US LAWS, STATUTES & CODES ON-LINE

US Supreme Court Decisions On-Line | US Laws



§ 4305. —  Distribution of schedules.



[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 12USC4305]

 
                       TITLE 12--BANKS AND BANKING
 
                      CHAPTER 44--TRUTH IN SAVINGS
 
Sec. 4305. Distribution of schedules


(a) In general

    A schedule required under section 4303 of this title for an 
appropriate account shall be--
        (1) made available to any person upon request;
        (2) provided to any potential customer before an account is 
    opened or a service is rendered; and
        (3) provided to the depositor, in the case of any time deposit 
    which has a maturity of more than 30 days \1\ is renewable at 
    maturity without notice from the depositor, at least 30 days before 
    the date of maturity.
---------------------------------------------------------------------------
    \1\ So in original. Probably should be followed by ``and''.
---------------------------------------------------------------------------

(b) Distribution in case of certain initial deposits

    If--
        (1) a depositor is not physically present at an office of a 
    depository institution at the time an initial deposit is accepted 
    with respect to an account established by or for such person; and
        (2) the schedule required under section 4303(a) of this title 
    has not been furnished previously to such depositor,

the depository institution shall mail the schedule to the depositor at 
the address shown on the records of the depository institution for such 
account no later than 10 days after the date of the initial deposit.

(c) Distribution of notice of certain changes

    If--
        (1) any change is made in any term or condition which is 
    required to be disclosed in the schedule required under section 
    4303(a) of this title with respect to any account; and
        (2) the change may reduce the yield or adversely affect any 
    holder of the account,

all account holders who may be affected by such change shall be notified 
and provided with a description of the change by mail at least 30 days 
before the change takes effect.

(d) Distribution in case of accounts established by more than 1 
        individual or by a group

    If an account is established by more than 1 individual or for a 
person other than an individual, any distribution described in this 
section with respect to such account meets the requirements of this 
section if the distribution is made to 1 of the individuals who 
established the account or 1 individual representative of the person on 
whose behalf such account was established.

(e) Notice to account holders as of effective date of regulations

    For any account for which the depository institution delivers an 
account statement on a quarterly or more frequent basis, the depository 
institution shall include on or with the first regularly scheduled 
mailing sent after the end of the 6-month period beginning on the date 
of publication of regulations issued by the Board in final form, a 
statement that the account holder has the right to request an account 
schedule containing the terms, charges, and interest rates of the 
account, and that the account holder may wish to request such an account 
schedule.

(Pub. L. 102-242, title II, Sec. 266, Dec. 19, 1991, 105 Stat. 2337; 
Pub. L. 102-550, title XVI, Sec. 1604(e)(1), Oct. 28, 1992, 106 Stat. 
4084; Pub. L. 104-208, div. A, title II, Sec. 2604(d), Sept. 30, 1996, 
110 Stat. 3009-471.)


                               Amendments

    1996--Subsec. (a)(3). Pub. L. 104-208 inserted ``has a maturity of 
more than 30 days'' after ``deposit which''.
    1992--Subsec. (e). Pub. L. 102-550 substituted ``on or with the 
first regularly scheduled mailing sent after the end of the 6-month 
period beginning on the date of publication'' for ``on or with any 
regularly scheduled mailing posted or delivered within 180 days after 
publication''.


                    Effective Date of 1992 Amendment

    Amendment by Pub. L. 102-550 effective as if included in the Federal 
Deposit Insurance Corporation Improvement Act of 1991, Pub. L. 102-242, 
as of Dec. 19, 1991, see section 1609(a) of Pub. L. 102-550, set out as 
a note under section 191 of this title.



chanrobles.com





ChanRobles Legal Resources:

ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com