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12 U.S.C. § 4308Regulations

submitted 35 years ago by Pub. L. 102-242 to r/title-12-BANKS-AND-BANKING · 423 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Bureau must issue regulations to carry out this chapter after consultation and public comment, and must publish model disclosure forms. Institutions using an appropriate model form are treated as complying with the disclosure rules.

(a) In general. (1) Before the 9-month period beginning December 19, 1991, ends, the Bureau, after consulting each agency named in section 4309(a), public notice, and an opportunity for comment, must issue regulations carrying out this chapter. (2) The regulations must take effect no later than 9 months after final publication. (3) They may include classifications, distinctions, adjustments, and exceptions for account classes that the Bureau finds necessary or proper to carry out the chapter, prevent evasion, or make compliance easier. (4) This chapter does not apply to a depository institution before the applicable Bureau regulations take effect, or, for the institutions described in section 461(b)(1)(A)(iv), before National Credit Union Administration Bureau regulations under section 4311(b) take effect. (b) Model forms and clauses. (1) The Bureau must publish model forms and clauses for common disclosures and consider automated data processing used by institutions. (2) An institution need not use a model form. It is considered compliant if it uses an appropriate published model, or uses one after deleting information not required by this chapter or rearranging its format, so long as the substance, clarity, and meaningful sequence are unchanged. (3) The Bureau must adopt model forms after notice in the Federal Register and public comment under section 553 of title 5.
the actual law source: uscode.house.gov ↗public domain
(a) In general
(1) Regulations required

Before the end of the 9-month period beginning on December 19, 1991, the Bureau, after consultation with each agency referred to in section 4309(a) of this title and public notice and opportunity for comment, shall prescribe regulations to carry out the purpose and provisions of this chapter.

(2) Effective date of regulations

The regulations prescribed under paragraph (1) shall take effect not later than 9 months after publication in final form.

(3) Contents of regulations

The regulations prescribed under paragraph (1) may contain such classifications, differentiations, or other provisions, and may provide for such adjustments and exceptions for any class of accounts as, in the judgment of the Bureau, are necessary or proper to carry out the purposes of this chapter, to prevent circumvention or evasion of the requirements of this chapter, or to facilitate compliance with the requirements of this chapter.

(4) Date of applicability

The provisions of this chapter shall not apply with respect to any depository institution before the effective date of regulations prescribed by the Bureau under this subsection (or by the National Credit Union Administration Bureau 1 under section 4311(b) 2 of this title, in the case of any depository institution described in clause (iv) of section 461(b)(1)(A) of this title).

(b) Model forms and clauses
(1) In general

The Bureau shall publish model forms and clauses for common disclosures to facilitate compliance with this chapter. In devising such forms, the Bureau shall consider the use by depository institutions of data processing or similar automated machines.

(2) Use of forms and clauses deemed in compliance

Nothing in this chapter may be construed to require a depository institution to use any such model form or clause prescribed by the Bureau under this subsection. A depository institution shall be deemed to be in compliance with the disclosure provisions of this chapter if the depository institution—

(A)

uses any appropriate model form or clause as published by the Bureau; or

(B)

uses any such model form or clause and changes it by—

(i)

deleting any information which is not required by this chapter; or

(ii)

rearranging the format,

if in making such deletion or rearranging the format, the depository institution does not affect the substance, clarity, or meaningful sequence of the disclosure.

(3) Public notice and opportunity for comment

Model disclosure forms and clauses shall be adopted by the Bureau after duly given notice in the Federal Register and an opportunity for public comment in accordance with section 553 of title 5.

Source credit: (Pub. L. 102–242, title II, § 269, Dec. 19, 1991, 105 Stat. 2338; Pub. L. 102–550, title IX, § 957(b), title XVI, § 1604(e)(2)(D)–(H), Oct. 28, 1992, 106 Stat. 3897, 4084; Pub. L. 111–203, title X, § 1100B(1), July 21, 2010, 124 Stat. 2109.)

history & why it existsrecord from the source credit
  • 1991Enacted · Pub. L. 102-242 · 105 Stat. 2338
  • 1992Amended · Pub. L. 102-550 · 106 Stat. 3897, 4084
  • 2010Amended · Pub. L. 111-203 · 124 Stat. 2109

A history note hasn’t been published yet. The record shows enactment by Pub. L. 102-242 on 1991-12-19.

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