[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: 12CFR204.126]

[Page 117]
 
                       TITLE 12--BANKS AND BANKING
 
                   CHAPTER II--FEDERAL RESERVE SYSTEM
 
PART 204--RESERVE REQUIREMENTS OF DEPOSITORY INSTITUTIONS (REGULATION D)--Table of Contents
 
Sec. 204.126  Depository institution participation in ``Federal funds'' market.

    (a) Under Sec. 204.2(a)(1)(vii)(A), there is an exemption from 
Regulation D for member bank obligations in nondeposit form to another 
bank. To assure the effectiveness of the limitations on persons who sell 
Federal funds to depository institutions, Regulation D applies to 
nondocumentary obligations undertaken by a depository institution to 
obtain funds for use in its banking business, as well as to documentary 
obligations. Under Sec. 204.2(a)(1)(vii) of Regulation D, a depository 
institution's liability under informal arrangements as well as those 
formally embodied in a document are within the coverage of Regulation D.
    (b) The exemption in Sec. 204.2(a)(1)(vii)(A) applies to obligations 
owed by a depository institution to a domestic office of any entity 
listed in that section (the exempt institutions). The exempt 
institutions explicitly include another depository institution, foreign 
bank, Edge or agreement corporation, New York Investment (article XII) 
Company, the Export-Import Bank of the United States, Minbanc Capital 
Corp., and certain other credit sources. The term exempt institutions 
also includes subsidiaries of depository institutions:
    (1) That engage in businesses in which their parents are authorized 
to engage; or
    (2) The stock of which by statute is explicitly eligible for 
purchase by national banks.
    (c) To assure that this exemption for liabilities to exempt 
institutions is not used as a means by which nondepository institutions 
may arrange through an exempt institution to sell Federal funds to a 
depository institution, obligations within the exemption must be issued 
to an exempt institution for its own account. In view of this 
requirement, a depository institution that purchases Federal funds 
should ascertain the character (not necessarily the identity) of the 
actual seller in order to justify classification of its liability on the 
transaction as Federal funds purchased rather than as a deposit. Any 
exempt institution that has given general assurance to the purchasing 
depository institution that sales by it of Federal funds ordinarily will 
be for its own account and thereafter executes such transactions for the 
account of others, should disclose the nature of the actual lender with 
respect to each such transaction. If it fails to do so, the depository 
institution would be deemed by the Board as indirectly violating section 
19 of the Federal Reserve Act and Regulation D.

[52 FR 47695, Dec. 16, 1987]