[Code of Federal Regulations]
[Title 12, Volume 2, Parts 200 to 219]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 12CFR204.123]

[Page 114-115]
 
                       TITLE 12--BANKS AND BANKING
 
                   CHAPTER II--FEDERAL RESERVE SYSTEM
 
PART 204--RESERVE REQUIREMENTS OF DEPOSITORY INSTITUTIONS (REGULATION D)--Table of Contents
 
Sec. 204.123  Sale of Federal funds by investment companies or trusts in which the entire beneficial interest is held exclusively by depository institutions.

    (a) The Federal Reserve Act, as amended by the Monetary Control Act 
of 1980 (Title I of Pub. L. 96-221) imposes Federal Reserve requirements 
on transaction accounts and nonpersonnel time deposits held by 
depository institutions. The Board is empowered under the Act to 
determine what types of obligations shall be deemed a deposit. 
Regulation D--Reserve Requirements of Depository Institutions exempts 
from the definition of deposit those obligations of a depository 
institution that are issued or undertaken and held for the account of a 
domestic office of another depository institution (12 CFR 
204.2(a)(1)(vii)(A)(1)). These exemptions from the definition of deposit 
are known collectively as the Federal funds or interbank exemption.
    (b) Title IV of the Depository Institutions Deregulation and 
Monetary Control Act of 1980 authorizes Federal savings and loan 
associations to invest in open-ended management investment companies 
provided the funds' investment portfolios are limited to the types of 
investments that a Federal savings and loan association could hold 
without limit as to percentage of assets (12 U.S.C. 1464(c)(1)(Q)). Such 
investments include mortgages, U.S. Government and agency securities, 
securities of states and political subdivisions, sales of Federal funds 
and deposits held at banks insured by the Federal Deposit Insurance 
Corporation. The Federal Credit Union Act authorizes Federal credit 
unions to aggregate their funds in trusts provided the trust is limited 
to such investments that Federal credit unions could otherwise make. 
Such investments include loans to credit union members, obligations of 
the U.S. government or secured by the U.S. government, loans to other 
credit unions, shares or accounts held at savings and loan associations 
or mutual savings banks insured by FSLIC or FDIC, sales of Federal funds 
and shares of any central credit union whose investments are 
specifically authorized by the board of directors of the Federal credit 
union making the investment (12 U.S.C. 1757(7)).
    (c) The Board has considered whether an investment company or trust 
whose entire beneficial interest is held by depository institutions, as 
defined in Regulation D, would be eligible for the Federal funds 
exemption from Reserve requirements and interest rate limitations. The 
Board has determined that such investment companies or trusts are 
eligible to participate in the Federal funds market because, in effect, 
they act as mere conduits for the holders of their beneficial interest. 
To be regarded by the Board as acting as a conduit and, thus, be 
eligible for participation in the Federal funds market,

[[Page 115]]

an investment company or trust must meet each of the following 
conditions:
    (1) The entire beneficial interest in the investment company or 
trust must be held by depository institutions, as defined in Regulation 
D. These institutions presently may participate directly in the Federal 
funds market. If the entire beneficial interest in the investment 
company or trust is held only by depository institutions, the Board will 
regard the investment company or trust as a mere conduit for the holders 
of its beneficial interest.
    (2) The assets of the investment company or trust must be limited to 
investments that all of the holders of the beneficial interest could 
make directly without limit.
    (3) Holders of the beneficial interest in the investment company or 
trust must not be allowed to make third party payments from their 
accounts with the investment company or trust. The Board does not regard 
an investment company or trust that offers third party payment 
capabilities or other similar services which actively transform the 
nature of the funds passing between the holders of the beneficial 
interest and the Federal funds market as mere conduits.

The Board expects that the above conditions will be included in 
materials filed by an investment company or trust with the appropriate 
regulatory agencies.

    (d) The Board believes that permitting sales of Federal funds by 
investment companies or trusts whose beneficial interests are held 
exclusively by depository institutions, that invest solely in assets 
that the holders of their beneficial interests can otherwise invest in 
without limit, and do not provide third party payment capabilities offer 
the potential for an increased yield for thrifts. This is consistent 
with Congressional intent to provide thrifts with convenient liquidity 
vehicles.

[47 FR 8987, Mar. 3, 1982, as amended at 52 FR 47695, Dec. 16, 1987]