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4000 - Advisory Opinions
Irrevocable Trust Accounts
Irrevocable Trust Accounts With Insured Depository Institution as
Trustee
Self-Directed Retirement Accounts (IRAs etc.)
Organization Accounts (Corporation, Partnerships and
Unincorporated Associations)
Employee Benefit Plan Accounts
Annuity Contract Accounts
Public Unit Accounts
Public Bond Accounts
Custodian Accounts for American Indians
DOE Financial
Assistance Accounts
TOPICS
Account Records (Conclusive effect of)
Agency/Custodial/Fiduciary Accounts
Bankruptcy Funds
BICs (Bank Investment Contracts)
Card-Based Payment Systems (Debit Cards and Stored Value Cards)
Changing the Terms of a CD (by Deposit Broker)
Checks/Clearing
Churches
Collateralized Deposits
Condominiums
Corporations
Correspondent and Affiliated Banks
Death Grace Period
Decedent/Estate Accounts
``Deposit'' (Definition of)
Excess/Private Deposit Insurance
Foreign Banks/Foreign Depositors
Funeral Accounts
Health/Medical Accounts
Interest on Deposits
Internet Banking/Internet-Based Payment Systems
Investment Trust Accounts
Interest on Lawyer Trust Accounts (IOLTAs)
Merger Grace Period
Mortgage Servicing Accounts
Negotiable Deposits
Non-Deposit Products
Official Checks/Cashier's Checks
``Official Custodian''
Partnerships
Real Estate Transactions
Setoffs
``Stepchildren''
Sweeps/Repurchase Agreements
Treasury Bills
Trust Departments/``Special Deposits''
UGMA/UTMA
Unauthorized/Wrongful Withdrawals
Unincorporated Associations
Workers' Compensation
Federal Deposit Insurance Corporation Improvement Act of 1991
Letter No.
91-87
FDICIA Restores ``Pass-Through''
Insurance for 457 Plan Deposits
92-11
FDIC May not Take Action for Violation
of Insured Branch Closing Notice Required by Section 228 of FDICIA
Where Terms of Present ATM Lease Make Compliance Impossible
92-12
Section 214 of FDICIA Allows Existing
Insured Branches of Foreign Banks to Continue to Operate but Does not
Authorize Foreign Banks to Open Additional Insured Branches
92-19
Section 5(d)(3) of the FDI Act, as
Amended by Section 501 of FDICIA, Is not Retroactive
92-23
Loan to Executive Officer for New
Primary Residence Where First Mortgage Has not yet Been Paid Due to
Inability to Sell Property Does not Violate Regulation O Under
Amendments to FDIC's Regulations Required by Section 306 of FDICIA
92-25
Explanation of Section 311 of FDICIA
Pertaining to Brokered Deposits and ``Retention of Pass-Through''
Insurance Coverage for Accounts of Employee Benefit Plans
92-28
Effect of Section 24 of the FDI Act on
State-Chartered BIF Member Insured Savings Bank's Investment in Limited
Partnership Organized to Make Portfolio Investments in Equity of
Various Enterprises
92-31
New Limits on Extensions of Credit to
Senior Executive Officers Imposed by Section 306 of FDICIA Do Not
Affect Validity of Any Written Loan Commitment Lawfully Entered into on
or Before Effective Date of Regulations Adopted by FDIC
92-33
Application of Regulation O Executive
Officer Lending Limits to State Nonmember Banks Pursuant to Section 306
of FDICIA
92-35
``Other Purpose'' Loans Explained
for Purposes of New Limits on Extensions of Credit to Executive
Officers Imposed by Section 306 of FDICIA
92-36
After December 19, 1992,
``Pass-Through'' Insurance Cannot be Provided to Participants in
Employee Benefit Plan Deposits Accepted by Insured Depository
Institutions Which May not Accept Brokered Deposits Under Section 29 of
the FDI Act
92-38
Title to Home and Loan Placed in Name
of Executive Officer's Spouse but Guaranteed by Executive Officer Is
Considered ``Home Residence'' Loan for Purposes of New Limits on
Extensions of Credit Under Section 306 of FDICIA
92-43
Loan for Executive Officer's Second
Home Is Subject to ``Other Purpose'' Limit Imposed by 12 CFR
337.3(c) if First Home Was Financed Through Same Bank; Home Equity Loan
Secured by First Lien May be Made in Any Amount Under 12 CFR
215.5(c)(2) if Bank Did not Make Prior Loan on Residence and Loan Is
Used for Maintenance/Improvement of Residence
92-45
Loans to Partnership Personally
Guaranteed by General Partner Are Subject to Executive Officer Loan
Limits Under 12 C.F.R. Part 337
92-46
FDIC Will Accept Continuity of Loan
Purpose Where Loan Refinances Another Loan Qualifying as a ``Home
Residence Loan''
92-65
Interest of Bondholders in CDs Issued
by S&L, Which Subsequently Merged with Another S&L, to Secure Repayment
of Mortgage Revenue Bonds Continue to be Insured Pursuant to FSLIC
Regulations Until First Maturity Date; FDICIA Does not Adversely Affect
Such Deposit Insurance
92-76
Home Equity Line of Credit Extended to
Executive Officer Prior to May 18, 1992, is Grandfathered Pursuant to
Section 306(n) of FDICIA
92–90
Effects of FDICIA Amendments on
Insurance Coverage of Decedent's IRA and Keogh Accounts, of Which
Spouse Is Beneficiary, and Spouse's Own IRAs Held at Same Depository
Institution
92–97
Loan to Corporation Controlled by
Executive Officer but Not Guaranteed by Him or Her Is Not Subject to
FDICIA Limits on Loans to Executive Officers
92–98
Explanation of Changes in Trust
Insurance Coverage Under FDICIA
93-7
Explanation of ``Pass-Through''
Deposit Insurance Prohibition for Certain Employee Benefit Plan
Deposits Required by Section 311 of FDICIA
93-36
Clarification of Notice to Depositor
Requirements
93-37
Insurance Coverage Afforded Union
Annuity Trust Fund Deposits Under New Rules
93-38
Insurance Coverage of Mortgage
Servicing Accounts Under New Rules
93-41
Insurance Coverage of Pension Fund
Deposits Under New Rules
93-48
New Rules Applicable to Accounts Held
by Insured Institutions in a Fiduciary Capacity Do Not Apply to IRAs
93-51
12 U.S.C. § 1831a Does Not Prohibit
State-Chartered Banks from Purchasing Nominal Amounts of Farmer Mac
Common Stock as Necessary to Participate in Farmer Mac Program
93-58
Circumstances Under Which Notice to
Depositors Must Be Sent to Trustee of Pension/Profit-Sharing Plan;
Definition of ``Self-Directed'' Keogh Plan
93-62
New Rules Do Not Affect Separate
Insurance Coverage for Beneficiary's Interest in Decedent's IRA and
Beneficiary's Own IRA Held at Same Depository Institution
93-72
Whether Employee Benefit Plan Interest
Accounts Are Within the Definition of Bank Investment Contract
93-74
How ``Grandfathering'' Rules Apply
to ``Benefit-Responsive BICs'' Entered into Prior to December 19,
1993
94-1
``Deposit Liability'' for Purposes
of National Depositor Preference Includes Only Deposits Payable in the
U.S.
94-14
Meaning of Term ``Publicly Traded''
as Used in Section 306(o) of FDICIA
94-36
Effect of Proposed Holding Company
Formation on the ``Grandfathered'' Status of a Subsidiary for
Purposes of § 24(d) of the FDI Act
94-45
Whether an Insured Bank May Acquire or
Retain a Majority Interest in a Subsidiary at any Tier
94-50
Part 362: Whether a State Insured Bank
May Make an Equity Investment as a Member/Owner in a Limited Liability
Company
94-51
Part 362: Whether a Community
Development Project Is a ``Permissible'' Investment for a State
Bank
94-52
Part 362: Equity Investment in a
Limited Liability Company Whose Purpose Is Acquiring Low Income Housing
Tax Credits
94-58
Insurance Coverage and Assessment of
Benefit Responsive Bank Investment Contracts (BICs)
95-17
Whether Investments By Federal Savings
Associations in Mortgage-Backed Notes Issued by the National Housing
Services of America Are Permissible Under the FDI Act
95-30
State Banks May Hold the Stock of a
Company Which Operates an EFT System of Which They Are Members
95-36
Whether Insured State Nonmember Banks
May Invest in Farmer Mac Subordinated Securities
96-3
Whether Sale of an Insurance Subsidiary
of a State Chartered Bank to Another State Chartered Bank Within the
Same Holding Company System Would Affect the Insurance Subsidiary's
Grandfather Powers Under § 24(d)(2)(B) of the FDI Act
97-7
Would section 24 of the FDI Act and 12
CFR Part 362 prevent a state chartered bank from acquiring and
operating a wholly-owned subsidiary engaged in the business of general
insurance brokerage
Federal Reserve Board's Regulation O—Part 215
Financial Institutions Reform, Recovery, and Enforcement Act of
1989, RTC, BIF, SAIF, and Savings Associations
Letter No.
89-24
Advertisement of FDIC Insurance by
Savings Associations
89-25
Insurance for Deposits of a Deferred
Compensation Plan: Section 457 Internal Revenue Code
89-26
Deposit Insurance Coverage for Mortgage
Servicing Accounts
89-27
Deposit Insurance for Unemployment
Insurance Escrow Accounts Held at an Insured Savings & Loan Association
89-29
Deposit Liabilities Assumed by Another
Institution
89-31
Deposit Insurance Afforded a Profit
Sharing and Tax Deferral Plan
89-33
Savings Association Display of Official
Eagle Logo
89-38
Moratorium on Conversion Transactions
Imposed by Provisions of FIRREA
89-39
Deposit Insurance Coverage for
Step-Children: Testamentary Trust Accounts
89-40
Savings Association Right to Pledge
Assets to Secure Deposits in Excess of the Federal Insurance Limit
Under FIRREA
89-46
Extent of Deposit Insurance for
Deposits of the State of Texas 457 Plan
89-47
Savings and Loan Associations: Backed
by the Full Faith and Credit of the United States
89-48
Transactions in Which an Insured
Depository Institution Grants a Security Interest in Assets of the
Institution to a Third Party
89-49
Self-Help Liquidation of Collateral by
Second Claimants in Insured Depository Institution Receiverships
89-50
Clarification Regarding Section 19 of
the FDI Act as Amended by FIRREA
89-51
Brokered Deposits Prohibition of
Section 29 of the FDI Act Under FIRREA
89-52
Acquisition or Retention of Corporate
Debt Securities Not of Investment Grade by Savings Association
89-53
Can a Newly Organized State-Chartered
Commercial or Savings Bank Become a SAIF Member Rather than a BIF
Member Under FIRREA
89-54
Application Pursuant to Section 19 of
the FDI Act as Amended by FIRREA: Criminal Offense Involving Dishonesty
or Breach of Trust
89-55
Does Acceptance of Brokered Deposits in
Violation of Section 29 of the FDI Act Affect the Insurance of the
Deposits so Received
90-3
Applicability of FDIC or FSLIC Insurance
Regulation/ Interpretations to De Novo Savings Associations & Former
Savings Associations that Have Converted to SAIF-Member Banks
90-8
Exception to Prohibition on Acquisition
of Equity Investments (FIRREA)
90-13
Insurance Coverage Afforded Investment
Annuity Accounts
90-14
Insurance Coverage Afforded Defined
Contribution Plans
90-21
``Primary Purpose'' Exclusion from
Definition of Deposit Broker
90-22
FDIC's Assessment Rules and Rules
Governing Conversion Transactions and Fees: ``Oakar Banks''
90-24
Deposit Broker Engaged in the Business
of Placing Deposits, or Facilitating the Placement of Deposits
90-25
To What Extent Will the FDIC Require a
State Savings Association to Conduct its Activities in the Precise
Manner ``Permissible'' for a Federal Savings Association
90-29
Account Maintained Jointly By an
Individual and a Corporation
90-37
Sharing of Branch Locations By Insured
Bank and Affiliated Savings Association
90-45
FDIC Approval of Delayed (Second-Tier)
Conversion Transactions
90-51
Conditions Under Which a Savings
Association May Participate in an Exchange or Other Restructuring of
Noninvestment Grade Corporate Debt Securities Under 28(d) of the FDI
Act
90-52
Applicability of Exit and Entrance Fees
to Acquisition of a Savings Association by BIF and SAIF Member
Institutions
90-73
Whether 457 Plan Accounts of a Savings
Association which a Bank has Acquired are Subject to the Separate
Insurance Provision of 12 C.F.R. § 330.3 or the Grandfather Provision
of 12 C.F.R. § 330.16
90-74
Deposit Insurance Coverage of Time
Deposits of a Condominium Owners' Association Pursuant to the Old FSLIC
Regulations
90-77
Savings, Loan and Mortgage Charts
Listing Both Insured and Uninsured Institutions Need Not Include
Official FDIC Advertising Statement
90-80
Section 19 of the FDI Act, as Amended
by Section 910 of FIRREA, May Apply to Independent Contractors but Does
Not Require Depository Institutions to Fingerprint Present or
Prospective Employees or Independent Contractors
91-4
Whether Interests of Bondholders in CDs
Issued by S&Ls to Secure Repayment Mortgage Revenue Bonds Continue to
be Insured Pursuant to FSLIC Regulations Until First Maturity Date of
CDs
91-15
Meaning of Term ``Activity'' Used
in 12 C.F.R. § 303.13(f) as Applied to DPC Activities
91-16
Deposit Insurance Coverage for
FSLIC-Backed Bonds
91-25
An ``Oakar'' Transaction Is Not a
Conversion Transaction and an ``Oakar'' Bank Need not Undertake a
Conversion Transaction Following the Expiration of the Conversion
Moratorium
91-28
An ``Oakar'' Transaction Is Not
Subject to Entrance and Exit Fees
91-44
Whether Incorporation of a Minimally
Capitalized Shell Subsidiary Constitutes Establishment of a
Subsidiary for Purposes of 12 C.F.R. § 303.13(f)
91-48
Legal Memorandum in Support of FDIC and
RTC Statements of Policy Regarding Payment of State and Local Property
Taxes
91-50
Whether an Insurance Application is
Required to Continue the Insured Status of a Virginia Savings Bank When
it Converts to a Commercial Bank Charter
91-55
A State-Chartered Savings Association
Which Converted to a SAIF Member State Bank Prior to Effective Date of
12 C.F.R. § 333.3 May, Despite Capital Deficiency, Apply For
Permission to Retain Its Equity Investment in a Subsidiary That
Conducts Impermissible Activities
91-56
For Purposes of ``Charter-Flip''
Regulation (12 C.F.R. § 333.3), FDIC Defers to OTS Legal Opinion That
a Savings Association Must File an Application with the OTS in order to
Convert
91-58
``Sasser'' Banks May Display Either
Bank Sign or Savings Association Sign But Not Both
91-76
12 C.F.R. § 333.3 Does Not Apply to
State-Charted Banks That Have Participated in an ``Oakar''
Transaction
91-81
An ``Oakar'' Bank May Not Use
Secondary Reserve Credits to Offset Payments to SAIF
92-19
Section 5(d)(3) of the FDI Act, as
Amended by Section 501 of FDICIA, Is not Retroactive
92-28
Effect of Section 24 of the FDI Act on
State-Chartered BIF Member Insured Savings Bank's Investment in Limited
Partnership Organized to Make Portfolio Investments in Equity of
Various Enterprises
92-44
Interests of Bondholders in CDs Issued
by Thrifts Prior to July 29, 1990 Continue to be Insured Pursuant to
FSLIC Insurance Regulations Until First Maturity Date
92-80
Subsequent Transfer of Deposits by
``Oakar'' Bank
93-8
Conversion Transactions: Deposit
Transfer to SAIF-Member Depository Institution by Oakar Thrift
Following Its Acquisition by BIF-Member Savings Bank
93-22
Savings Association that Converts to
Bank Charter and Retains Its SAIF Membership Pursuant to Sasser
Amendment Is Subject to Insured Bank Regulations
93-28
Conversion Transactions: FDIC Prior
Approval Unnecessary Where Converting Institution Remains
Well-Capitalized and Primary Regulators Approve Transaction
94-48
Oakar Transaction: Whether Deposits of
Agency Offices Should Be Treated as SAIF or BIF Insured Deposits After
Transfer
95-23
Whether Certain Deposits Institution
Sold After Acquiring Branches As Part of a Merger Transaction Must Be
Included When Calculating Adjusted Attributable Deposit Amount
95-26
Insurance Fund Membership of Savings
Bank Reorganizing Pursuant to § 10(o) of the Home Owners' Loan Act
95-27
Availability of Oakar Provision for
BIF-Member Recipient of Deposits Acquired From BIF-Member Oakar Bank
Foreign Banking
Full Faith and Credit of U.S. Government
Management Official Interlocks
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