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State Banking Department

State Banking Department

What Is a State Banking Department?

The term state banking department alludes to a state-explicit regulatory body that manages the operations of financial institutions inside its jurisdiction. A state banking department's primary responsibility is to guarantee that the financial system is open, stable, and safe for all consumers. The agency additionally regulates and licenses non-customary financial companies, specifically those that loan and conduct any kind of financial business in that state.

How State Banking Departments Work

A state banking department is an agency that is responsible for chartering and directing financial institutions that operate inside its jurisdiction. The department additionally conducts routine assessments of these companies, including commercial banks, credit unions, and trust companies. The agency likewise licenses and regulates other financial companies, for example, insurance companies, mortgage lenders, second hand stores, money transmitters, and payday lenders.

Not all banks that operate in a particular state fall inside its jurisdiction. State-chartered banks and certain non-bank members of federally chartered banks might possibly fall inside the jurisdiction of that state's banking regulatory authority. Other federally chartered banks are under the jurisdiction of the Federal Reserve System (Fed) or the Federal Deposit Insurance Corporation (FDIC).

The state banking department is where numerous consumers go to file a grievance against a financial institution that is inside the banking department's jurisdiction. The Consumer Financial Protection Bureau (CFPB) keeps in touch data for state banking departments. The Office of the Comptroller of the Currency (OCC)also assists with directing consumer grumblings to the fitting banking regulatory agency, whether it is a state banking department or a federal agency.

More than 80% of the 5,000+ banks in the United States are state chartered.

Special Considerations

Many banks might fall inside the jurisdictions of both state and federal banking regulatory specialists. A state-chartered bank that is a member of the Federal Reserve System is under the oversight of both that state's banking department and the Fed.

State-chartered banks that are not a part of the Federal Reserve System fall under the supervision of both that state's banking department and the FDIC. As such, most banks are regulated by both state and federal regulatory agencies.

Contingent upon a bank's organizational structure and the type of charter it has, it very well may be subject to numerous excess federal and state regulations. The combination of federal and state oversight of banks is known as the dual banking system.

History of State Banking Departments

State banking departments developed out of a requirement for bank chartering agencies in the beginning of the United States. Around then, there was no strong federal banking system. State banking departments were the main elements authorized to charter banks, and they keep on chartering banks today. The dual banking system started in the late nineteenth century after the entry of the National Bank Act of 1863. It shaped the OCC and authorized the agency to charter national banks.

State Banking Departments Vs. Different Regulators

The state banking department is only one of several state financial regulators. Other state financial regulatory bodies incorporate state insurance regulators and state securities regulators. State securities regulators play a particularly important job in controlling investment advisors.

Most financial advisors don't need to register with the Securities and Exchange Commission (SEC), and they are not administered by the state banking department. On the off chance that you have an inquiry or protest about a financial advisor, the North American Securities Administrators Association (NASAA) keeps a rundown of state securities regulators.

Features

  • Many banks might fall inside the jurisdictions of both state and federal banking regulatory specialists.
  • A state banking department is a state-explicit regulatory body that directs the operations of financial institutions inside its jurisdiction.
  • Consumers can file objections against financial institutions with the Consumer Financial Protection Bureau.
  • The agencies additionally regulate and license non-customary financial companies, like mortgage lenders, second hand stores, and payday lenders.
  • State banking departments developed out of the requirement for bank chartering agencies when a strong federal banking system was deficient in the beginning of the United States.