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federal

R eserve Ba nk o f Dallas
DALLAS, TE X A S

75222

Circular No. 72-256
November 8 , 1972

To All Member Banks and Others Concerned
in the Eleventh Federal Reserve District:

Enclosed is a reprint of Regulation Q, of the Board of
Governors of the Federal Reserve System as amended effective
January 1, 1971.

This replaces your copies of the regulation, as

amended effective February 12, 1970, and the amendments thereto,
effective June 30, 1970 and January 1, 1971 (which is the latest
amendment to the regulation).

Please retain your copy of the

supplement, effective June 2 k , 1970, to Regulation Q.

Yours very truly,
P. E. Coldwell,
President

Enclosure

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

BOARD OF GOVERNORS
of the
FEDERAL RESERVE SYSTEM

INTEREST ON DEPOSITS

REGULATION Q
(12 C F R 217)

As amended effective January 1, 1971

Any inquiry relating to this regulation should be addressed to the Federal
Reserve Bank of the Federal Reserve District in which the inquiry arises.

CONTENTS

Page

Page
Sec . 2 1 7 .0 — Scope

of

Pa

r t

.......................................

3

Se c . 2 1 7 .4 — P a y m e n t
B efore

Sec . 2 1 7 .1 — D

.............................................

3

(a) D em and deposits ...................................

3

e fin it io n s

(b) Time d e p o s i t s ..........................................

3

(c) Time certificates of d e p o s i t ................

3
4

(f) Deposits as including certain
promissory notes ..............................

4

of

T im e D

epo s it s

......................................................

6

(a) Time deposits payable on a specified
d a t e ........................................................ 6
(b ) Time deposits payable after a specified
period .................................................... 6

(d) Time deposits, open a c c o u n t .............. 3
(e) Savings deposits .....................................

M a t u r it y

(c) Time deposits payable after a specified
notice .................................................... 6
(d ) Paym ent in emergencies .....................

6

(e) Loans upon security of time deposits 6

(g) Multiple m aturity time d e p o s i t ......... 4
Se c . 2 1 7 .2 — D

emand

D

e p o s i t s ...............................

5

S e c . 2 1 7 .5 — W ithdraw al

of

S a v in g s D

e po s it s

6

(a) Requirements regarding notice of
withdrawal .......................................... 6

(a) Interest prohibited ................................. 5
(b) Meaning of i n t e r e s t ............................... 5

(b ) Loans on security of savings deposits 7
Se c . 217.3— I nterest
S a v in g s D

e po s it s

on

T im e

and

.........................................................

(c) M anner of paym ent of savings deposits 7

5

(a) M axim um rate ........................................ 5
(b ) Modification of contracts to conform
to r e g u la tio n ........................................ 5
(c) M ember banks limited to maxim um
rate for State banks ....................... 5

S e c . 2 1 7 .6 — A d v er t isin g
D

e po s it s

of

In t e r e st

on

............................................................................

7

(a) Annual rate of simple i n t e r e s t .............. 7
(b) Percentage yields based

on one year 7

(d ) G race periods in computing interest
on savings deposits .......................... 5

(c) Percentage yields based on periods in
excess of one year .......................... 8

(e) C om putation o f i n t e r e s t ........................ 5

(d ) Time or am ount requirements .........

(f) N o interest after m aturity or ex­
piration of notice ............................ 5

(e) P r o f i t ........................................................... 8

(g) Time deposits of foreign governmental
entities and international organiza­
tions ...................................................... 5

(g) Solicitation of deposits for banks

[S e c .

217.7 — S u p p l e m e n t , M

S a v in g s D

e p o s it s ,

a x im u m

R

is p r i n t e d s e p a r a t e l y . ]

ates of

8

(f) A ccuracy of advertising .....................

Statutory A

pp e n d ix

In t e r e st P ayable

by

M

8
. 8

......................................................

em ber

B anks

on

T im

e

9

and

REGULATION Q
(12 C F R 217)
As a m en ded effective J a n u a ry 1, 1971

INTEREST ON DEPOSITS*

SEC T IO N 217.0— SCO PE O F P A R T
(a) This [Part] is issued under authority of
provisions of section 19 of the Federal Reserve
A ct which, together w ith related provisions of
law, are cited in the [Appendix],
(b ) This P art relates to the paym ent of de­
posits and interest thereon by m em ber banks of
the Federal Reserve System and not to the com ­
putation and m aintenance of the reserves which
m em ber banks are required to m aintain against
deposits. T he rules concerning reserves of m em ber
banks are contained in P art 204 of this chapter.
(c) T he provisions of this P art do not apply
to any deposit which is payable only at an office
of a m em ber bank located outside of the States of
the U nited States and the D istrict of Columbia.
SEC T IO N 217.1— D E F IN IT IO N S
(a) Demand deposits. T he term “any deposit
which is payable on dem and”, hereinafter referred
to as a “dem and deposit”, includes every deposit
which is not a “time deposit” or “savings deposit” ,
as defined in this section.
(b) Time deposits. T he term “time deposits”
means “time certificates of deposit” and “time
deposits, open account”, as defined in this section.
(c) Time certificatesof deposit. T he term “time
certificate of deposit” m eans a deposit evidenced
by a negotiable or non-negotiable instrum ent
which provides on its face that the am ount of
such deposit is payable to bearer or to any speci­
fied person or to his order:

(1) On a certain date, specified in the instru­
ment, not less than 30 days after date of the
deposit, or
(2) A t the expiration of a certain specified
time not less th an 30 days after the date of the
instrum ent, or
(3) U pon notice in writing which is actually
required to be given not less than 30 days before
the date of repaym ent,1 and
(4) In all cases only upon presentation and
surrender of the instrument.
(d)
Time deposits, open account. T he term
“time deposit, open account” m eans a deposit,
other than a “time certificate of deposit”, with
respect to which there is in force a written con­
tract with the depositor that neither the whole
nor any p art of such deposit m ay be withdrawn,
by check or otherwise, prior to the date of m atu ­
rity, which shall be not less than 30 days after
the date of the deposit,2 or prior to the expira­

* The text corresponds to the C ode of F ederal R egula­
tions, Title 12, C h a p te r II, P a rt 217; cited as 12 C F R 217.
The words “this P a r t” , as used herein, m ean Regulation Q.
1 A deposit with respect to which the b a n k merely re­
serves the right to require notice o f n o t less th a n 30 days
before any w ithdraw al is m ade is n o t a “time certificate of
deposit” within the m eaning of the above definition.
2 Deposits, such as C hristm as club accounts an d vacation
club accounts, which are m ade u nder w ritten contracts
providing th a t no w ithdraw al shall be m ade until a certain
n u m ber of periodic deposits have been m ade during a
period of no t less th a n 3 m onth s constitute “ time deposits,
open acco u n t” , even th ough som e o f the deposits are m ade
within 30 days fro m the end of the period.

§ 217.1

tion of the period of notice which m ust be given
by the depositor in writing not less th an 30 days
in advance o f w ithdraw al.3
(e) Savings deposits. The term “savings deposit”
means a deposit—
(1) which consists of funds deposited to the
credit of one or m ore individuals, o r of a corpo­
ration, association, or other organization operated
primarily for religious, philanthropic, charitable,
educational, fraternal, or other similar purposes
and not operated for profit;4 or in which the
entire beneficial interest is held by one o r more
individuals or by such a corporation, association,
o r other organization; and
(2) with respect to which the depositor is not
required by the deposit contract but may at any
time be required by the bank to give notice in
writing of an intended withdrawal not less than
30 days before such withdrawal is m ade 5 and
which is n ot payable on a specified date or at the
expiration of a specified time after the date of
deposit.
(f) Deposits as including certain promissory
notes and other obligations. F o r the purposes of
this Part, the term “deposits” also includes a
m em ber ban k ’s liability on any promissory note,
acknowledgm ent of advance, due bill, or similar
obligation (written or oral) that is issued or under­
taken by a m em ber bank principally as a means
of obtaining funds to be used in its banking
business, except any such obligation that:
(1) is issued to (or undertaken with respect to)
and held fo r the account of (i) a bank or an
institution the time deposits of which are exempt
from § 217.7 pursuant to § 217.3(g) or (ii) an
agency of the U nited States or the G overnm ent
Development Bank for Puerto Rico;
(2) evidences an indebtedness arising from a
transfer of direct obligations of, or obligations
3 A deposit with respect to which the b a n k merely re­
serves the right to require notice o f not less th an 30 days
before any withdraw al is m ade is not a “time deposit,
open acco u n t”, within the m eaning of the above definition.
4 Deposits in joint accounts of two o r m ore individuals
m ay be classified as savings deposits if they m eet the other
requirem ents of the above definition, b u t deposits of a
partnership op erated for profit m ay n o t be so classified.
D eposits to the credit of an individual of funds in which
any beneficial interest is held by a corporation, p artn er­
ship, association, or other organization operated for profit
o r not operated prim arily for religious, philanthropic,
charitable, educational, fraternal, or other similar purposes
may not be classified as savings deposits.
'•> T he exercise by the b an k of its right to require such
notice shall not cause the deposit to cease to be a savings
deposit.

REGULATION Q

that are fully guaranteed as to principal and
interest by, the U nited States or any agency
thereof that the bank is obligated to repurchase;
(3 ) (i) bears on its face, in bold-face type, the
following:

“This obligation is not a deposit and is not
insured by the Federal Deposit Insurance
Corporation”;
states expressly that it is subordinated to the
claims of depositors and ineligible as collateral for
a loan by the issuing bank; is unsecured; has an
original m aturity of 7 years or more; is in an
am ount of at least $500; and has been approved
by the Com ptroller of the Currency, in the case
of a national bank, or by the Board of Governors,
in the case of a State m em ber bank, as an addition
to the b ank ’s capital structure; or (ii) meets all
of the requirem ents in the preceding clause except
m aturity and with respect to which the C om p­
troller, in the case of a national bank, or the
Board, in the case of a State m em ber bank, has
determined that exigent circumstances require the
issuance of such obligation without regard to the
provisions of this P art; or (iii) was issued or
publicly offered before June 30, 1970, with an
original m aturity of m ore than 2 years; or
(4) arises from a borrowing by a m em ber bank
from a dealer in securities, for one business day,
of proceeds of a transfer of deposit credit in a
Federal Reserve Bank (or other immediately avail­
able 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.
This paragraph shall not, however, affect (i)
any instrum ent issued before June 27, 1966, or
(ii) any instrum ent that evidences an indebted­
ness arising from a transfer of assets under re­
purchase agreement issued before July 25, 1969.
(g)
Multiple maturity time deposit. The term
“multiple m aturity time deposit” means any time
deposit (1) that is payable at the depositor’s option
on m ore than one date, w hether on a specified
date or at the expiration of a specified time after
the date of deposit (e.g., a deposit payable at the
option of the depositor either three m onths or
six months after the date of deposit), (2) that is
payable after written notice of withdrawal, or
(3) with respect to which the underlying instru­
m ent or contract or any inform al understanding
or agreement provides for autom atic renewal at
maturity.

REGULATION Q

SEC T IO N 217.2— D E M A N D D EPO SITS
(a) Interest prohibited. Except as provided by
section 19 of the Federal Reserve Act, no m em ber
bank of the Federal Reserve System shall, directly
or indirectly, by any device whatsoever, pay any
interest on any dem and deposit.
(b) Meaning of interest. W ithin this Part, any
paym ent to or for the account of any depositor
as com pensation for the use of funds constituting
a deposit shall be considered interest.
S EC T IO N 217.3— IN T E R E S T O N T IM E
A N D S A V IN G S D EPO SITS
(a) Maximum rate. Except as provided in this
section, no m em ber bank shall, directly or in­
directly, by any device whatsoever, pay interest
on any time or savings deposit at a rate in excess
of such applicable m axim um rate as the Board of
G overnors of the Federal Reserve System shall
prescribe from time to time in § 217.7. In as­
certaining the rate of interest paid, the effects
of com pounding of interest may be disregarded.
(b) Modification of contracts to conform to
regulation. N o certificate of deposit or other con­
tract shall be renewed or extended unless it be
modified to conform to the provisions of this Part,
and every m em ber bank shall take such action
as may be necessary, as soon as possible con­
sistently with its contractual obligations, to bring
all of its outstanding certificates of deposit or
other contracts into conform ity with the provi­
sions of this Part.
(c) Member banks limited to maximum rate for
State banks. T he rate of interest paid by a member
bank upon a time deposit or savings deposit shall
not in any case exceed (1) the applicable m axi­
m um rate prescribed pursuant to the provisions
of paragraph (a) of this section, or (2) the appli­
cable m axim um rate authorized by law to be paid
upon such deposits by State banks or trust com ­
panies organized under the laws of the State in
which such m em ber bank is located, whichever
m ay be less.
(d) Grace periods in computing interest on sav­
ings deposits. A m em ber bank may pay interest
on a savings deposit received during the first 10
calendar days of any calendar m onth at the
applicable m axim um rate prescribed pursuant to
paragraph (a) of this section calculated from the
first day of such calendar m onth until such de­
posit is w ithdraw n or ceases to constitute a savings

§ § 2 1 7 .2 - 2 1 7 .3

deposit under the provisions of this Part, which­
ever shall first occur; and a m em ber bank may
pay interest on a savings deposit w ithdraw n dur­
ing its last 3 business days of any calendar m onth
ending a regular quarterly or semiannual interest
period at the applicable m axim um rate prescribed
pursuant to paragraph (a) of this section cal­
culated to the end of such calendar month.
(e) Computation of interest. In the com putation
of simple daily interest, the time factor should be
expressed as a fraction in which the actual num ber
of days the funds earn interest is the num erator,
and the denom inator is either 360, 365, or, in a
leap year, 366. However, when a deposit matures
in one m onth (or multiples thereof), the bank may
use 30 days in the num erator (or corresponding
multiples thereof).
(f) No interest after maturity or expiration of
notice. A fter the date of m aturity of any time
deposit, such deposit is a dem and deposit, and
no interest may be paid on such deposit fo r any
period subsequent to such date. A fter the expira­
tion of the period of notice given with respect
to the repaym ent of any time deposit or savings
deposit, such deposit is a dem and deposit and no
interest m ay be paid on such deposit for any
period subsequent to the expiration of such notice,
except that, if the ow ner of such deposit advise
the bank in writing that the deposit will not be
withdrawn pursuant to such notice or that the
deposit will thereafter again be subject to the
contract or requirem ents applicable to such de­
posit, the deposit will again constitute a time
deposit or savings deposit, as the case may be,
after the date upon which such advice is received
by the bank.
(g) Time deposits of foreign governmental en­
tities and international organizations. Section 217.7
does not apply to the rate of interest that may be
paid by a m em ber bank on a time deposit having
a m aturity of 2 years or less and representing
funds deposited and owned by (1) a foreign n a ­
tional government, or an agency or instrum en­
tality th e re o f 5a engaged principally in activities
which are ordinarily perform ed in the United
States by governmental entities, (2) an interna­
tional entity of which the U nited States is a
member, or (3) any other foreign, international,

sa O ther th a n States, provinces, m unicipalities or other
regional or local governm ental units, or agencies or
instrum entalities thereof.

§ § 217.3-217.4-217.5

or supranational entity specifically designated by
the Board as exempt from § 217.7. All certificates
of deposit issued by m em ber banks to such enti­
ties on which the contract rate of interest exceeds
the m axim um prescribed under § 217.7 shall pro­
vide that (1) in the event of transfer, the date of
transfer, attested to in writing by the transferor,
shall appear on the certificate, and (2) the m axi­
m um rate limitations of § 217.7 in effect at the
date of issuance of the certificate shall apply to
the certificate for any period during which it is
held by a person other th an an entity exempt
therefrom under the foregoing sentence.0 Upon
the presentm ent of such a certificate for payment,
the bank may pay the holder the contract rate
of interest on the deposit for the time that the
certificate was actually owned by an entity so
exempt.
SEC T IO N 217.4— P A Y M E N T O F T IM E
D E PO SIT S B E F O R E M A T U R IT Y
(a) Time deposits payable on a specified date.
N o m em ber bank shall pay any time deposit,
which is payable on a specified date, before such
specified date, except as provided in paragraph
(d) of this section.
(b) Time deposits payable after a specified
period. N o m em ber bank shall pay any time
deposit, w hich is payable at the expiration of a
certain specified period, before such specified
period has expired, except as provided in para­
graph (d) of this section.
(c) Time deposits payable after a specified
notice. N o m em ber bank shall pay any time
deposit, with respect to which notice is required
to be given a certain specified period before any
withdrawal is made, until such required notice
has been given and the specified period thereafter
has expired, except as provided in paragraph (d)
of this section.
(d) Payment in emergencies. In an emergency
where it is necessary to prevent great hardship
8 A new certificate n o t m aturing prior to the m aturity
date of the original certificate m ay be issued by the
m em ber b a n k to the transferee, in which event the original
m ust be retained by the bank. T he new certificate m ay no t
provide for interest after the date of transfer at a rate in
excess of the applicable m axim um rate authorized by
§ 217.7 as of the date o f issuance of the original certificate.

REGULATION Q

to the depositor, a m em ber bank m ay pay before
maturity a time deposit or the portion thereof
necessary to meet such emergency: P r o v i d e d ,
T hat before making such paym ent the depositor
shall sign an application describing fully the cir­
cumstances constituting the emergency which is
deemed to justify the paym ent of the deposit
before maturity, which application shall be ap ­
proved by an officer of the bank who shall certify
that, to the best of his knowledge and belief, the
statements in the application are true. Such appli­
cation shall be retained in the b an k ’s files and
m ade available to the examiners authorized to
examine the bank. W here a time deposit is paid
before m aturity the depositor shall forfeit accrued
and unpaid interest for a period of not less than
3 m onths on the am ount withdraw n if an am ount
equal to the am ount w ithdraw n has been on
deposit 3 m onths or longer, and shall forfeit all
accrued and unpaid interest on the am ount with­
draw n if an am ount equal to the am ount with­
drawn has been on deposit less than 3 months.
W hen a portion of a time certificate of deposit
is paid before maturity, the certificate shall be
canceled and a new certificate shall be issued for
the unpaid portion of the deposit with the same
terms, rate, date, and m aturity as the original
deposit.
(e) Loans upon security of time deposits. A
m em ber bank may m ake a loan to the depositor
upon the security of his time deposit provided
that the rate of interest on such loan shall be
not less than 2 per cent per annum in excess of
the rate of interest on the time deposit.
S EC T IO N 217.5— W IT H D R A W A L
O F SA V IN G S D EPO SITS
(a)
Requirements regarding notice of with­
drawal. W hether or not interest is paid, no m em ­
ber shall require or waive notice of withdrawal
as to any am ount or percentage of the savings
deposit of any depositor unless it shall similarly
require or waive such notice as to the same
am ount or percentage of the savings deposits of
every other depositor which are subject to the
same contractual provisions with respect to notice
of withdrawal. If a m em ber bank, w ithout requir­
ing notice of withdrawal, pays interest that has

REGULATION Q

§ 2 1 7 .5 - 2 1 7 .6

accrued on a savings deposit during the preceding
interest period, it shall, upon request and without
requiring such notice, pay interest that has ac­
crued during said period on the savings deposits
of every other depositor. N o m em ber bank shall
change its practice with respect to the requiring
or waiving of notice of withdrawal of savings
deposits for the purpose of discriminating in
favor of or against any depositor or depositors,
and no such change of practice shall be made
except pursuant to duly recorded action of the
bank’s board of directors or a properly authorized
com mittee thereof.
(b) Loans on security of savings deposits. If it
is not the practice of a m em ber bank to require
notice of withdrawal of savings deposits, no
restrictions are imposed by this P art upon loans
by such bank to its depositors upon the security
of such deposits. If it is the practice of a member
bank to require notice of withdrawal of a savings
deposit, such b ank may make loans to a depositor
upon the security of such deposit, but the rate of
interest on such loans shall be not less than 2 per
cent per annum in excess of the rate of interest
paid on such deposit.
(c) Manner of payment of savings deposits.
(1) Subject to the provisions of subparagraph
(2) of this paragraph, a m em ber bank m ay perm it
withdrawals to be m ade from a savings deposit
only through p ay m e n t7 to the depositor himself
(but not to any other person whether or not acting
for the depositor), except
(i) where the deposit is represented by a pass­
book, to any person presenting the passbook; 7
(ii) to an executor, adm inistrator, trustee, or
other fiduciary holding the savings deposit as part
of a fiduciary estate, or to a person, other than
the bank, holding a general pow er of attorney
granted by the depositor;
(iii) to any person, including the bank, that
has extended credit to the depositor on the secu­
rity of the savings deposit, where such paym ent
is made in order to enable the creditor to realize
upon such security;
(iv) pursuant to the order of a court of com ­
petent jurisdiction;

(v) upon the death of the depositor, to any
person authorized by law to receive the deposit; or
(vi) interest paid to a third person pursuant to
written instruction or assignment by the depositor
accepted by the bank, and placed on file therein.
(2) N otw ithstanding the provisions of subpara­
graph (1) of this paragraph, no withdrawal shall
be perm itted by a m em ber bank to be m ade from
a savings deposit, through paym ent to the bank
itself or through transfer of credit to a dem and
or other deposit account of the same depositor
(other than of interest on the savings deposit) if
such paym ent or transfer is made pursuant to
any advertised plan or any agreement, w ritten or
oral,
(i) which authorizes such paym ents or transfers
of credit to be m ade as a norm al practice in
order to cover checks or drafts draw n by the
depositor upon the bank; or
(ii) which provides that such paym ents or trans­
fer of credit shall be m ade at daily, monthly, or
other such periodic intervals, except where made
to enable the bank, on the depositor’s behalf and
pursuant to his written instructions, to effect the
paym ent of instalments of principal, interest, or
other charges (including taxes or insurance pre­
miums) due on a real estate loan or mortgage.
(3) W here a savings deposit is evidenced by
a passbook, every withdrawal made upon presen­
tation of the passbook shall be entered in the pass­
book at the time of withdrawal, and every other
withdrawal from such a deposit shall be entered
in the passbook as soon as practicable after the
withdrawal is made.

7 P aym en t fro m a savings deposit or presentation of a
passbook m ay be m ad e over the counter, thro ugh the
mails, o r otherwise.

(b) Percentage yields based on one year. W here
a percentage yield achieved by com pounding in­

S EC T IO N 217.6— A D V E R T IS IN G
O F IN T E R E S T O N D EPO SITS
Every advertisement, announcem ent, or solici­
tation relating to the interest paid on deposits in
m em ber banks shall be governed by the following
rules:
(a) Annual rate of simple interest. Interest rates
shall be stated in term s of the annual rate of
simple interest. In no case shall a rate be adver­
tised that is in excess of the applicable m aximum
rate for the particular deposit.

§ 2 1 7 .6

terest during one year is advertised, the annual
rate of simple interest shall be stated with equal
prominence, together with a reference to the
basis of com pounding. N o m em ber bank shall
advertise a percentage yield based on the effect
of grace periods permitted in § 217.3(d).
(c) Percentage yields based on periods in excess
of one year. N o advertisement shall include any
indication of a total percentage yield, com pounded
or simple, based on a period in excess of a year,
or an average annual percentage yield achieved by
com pounding during a period in excess of a year.
(d) Time or amount requirements. If an adver­
tised rate is payable only on deposits that m eet
time or am ount requirem ents, such requirem ents
shall be clearly and conspicuously stated. W here
the time requirem ent for an advertised rate is in
excess of a year, the required num ber of years
for the rate to apply shall be stated with equal
prominence, together with an indication of any
lower rate or rates th at will apply if the deposit
is w ithdraw n at an earlier maturity.

REGULATION Q

(e) Profit. T he term “profit” shall not be used
in referring to interest paid on deposits.
(f) Accuracy of advertising. N o m em ber bank
shall m ake any advertisement, announcem ent, or
solicitation relating to the interest paid on de­
posits that is inaccurate or misleading or that
misrepresents its deposit contracts.
(g) Solicitation of deposits for banks. Any per­
son or organization that solicits deposits for a
m em ber bank shall be bound by the rules con­
tained in this section with respect to any adver­
tisement, announcem ent, or solicitation relating to
such deposits. N o such person or organization
shall advertise a percentage yield on any deposit
it solicits for a m em ber bank that is not author­
ized to be paid and advertised by such bank.

(SECTIO N 217.7— M A X IM U M R A TES O F
IN T E R E S T P A Y A B L E BY M E M B E R BANKS
ON T IM E A N D SA V IN G S D EPO SITS, is
printed separately.)

STATUTORY APPENDIX

REGULATION Q

STATUTORY APPENDIX

Section 19 of the Federal Reserve A ct provides
in part as follows:
(a) T he Board is authorized for the purposes
of this section to define the term s used in this
section, to determine w hat shall be deemed a
paym ent of interest, to determ ine w hat types of
obligations, w hether issued directly by a m em ber
bank or indirectly by an affiliate of a m em ber
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 evasions thereof.
[U.S.C., title 12, sec. 461.]

***
(i) N o m em ber bank shall, directly or indirectly,
by any device whatsoever, pay any interest on
any deposit which is payable on dem and: P r o v i d e d ,
T h at nothing herein contained shall be construed
as prohibiting the paym ent of interest in accord­
ance with the terms of any certificate of deposit
or other contract entered into in good faith which
is in force on the date on which the bank becomes
subject to the provisions of this paragraph; but
no such certificate of deposit or other contract
shall be renewed or extended unless it shall be
modified to conform to this paragraph, and every
m em ber bank shall take such action as may be
necessary to conform to this paragraph as soon
as possible consistently with its contractual obli­
gations: P r o v i d e d f u r t h e r , T hat this paragraph shall
not apply to any deposit o f such bank which is
payable only at an office thereof located outside
of the States of the U nited States and the District
of Colum bia: P r o v i d e d f u r t h e r , T h at until the
expiration of two years after the date of enact­
m ent of the Banking A ct of 1935 this paragraph
shall not apply (1 ) to any deposit m ade by a
savings bank as defined in section 12B of this
Act, as amended, o r by a m utual savings bank,
or (2 ) to any deposit of public funds m ade by
or on behalf of any State, county, school district,
or other subdivision or municipality, or to any
deposit of trust funds if the paym ent o f interest
with respect to such deposit of public funds or
of trust funds is required by State law. So much
of existing law as requires the paym ent of interest
with respect to any funds deposited by the U nited
States, by any Territory, District, or possession
thereof (including the Philippine Islands), or by

any public instrum entality, agency, or officer of
the foregoing, as is inconsistent with the provi­
sions of this section as amended, is hereby re­
pealed.
[U.S.C., title 12, sec. 371a.]

(j) T he Board may from time to time, after
consulting with the Board of D irectors of the
F ederal Deposit Insurance C orporation and the
Federal H om e Loan Bank Board, prescribe rules
governing the paym ent and advertisement of in­
terest on deposits, including limitations on the
rates of interest which may be paid by m em ber
banks on time and savings deposits. T he Board
may prescribe different rate limitations for dif­
ferent classes of deposits, for deposits of different
am ounts or with different maturities or subject
to different conditions regarding withdraw al or
repayment, according to the nature or location
of m em ber banks or their depositors, or accord­
ing to such other reasonable bases as the Board
m ay deem desirable in the public interest. No
m em ber bank shall pay any time deposit before
its m aturity except upon such conditions and in
accordance with such rules and regulations as
may be prescribed by the said Board, or waive
any requirem ent of notice before paym ent of
any savings deposit except as to all savings de­
posits having the same requirem ent: P r o v i d e d ,
T hat the provisions of this paragraph shall not
apply to any deposit which is payable only at an
office of a m em ber bank located outside of the
States of the United States and the District
of Columbia. D uring the period com mencing on
O ctober 15, 1962, and ending on October 15,
1968, the provisions of this paragraph shall not
apply to the rate of interest which m ay be paid
by m em ber banks on time deposits of foreign
governments, m onetary and financial authorities
of foreign governments when acting as such, or
international financial institutions of which the
U nited States is a member.
[U.S.C., title 12, sec. 371b. The first two sentences of this
paragraph are, in part, temporary. Unless section 7 of the Act
of September 21, 1966 (80 Stat. 825), as amended by the Act
of December 23, 1969 (83 Stat. 371), is modified, on June 1,
1973, such sentences will read as follows: “The Board of
Governors of the Federal Reserve System shall from time to
time prescribe rules governing the payment and advertisement
of interest on deposits, including limitations on the rate of
interest which may be paid by member banks on time and
savings deposits, and shall prescribe different rates for such
paymejit on time and savings deposits having different maturi­
ties, or subject to different conditions respecting withdrawal or
repayment, or subject to different conditions by reason of
different locations, or according to the varying discount rates
of member banks in the several Federal Reserve districts.”]

STATUTORY APPENDIX

REGULATION Q

Section 24 of the F ederal Reserve A ct p ro­
vides, with respect to national banking associa­
tions, in part as follows:
*
* * Any such association may continue
hereafter as heretofore to receive time and sav­
ings deposits and to pay interest on the same,
but the rate of interest which such association may

10

pay upon such time deposits or upon savings or
other deposits shall not exceed the maxim um
rate authorized by law to be paid upon such
deposits by State banks or trust com panies organ­
ized under the laws of the State in w hich such
association is located.
[U.S.C., title 12, sec. 371.]