a respondent must be excluded from Item 8, “ Demand Balances Due from Depository Institutions,” of the respondent’s FR 2900, even if a portion of the amount passed through on behalf o f the respondent was in excess of the respondent’s re quired reserves. On the other hand, a respondent may include as a “due from” any demand balances that it has at a correspondent that were not passed through by a correspondent to the Federal Reserve. Q6. A n overdraft in an Edge Corpo ration's demand deposit account at its parent bank is raised to zero for computing reserves and the amount is considered a loan from the parent to the Edge. Is the amount o f t h e loan exempt from reserves? A. The loan is not reservable to the parent bank. The Edge Corporation is permitted to treat the loan as a bor rowing from another depository insti tution (at page 21 of the instructions), and therefore it is not reservable. 39 Q7-/4 re excess reserves maintained with a pass-through correspondent in a deposit subject to immediate with drawal a reservable liability o f the correspondent? A. If the entire amount on deposit with the correspondent is passed through to a Federal Reserve office, then none of it is to be treated as a balance due to banks. Any amount not actually passed through to a Federal Reserve office must be treated as a balance due to banks, and accordingly is reservable. Q8.i4 re balances due to bankers' banks such as Savings Banks Trust Company and balances due to pri vate banks to be reported in Item La. o f t h e FR 2900? A. Yes. Savings Banks Trust Com pany should be treated as a bank. Balances due to private banks that are not depository institutions are to be reported as bank demand ac counts in Item l.a. Balances due from Savings Banks Trust Company, but not from private banks, are to be included in Item 8. Q9. What is the proper classification o f fu n d s received by a depository in stitution representing payments for loans that the institution is servicing for others? A. Funds received by a depository institution in connection with servic ing of loans for others represent de posits. Where the loan is owned by another depository institution, such funds represent a balance due to an other depository institution until re mitted. Loan repayments received by an institution for loans that it owns represent reductions in an asset ac count and do not give rise to re serves notwithstanding that such pay ments are carried temporarily in a liability account pending proper post ing to the loan accounts. 40 Q10. What is the proper treatment o f a check drawn by a depository insti tution on a zero balance account at a correspondent? A. If a credit union, savings and loan association or other depository institution draws checks on a zero balance account at a correspondent bank and remits funds when advised that the checks have been presented, then the amount of the checks repre sent an amount due to another de pository institution. Although Regula tion D (12 CFR 204.2(bX2)) provides that a check or draft drawn by a de pository institution on another depos itory institution are not demand de posits, such rule applies only where the check or draft is drawn against a positive balance at another institution and would properly represent a re duction in an asset account. In the case of checks drawn on a zero bal ance account, a depository institution is regarded as having issued a reserv able liability. EUROCURRENCY LIABILITIES 0 1 . How are balances due to foreign offices o f other depository institutions treated? A. Borrowings from such offices are treated as nonpersonal time deposits and are reported on the Eurocur rency report form. Balances due to, and borrowings from, an institution’s own foreign branches, whether or not subject to immediate withdrawal, are reported as Eurocurrency liabilities and are reservable net of balances due from those offices. Demand bal ances and borrowings due to foreign offices of affiliated banks are treated as balances and borrowings due to other banks. Q2. I f a foreign bank parent places funds with its United States branch in a capital account, is that account exempt from Eurocurrency reserves? A. No. That must be treated as a balance due to parent. The capital equivalency deduction takes the place of capital for reserve requirement purposes. Q3. There are two de minimis ex ceptions to the Eurocurrency reserve requirement on loans to United States residents, i.e., the $1 million per branch exception and the S I00.000 per borrower exception. How do these exceptions interrelate? A. Example One: If Mr. Jones, a U.S. resident, has a $50,000 loan at a b an k ’s Nassau branch and a $90,000 loan at the ban k ’s London branch and both branches have more than $1 million in loans outstanding to U.S. residents, then the resident exception does not apply since aggre gate loans to Mr. Jones exceeds $ 100,000. Example Two: In Example One, if the London branch had less than $1 million in loans to U.S. residents and the Nassau branch had more than $1 million, only the Nassau branch loans would be subject to re serve requirements. Reservable loans to Mr. Jones would be $50,000 since aggregate credit extended to him by the ban k ’s foreign branches exceeds $100,000. The London branch loan to Mr. Jones is not reservable, how ever, because total loans to U.S. resi dents at that branch do not exceed $1 million. Exam ple Three: If a b an k ’s Nassau branch has twelve loans of $90,000 each to twelve different U.S. resi dents and no other foreign branch has any loans to any of the twelve U.S. residents, then the Nassau branch would have no reportable loans. The branch’s total loans are more than $1 million, but its loan to any one U.S. resident is less than $ 100,000. Example Four: In Example Three, if one of those U.S. residents had an additional loan at the London branch of $20,000, the Nassau branch must report $90,000 in loans. This is true regardless of whether London has more or less than $1 million in loans. If London has more than $1 million, it must report the $20,000 loan to the resident because in the aggregate the b an k ’s loan to that resident totals more than $100,000. Q4 .A re direct borrowings from for eign corporations regarded as Euro currency liabilities? A. Direct borrowings from foreign and domestic corporations that are not depository institutions are liabili ties subject to reserve requirements but are not Eurocurrency liabilities. They are nonpersonal time deposits if their maturity is 14 days or more. They are demand deposits and re ported as transaction accounts if their maturity is less than 14 days. The exemption for Federal funds and Eurocurrency borrowings cover bor rowings from banks and depository institutions. Q5 . I f a foreign bank issues commer cial paper in the United States and the bank's United States branch or agency borrows the proceeds from the bank's head office, are those funds subject to reserves at the domestic ratios? A. No. Commercial paper issued in the United States by a foreign b an k ’s head office is not subject to Federal reserve requirements. How ever, when the proceeds of the sale are channeled to the United States branch or agency, the proceeds be come subject to Eurocurrency reserve requirements as an advance from the foreign bank's head office. Q6. A re balances due from a Federal Reserve Bank to be subtracted from total assets in calculating a foreign bank's United States office's capita! equivalency deduction? A. No. Q7. The calculation by foreign banks o f their capital equivalency deduction requires that the definition o f total assets correspond to the definition on their quarterly call report (FFIEC 002). (However, the amount o f total assets will, in many cases, need to be adjusted to take into account the dif ferent definitions o f “related” institu tions on the two reports.) In order to calculate total assets in Schedule A o f that report, unearned income on loans is to be subtracted. M any for eign banks do not calculate unearned income on loans each day; rather they calculate it only monthly or quarterly. M ust such foreign banks calculate this figure daily? domestic reserve requirements as de mand or time deposits depending on maturity; if the borrowing is a de mand deposit (because the maturity is less than 14 days), then Regulation 0 and Part 329 of the FDIC’s regu lations prohibit the payment of inter est on the borrowing. Q9./4 depository institution has sep arate dem and accounts for each o f several foreign branches o f a single unrelated foreign bank. May amounts due to some o f t h e branches be "netted" against amounts due from other branches for computing amounts due to banks? A. No, unless the separate accounts of the foreign institution serve a bona fide cash management function and if netting is permitted under the law(s) of the country or countries in which the branches are located. A. No. Foreign banks may use the most recently available figure on a consistent basis. Q8. Eurocurrency liabilities include borrowings from “non-United States offices" o f t h e reporting domestic in stitution. Do "non-United States of fices" include foreign o ffices o f a nonbank corporation that is an affili ate o f t h e reporting institution? A. No. “Non-United States offices” in this context means only foreign offices of the foreign bank operating the U.S. agency or branch. Affiliates are separate corporate entities, and their foreign offices are not foreign offices of the foreign bank itself. Borrowings from foreign offices of affiliated depository institutions are reported together with borrowings from other foreign depository institu tions in Column 1 of the FR 2950. Borrowings from foreign offices of affiliated nonbank corporations are treated as deposits and are subject to 41 $> to 3 *0 « m ' Z2 rc Z Report of Transaction Accounts, Other Deposits and Vault Cash V ou musi Iiip a R e p o rt a t C ertain E u ro curre n c y T r a n ta c v o m >1 vOui in sti tu ti o n h a d d u r in g ihe r ep orti ng p e r io d any lo'P ign For the week ended_ boriOMrinQt H your institution ha d no o u is is n d in g ba la nc e s a t transacti on ac c oun ts lliem 71. other n o n p e r s o n e l s a v in g s d e p o s i t s (Men' i l l n o n p er so n a l lime d e p o s its with original maturities ol le ss th e n 3 1 2 y e a r s litem 14.a}, o r ineligible a c c e p ta n c e s or obligati ons by affiliates m a tu ri ng in less th a n 3 1 2 y a a r s ( Sc he dule A, Homo 1 a n d 2 h). y o u n»*d not c o m p le te th is re port Rather, p le as e check th is box. sign t h e report, a n d re tu rn it lo th e d e s ig na te d Federal Re se rv e Bank □ FR 2 9 0 0 OMB Wo 7 1 0 0 - 0 0 8 7 Approval Expire* Septem ber 1982 oq n 19 This re po rt is re quire d by lew (12 U S C I 248lsl and 1461 ] o Tha Federal R eserve Sy st em r ega rd s t h e inform ation prov id e d b y e a c h r e s p o n d e n t a s confidential It ii sh o u ld be d e te r m in e d su b se q u e n tly th a t a ny inform atio n colle cte d on th is fo rm m ust be release d, re s p o n d e n ts will be notified p E3 P* C/5 c PLEASE READ IN S T R U C T IO N S PRIO R TO C O M P L E TIO N OF T H IS REPORT Items 3 3 T R A N S A C T IO N ACCO UNTS Demand Deposits 1 p Due to dep osito ry in stitutio ns a h-( Banks ............................................ ss co b Other depository in stitutio ns 2 U.S. G overnment 3- O ther d e m a n d ................. r+ •-t e o M* O 3 <*> Olher Transactio n Accounts I 4 A T S a c c ou nt s 5 Telephone and preauthor ued transfers . 6 NOW Accounts/Share Drafts .......... .................................. ... . To tal (m ust equal sum o f Items I through 6 a b o v e ). . D E D U C T IO N S FRO M T R A N S A C T IO N ACCO UNTS 8 Demand balances due fro m depository in stitu tio n s in th e U S ........................................................................... 9. Cash items in process o f c o lle c t i o n ........................... O T H E R S AV IN G S A N D TIM E DEPOSITS Other Savings Deposits 10. B-. X Personal .......... 11. N o n p e rs o n a l........................... 12 Total (m ust equal sum o f Items 10 and 11) ................. Please con tinu e on page 2 f R 2900 Paga 3 R e p o 'i an balances as o l th e c i o u o f busin ess each d a y to th e nearest th o u sa n d dollars Item s other S A V IN G S and TIM E D E P O S IT S I c o n t i n u e d I T.m e D e o o t 't t 13 14 P ersonal I r rg a r d ie s t of m a t u r i t y ) . .............. N on p e rs o n ai a Original maturity o ' '•»»* than 3 1 2 yaara b Original maturity of 3 I 7 yaa>a or more 15 T otal lm u s t e q u a l s u m o f Item s 13 a n d 141 16 All tim e d e p o s its >n d e n o m i n a t i o n of $ 1 0 0 0 0 0 or m o r e (in c lu d e d m Ite m s 13 a n d 141 17 V A U L T CASH ............. .......................................... If y o u r in s t it u t i o n h a d n o ineligible a c c e p ta n c e s o r o b lig a tio n s b y a f filia tes , please ch e ck th is b o x a n d d o n o t c o m p l e t e S c h e d u le A. □ _________________________________________________________________________ 1 c e rtify t h a t t h e i n f o r m a ti o n s h o w n o n th is re p o rt is co r re c t N « m e a n d A d d r c t i o* R e p o r t i n g m t i > i u | i o n A u t h o n ta d Signature Please re t u rn by n o later th a n A re # C o d a a n d T » la * jn o n « N u m b * ' To title F R 2950 O M B N o . 7 1 0 0 -0 0 8 7 A pproval E x p ire *—S ep tem b er 1 9 8 2 Report of Certain Eurocurrency Transactions For All Depository Institutions Other Than U.S. Branches and Agencies of Foreign Banks F o r the week ended_____________________________________ _ 19______ If v o u r in s t i t u t i o n had n o o u ts ta n d in g balances t o r e p o r t , please c h e ck t h is b o x , sign th e re p o r t, a nd re tu r n to th e T h is re p o rt is r e q u ire d b y la w [1 2 U .S .C . § 2 4 8 ( a ) a n d § 4 6 1 1 . Fede ral R eserve Ban k d esign ate d b e lo w □ T h e Fede ra l Reserve S y ste m regards t h e i n fo r m a tio n p ro v id e d b y each respondent as co nfid en tia l. I f i t should be determ ined subsequently tha t any in fo rm a tio n collected on th is fo rm must be released, respondents w ill be n o tifie d . P L E A S E R E A D I N S T R U C T IO N S P R IO R T O C O M P L E T IO N O F T H I S R E P O R T C o lu m n 1 B o rro w in g s f r o m N o n -U .S O ffic e s o f O th e r D e p o s ito ry □a y of Week Date in s t itu tio n s and f r o m C e rta in D e s ign ate d N o n -U .S . E n titie s M o n th Day M ils. T hous. C o lu m n 2 C o lu m n 3 Gross L ia b ilitie s G r o u C laim s to O w n On O w n N on- N o n -U .S . Branches U.S. Branches pfus N et plus N et O w n I B F 1-/ O w n I B F 1^ M ils . T ho us. M ils. Assets H e ld by O w n IB F a nd O w n N o n -U .S . Clajma on L ia b ilitie s t o C o lu m n 4 T ho us. Branches A c q u ir e d fro m M ils . U.S. O ffic e s T h o u s. C o lu m n 5 C re d it E x te n d e d b y O w n N o n -U .S . Bran ch es to U.S. R e side nts M ilt . T hou s. T h u rs d a y F rid a y S atu rd ay Ssj nday M onday 1 uesdav W ednesday TOT AL T^apor t o n l y a u n g ie n e t p o s itio n in e ith e r C o l u m n 2 or 3 t h a t represents v o u r n e t due fro m /d u e to p o sitio n w ith yo u r o w n IB F . R efer to th a D etailed in s t ru c t i o n s for th e Prepara tion of the R e p o r t o f C e rta in E u ro cu rren cy T ransactions to dete rm in e th is am o u n t. U n d er n o circum stance should an am o u n t be re p o rt e d m bo th C o l u m n s 2 and 3 t h a t represents yo u r n a t po sitio n w ith y o u r own IB F. ______________________________________________________________ I certify t h a t the in fo rm atio n show n o n this rep o rt is correct. N am e a n d A ddres s o t In s titu ti o n A u th o rized Signature Parson to be contacted concerning this rep o rt Area Coda and T ele ph o n e N u m b e r Please re tu rn b y no later than To Tltfe F R 29 51 OMB No. 7 1 0 0 -0 0 8 7 A p p ro val E x p ire s -S e p tem bar 1 9 8 2 Report of Certain Eurocurrency Transactions From U S. Branches and Agencies of Foreign Banks For the week ended_________________________________ _ 19_____ . I f y o u r in s t itu tio n h a d n o o u ts ta n d in g balances to r e p o r t, please c h e c k th is b o x , sign th e r e p o r t, a nd r e tu r n to th e Federal T h is re p o rt is r e q u ire d b y la w [ 1 2 U .S .C . § 2 4 8 1 a ), § 4 6 1 , a n d § 3 1 0 5 ] . R eserve B ank d esign ate d b e lo w . □ T h e Fe dera l R eserve S ys te m reg ards th e i n fo r m a t io n p r o v id e d b y each re s p o n d e n t as c o n fid e n tia l. I f i t s h o u ld be d e te r m in e d s u b s e q u e n tly th a t a n y i n f o r m a t io n c o lle c te d o n t h is f o r m m u s t b e released, re s p o n d e n ts w i l l be n o t ifie d . P LEAS E R E A D IN S T R U C T IO N S PR IO R TO C O M P L E T IO N O F T H IS R E P O R T C o lu m n 1 B o rro w in g s fr o m Day of W eak D aie N o n -U .S . O ffic e s o f t o N o n -U .S . O th e r D e p o s ito ry Parent Bank I n s t itu t io n s a n d and Its N on -U .S . f r o m C e rta in O ffic e s p lu s N e t D e s ig nated N o n -U .S . L ia b ilitie s to E n titie s M o n th □a y C o lu m n 2 Gross L ia b ilitie s M i is. T h ous . C o lu m n 4 C o lu m n 3 T o ta l Assets M in u s G ross C laim s on N on-U -S. Pa rent B ank a n d Its N on-U .S . O ffic e s P5us N et C e rta in Assets a n d P o s itiv e N e t Balances D ue f r o m O w n IB F C laim s on O w n I B F ^ M ils . T hous. M ils . T ho us . IB F a n d C e rta in R e la te d N o n -U .S . I n s tit u tio n s th a t a n d th e Parent B a n k 's U.S. a n d N o n - U.S. O ffic e s Own I B F ^ C o lu m n 5 Assets Meld b y O w n M ils. v w e A c q u ir e d f r o m U .S . O ffic e s T ho us . M ils. Thoua. T h u rs d a y F rid a y S atu rd ay S unday M onday T uesday W ednesday TOTAL - ^ R e p o r t o n ly a s in g le n e t p o s itio n in e it h e r C o lu m n 2 o r 3 t h a t rep re s e n t* y o u r n e t d u e f r o m / d u e t o p o s itio n w i t h v o u r o w n IB F , R e fe r t o th a D e ta ile d I n s tr u c tio n * f o r th e P re p a ra tio n o f th e R a p o r t o f C e rta in E u r p c u r r e n c y T ra n s a c tio n s t o d e te r m in e th is a m o u n t. U n d e r n o c irc u m s ta n c e s h o u ld an a m o u n t be re p o rte d in b o th C o lu m n s 2 and 3 t h a t re pres en ts y o u r n e t p o s it io n w i t h y o u r o w n IB F . ________________________________________________________I c e rtify that the inform ation shown on this report is correct N a m e and A dd re s s o f I n s t itu t io n A u t h o r iz e d S ig n a tu r e Person to b e c o n ta c te d con< Ares Co de and T e le p h o n e N u m b e r Please return by no later than Title Summary Instructions for the Preparation of the Report of Transaction Accounts, Other Deposits and Vault Cash (FR 2900) Under the Monetary Control Act of 1980, a depository institution that has transaction accounts or nonpersonal time deposits is required to file with the Federal Reserve System a Report o f Transaction Accounts, Other Deposits and Vault Cash (FR 2900). These summary instructions provide a general description o f the items to be reported and focus on those tran s actions that are more common to smaller depository institutions. More detailed instructions, including a com prehensive discussion o f the items to be reported, a discussion of certain special topics, and a glossary that defines important terms, are provided in the Detailed Instructions for the Preparation o f t h e Report o f Trans action Accounts. Other Deposits and Vault Cash that is available from the Federal Reserve B anks.1 This report is used for the calculation of Federal required reserves and for construction of the monetary ag gregates used by the Federal Re serve System in the formulation and conduct of monetary policy. Efficient management of required reserves begins with the accurate and timely preparation of this report. Rules governing the reserve requirement provisions of the Monetary Control Act are contained in the Federal Reserve’s Regulation D, “ Reserve Requirements of Depository In stitutions,” which is available from the Federal Reserve Banks. GENERAL INSTRUCTIONS Who must report. The following depository institutions that have trans action accounts or nonpersonal time deposits must submit the Report o f Transaction Accounts, Other Deposits and Vault Cash: 1. Federally-insured commercial or industrial banks (or any bank that is eligible to apply for FDIC in surance); 2. mutual or stock savings banks; 3. building, savings and loan, or homestead associations and cooperative banks that are mem bers of a Federal Home Loan Bank or that are insured by the FSLIC (or any institution that is eligible to apply for FSLIC in surance); 4. credit unions that are insured by the NCUA Board (or any credit union that is eligible to apply for such insurance); 5. Edge Act and Agreement cor porations; 6. U.S. branches and agencies of foreign banks with consolidated worldwide bank assets in excess of $1 billion; and 7. other U.S. branches of foreign banks that are eligible to apply for FDIC insurance. Frequency of report. Commercial or industrial banks, mutual or stock savings banks, savings and loan associations, and credit unions with total deposits of less than $15 million as of December 31, 1979, may file one weekly report each calendar quarter as specified by the Federal Reserve Bank. All such institutions with total deposits of $15 million or more, as well as all U.S. branches and agencies of foreign banks, and all Edge Act and Agreement corporations, must file a report each week.2 How to report. The reporting (or com putation) period is the seven-day period that begins on Thursday and ends the following Wednesday. The report shall reflect amounts out standing as of the close of business each day of the reporting period. For any day on which the reporting in stitution was closed, the institution should report the closing balances as of the preceding day. Amounts re ported should be rounded and reported to the nearest thousand U.S. dollars. Banks, savings and loan associations, and credit unions shall prepare and file a report that consolidates the head office and all branches (and operations subsidiaries or service cor porations, if applicable) located in the 50 states of the United States or the District o f Columbia. U.S. branches and agencies of foreign banks and Edge Act and Agreement corporations shall prepare and file a report that combines all offices located within the same state and within the same Federal Reserve District. Negative or overdrawn balances in ac count should be regarded as zero when computing deposit totals. Similarly, balances “due from ” or “due to ” other depository institutions must not be regarded as negative when such accounts are overdrawn; rather, these accounts should be regarded as having a zero balance when computing deposit totals. With the exception of Item 16 “ All Time Deposits in Denominations of $100,000 or more” , which includes large time deposits also reported in Items 13 and 14, deposits should be classified according to the instructions in this booklet or in the related Detailed Instructions booklet and reported in only a single item on this report. Such single-category reporting is essential in order to avoid the im position of unnecessary reserve re ^ Every depository institution th a t o b ta in s fu n d s from a n o n -U .S. so u rce o r th a t h as non-U .S. offices (excluding those located on U.S. m ilitary facilities o u ts id e th e U.S.) m u s t also file with the F ederal Reserve a Report ol Certain Eurocurrency Transactions. Korins an d in stru c tio n s for this rep o rt m ay be o b ta in e d from th e F ed eral Reserve B anks. ^The Federal Reserve Board has deferred reporting and reserve requirements for those depository institutions other than Edge Act and Agreement corporations, U.S. branches and agencies of foreign banks and member commercial banks, with total deposits of less than S2 million as of December 31, 1979 and less than SI 5 million as of December 31, 1980 and as of December 31, 1981. Reporting by such institutions organized de novo since December 31, 1979 with less than S15 million in total deposits as of December 31, 1980 and as of December 31, 1981 is also deferred. When total deposits of such institutions exceed $15 million after December 31, 1981, the institution must begin reporting on a quarterly basis. 46 quirements and to provide accurate monetary statistics. D E F IN IT IO N S U .S ./n o n -U .S . For purposes of this report, the term “United States” (or “ U.S.” ) is defined as the 50 states of the United States and the District of Columbia. The terms “non-U.S.” and “foreign” are defined as Puerto Rico, territories and possessions of the United States, and all countries other than the United States. D ep osits. The term “deposits” has a special meaning in Regulation D and in this report. Deposits include not only funds received by the depository institution for which credit has been or is obligated to be given to a deposit account maintained by the institution, but also certain other liabilities of the institution. Such liabilities arise from “primary obligations” that are issued or undertaken by the depository in stitution as a means of obtaining funds, and consist of (1) promissory notes (including commercial paper, credit union certificates of in debtedness, and mortgage-backed bonds), acknowledgements of advance, and other similar obligations that are issued to “nonexempt entities” (as defined below); (2) repurchase agreements entered into with “nonexempt entities” on any asset other than an obligation of, or fully guaranteed as to principal and interest by, the U.S. Government or Federal agencies; and (3) due bills, regardless of to whom issued, that have not been collateralized within three business days from the date of issuance by a similar security. Except for due bills described above, primary obligations undertaken with “exempt entities” are not deposits under Regulation D. Note, however, that those liabilities which your institution books as deposits (or shares) are always deposits, regardless of the status of the depositor. Many of the transactions giving rise to a deposit liability are described in the instructions for specific items to be reported. There are, however, many deposit liabilities, such as those arising from “primary obligations” described above, that are not discussed in detail in these summary instructions. For a thorough discussion of deposits and these types of transactions, please refer to the Detailed Instructions for the Preparation o f t h e Report o f Trans action Accounts, Other Deposits and Vault Cash. Exem pt en tities. The term “exempt entities” that is used in these in structions consists of U.S. offices of the following institutions: National Credit Union Ad ministration Central Liquidity Facility, Federal Financing Bank, Student Loan Marketing Association, and National Credit Union Share Insurance Fund; 10. Export-Import Bank of the U.S.; 11. Government Development Bank of Puerto Rico; 12. Minbanc Capital Corporation; 13. securities dealers, but only when the borrowing (a) has a maturity of one day, (b) is in immediatelyavailable funds, and (c) is in con nection with the clearance of securities; 1. U.S. commercial banks and trust companies and their operations subsidiaries; 14. the U.S. Treasury (Treasury Tax and Loan Account note balances); and 2. U.S. branches or agencies of a bank organized under foreign (non-U.S.) law; 15. New York State investment com panies (chartered under Article XII of the New York State Banking Code) th at perform a banking business and are m a jority-owned by one or more nonU.S. banks. 3. Edge Act and Agreement cor porations; 4. industrial banks; 5. mutual and stock savings banks; 6. building or savings and loan associations and homestead associations; 7. cooperative banks; 16. Investment companies and trusts in which the entire beneficial interest is held by depository institutions. N onexem pt en tities. The term “nonexempt entities” includes any in stitution other than those listed above under “exempt entities.” 8. credit unions; Personal deposits. Personal savings 9. the U.S. Government and its agencies and instrumentalities, such as the Federal Reserve Banks, Federal Home Loan Bank Board, Federal Home Loan Banks, Federal Intermediate Credit Banks, Federal Land Banks, Banks for Cooperatives, the Federal Home Loan Mortgage Corporation, Federal Deposit In surance Corporation, Federal National Mortgage Association, and time deposits include non transferable deposits in which the en tire beneficial interest is held by a natural person (an individual or a sole proprietorship). For any such deposit issued on or after October 1, 1980, the document that evidences the ac count—whether in certificate, passbook, statement, contract, or book-entry form— must contain a statement indicating that the deposit is nontransferable; however, a deposit 47 issued to and held by a natural person prior to October 1, 1980, regardless of its transferability, is also a personal deposit. Any deposit in which the entire beneficial interest is held by a natural person in an Individual Retirement Account or Keogh Plan Account, in a nontransferable time deposit account held by an employer as part of an unfunded deferred com pensation plan established pursuant to subtitle D of the Revenue Act of 1978 (Pub. L No. 95-600, 92 Stat. 2763), in an escrow account, or in an account held by a trustee or other fiduciary is also a personal time deposit. N onpersonal deposits. Nonpersonal savings and time deposits are defined to include deposits in which any beneficial interest is held by a depositor other than a natural person, or any deposit issued on or after Oc tober 1, 1980, that does not specifically state that it is non transferable. A depositor other than a natural person includes a partnership, a governmental unit, and any cor poration, even if owned solely by an individual. T reatm ent o f pass-through balances. A depository institution may satisfy reserve requirements by holding vault cash or by holding its required reserve balance at the Federal Reserve. A depository institution that is not a member of the Federal Reserve System, a U.S. branch or agency of a foreign bank, or an Edge Act or Agreement corporation (“respondent” ) is authorized to hold its required reserve balance at the Federal Reserve in one of two ways. The respondent may deposit its required reserve bal ance directly with the Federal Reserve Bank or Branch which serves the territory in which it is located. Alter natively, in accordance with procedures adopted by the Board, the respondent may elect to pass its required reserve balance through a “correspondent.” The correspondent may be a Federal Home Loan Bank, 48 the NCUA Central Liquidity Facility, a depository institution that holds a required reserve balance directly at a Federal Reserve Bank or Branch, or an institution that has been authorized by the Board to pass through required reserve balances. The correspondent must pass through these required reserve balances to the Federal Reserve Bank or Branch in the territory in which the main office of the nonmember respondent in stitution is located. The correspondent institution shall ex clude from this report all balances received from nonmember respondent institutions and subsequently passed through to the appropriate Federal Reserve Bank or Branch. A respon dent institution shall exclude from this report all balances that the correspon dent passes through to the Federal Reserve Bank or Branch on behalf of the respondent. IT E M -B Y -IT E M IN ST R U C T IO N S T ransaction A ccounts (Item s 1 through 7) Transaction accounts include all demand deposits and all other ac counts from which the depositor or ac count holder is permitted to make withdrawals by (1) negotiable or trans ferable instruments (such as checks, drafts, negotiable orders of with drawal, or share drafts); (2) the use of a debit card; (3) telephone or preauthorized transfers to third p ar ties or to another account, when more than three such transfers per month— defined as a calendar month, or any period approximating a month that is at least four weeks long, such as a statement cycle— are permitted; and (4) transfers to third parties through the use of an automated teller machine (ATM) or remote service unit (RSU). Transaction accounts are reported in Items 1 through 7 as defined below. Demand deposits, to be reported in Items 1 through 3, are defined as deposits that are payable immediately on demand or issued in original maturities of less than 14 days, or that are payable with less than 14 days notice, or for which the depository in stitution does not reserve the right to require at least 14 days written notice of an intended withdrawal. For pur poses of this report, demand deposits include, but are not limited to, (1) checking accounts (excluding NOW or share draft accounts); (2) certified, of ficers’, bank, tellers’, and cashiers’ checks drawn on the reporting in stitution; (3) unremitted funds from the sale of travelers’ checks or money orders; (4) taxes, insurance premiums or other funds withheld from the salaries o f employees o f the reporting institution; (5) matured time deposits or credit union share certificates (unless the deposit agreement specifically provides for automatic renewal at maturity or for transfer of the funds to a savings or share ac count); (6) credit balances that meet the definition of demand deposits; (7) funds received or held in connection with letters of credit sold to cus tomers; and (8) funds received or held in escrow or trust accounts that may be withdrawn on demand or within 14 days from the date of deposit. Demand deposits also include those liabilities referred to as “primary obligations” that are described earlier under Definitions, and that are issued in original maturities of less than 14 days or payable with less than 14 days notice. Item l.a : D em an d D ep osits D u e to B anks. Report in this item the balance of all demand deposits (excluding “primary obligations” other than due bills that are not collateralized within three business days as described earlier) that are due to U.S. offices of the following institutions located in the United States: (1) commercial banks (including private banks) or industrial banks and trust companies conducting a commercial banking business; (2) U.S. branches and agen cies of foreign banks; (3) Edge Act and Agreement corporations; and (4) New York State investment companies (chartered under Article XII of the New York State Banking Code) that perform a banking business and that are majority-owned by one or more non-U.S. banks; and (5) banker’s banks that are organized as commer cial banks. All demand balances due to these institutions may be reported gross or net (on an institution-byinstitution basis) of balances due from these institutions. Also include in this item all demand balances due to non-U.S. offices of other U.S. banks, of other Edge Act and Agreement corporations, and of foreign banks. All demand balances due to these institutions must be reported gross. Item l.b : D em a n d D ep osits D u e to O ther D epository In stitu tions. Report in this item the balance of all demand deposits (excluding “primary obliga tions” other than due bills that are not collateralized within three business days as described earlier) th at are due to m utual or stock savings banks, in cluding those that are bankers’ banks; building or savings and loan associa tions, homestead associations, or cooperative banks, including those that are bankers’ banks, and credit unions (including corporate central credit unions). All dem and balances due to these institutions must be reported gross. Item 2: U .S . Govern m en t D em an d D ep osits. Report in this item the balance of all demand deposits (ex cluding “primary obligations” other than due bills that are not collateral ized within three business days as described earlier) that are subject to control or regulation by the U.S. Government, including U.S. Treasury Tax and Loan Accounts (such as Federal income tax payments, social security tax deposits, other Federal tax payments, and the proceeds trom the sale o f U.S. Savings Bonds); U.S. Treasury general accounts; U.S. Treasury compensating balance ac counts; Postmaster’s demand deposit accounts; and demand deposits of the Tennessee Valley Authority and disbursing officers of the Department of Defense and the Department of the Treasury. Exclude demand deposits due to U.S. Government agencies and in strumentalities and demand deposits due to state or local governments or their political subdivisions (reported in Item 3). Exclude from this item and from this report Treasury Tax and Loan Account note balances. Item 3: O ther D em an d D ep osits. Report in this item the balance of all demand deposits (excluding “primary obligations” other than due bills that are not collateralized within three business days except as described in the following paragraph) th at are held for individuals, partnerships, and cor porations; state and local governments and their political subdivisions; U.S. Government agencies and in strumentalities; foreign governments and international institutions; non deposit or limited purpose trust com panies; and trust departments o f the reporting institution and of other in stitutions. This item should also in clude withheld state and local govern m ent taxes, insurance premiums and similar items; certified, officers’, bank, tellers’, and cashiers’ checks; unremit ted funds from the sale of travelers’ checks and money orders; and nonin terest-bearing deposits subject to negotiable orders of withdrawal (NINOWS); and deposits subject to payment order of withdrawal (POWs). Also include in this item those liabilities referred to as “primary obligations” that are described earlier under Definitions, and that are issued in original maturities of less than 14 days or payable with less than 14 days notice. Item 4: ATS A ccoun ts. Report in this item the balance of all savings deposits of individuals that are authorized for automatic transfer to demand deposit or other accounts pursuant to written agreement arranged in advance between the reporting institution and the depositor. A savings account from which more than three transfers could be m ade in a month to a checking, NOW, or share draft account to cover overdrafts shall be regarded as a transaction account and reported in this item. A month is defined as a calendar month, or any period ap proximating a month that is at least four weeks long, such as a statement cycle. Item 5: T eleph one or Preauthorized Transfer A ccoun ts. Report in this item the balance of savings deposits, share accounts, or time deposits from which the depositor is permitted or authorized to make more than three withdrawals per month for purposes of transferring funds to another account or for making a payment to a third party by means of preauthorized or telephone agreement, order, or in struction. An account that permits or authorizes more than three such with drawals in a calendar month is in cluded in this item whether or not more than three such withdrawals ac tually are made. A month is defined as a calendar month, or any period approximating a month that is at least four weeks long, such as a statement cycle. Also report in this item the balance of all savings deposits and time deposits (including share and share certificate accounts) from which payments may be made to third parties by means of a debit card, an automated teller machine, remote service unit, or other electronic device, regardless o f the num ber o f payments made. An account is not a transaction ac count merely by virtue of an arrangement that permits withdrawals 49 for the purpose of repaying loans and associated expenses at the same report ing institution (as originator or ser vicer). In addition, an account is not a transaction account merely because withdrawals to be paid directly to the depositor can be effected by telephone or preauthorized order. Exclude from this item those accounts that permit no more than three telephone or preauthorized transfers a month, and all demand deposits, ATS accounts, and NOW accounts, even if telephone or preauthorized tran s actions are permitted from such ac counts. Item 6: N O W A ccou n ts/S h are D rafts. Report in this item the balance of all interest-bearing negotiable order of withdrawal (NOW) accounts and all share draft accounts. Item 7: Total Transaction A ccounts. Report in this item the sum of Items l.a, l.b , 2, 3, 4, 5, and 6. D ed uctions (Items 8 and 9) Item 8: D em and B alances D u e From Depository Institutions in the U .S . Report in this item the balance of all deposits (excluding “primary obli gations” other than due bills that are not collateralized within three business days as described earlier) subject to immediate withdrawal that are due from U.S. offices of the following in stitutions located in the U.S.: (1) commercial or industrial banks and trust companies conducting a commer cial banking business; (2) Edge Act and Agreement corporations; (3) U.S. branches and agencies of foreign (nonU.S.) banks; (4) mutual or stock sav ings banks; (5) credit unions; and (6) building or savings and loan asso ciations, homestead associations, or cooperative banks; and (7) all deposi tory institutions that are bankers’ banks as defined in 12 CFR S 204.121. Exclude from this item all balances 50 due from Federal Reserve Banks, in cluding (1) your institution’s reserve balances held directly with the Federal Reserve; (2) your institution’s reserve balances that were passed through to the Federal Reserve by a correspon dent; (3) reserve balances of another institution for which your institution is serving as pass-through agent (correspondent) and that were passed through by your institution to the Federal Reserve; and (4) your in stitution’s clearing balances m ain tained at a Federal Reserve Bank (see the paragraph above under Definitions on “Treatment of pass-through bal ances” ). Also exclude (1) all balances due from any non-U.S. office of a U.S. depository institution; any non-U.S. office of a foreign bank; trust com panies that do not conduct a com mercial banking business; and New York State investment companies (chartered under Article XII of the New York State Banking Code) that perform a banking business and that are majority-owned by one or more non-U.S. banks; private banks; Federal Home Loan Banks; and Na tional Credit Union Administration Central Liquidity Facility; (2) ballances due from other depository in stitutions that are pledged by your in stitution; (3) time and savings deposit balances held at other depository in stitutions; (4) trust funds deposited in other depository institutions by your institution’s trust department; and (5) cash items in process of collection. Item 9: Cash Item s in Process o f C ollection. Report in this item the tion and checks or drafts on hand that will be presented for payment or forwarded for collection on the following business day. If the reporting institution is given im mediate credit for checks or drafts deposited with its correspondent, report such checks or drafts as “due from” balances in Item 8. 2. Government checks drawn on the Treasury of the United States that are in the process of collection. 3. Such other items in the process of collection that are payable im mediately upon presentation in the United States and that are customarily cleared or collected by depository institutions as cash items, including (a) drafts payable through another depository in stitution; (b) NOW or NINOW ac count drafts; (c) credit union share drafts; (d) redeemed bonds and coupons; (e) food coupons and cer tificates; (f) postal and other money orders, and traveler’s checks; (g) amounts credited to deposit ac counts in connection with automated payment arrangements where such credits are made one business day prior to the scheduled payment date to insure that funds are available on the payment date; (h) returned items and unposted debits; and (i) broker security drafts. Exclude from cash items in process of collection any items handled as non cash collections, credit card sales slips and drafts, and debit slips. balance of all cash items in process of collection, including: Other Savings D ep osits (Items 10 and 11) 1. Checks or share drafts in the process of collection, drawn on a bank or other depository in stitution, that are payable im mediately upon presentation in the United States, including checks or drafts forwarded to a Federal Reserve Bank in process of collec Savings deposits (including credit union regular share accounts) are defined as deposits (including “primary obligations” as described earlier) that are not payable on a specified date or after a specified period of time from the date of deposit, but for which the depository institution expressly reserves the right to require at least 14 days writ ten notice before an intended with drawal. organization operated for profit are limited to $150,000. “ Savings” deposits in excess of this amount must be reported as demand deposits. Report in Item 10 or 11 the balance of all savings deposits not reported as transaction accounts in Items 1 through 6. Other savings deposits in clude: (1) savings deposits subject to telephone or preauthorized transfer where the depositor is not permitted or authorized to make more than three withdrawals per calendar month, or any period approximating a month that is at least four weeks long, for purposes of transferring funds to another account or for making a payment to a third party; (2) savings deposits in the form of IRA or Keogh Plan Accounts; (3) escrow and trust accounts that meet the criteria for savings deposits; (4) credit balances that meet the criteria for savings deposits; (5) matured time deposits if the contract calls for conversion to a savings deposit upon maturity; and (6) interest or dividends paid by crediting savings deposits accounts. Exclude from other savings deposits any NOW or share draft accounts (reported in Item 6); NINOW and POW accounts (reported in Item 3); ATS accounts (reported in Item 4); special passbook or statement ac counts, such as “ ninety-day notice ac counts,” “golden passbook accounts” , or savings certificates, that have a specified original maturity or required notice period of 14 days or more (reported in Items 13 or 14); and in terest or dividends accrued but not yet paid or credited to a savings deposit or share account. All club accounts or special purpose accounts, such as Christmas, vacation, or similar accounts (whether in the form of savings or time deposits), should be reported as savings deposits by all Edge Act and Agreement cor porations and by all commercial banks that were members of the Federal Reserve System (1) on Sep tember 1, 1980 or (2) on or after July 1, 1979 but that withdrew from m em bership prior to September 1, 1980. For all other depository institutions, only those club accounts in the form of savings deposits should be reported as savings deposits; those club ac counts in the form of time deposits should be reported as time deposits (Item 13 or 14). Note that for commercial banks. Edge Act and Agreement corporations, and U.S. branches and agencies of foreign banks, savings deposits held by a cor poration, association, or other Item 10: O ther Savings D ep osits— Personal. Report in this item the bal ance of all other savings deposits or share accounts that represent funds in which the entire beneficial interest is held by one or more natural persons. Also include as “ personal” savings de posits: (1) all Individual Retirement Ac counts (IRA) and Keogh Plan Accounts in the form of savings deposits, and (2) trust funds held in the name of a trustee or other fiduciary if the entire benefi cial interest is held by a natural person and other conditions of a savings depos it are met. In addition, escrow accounts are regarded as “personal” savings deposits if the depositor is a natural person and the other conditions of a savings deposit are met, even if the funds are held by the reporting in stitution as escrow agent. Item 11: Other Savings D ep osits— N onpersonal. Report in this item the balance of all other savings deposits or share accounts that are tran s ferable and that represent funds in which any beneficial interest is held by a depositor that is not a natural person. Item 12: T otal O ther Savings D ep osits. Report in this item the sum of Items 10 and 11. T im e D ep osits (Item s 13 through 16) Time deposits are defined as deposits that are payable on a specified date, after a specified period of time from the date of deposit, or after a specified notice period, which in all cases may not be less than 14 days from the date of deposit. Time deposits may be in terest-bearing or noninterest-bear ing. For purposes of this report, time deposits include, but are not limited to, (1) time certificates of deposit or share certificate accounts (whether negotiable or nonnegotiable); (2) time deposit or share certificate open accounts; (3) savings certificates, notice accounts, and passbook ac counts; (4) money m arket time deposits; (5) escrow funds or trust ac counts that meet the criteria o f time deposits; (6) credit balances that meet the definition of time deposits; (7) all Individual Retirement Accounts (IRA) and Keogh Plan Accounts held in the form o f time deposits; (8) Non transferable time deposits held by an employer as part of an unfunded de ferred compensation plan established pursuant to subtitle D of the Reserve Act o f 1978 (Pub. L No. 95-600, 92 Stat. 2763); (9) time deposits or share certificates maintained as compen sating balances or pledged as col lateral for loans; and (10) all interest or dividends paid by crediting time deposit accounts. Time deposits also include those liabilities referred to as “primary obligations” that are described earlier, and that are issued in an original maturity or with a required notice period of 14 days or more. In addition, all depository institutions other than Edge Act and Agreement corporations, commercial banks that were members of the Federal Reserve System on September 1, 1980, and commercial banks that were members of the System on or after July 1, 1979 but withdrew from membership prior to September 1, 1980, should include as time deposits those club accounts 51 in the form of time deposits (see p ara graph under “Other Savings Depos its” for treatment of club accounts). $100,000 or more, do not combine separate accounts or certificates, even if held by the same customer. Exclude from time deposits matured time deposits that are not auto matically renewed (to be reported as a demand or savings deposit, as a p propriate). Exclude from time deposits and from this report subordinated notes and debentures, borrowings from “exempt entities” , and interest or dividends accrued but not yet paid or credited to a time deposit or share certificate account. Item 17: V ault Cash (tellers’ cash, Item 13: T im e D ep osits— Personal. Report in this item all time deposits, regardless of maturity, that meet the criteria for “personal” deposits as specified in the Definitions section. Item 14: T im e D ep osits— Nonpersonal. Report in Item 14.a the balance of all time deposits that meet the criteria for “nonpersonal” time deposits as specified in the Definitions section with original maturities of less than 3 l/2 years. Report in Item 14.b the balance of all time deposits that meet the criteria for “nonpersonal" time deposits as specified in the Defi nitions section with original maturities of 3'/2 years or more. Item IS: T otal T im e D ep osits. Report in this item the sum of Items 13, 14.a, and 14.b. Item 16: A ll tim e deposits in d enom ination o f $100,000 or m ore. Report in this item the balance of all time deposits (including share cer tificate accounts), both personal and nonpersonal, of $100,000 or more reported in Item 13 or 14. Include deposits issued in denominations of less than $100,000 that, because of in terest or dividends paid or credited, have a current balance of $100,000 or more. Also include all “ primary obligations” that are reported in Item 13 or 14. In determining if a time deposit is 52 cash working funds). Include as vault cash only U.S. currency and coin owned and held by the reporting in stitution, whether or not held on the premises, that may, at any time, be used to satisfy depositors’ claims; U.S. currency and coin in transit to a Federal Reserve Bank or a correspon dent depository institution if the reporting institution has not yet received credit; and U.S. currency and coin in transit from a Federal Reserve Bank or a correspondent depository institution if the reporting institution has already been charged. Exclude foreign currency and coin; currency and coin whose numismatic or bullion value is in excess of face value; and currency and coin that the reporting institution does not have the full right to use, such as coin collec tions held for safekeeping, or currency and coin sold under a repurchase agreement or purchased under a resale agreement. Schedule A: O ther R eservable O bligations by R em aining M aturity. For a discussion of the items to be reported in this schedule (obligations by affiliates and ineligible ac ceptances), refer to the Detailed In structions for the Preparation o f t h e Report o f Transaction Accounts, Other Deposits and Vault Cash. APPENDIX D 1982 Reporting and Reserve Maintenance Schedules Member and Nonmember Quarterly Respondents Group A Reporters' Group B Reporters' Group C Reporters' Oct. 15 - 21 Nov. 12 - Feb. 17 Nov. 19 - 25 Dec. 17 - Mar. 17 Dec. 17 - 23 Jan. 14 - Apr. 14 Jan. 2 1 - 2 7 Feb. 18 - May 12 Feb. 18 - 24 Mar. 18 - June 16 Mar. 1 8 - 2 4 Apr. 15 - July 14 Apr. 15 - 21 May 13 - Aug. 11 May 20 - 26 June 17 - Sept. 15 June 17 - 23 July 15 - Oct. 13 July 15 - 21 Aug. 12 - Nov. 17 Aug. 19 - 25 Sept. 16 - Dec. 15 Sept. 16 - 22 Oct. 14 - Jan. 12 Oct. 2 1 - 2 7 Nov. 18 - Feb. 16 Nov. 18 - 24 Dec. 16 - Mar. 16 Dec. 16 - 22 Jan. 13 - Apr. 13 1981— 4th Quarter Computation Period Maintenance Period 1982—1st Quarter Computation Period Maintenance Period 1982—2nd Quarter Computation Period Maintenance Period 1982—3rd Quarter Computation Period Maintenance Period 1982— 4th Quarter Computation Period Maintenance Period 1U n d er t h e stagge red reporting c y c le , G r o u p A rep o rters rep o rt d u rin g the first month o f each calen d ar q u arter ( i. e . , J an u ary , A p ril, J u ly , and O cto b e r); G r o u p B reporters report d u rin g the second m onth o f e ach calen d ar quarter ( i. e . , F e b ru ary , M ay, A ugust, and N o v em b e r); and G ro u p C reporters rep o rt d u rin g th e third m o n th o f ea ch calendar quarter ( i.e ., M arch , J u n e ,.S e p te m b e r , and D ecem b er). 53 List o f Federal Reserve Banks and Branches FEDERAL RESER VE B A N K A D D R E SS B OSTON* 600 A tla n tic A venu e. Boston, M assachusetts 0 21 0 6 NEW YO RK* 33 L ib e rty Street (Federal Reserve P .O . S tation ). N ew Y o r k , N ew Y o r k 10045 B u ffa lo Branch 160 D e la w a re A venu e (P .O . Box 961), B u ffa lo . N ew Y o rk 14240 P H IL A D E L P H IA 100 N o rth S ixth Street ( P .O . B ox 66), P h ila d e lp h ia . Pennsylvania 19105 CLEVELAND* 1455 East S ixth Street (P .O . Box 6 38 7 ), C leveland. O h io 44101 C in c in n a ti B ranch 150 E ast F o u rth Street (P .O . Box 999), C in c in n a ti, O h io 45201 P ittsburgh B ranch 717 G r a n t Street (P .O . B ox 867), P itts b u rg h , Pennsylvania 15230 R IC H M O N D * 701 East B yrd Street (P .O . Box 27622), R ic h m o n d , V ir g in ia 232 1 9 B altim o re B ranch 114 -1 2 0 E ast Lexing ton Street (P .O . Box 1378), B a ltim o re , M a ry la n d 2 12 0 3 C h a rlo tte B ranch 401 South T ry o n Street (P .O . Box 30248), C h a rlo tte , N o rth C a ro lin a 2 82 3 0 C u lp ep er C om m u n ic a tio n s and Records C en ter ATLANTA P .O . D ra w e r 2 0, C u lp ep er, V ir g in ia 22701 104 M a r ie tta Street, N .W . , A tla n ta , G e o rg ia 3 0 3 0 3 (P .O . Box 1731, A tla n ta , G e o rg ia 30301) B irm in g h a m B ranch 1801 F ifth A ve nu e, N o rth (P .O . B ox 10447), B irm in g h a m , A la b a m a 35202 Jacksonville B ranch 5 15 Julia Street, Jacksonville, F lo rid a 32231 M ia m i B ranch 3 77 0 S .W . 8th Street, C oral G ables, F lo rid a 3 3 1 7 8 (P .O . Box 520 8 7 , M ia m i. F lo rid a 3 31 5 2 ) N ashville B ranch 301 E ig h th A venue, N o rth , N ashville, Tennessee 37203 N ew O rleans B ranch 5 25 St. C harles A venue (P .O . B ox 616 3 0 ), New O rle a n s , Louisiana 70161 C H IC A G O * 2 30 South La S a lle Street (P .O . B ox 834), C hicago, Illin ois 6 0 6 9 0 D e tro it B ranch 160 F o rt Street, W e s t (P .O . Box 1059), D e tro it, M ic h ig a n 48231 S T . L O U IS 411 Locust Street (P .O . B ox 442 ), St. Louis, M is s o u ri 63166 L ittle R ock B ranch 325 W e s t C a p ito l A venu e (P .O . Box 1261), L ittle R ock, A rk a ns a s 72203 Louisville B ranch 4 1 0 South F ifth Street (P .O . Box 327 1 0 ), Louisville, K e n tu c k y 4 0 2 3 2 M e m p h is B ranch 200 N o rth M a in Street (P .O . Box 407), M e m p h is , Tennessee 38101 M IN N E A P O L IS 250 M a rq u e tte A venue, M in n e a p o lis , M in n e so ta 5 54 8 0 H e le n a B ranch 4 0 0 N o rth P a rk A venu e, H e le n a , M o n ta n a 59601 K A N S A S C IT Y 925 G r a n d Avenue, K ansas C ity , M is s o u ri 6 4 1 9 8 D en ver B ranch 1020 16th Street (P .O . Box 5228, T e r m in a l A n n e x ), D en ve r, C o lo ra d o 80217 O k la h o m a C ity B ranch 226 D e a n A . M c G e e , A ve n u e (P .O . B ox 2 5 1 2 9 ), O k la h o m a C ity , O k la h o m a 73 1 2 5 O m a h a B ranch 102 South Seventeenth Street, O m a h a , N eb ra s k a 68 1 0 2 DALLAS 4 0 0 South A k a r d Street (S ta tio n K ), D a lla s , T e xas 75222 El Paso B ranch 301 E ast M a in Street (P .O . Box 100), E l Paso, Tex as 79999 Houston B ranch 1701 San Jacinto Street (P .O . B ox 2578), H ouston , Texas 77001 San A n to n io B ranch 126 E ast N ueva Street (P .O . B ox 1471), San A n to n io , Texas 78295 S A N F R A N C IS C O 4 0 0 Sansom e Street (P .O . Box 7702), San Francisco, C a lifo rn ia 94120 Los Angeles B ranch 4 0 9 W e s t O ly m p ic B oulevard (P .O . Box 2077), Los A ngeles, C a lifo rn ia 90051 P o rtla n d B ranch 9 1 5 S .W . S ta rk Street (P .O . Box 3436), P o rtla n d , O regon 9 72 0 8 Salt L a k e C ity B ranch 120 South State Street (P .O . Box 30780), Salt L a k e C ity, U t a h 8 4 1 3 0 Seattle B ranch 1015 Second A venue (P .O . Box 3567), Seattle, W a s h in g to n 981 2 4 • A d d itio n a l offices o f th e se B an k s are located a t Lewiston, M a in e 04240; W in d so r Locks. C o n n ec tic u t 06096; C ra n fo rd , New Jersey 07016; Jerich o, New Y ork 11753; Utica at O ris k an y . New Y ork 13424; C o lu m b u s, O h io 43216; C o lu m b ia , S o u th C aro lin a 29210; C h arles to n , W est V irginia 25311; Des M oines, Iowa 50306; I n d ia n a p o lis. I n d ia n a 46204; and M ilw aukee. W isco n sin 53202. 54 Boundaries of Federal Reserve Districts and Their Branch Territories M i n n e a p o l i s <g. D e tr o it 'land i ^ .p li& n r Chicago O m ah i ?*C'SCO Kansas Ci t y t. Loui s p fji g r lo tt y V \Oktahoma City I . H /* " ‘ f / ./f f /f flo e * \ B irm in g h a m 1 / / fe o jack*®" Houston NewOrlroni San Antonio o Q> HAWAII © Legend Boundaries o f © Federal Reserve Districts Boundaries ol Federal Reserve Branch (i) Board o f G overnors o f the • Federal Reserve Branch Federal Reserve System Cities Federal Reserve Bank Cities Federal Reserve Bank F a c ility T e rrito rie s FRB 3-10000-0582-C 55