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Banking Law and Regulation, Second Edition

Banking Law and Regulation, Second Edition

By Michael P. Malloy
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Wolters Kluwer Legal & Regulatory U.S.
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In the last two decades of the Twentieth Century, a series of dramatic events reshaped the contours of depository institutions regulation. During the 1980s, the collapse of the savings and loan industry forced policymakers and regulators to rethink approaches to the supervision of depository institutions. The passage of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 significantly realigned the regulatory system. The passage of the Federal Deposit Insurance Corporation Improvement Act of 1991 sharpened the focus and techniques of supervision and enforcement. The passage of the Riegle Community Development and Regulatory Improvement Act of 1994 and the Riegle-Neal Interstate Banking and Branching Efficiency Act of 1994 required reassessment of such basic premises as the relationship of depository institutions to their local markets and the geographic limits on the market for financial services. At the same time, increased competition from foreign banks in the international and domestic banking markets has placed pressure on an industry still reeling from the end of the profitable period of the 1980s. Furthermore, with an eye towards the new millennium, in November 1999, Congress sought to revitalize and modernize the financial services industry with the passage of the Gramm-Leach-Bliley Act, perhaps the most important piece of federal banking legislation since the Banking Act of 1933.

The Twenty-First Century has not been particularly felicitous for financial services. Since September 2001, the U.S. and multilateral responses to the tragic circumstances of the terrorist attacks on the United States have had, and will doubtless continue to have, a significant impact on international banking. The Sarbanes-Oxley Act of 2002, responding to the corporate accounting scandals that have piled up since the collapse of Enron, is beginning to have an impact on banking and financial services generally. Finally, the collapse of the subprime mortgage market has demonstrated the interconnectedness of modern financial services markets, as subprimes and their many derivatives dragged global markets into the abyss. That crisis continues unabated, and one can only imagine “What's next?”

Banking Law and Regulation, Second Edition is a comprehensive three-volume treatise that provides subscribers with essential information covering a wide array of topics concerning financial services law. This exhaustive work provides incisive discussion and analysis of various aspects of financial services law, including the Financial Institutions Reform, Recovery, and Enforcement Act, the Federal Deposit Insurance Corporation Improvement Act, the Community Development and Regulatory Improvement Act, the Interstate Banking and Branching Efficiency Act, the Economic Growth and Regulatory Paperwork Reduction Act, the Credit Union Membership Access Act of 1998, the Gramm-Leach-Bliley Act of 1999, the Sarbanes-Oxley Act of 2002, the Fair and Accurate Credit Transactions Act of 2003, the Federal Deposit Insurance Reform Act of 2005 and the Federal Deposit Insurance Reform Conforming Amendments Act of 2005, the Financial Services Regulatory Relief Act of 2006, and the Housing and Economic Recovery Act of 2008.

ISBN: 9781454801078
SKU: 10046046-7777


  • CHAPTER 1 Introduction: The Regulatory Environment

PART I Corporate Law of Depository Institutions

  • CHAPTER 2 Organization of the Entity


  • CHAPTER 2A Branching
  • CHAPTER 3 Management of Depository Institutions
  • CHAPTER 4 Exercise of Control
  • CHAPTER 4A Corporate Powers

PART II Securities Regulation

  • CHAPTER 5 Issuance of Securities
  • CHAPTER 6 Trading in Bank- and Thrift-Issued Securities
  • CHAPTER 7 Securities Activities of Depository Institutions


PART III Changes in Corporate Structure and Organization

  • CHAPTER 8 Holding Company Formation
  • CHAPTER 8A Holding Company Activities
  • CHAPTER 9 Mergers and Acquisitions
  • CHAPTER 10 Conversions
  • CHAPTER 11 Supervision of Troubled and Failing Institutions

PART IV U.S. International Banking Policy

  • CHAPTER 12 U.S. International Banking Policy

Selected Bibliography

Table of Cases

Table of Statutes

Table of Rules and Regulations



Michael P. Malloy

E-mail address:

Photo - Michael P. Malloy


B.A., Georgetown University
J.D., University of Pennsylvania
Ph.D., Georgetown University


An internationally recognized expert on bank regulation and on economic sanctions, Dr. Malloy has served in a number of positions in Washington, D.C., including attorney-adviser with the U.S. Treasury Department's Office of Foreign Assets Control and with the Office of the Comptroller of the Currency, and Special Counsel (Disclosure and Enforcement Policy) at the Securities and Exchange Commission. He has served on the Executive Council of the American Society of International Law and as the Editor of the Proceedings of the American Society of Interna­tional Law; Chair of the Committee on Economic Sanctions of the Internation­al Law Association (American Branch); and, Chair of the Editorial Advisory Board of the Banking Law Anthology. He has recently served as Chair of the Section on Financial Institutions and Consumer Financial Services of the Association of American Law Schools. In 2006, he was appointed a member of the Athens Institute for Education and Research.


Author and editor of over 70 books and book-length supplements, Dr. Malloy has most recently published a second edition of his casebook on bank regulation, which was quoted in a 2007 Supreme Court case; a new edition of his casebook on international banking; several leading banking law textbooks; and his multivolume treatise, Banking Law and Regulation. He is currently at work on a third edition of his often-cited Principles of Bank Regulation, used by banking law students and practitioners throughout the United States and the world.