McFadden Act

Last updated

The McFadden Act is a United States federal law, named after Louis Thomas McFadden, member of the United States House of Representatives and Chairman of the United States House Committee on Banking and Currency, enacted in 1927 from recommendations made by former Comptroller of the Currency Henry May Dawes.

Contents

The Act sought to give national banks competitive equality with state-chartered banks by letting national banks branch to the extent permitted by state law. [1] The McFadden Act specifically prohibited interstate branching by allowing each national bank to branch only within the state in which it is situated. Under a grandfather clause, three major banks were allowed to continue conducting interstate banking (Northwestern National Bank, First Bank Stock Corporation, and First Western Bank).

Although the Riegle-Neal Interstate Banking and Branching Efficiency Act of 1994 [2] repealed this provision of the McFadden Act, it specified that state law continues to control intrastate branching, or branching within a state's borders, for both state and national banks.

See also

Related Research Articles

<span class="mw-page-title-main">National Bank Act</span> Primary federal legislation authorizing the creation of national banks in the US

The National Banking Acts of 1863 and 1864 were two United States federal banking acts that established a system of national banks, and created the United States National Banking System. They encouraged development of a national currency backed by bank holdings of U.S. Treasury securities and established the Office of the Comptroller of the Currency as part of the United States Department of the Treasury and a system of nationally chartered banks. The Act shaped today's national banking system and its support of a uniform U.S. banking policy.

<span class="mw-page-title-main">Aldrich–Vreeland Act</span> 1908 United States law creating the National Monetary Commission

The Aldrich–Vreeland Act was a United States law passed in response to the Panic of 1907 which established the National Monetary Commission.

<span class="mw-page-title-main">Federal Reserve Act</span> 1913 United States law creating the Federal Reserve System

The Federal Reserve Act was passed by the 63rd United States Congress and signed into law by President Woodrow Wilson on December 23, 1913. The law created the Federal Reserve System, the central banking system of the United States.

<span class="mw-page-title-main">Banking in the United States</span> Overview of the U.S. financial system

In the United States, banking began by the 1780s along with the country's founding and has developed into highly influential and complex system of banking and financial services. Anchored by New York City and Wall Street, it is centered on various financial services namely private banking, asset management, and deposit security.

The term national bank generally refers to a bank that operates across and within a nation state or country, but its usage varies by country. In some cases it operates as the government's reserve bank, while in others the name is used for commercial banks.

<span class="mw-page-title-main">Hugh McCulloch</span> American financier and politician (1808–1895)

Hugh McCulloch was an American financier who played a central role in financing the American Civil War. He served two non-consecutive terms as U.S. Treasury Secretary under three presidents. He was originally opposed to the creation of a system of national banks, but his reputation as head of the Bank of Indiana 1857 to 1863 persuaded the Treasury to bring him in to supervise the new system as Comptroller of the Currency 1863–65. As Secretary of the Treasury 1865–69 he reduced and funded the gigantic Civil War debt of the union, and reestablished the federal taxation system across the former Confederate States of America. He tried but failed to make a rapid return to the gold standard.

<span class="mw-page-title-main">Community Reinvestment Act</span> US federal law

The Community Reinvestment Act is a United States federal law designed to encourage commercial banks and savings associations to help meet the needs of borrowers in all segments of their communities, including low- and moderate-income neighborhoods. Congress passed the Act in 1977 to reduce discriminatory credit practices against low-income neighborhoods, a practice known as redlining.

<span class="mw-page-title-main">Office of the Comptroller of the Currency</span> American federal government organization

The Office of the Comptroller of the Currency (OCC) is an independent bureau within the United States Department of the Treasury that was established by the National Currency Act of 1863 and serves to charter, regulate, and supervise all national banks and thrift institutions and the federally licensed branches and agencies of foreign banks in the United States. The acting Comptroller of the Currency is Michael J. Hsu, who took office on May 10, 2021.

This history of central banking in the United States encompasses various bank regulations, from early wildcat banking practices through the present Federal Reserve System.

<span class="mw-page-title-main">Bank Holding Company Act</span>

The Bank Holding Company Act of 1956 is a United States Act of Congress that regulates the actions of bank holding companies.

<span class="mw-page-title-main">Federal Financial Institutions Examination Council</span> U.S. regulatory body

The Federal Financial Institutions Examination Council (FFIEC) is a formal U.S. government interagency body composed of five banking regulators that is "empowered to prescribe uniform principles, standards, and report forms to promote uniformity in the supervision of financial institutions". It also oversees real estate appraisal in the United States. Its regulations are contained in title 12 of the Code of Federal Regulations.

<span class="mw-page-title-main">Louis Thomas McFadden</span> American politician

Louis Thomas McFadden was a Republican member of the United States House of Representatives from Pennsylvania, serving from 1915 to 1935. A banker by trade, he was the chief sponsor of the 1927 McFadden Act, which rechartered the Federal Reserve System in perpetuity, liberalized branch banking for national banks and increased competition between member and non-member banks. He is known for his antisemitic conspiracy theories, which eventually saw him lose his seat in the House of Representatives.

<span class="mw-page-title-main">Branch (banking)</span>

A branch, banking center or financial center is a retail location where a bank, credit union, or other financial institution offers a wide array of face-to-face and automated services to its customers.

This article is about the history of the United States Federal Reserve System from its creation to the present.

Marquette Nat. Bank of Minneapolis v. First of Omaha Service Corp., 439 U.S. 299 (1978), is a unanimous U.S. Supreme Court decision holding that state anti-usury laws regulating interest rates cannot be enforced against nationally chartered banks based in other states. Justice William Brennan wrote that it was clearly the intent of Congress when it passed the National Banking Act that nationally chartered banks would be subject only to federal regulation by the Comptroller of Currency and the laws of the state in which they were chartered, and that only Congress or the appropriate state legislature could pass the laws regulating them.

<span class="mw-page-title-main">Joseph W. McIntosh</span>

Joseph Wallace McIntosh was a United States Comptroller of the Currency from December 20, 1924, to November 20, 1928.

This article details the history of banking in the United States. Banking in the United States is regulated by both the federal and state governments.

The Riegle-Neal Interstate Banking and Branching Efficiency Act of 1994 [IBBEA] amended the laws governing federally chartered banks in order to restore the laws' competitiveness with the recently relaxed laws governing state-chartered banks. The goal was the return to a balance between the benefits of a state bank charter versus a federal bank charter. Among other notable changes, the Act stipulated that a federally chartered bank wishing to expand must first undergo a review of its Community Reinvestment Act compliance.

Barnett Bank of Marion County, N.A. v. Nelson, 517 U.S. 25 (1996), is a Supreme court case that ruled that states could moderate national banks if doing so does not prevent or largely interfere with the national bank's ability to exercise its powers. Later, in 2004, the OCC authorized its preemption rule which declared that a national bank's ability to exert its incidental powers which include lending and deposit taking inhibited state laws that obstruct, impair or condition” the business of banking."

Keith A. Noreika is an American lawyer who specializes in the regulation of financial institutions. He served as Acting Comptroller of the Currency from May 5, 2017, to November 27, 2017, following the 30th Comptroller of the Currency, Thomas J. Curry, and preceding the 31st Comptroller of the Currency, Joseph Otting. Noreika rejoined the law firm of Simpson Thacher on January 8, 2018. He joined Patomak Global Partners as Executive Vice President and Chairman of its Banking Supervision and Regulation Group on July 5, 2022.

References

  1. "McFadden Banking Act". Encyclopedia.com. Retrieved June 12, 2022. McFADDEN BANKING ACT of 25 February 1927 permitted national banks to operate home-city branch offices in cities where state banks had similar privileges.
  2. Lemonade or Lemon? Riegel-Neal Act of 1994