Function, Purpose, and Regulation of Financial Institutions Flashcards

1
Q

Banks - Function

A

A bank performs financial transactions such as receiving, investing, and lending money.

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2
Q

Banks - Purpose

A

A bank is a financial intermediary. The bank accepts deposits, paying interest on those deposits. Banks then make loans from unused deposits, receiving interest from the borrowers.

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3
Q

Banks - Regulation

A

Bank regulation involves three federal agencies and fifty state agencies. If the bank is federally or nationally chartered, it is regulated by of
- the Comptroller of the Currency
- the Federal Reserve
- the Federal Deposit Insurance Corporation (FDIC).
A state-chartered bank is subject to regulatory authority of the particular state in which it is located, as well as the Federal Reserve, and the Federal Deposit
Insurance Corporation.

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4
Q

Savings and Loan (S&L)/Thrifts - Function and Purpose

A

Typically, the S&Ls acquire funds through time deposits. Funds are then used to make mortgage loans.

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5
Q

Savings and Loan (S&L)/Thrifts - Regulation

A

Like banks, S&Ls may be federally, or state chartered and are regulated by a branch of the FDIC and the Federal Home Bank Board.

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6
Q

Bank and S&L account insurance

A

The Federal Deposit Insurance Reform Act of 2005 merges the Savings Association Insurance Fund (SAIF) and the Bank Insurance Fund (BIF) into the new Deposit Insurance Fund. Coverage depends
on the titling (ownership) of the account. Coverage is accumulative per titling.

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7
Q

Insurance Limitations

A

The standard insurance amount is $250,000 per depositor (owner), per insured bank for each ownership category. Only certain types of deposit products are insurable.

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8
Q

Ownership Categories

A
  1. Individual accounts
  2. Joint accounts: Regulations now allow for each individual to have his or her full $250,000 coverage on joint accounts. This means that a husband and wife could own one or more accounts at the same insured institution covered for an aggregate maximum of $500,000. This is also true of
    someone sharing a joint account with a son, daughter, mother, father, etc. Example: A father has $250,000 in a joint account with his son and $250,000 in a joint account with his daughter. The father is insured for $250,000 ($125,000 each account), and the children are insured for $125,000
    each. The total insured is $500,000.
  3. Revocable trust (in trust for or payable on death to): Regulations now allow for an additional $250,000 per beneficiary named in a revocable living trust. Example: Man has revocable trust, names his wife as beneficiary $250,000.
  4. IRAs and Keoghs: IRA and Keogh funds will be insured separately from any non-retirement funds. The regulations allow for an additional $250,000 per account.
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9
Q

Insurable and Not Insurable Deposit Products

A

Insurable
* Checking accounts
* Savings accounts
* Money Market Deposit Accounts (MMDAs)
* Certificates of Deposit (CDs)

No Insurable
* Stock investments
* Bond investments
* Mutual Funds (including Money Market
mutual funds)
* U.S. Treasury bills, bonds or notes

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10
Q

Credit unions

A

Credit unions are nonprofit financial organizations serving members with a common affiliation (i.e. employment union). Credit unions, like other financial institutions, are closely regulated. The National Credit Union Share Insurance Fund, administered by an agency of the federal government, insures (up to
$250,000 like FDIC) deposits of credit union members at more than 12,000 federal and state-chartered credit unions. Members are provided with a safe, convenient place to save and borrow at reasonable
rates. A variety of loans are available and often include the following:
* new or used vehicles * personal signature
* first and second mortgages * student
* home equity * consolidation

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11
Q

Brokers and Dealers - Function

A

A dealer is an individual or firm acting as a principal in a securities transaction. Principals trade for their own account and risk. They buy from sellers and sell to buyers. When buying from a firm acting
as a dealer, a customer receives securities from the firm’s inventory. When floor specialists trade for their own account they act as dealers.
However, when these firms match buyers to sellers they act as brokers. Since most brokerage firms operate both as brokers and as principals, they are known as broker-dealers.

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12
Q

Brokers and Dealers - Purpose

A

Brokerage companies act as agents in executing orders to buy and sell securities on various stock exchanges. Most broker-dealers also facilitate over the counter (off exchange) trading.

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13
Q

Brokers and Dealers - Regulation

A

The SEC regulates brokerage companies through FINRA.

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14
Q

Insider Trading and Securities Fraud Enforcement Act of 1988

A

“Insider trading” cannot be defined precisely. An insider is a person with access to key information before it is made available to the public. Insiders are often directors, officers, and key employees and
may also include relatives and others in a position to capitalize on insider information.

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15
Q

Insurance companies - Function

A

Insurance companies help clients to protect their assets and income against a variety of risks. Besides marketing products, the companies engage in a variety of functions:
* underwriting of policies * reinsurance * claims adjusting * rate making * investing assets

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16
Q

Insurance companies - Purpose

A

Insurance companies provide a mechanism for risk sharing and risk transfer

17
Q

Insurance companies - Regulation (mostly at the state level)

A

The principal goals of state regulation of insurance are as follows:
* Maintaining the solvency of insurers
* Protecting policyholders against mistreatments by insurers
* Maintaining fair competition
* Helping assure coverage will be available to all who want and need it

The insurance industry is regulated by all three branches of state government:
* The legislative branch passes insurance laws and provides funding for regulation
* The courts interpret insurance laws and resolve disputes
* The executive branch, through the insurance commissioner, enforces insurance regulatory laws

Areas in which the state regulates insurance company operations are:
* licensing companies and agents
* competence of agents
* policy forms * reserves
* rebating * twisting
* company insolvencies or liquidation * access to insurance

18
Q

Insurance companies - Federal regulation of insurance

A

There are three major areas of federal regulation of insurance:
* COBRA and HIPAA as they relate to health coverage continuation
* Standardization of Medicare supplement policies
* Taxation of various insurance policies, including life insurance, annuities, long-term care, viatical settlements, disability, etc.

19
Q

Mutual fund companies - Function

A

A mutual fund is operated by an investment company that raises money from shareholders (investors) and invests the money in stocks, bonds, options, commodities, or money market securities.

20
Q

Mutual fund companies - Purpose

A

The fund offers the advantages of diversification and professional management.

21
Q

Mutual fund companies - Regulation

A

Mutual funds are regulated by the SEC.

22
Q

Securities Act of 1933

A

The 1933 Act requires that purchasers of new issues (primary offerings) be provided with a detailed prospectus before a transaction. Full and fair disclosure of risks is required.

23
Q

Securities Act of 1934

A

The Act of 1934 regulates the secondary market (trading of issued securities). This Act also created the SEC to create and enforce securities laws.

24
Q

Investment Company Act of 1940

A

The Act authorized the SEC to regulate unit investment trusts (UITs) and managed investment companies (closed end and open-end funds) and the separate accounts that operate in variable life
insurance and annuities

25
Q

Investment Advisors Act (IAA) of 1940

A

The Act of 1940 defines the role and responsibilities of an investment adviser/advisor. The Act authorized the SEC to monitor those who advise pension funds, individuals, and institutions on
investing. It specifies what qualifies as investment advice and stipulates who must register with state and federal regulators in order to dispense it.

26
Q

Securities Investors Protection Act of 1970

A

This Act established the SIPC to supervise securities firms that get into financial difficulties. The SIPC insures investors against losses arising from the failure of the brokerage firm, not bad investing

27
Q

Trust companies

A

This is an organization, usually associated with a commercial bank, which is engaged as a trustee, fiduciary, or agent for individuals and organizations. Trust companies typically engage in fiduciary
investment management and estate planning. Trust companies handle the administration of trust funds, estates and custodial arrangements, stock transfer and registration, and other related services. Trust companies are regulated by state law.

The institution’s trust department will act as a trustee—to administer financial assets on behalf of beneficiaries. The assets are typically in trust, a legal instrument that spells out the beneficiaries and how the assets may be distributed.
A trustee will manage investments, keep records, manage assets, prepare court accountings, pay bills (depending on the nature of the trust), pay medical expenses, distribute charitable gifts, and inheritances
or make other distributions of income and principal.

A trust company can be named as an executor or personal representative in a last will and testament. The responsibilities of an executor in settling the estate of a deceased person include collecting debts,
settling claims for debt and taxes, accounting for assets to the courts and distributing wealth to beneficiaries.