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TITLE 12 - BANKS AND BANKING
CHAPTER II - FEDERAL RESERVE SYSTEM
SUBCHAPTER A - BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM
PART 230 - TRUTH IN SAVINGS (REGULATION DD)
Supplement I to Part 230 - Official Staff Interpretations
Link to an amendment published at 70 FR 29594, May 24, 2005.
Introduction 1. Official status. This commentary is the means by which the Division of Consumer and Community Affairs of the Federal Reserve Board issues official staff interpretations of Regulation DD. Good faith compliance with this commentary affords protection from liability under section 271(f) of the Truth in Savings Act.
Section 230.1Authority, purpose, coverage, and effect on state laws (c) Coverage 1. Foreign applicability. Regulation DD applies to all depository institutions, except credit unions, that offer deposit accounts to residents (including resident aliens) of any state as defined in 230.2(r). Accounts held in an institution located in a state are covered, even if funds are transferred periodically to a location outside the United States. Accounts held in an institution located outside the United States are not covered, even if held by a U.S.
resident.
2. Persons who advertise accounts. Persons who advertise accounts are subject to the advertising rules. For example, if a deposit broker places an advertisement offering consumers an interest in an account at a depository institution, the advertising rules apply to the advertisement, whether the account is to be held by the broker or directly by the consumer.
Section 230.2Definitions (a) Account 1. Covered accounts. Examples of accounts subject to the regulation are: i. Interest-bearing and noninterest-bearing accounts ii. Deposit accounts opened as a condition of obtaining a credit card iii. Accounts denominated in a foreign currency iv. Individual retirement accounts (IRAs) and simplified employee pension (SEP) accounts v. Payable on death (POD) or Totten trust accounts 2. Other accounts. Examples of accounts not subject to the regulation are: i. Mortgage escrow accounts for collecting taxes and property insurance premiums ii. Accounts established to make periodic disbursements on construction loans iii. Trust accounts opened by a trustee pursuant to a formal written trust agreement (not merely declarations of trust on a signature card such as a Totten trust, or an IRA and SEP account) iv. Accounts opened by an executor in the name of a decedent's estate 3. Other investments. The term account does not apply to all products of a depository institution. Examples of products not covered are: i. Government securities ii. Mutual funds iii. Annuities iv. Securities or obligations of a depository institution v. Contractual arrangements such as repurchase agreements, interest rate swaps, and bankers acceptances (b) Advertisement 1. Covered messages. Advertisements include commercial messages in visual, oral, or print media that invite, offer, or otherwise announce generally to prospective customers the availability of consumer accountssuch as: i. Telephone solicitations ii. Messages on automated teller machine (ATM) screens iii. Messages on a computer screen in an institution's lobby (including any printout) other than a screen viewed solely by the institution's employee iv. Messages in a newspaper, magazine, or promotional flyer or on radio v. Messages that are provided along with information about the consumer's existing account and that promote another account at the institution 2. Other messages. Examples of messages that are not advertisements are: i. Rate sheets in a newspaper, periodical, or trade journal (unless the depository institution, or a deposit broker offering accounts at the institution, pays a fee for or otherwise controls publication) ii. In-person discussions with consumers about the terms for a specific account iii. Information given to consumers about existing accounts, such as current rates recorded on a voice response machine or notices for automatically renewable time accounts sent before renewal (f) Bonus 1. Examples. Bonuses include items of value, other than interest, offered as incentives to consumers, such as an offer to pay the final installment deposit for a holiday club account. Items that are not a bonus include discount coupons for goods or services at restaurants or stores.
2. De minimis rule. Items with a de minimis value of $10 or less are not bonuses. Institutions may rely on the valuation standard used by the Internal Revenue Service to determine if the value of the item is de minimis. Examples of items of de minimis value are: i. Disability insurance premiums valued at an amount of $10 or less per year ii. Coffee mugs, T-shirts or other merchandise with a market value of $10 or less 3. Aggregation. In determining if an item valued at $10 or less is a bonus, institutions must aggregate per account per calendar year items that may be given to consumers. In making this determination, institutions aggregate per account only the market value of items that may be given for a specific promotion. To illustrate, assume an institution offers in January to give consumers an item valued at $7 for each calendar quarter during the year that the average account balance in a negotiable order of withdrawal (NOW) account exceeds $10,000. The bonus rules are triggered, since consumers are eligible under the promotion to receive up to $28 during the year. However, the bonus rules are not triggered if an item valued at $7 is offered to consumers opening a NOW account during the month of January, even though in November the institution introduces a new promotion that includes, for example, an offer to existing NOW account holders for an item valued at $8 for maintaining an average balance of $5,000 for the month.
4. Waiver or reduction of a fee or absorption of expenses. Bonuses do not include value that consumers receive through the waiver or reduction of fees (even if the fees waived exceed $10) for banking-related services such as the following: i. A safe deposit box rental fee for consumers who open a new account ii. Fees for travelers checks for account holders iii. Discounts on interest rates charged for loans at the institution (h) Consumer 1. Professional capacity. Examples of accounts held by a natural person in a professional capacity for another are attorney-client trust accounts and landlord-tenant security accounts.
2. Other accounts. Accounts not held in a professional capacity include accounts held by an individual for a child under the Uniform Gifts to Minors Act.
3. Sole proprietors. Accounts held by individuals as sole proprietors are not covered.
4. Retirement plans. IRAs and SEP accounts are consumer accounts to the extent that funds are invested in covered accounts. But Keogh accounts are not subject to the regulation.
(j) Depository institution and institution 1. Foreign institutions. Branches of foreign institutions located in the United States are subject to the regulation if they offer deposit accounts to consumers. Edge Act and Agreement corporations, and agencies of foreign institutions, are not depository institutions for purposes of this regulation.
(k) Deposit broker 1. General. A deposit broker is a person who is in the business of placing or facilitating the placement of deposits in an institution, as defined by the Federal Deposit Insurance Act (12 U.S.C. 29(g)).
(n) Interest 1. Relation to Regulation Q. While bonuses are not interest for purposes of this regulation, other regulations may treat them as the equivalent of interest. For example, Regulation Q identifies payments of cash or merchandise that violate the prohibition against paying interest on demand accounts. (See 12 CFR 217.2(d).) (p) Passbook savings account 1. Relation to Regulation E. Passbook savings accounts include accounts accessed by preauthorized electronic fund transfers to the account (as defined in 12 CFR 205.2(j)), such as an account that receives direct deposit of social security payments. Accounts permitting access by other electronic means are not passbook saving accounts and must comply with the requirements of 230.6 if statements are sent four or more times a year.
(q) Periodic statement 1. Examples. Periodic statements do not include: i. Additional statements provided solely upon request ii. General service information such as a quarterly newsletter or other correspondence describing available services and products (t) Tiered-rate account 1. Time accounts. Time accounts paying different rates based solely on the amount of the initial deposit are not tiered-rate accounts.
2. Minimum balance requirements. A requirement to maintain a minimum balance to earn interest does not make an account a tiered-rate account.
(u) Time account 1. Club accounts. Although club accounts typically have a maturity date, they are not time accounts unless they also require a penalty of at least seven days' interest for withdrawals during the first six days after the account is opened.
2. Relation to Regulation D. Regulation D permits in limited circumstances the withdrawal of funds without penalty during the first six days after a time deposit is opened. (See 12 CFR 204.2(c)(1)(i).) But the fact that a consumer makes a withdrawal as permitted by Regulation D does not disqualify the account from being a time account for purposes of this regulation.
(v) Variable-rate account 1. General. A certificate of deposit permitting one or more rate adjustments prior to maturity at the consumer's option is a variable-rate account.
Section 230.3General disclosure requirements (a) Form 1. Design requirements. Disclosures must be presented in a format that allows consumers to readily understand the terms of their account.
Institutions are not required to use a particular type size or typeface, nor are institutions required to state any term more conspicuously than any other term. Disclosures may be made: i. In any order ii. In combination with other disclosures or account terms iii. In combination with disclosures for other types of accounts, as long as it is clear to consumers which disclosures apply to their account iv. On more than one page and on the front and reverse sides v. By using inserts to a document or filling in blanks vi. On more than one document, as long as the documents are provided at the same time 2. Consistent terminology. Institutions must use consistent terminology to describe terms or features required to be disclosed. For example, if an institution describes a monthly fee (regardless of account activity) as a monthly service fee in account-opening disclosures, the periodic statement and change-in-term notices must use the same terminology so that consumers can readily identify the fee.
(b) General 1. Specificity of legal obligation. Institutions may refer to the calendar month or to roughly equivalent intervals during a calendar year as a month.
(c) Relation to Regulation E 1. General rule. Compliance with Regulation E (12 CFR part 205) is deemed to satisfy the disclosure requirements of this regulation, such as when: i. An institution changes a term that triggers a notice under Regulation E, and uses the timing and disclosure rules of Regulation E for sending change-in-term notices ii. Consumers add an ATM access feature to an account, and the institution provides disclosures pursuant to Regulation E, including disclosure of fees (See
(e) Oral response to inquiries 1. Application of rule. Institutions are not required to provide rate information orally.
2. Relation to advertising. The advertising rules do not cover an oral response to a question about rates.
3. Existing accounts. This paragraph does not apply to oral responses about rate information for existing accounts. For example, if a consumer holding a one-year certificate of deposit (CD) requests interest rate information about the CD during the term, the institution need not disclose the annual percentage yield.
(f) Rounding and accuracy rules for rates and yields (f)(1) Rounding 1. Permissible rounding. Examples of permissible rounding are an annual percentage yield calculated to be 5.644%, rounded down and disclosed as 5.64%; 5.645% rounded up and disclosed as 5.65%.
(f)(2) Accuracy 1. Annual percentage yield and annual percentage yield earned. The tolerance for annual percentage yield and annual percentage yield earned calculations is designed to accommodate inadvertent errors. Institutions may not purposely incorporate the tolerance into their calculation of yields.
Section 230.4Account disclosures (a) Delivery of account disclosures (a)(1) Account opening 1. New accounts. New account disclosures must be provided when: i. A time account that does not automatically rollover is renewed by a consumer ii. A consumer changes a term for a renewable time account (see 230.5(b)5 regarding disclosure alternatives) iii. An institution transfers funds from an account to open a new account not at the consumer's request, unless the institution previously gave account disclosures and any change-in-term notices for the new account iv. An institution accepts a deposit from a consumer to an account that the institution had deemed closed for the purpose of treating accrued but uncredited interest as forfeited interest (see 230.7(b)3) 2. Acquired accounts. New account disclosures need not be given when an institution acquires an account through an acquisition of or merger with another institution (but see 230.5(a) regarding advance notice requirements if terms are changed).
(a)(2) Requests (a)(2)(i) 1. Inquiries versus requests. A response to an oral inquiry (by telephone or in person) about rates and yields or fees does not trigger the duty to provide account disclosures. But when consumers ask for written information about an account (whether by telephone, in person, or by other means), the institution must provide disclosures unless the account is no longer offered to the public.
2. General requests. When responding to a consumer's general request for disclosures about a type of account (a NOW account, for example), an institution that offers several variations may provide disclosures for any one of them.
3. Timing for response. Ten business days is a reasonable time for responding to requests for account information that consumers do not make in person, including requests made by electronic communication.
4. Requests by electronic communication. Posting disclosures on a depository institution's web site generally does not relieve the institution's duty to provide disclosures upon request. If the consumer provides an e-mail address, the institution may provide the disclosures electronically, but the institution must either send the disclosures by e-mail or send a notice to the consumer's e-mail address pursuant to 230.10(d)(2)(i) to inform the consumer where the disclosures are posted.
(a)(2)(ii)(A) 1. Recent rates. Institutions comply with this paragraph if they disclose an interest rate and annual percentage yield accurate within the seven calendar days preceding the date they send the disclosures.
(a)(2)(ii)(B) 1. Term. Describing the maturity of a time account as 1 year or 6 months, for example, illustrates a statement of the maturity of a time account as a term rather than a date (January 10, 1995).
(b) Content of account disclosures (b)(1) Rate information (b)(1)(i) Annual percentage yield and interest rate 1. Rate disclosures. In addition to the interest rate and annual percentage yield, institutions may disclose a periodic rate corresponding to the interest rate. No other rate or yield (such as tax effective yield) is permitted. If the annual percentage yield is the same as the interest rate, institutions may disclose a single figure but must use both terms.
2. Fixed-rate accounts. For fixed-rate time accounts paying the opening rate until maturity, institutions may disclose the period of time the interest rate will be in effect by stating the maturity date. (See Appendix B, B7Sample Form.) For other fixed-rate accounts, institutions may use a date (This rate will be in effect through May 4, 1995) or a period (This rate will be in effect for at least 30 days).
3. Tiered-rate accounts. Each interest rate, along with the corresponding annual percentage yield for each specified balance level (or range of annual percentage yields, if appropriate), must be disclosed for tiered-rate accounts. (See Appendix A, Part I, Paragraph D.) 4. Stepped-rate accounts. A single composite annual percentage yield must be disclosed for stepped-rate accounts. (See Appendix A, Part I, Paragraph B.) The interest rates and the period of time each will be in effect also must be provided. When the initial rate offered for a specified time on a variable-rate account is higher or lower than the rate that would otherwise be paid on the account, the calculation of the annual percentage yield must be made as if for a stepped-rate account.
(See Appendix A, Part I, Paragraph C.) (b)(1)(ii) Variable rates (b)(1)(ii)(B) 1. Determining interest rates. To disclose how the interest rate is determined, institutions must: i. Identify the index and specific margin, if the interest rate is tied to an index ii. State that rate changes are within the institution's discretion, if the institution does not tie changes to an index (b)(1)(ii)(C) 1. Frequency of rate changes. An institution reserving the right to change rates at its discretion must state the fact that rates may change at any time.
(b)(1)(ii)(D) 1. Limitations. A floor or ceiling on rates or on the amount the rate may decrease or increase during any time period must be disclosed.
Institutions need not disclose the absence of limitations on rate changes.
(b)(2) Compounding and crediting (b)(2)(ii) Effect of closing an account 1. Deeming an account closed. An institution may, subject to state or other law, provide in its deposit contracts the actions by consumers that will be treated as closing the account and that will result in the forfeiture of accrued but uncredited interest. An example is the withdrawal of all funds from the account prior to the date that interest is credited.
(b)(3) Balance information (b)(3)(ii) Balance computation method 1. Methods and periods. Institutions may use different methods or periods to calculate minimum balances for purposes of imposing a fee (the daily balance for a calendar month, for example) and accruing interest (the average daily balance for a statement period, for example). Each method and corresponding period must be disclosed.
(b)(3)(iii) When interest begins to accrue 1. Additional information. Institutions may disclose additional information such as the time of day after which deposits are treated as having been received the following business day, and may use additional descriptive terms such as ledger or collected balances to disclose when interest begins to accrue.
(b)(4) Fees 1. Covered fees. The following are types of fees that must be disclosed: i. Maintenance fees, such as monthly service fees ii. Fees to open or to close an account iii. Fees related to deposits or withdrawals, such as fees for use of the institution's ATMs iv. Fees for special services, such as stop-payment fees, fees for balance inquiries or verification of deposits, fees associated with checks returned unpaid, and fees for regularly sending to consumers checks that otherwise would be held by the institution 2. Other fees. Institutions need not disclose fees such as the following: i. Fees for services offered to account and nonaccount holders alike, such as travelers checks and wire transfers (even if different amounts are charged to account and nonaccount holders) ii. Incidental fees, such as fees associated with state escheat laws, garnishment or attorneys fees, and fees for photocopying 3. Amount of fees. Institutions must state the amount and conditions under which a fee may be imposed. Naming and describing the fee (such as $4.00 monthly service fee) will typically satisfy these requirements.
4. Tied-accounts. Institutions must state if fees that may be assessed against an account are tied to other accounts at the institution. For example, if an institution ties the fees payable on a NOW account to balances held in the NOW account and a savings account, the NOW account disclosures must state that fact and explain how the fee is determined.
(b)(5) Transaction limitations 1. General rule. Examples of limitations on the number or dollar amount of deposits or withdrawals that institutions must disclose are: i. Limits on the number of checks that may be written on an account within a given time period ii. Limits on withdrawals or deposits during the term of a time account iii. Limitations required by Regulation D on the number of withdrawals permitted from money market deposit accounts by check to third parties each month. Institutions need not disclose reservations of right to require notices for withdrawals from accounts required by federal or state law.
(b)(6) Features of time accounts (b)(6)(i) Time requirements 1. Callable time accounts. In addition to the maturity date, an institution must state the date or the circumstances under which it may redeem a time account at the institution's option (a callable time account).
(b)(6)(ii) Early withdrawal penalties 1. General. The term penalty may but need not be used to describe the loss of interest that consumers may incur for early withdrawal of funds from time accounts.
2. Examples. Examples of early withdrawal penalties are: i. Monetary penalties, such as $10.00 or seven days' interest plus accrued but uncredited interest ii. Adverse changes to terms such as a lowering of the interest rate, annual percentage yield, or compounding frequency for funds remaining on deposit iii. Reclamation of bonuses 3. Relation to rules for IRAs or similar plans. Penalties imposed by the Internal Revenue Code for certain withdrawals from IRAs or similar pension or savings plans are not early withdrawal penalties for purposes of this regulation.
4. Disclosing penalties. Penalties may be stated in months, whether institutions assess the penalty using the actual number of days during the period or using another method such as a number of days that occurs in any actual sequence of the total calendar months involved. For example, stating one month's interest is permissible, whether the institution assesses 30 days' interest during the month of April, or selects a time period between 28 and 31 days for calculating the interest for all early withdrawals regardless of when the penalty is assessed.
(b)(6)(iv) Renewal policies 1. Rollover time accounts. Institutions offering a grace period on time accounts that automatically renew need not state whether interest will be paid if the funds are withdrawn during the grace period.
2. Nonrollover time accounts. Institutions paying interest on funds following the maturity of time accounts that do not renew automatically need not state the rate (or annual percentage yield) that may be paid.
(See Appendix B, Model Clause B1(h)(iv)(2).) Section 230.5Subsequent disclosures (a) Change in terms (a)(1) Advance notice required 1. Form of notice. Institutions may provide a change-in-term notice on or with a periodic statement or in another mailing. If an institution provides notice through revised account disclosures, the changed term must be highlighted in some manner. For example, institutions may note that a particular fee has been changed (also specifying the new amount) or use an accompanying letter that refers to the changed term.
2. Effective date. An example of language for disclosing the effective date of a change is As of November 21, 1994.
3. Terms that change upon the occurrence of an event. An institution offering terms that will automatically change upon the occurrence of a stated event need not send an advance notice of the change provided the institution fully describes the conditions of the change in the account opening disclosures (and sends any change-in-term notices regardless of whether the changed term affects that consumer's account at that time).
4. Examples. Examples of changes not requiring an advance change-in-terms notice are: i. The termination of employment for consumers for whom account maintenance or activity fees were waived during their employment by the depository institution ii. The expiration of one year in a promotion described in the account opening disclosures to waive $4.00 monthly service charges for one year (a)(2) No notice required (a)(2)(ii) Check printing fees 1. Increase in fees. A notice is not required for an increase in fees for printing checks (or deposit and withdrawal slips) even if the institution adds some amount to the price charged by the vendor.
(b) Notice before maturity for time accounts longer than one month that renew automatically 1. Maturity dates on nonbusiness days. In determining the term of a time account, institutions may disregard the fact that the term will be extended beyond the disclosed number of days because the disclosed maturity falls on a nonbusiness day. For example, a holiday or weekend may cause a one-year time account to extend beyond 365 days (or 366, in a leap year) or a one-month time account to extend beyond 31 days.
2. Disclosing when rates will be determined. Ways to disclose when the annual percentage yield will be available include the use of: i. A specific date, such as October 28 ii. A date that is easily determinable, such as the Tuesday before the maturity date stated on this notice or as of the maturity date stated on this notice 3. Alternative timing rule. Under the alternative timing rule, an institution offering a 10-day grace period would have to provide the disclosures at least 10 days prior to the scheduled maturity date.
4. Club accounts. If consumers have agreed to the transfer of payments from another account to a club time account for the next club period, the institution must comply with the requirements for automatically renewable time accountseven though consumers may withdraw funds from the club account at the end of the current club period.
5. Renewal of a time account. In the case of a change in terms that becomes effective if a rollover time account is subsequently renewed: i. If the change is initiated by the institution, the disclosure requirements of this paragraph apply. (Paragraph 230.5(a) applies if the change becomes effective prior to the maturity of the existing time account.) ii. If the change is initiated by the consumer, the account opening disclosure requirements of 230.4(b) apply. (If the notice required by this paragraph has been provided, institutions may give new account disclosures or disclosures highlighting only the new term.) 6. Example. If a consumer receives a prematurity notice on a one-year time account and requests a rollover to a six-month account, the institution must provide either account opening disclosures including the new maturity date or, if all other terms previously disclosed in the prematurity notice remain the same, only the new maturity date.
(b)(1) Maturities of longer than one year 1. Highlighting changed terms. Institutions need not highlight terms that changed since the last account disclosures were provided.
(c) Notice for time accounts one month or less that renew automatically (d) Notice before maturity for time accounts longer than one year that do not renew automatically 1. Subsequent account. When funds are transferred following maturity of a nonrollover time account, institutions need not provide account disclosures unless a new account is established.
Section 230.6Periodic statement disclosures (a) General rule 1. General. Institutions are not required to provide periodic statements. If they do provide statements, disclosures need only be furnished to the extent applicable. For example, if no interest is earned for a statement period, institutions need not state that fact.
Or, institutions may disclose $0 interest earned and 0% annual percentage yield earned.
2. Regulation E interim statements. When an institution provides regular quarterly statements, and in addition provides a monthly interim statement to comply with Regulation E, the interim statement need not comply with this section unless it states interest or rate information.
(See 12 CFR 205.9(b).) 3. Combined statements. Institutions may provide information about an account (such as an MMDA) on the periodic statement for another account (such as a NOW account) without triggering the disclosures required by this section, as long as: i. The information is limited to the account number, the type of account, or balance information, and ii. The institution also provides a periodic statement complying with this section for each account.
4. Other information. Additional information that may be given on or with a periodic statement includes: i. Interest rates and corresponding periodic rates applied to balances during the statement period ii. The dollar amount of interest earned year-to-date iii. Bonuses paid (or any de minimis consideration of $10 or less) iv. Fees for products such as safe deposit boxes (a)(1) Annual percentage yield earned 1. Ledger and collected balances. Institutions that accrue interest using the collected balance method may use either the ledger or the collected balance in determining the annual percentage yield earned.
(a)(2) Amount of interest 1. Accrued interest. Institutions must state the amount of interest that accrued during the statement period, even if it was not credited.
2. Terminology. In disclosing interest earned for the period, institutions must use the term interest or terminology such as: i. Interest paid, to describe interest that has been credited ii. Interest accrued or interest earned, to indicate that interest is not yet credited 3. Closed accounts. If consumers close an account between crediting periods and forfeits accrued interest, the institution may not show any figures for interest earned or annual percentage yield earned for the period (other than zero, at the institution's option).
(a)(3) Fees imposed 1. General. Periodic statements must state fees disclosed under 230.4(b) that were debited to the account during the statement period, even if assessed for an earlier period.
2. Itemizing fees by type. In itemizing fees imposed more than once in the period, institutions may group fees if they are the same type. But the description must make clear that the dollar figure represents more than a single fee, for example, total fees for checks written this period. Examples of fees that may not be grouped together are: i. Monthly maintenance and excess activity fees ii. Transfer fees, if different dollar amounts are imposedsuch as $.50 for deposits and $1.00 for withdrawals iii. Fees for electronic fund transfers and fees for other services, such as balance inquiry or maintenance fees 3. Identifying fees. Statement details must enable consumers to identify the specific fee. For example: i. Institutions may use a code to identify a particular fee if the code is explained on the periodic statement or in documents accompanying the statement.
ii. Institutions using debit slips may disclose the date the fee was debited on the periodic statement and show the amount and type of fee on the dated debit slip.
4. Relation to Regulation E. Disclosure of fees in compliance with Regulation E complies with this section for fees related to electronic fund transfers (for example, totaling all electronic funds transfer fees in a single figure).
(a)(4) Length of period 1. General. Institutions providing the beginning and ending dates of the period must make clear whether both dates are included in the period.
2. Opening or closing an account mid-cycle. If an account is opened or closed during the period for which a statement is sent, institutions must calculate the annual percentage yield earned based on account balances for each day the account was open.
(b) Special rule for average daily balance method 1. Monthly statements and quarterly compounding. This rule applies, for example, when an institution calculates interest on a quarterly average daily balance and sends monthly statements. In this case, the first two monthly statements would omit annual percentage yield earned and interest earned figures; the third monthly statement would reflect the interest earned and the annual percentage yield earned for the entire quarter.
2. Length of the period. Institutions must disclose the length of both the interest calculation period and the statement period. For example, a statement could disclose a statement period of April 16 through May 15 and further state that the interest earned and the annual percentage yield earned are based on your average daily balance for the period April 1 through April 30.
3. Quarterly statements and monthly compounding. Institutions that use the average daily balance method to calculate interest on a monthly basis and that send statements on a quarterly basis may disclose a single interest (and annual percentage yield earned) figure.
Alternatively, an institution may disclose three interest and three annual percentage yield earned figures, one for each month in the quarter, as long as the institution states the number of days (or beginning and ending dates) in the interest period if different from the statement period.
Section 230.7Payment of interest (a)(1) Permissible methods 1. Prohibited calculation methods. Calculation methods that do not comply with the requirement to pay interest on the full amount of principal in the account each day include: i. Paying interest on the balance in the account at the end of the period (the ending balance method) ii. Paying interest for the period based on the lowest balance in the account for any day in that period (the low balance method) iii. Paying interest on a percentage of the balance, excluding the amount set aside for reserve requirements (the investable balance method) 2. Use of 365-day basis. Institutions may apply a daily periodic rate greater than 1/365 of the interest ratesuch as 1/360 of the interest rateas long as it is applied 365 days a year.
3. Periodic interest payments. An institution can pay interest each day on the account and still make uniform interest payments. For example, for a one-year certificate of deposit an institution could make monthly interest payments equal to 1/12 of the amount of interest that will be earned for a 365-day period (or 11 uniform monthly paymentseach equal to roughly 1/12 of the total amount of interestand one payment that accounts for the remainder of the total amount of interest earned for the period).
4. Leap year. Institutions may apply a daily rate of 1/366 or 1/365 of the interest rate for 366 days in a leap year, if the account will earn interest for February 29.
5. Maturity of time accounts. Institutions are not required to pay interest after time accounts mature. (See 12 CFR part 217, the Board's Regulation Q, for limitations on duration of interest payments.) Examples include: i. During a grace period offered for an automatically renewable time account, if consumers decide during that period not to renew the account ii. Following the maturity of nonrollover time accounts iii. When the maturity date falls on a holiday, and consumers must wait until the next business day to obtain the funds 6. Dormant accounts. Institutions must pay interest on funds in an account, even if inactivity or the infrequency of transactions would permit the institution to consider the account to be inactive or dormant (or similar status) as defined by state or other law or the account contract.
(a)(2) Determination of minimum balance to earn interest 1. Daily balance accounts. Institutions that require a minimum balance may choose not to pay interest for days when the balance drops below the required minimum, if they use the daily balance method to calculate interest.
2. Average daily balance accounts. Institutions that require a minimum balance may choose not to pay interest for the period in which the balance drops below the required minimum, if they use the average daily balance method to calculate interest.
3. Beneficial method. Institutions may not require that consumers maintain both a minimum daily balance and a minimum average daily balance to earn interest, such as by requiring consumers to maintain a $500 daily balance and a prescribed average daily balance (whether higher or lower). But an institution could offer a minimum balance to earn interest that includes an additional method that is unequivocally beneficial to consumers such as the following: An institution using the daily balance method to calculate interest and requiring a $500 minimum daily balance could offer to pay interest on the account for those days the minimum balance is not met as long as consumers maintain an average daily balance throughout the month of $400.
4. Paying on full balance. Institutions must pay interest on the full balance in the account that meets the required minimum balance. For example, if $300 is the minimum daily balance required to earn interest, and a consumer deposits $500, the institution must pay the stated interest rate on the full $500 and not just on $200.
5. Negative balances prohibited. Institutions must treat a negative account balance as zero to determine: i. The daily or average daily balance on which interest will be paid ii. Whether any minimum balance to earn interest is met 6. Club accounts. Institutions offering club accounts (such as a holiday or vacation club) cannot impose a minimum balance requirement for interest based on the total number or dollar amount of payments required under the club plan. For example, if a plan calls for $10 weekly payments for 50 weeks, the institution cannot set a $500 minimum balance and then pay interest only if the consumer has made all 50 payments.
7. Minimum balances not affecting interest. Institutions may use the daily balance, average daily balance, or any other computation method to calculate minimum balance requirements not involving the payment of interestsuch as to compute minimum balances for assessing fees.
(b) Compounding and crediting policies 1. General. Institutions choosing to compound interest may compound or credit interest annually, semi-annually, quarterly, monthly, daily, continuously, or on any other basis.
2. Withdrawals prior to crediting date. If consumers withdraw funds (without closing the account) prior to a scheduled crediting date, institutions may delay paying the accrued interest on the withdrawn amount until the scheduled crediting date, but may not avoid paying interest.
3. Closed accounts. Subject to state or other law, an institution may choose not to pay accrued interest if consumers close an account prior to the date accrued interest is credited, as long as the institution has disclosed that fact.
(c) Date interest begins to accrue 1. Relation to Regulation CC. Institutions may rely on the Expedited Funds Availability Act (EFAA) and Regulation CC (12 CFR part 229) to determine, for example, when a deposit is considered made for purposes of interest accrual, or when interest need not be paid on funds because a deposited check is later returned unpaid.
2. Ledger and collected balances. Institutions may calculate interest by using a ledger or collected balance method, as long as the crediting requirements of the EFAA are met (12 CFR 229.14).
3. Withdrawal of principal. Institutions must accrue interest on funds until the funds are withdrawn from the account. For example, if a check is debited to an account on a Tuesday, the institution must accrue interest on those funds through Monday.
Section 230.8Advertising (a) Misleading or inaccurate advertisements 1. General. All advertisements are subject to the rule against misleading or inaccurate advertisements, even though the disclosures applicable to various media differ.
2. Indoor signs. An indoor sign advertising an annual percentage yield is not misleading or inaccurate when: i. For a tiered-rate account, it also provides the lower dollar amount of the tier corresponding to the advertised annual percentage yield ii. For a time account, it also provides the term required to obtain the advertised annual percentage yield 3. Fees affecting free accounts. For purposes of determining whether an account can be advertised as free or no cost, maintenance and activity fees include: i. Any fee imposed when a minimum balance requirement is not met, or when consumers exceed a specified number of transactions ii. Transaction and service fees that consumers reasonably expect to be imposed on a regular basis iii. A flat fee, such as a monthly service fee iv. Fees imposed to deposit, withdraw, or transfer funds, including per-check or per-transaction charges (for example, $.25 for each withdrawal, whether by check or in person) 4. Other fees. Examples of fees that are not maintenance or activity fees include: i. Fees not required to be disclosed under 230.4(b)(4) ii. Check printing fees iii. Balance inquiry fees iv. Stop-payment fees and fees associated with checks returned unpaid v. Fees assessed against a dormant account vi. Fees for ATM or electronic transfer services (such as preauthorized transfers or home banking services) not required to obtain an account 5. Similar terms. An advertisement may not use the term fees waived if a maintenance or activity fee may be imposed because it is similar to the terms free or no cost.
6. Specific account services. Institutions may advertise a specific account service or feature as free if no fee is imposed for that service or feature. For example, institutions offering an account that is free of deposit or withdrawal fees could advertise that fact, as long as the advertisement does not mislead consumers by implying that the account is free and that no other fee (a monthly service fee, for example) may be charged.
7. Free for limited time. If an account (or a specific account service) is free only for a limited period of timefor example, for one year following the account openingthe account (or service) may be advertised as free if the time period is also stated.
8. Conditions not related to deposit accounts. Institutions may advertise accounts as free for consumers meeting conditions not related to deposit accounts, such as the consumer's age. For example, institutions may advertise a NOW account as free for persons over 65 years old, even though a maintenance or activity fee is assessed on accounts held by consumers 65 or younger.
9. Electronic advertising. If an advertisement using electronic communication displays a triggering term (such as a bonus or annual percentage yield) the advertisement must clearly refer the consumer to the location where the additional required information begins. For example, an advertisement that includes a bonus or annual percentage yield may be accompanied by a link that directly takes the consumer to the additional information.
(b) Permissible rates 1. Tiered-rate accounts. An advertisement for a tiered-rate account that states an annual percentage yield must also state the annual percentage yield for each tier, along with corresponding minimum balance requirements. Any interest rates stated must appear in conjunction with the applicable annual percentage yields for each tier.
2. Stepped-rate accounts. An advertisement that states an interest rate for a stepped-rate account must state all the interest rates and the time period that each rate is in effect.
3. Representative examples. An advertisement that states an annual percentage yield for a given type of account (such as a time account for a specified term) need not state the annual percentage yield applicable to other time accounts offered by the institution or indicate that other maturity terms are available. In an advertisement stating that rates for an account may vary depending on the amount of the initial deposit or the term of a time account, institutions need not list each balance level and term offered. Instead, the advertisement may: i. Provide a representative example of the annual percentage yields offered, clearly described as such. For example, if an institution offers a $25 bonus on all time accounts and the annual percentage yield will vary depending on the term selected, the institution may provide a disclosure of the annual percentage yield as follows: For example, our 6-month certificate of deposit currently pays a 3.15% annual percentage yield.
ii. Indicate that various rates are available, such as by stating short-term and longer-term maturities along with the applicable annual percentage yields: We offer certificates of deposit with annual percentage yields that depend on the maturity you choose. For example, our one-month CD earns a 2.75% APY. Or, earn a 5.25% APY for a three-year CD.
4. Electronic communication. An interest rate may be stated only if it is provided in conjunction with, but not more conspicuously than, the annual percentage yield to which it relates. In an advertisement using electronic communication, the consumer must be able to view both rates simultaneously. This requirement is not satisfied if the consumer can view the annual percentage yield only by use of a link that connects the consumer to information appearing at another location.
(c) When additional disclosures are required 1. Trigger terms. The following are examples of information stated in advertisements that are not trigger terms: i. One, three, and five year CDs available ii. Bonus rates available iii. 1% over our current rates, so long as the rates are not determinable from the advertisement (c)(2) Time annual percentage yield is offered 1. Specified date. If an advertisement discloses an annual percentage yield as of a specified date, that date must be recent in relation to the publication or broadcast frequency of the media used, taking into account the particular circumstances or production deadlines involved.
For example, the printing date of a brochure printed once for a deposit account promotion that will be in effect for six months would be considered recent, even though rates change during the six-month period.
Rates published in a daily newspaper or on television must reflect rates offered shortly before (or on) the date the rates are published or broadcast.
2. Reference to date of publication. An advertisement may refer to the annual percentage yield as being accurate as of the date of publication, if the date is on the publication itself. For instance, an advertisement in a periodical may state that a rate is current through the date of this issue, if the periodical shows the date.
(c)(5) Effect of fees 1. Scope. This requirement applies only to maintenance or activity fees described in paragraph 8(a).
(c)(6) Features of time accounts (c)(6)(i) Time requirements 1. Club accounts. If a club account has a maturity date but the term may vary depending on when the account is opened, institutions may use a phrase such as: The maturity date of this club account is November 15; its term varies depending on when the account is opened.
(c)(6)(ii) Early withdrawal penalties 1. Discretionary penalties. Institutions imposing early withdrawal penalties on a case-by-case basis may disclose that they may (rather than will) impose a penalty if such a disclosure accurately describes the account terms.
(d) Bonuses 1. General reference to bonus. General statements such as bonus checking or get a bonus when you open a checking account do not trigger the bonus disclosures.
(e) Exemption for certain advertisements (e)(1) Certain media (e)(1)(i) 1. Internet advertisements. The exemption for advertisements made through broadcast or electronic media does not extend to advertisements made by electronic communication, such as advertisements posted on the Internet or sent by e-mail.
(e)(1)(iii) 1. Tiered-rate accounts. Solicitations for a tiered-rate account made through telephone response machines must provide the annual percentage yields and the balance requirements applicable to each tier.
(e)(2) Indoor signs (e)(2)(i) 1. General. Indoor signs include advertisements displayed on computer screens, banners, preprinted posters, and chalk or peg boards. Any advertisement inside the premises that can be retained by a consumer (such as a brochure or a printout from a computer) is not an indoor sign.
Section 230.9Enforcement and record retention (c) Record retention 1. Evidence of required actions. Institutions comply with the regulation by demonstrating that they have done the following: i. Established and maintained procedures for paying interest and providing timely disclosures as required by the regulation, and ii. Retained sample disclosures for each type of account offered to consumers, such as account-opening disclosures, copies of advertisements, and change-in-term notices; and information regarding the interest rates and annual percentage yields offered.
2. Methods of retaining evidence. Institutions must be able to reconstruct the required disclosures or other actions. They need not keep disclosures or other business records in hard copy. Records evidencing compliance may be retained on microfilm, microfiche, or by other methods that reproduce records accurately (including computer files).
3. Payment of interest. Institutions must retain sufficient rate and balance information to permit the verification of interest paid on an account, including the payment of interest on the full principal balance.
Section 230.10Electronic Communication (b) General Rule 1. Relationship to the E-Sign Act. The E-Sign Act authorizes the use of electronic disclosures. It does not affect any requirement imposed under this part other than a provision that requires disclosures to be in paper form, and it does not affect the content or timing of disclosures.
Electronic disclosures are subject to the regulation's format, timing, and retainability rules and the clear and conspicuous standard. For example, to satisfy the clear and conspicuous standard for disclosures, electronic disclosures must use visual text.
2. Clear and conspicuous standard. An institution must provide electronic disclosures using a clear and conspicuous format. Also, in accordance with the E-Sign Act: i. The institution must disclose the requirements for accessing and retaining disclosures in that format; ii. The consumer must demonstrate the ability to access the information electronically and affirmatively consent to electronic delivery; and iii. The institution must provide the disclosures in accordance with the specified requirements.
3. Timing and effective delivery. i. When a consumer opens an account on-line. When a consumer opens an account on-line, the consumer must be required to access the disclosures required under 230.4 before the account is opened or a service is provided, whichever is earlier. A link to the disclosures satisfies the timing rule if the consumer cannot bypass the disclosures before opening the account. Or the disclosures in this example must automatically appear on the screen, even if multiple screens are required to view the entire disclosure. The institution is not required to confirm that the consumer has read the disclosure.
ii. For disclosures provided periodically. Disclosures provided by mail are timely based on when the disclosures are sent. Disclosures posted at an Internet web site, such as periodic statements or change-in-terms and other notices, are timely when the institution has both made the disclosures available and sent a notice alerting consumer that the disclosures have been posted. For example, under 230.5, institutions must give advance notice to affected customers at least 30 calendar days in advance of certain changes. For a change in terms notice posted on the Internet, an institution must both post the notice and notify consumers of its availability at least 30 days in advance of the change.
4. Retainability of disclosures. Depository institutions satisfy the requirement that disclosures be in a form that the consumer may keep if electronic disclosures are delivered in a format that is capable of being retained (such as by printing or storing electronically). The format must also be consistent with the information required to be provided under 101(c)(1)(C)(i) of the E-Sign Act 15 U.S.C. 7001(c)(1)(C)(i)) about the hardware and software requirements for accessing and retaining electronic disclosures.
5. Disclosures provided on depository institution's equipment. A depository institution that controls the equipment providing electronic disclosures to consumers (for example, a computer terminal located in a depository institution's lobby or at a public kiosk) must ensure that the equipment satisfies the regulation's requirements to provide timely disclosures in a clear and conspicuous format and in a form that the consumer may keep. For example, if disclosures are required at the time of an on-line transaction, the disclosures must be sent to the consumer's e-mail address or must be posted at another location such as the institution's Internet web site, unless the institution provides a printer that automatically prints the disclosures.
(d) Address or Location To Receive Electronic Communication (d)(1) 1. Electronic address. A consumer's electronic address is an e-mail address that is not limited to receiving communications transmitted solely by the depository institution.
(d)(2) 1. Identifying account involved. A depository institution may identify a specific account in a variety of ways and is not required to identify an account by reference to the account number. For example, where the consumer has only one deposit account, and no confusion would result, the depository institution may refer to your deposit account. If the consumer has two accounts, the depository institution may, for example, differentiate accounts by using terms such as primary account and secondary account or by using a truncated account number.
2. 90-day rule. The actual disclosures provided to consumer must be available for at least 90 days, but the institution has discretion to determine whether they should be available at the same location for the entire period.
(e) Redelivery 1. E-mail returned as undeliverable. If an e-mail to the consumer (containing an alert notice or other disclosure) is returned as undeliverable, the redelivery requirement is satisfied if, for example, the depository institution sends the disclosure to a different e-mail address or postal address that the depository institution has on file for the consumer. Sending the disclosures a second time to the same electronic is not sufficient if the depository institution has a different address for the consumer on file.
Appendix A to Part 230Annual Percentage Yield Calculation Part I. Annual Percentage Yield for Account Disclosures and Advertising Purposes 1. Rounding for calculations. The following are examples of permissible rounding for calculating interest and the annual percentage yield: i. The daily rate applied to a balance carried to five or more decimal places ii. The daily interest earned carried to five or more decimal places Part II. Annual Percentage Yield Earned for Periodic Statements 1. Balance method. The interest figure used in the calculation of the annual percentage yield earned may be derived from the daily balance method or the average daily balance method. The balance used in the formula for the annual percentage yield earned is the sum of the balances for each day in the period divided by the number of days in the period.
2. Negative balances prohibited. Institutions must treat a negative account balance as zero to determine the balance on which the annual percentage yield earned is calculated. (See commentary to 230.7(a)(2).) A. General Formula 1. Accrued but uncredited interest. To calculate the annual percentage yield earned, accrued but uncredited interest: i. May not be included in the balance for statements issued at the same time or less frequently than the account's compounding and crediting frequency. For example, if monthly statements are sent for an account that compounds interest daily and credits interest monthly, the balance may not be increased each day to reflect the effect of daily compounding.
ii. Must be included in the balance for succeeding statements if a statement is issued more frequently than compounded interest is credited on an account. For example, if monthly statements are sent for an account that compounds interest daily and credits interest quarterly, the balance for the second monthly statement would include interest that had accrued for the prior month.
2. Rounding. The interest earned figure used to calculate the annual percentage yield earned must be rounded to two decimals and reflect the amount actually paid. For example, if the interest earned for a statement period is $20.074 and the institution pays the consumer $20.07, the institution must use $20.07 (not $20.074) to calculate the annual percentage yield earned. For accounts paying interest based on the daily balance method that compound and credit interest quarterly, and send monthly statements, the institution may, but need not, round accrued interest to two decimals for calculating the annual percentage yield earned on the first two monthly statements issued during the quarter. However, on the quarterly statement the interest earned figure must reflect the amount actually paid.
B. Special Formula for Use Where Periodic Statement is Sent More Often Than the Period for Which Interest is Compounded 1. Statements triggered by Regulation E. Institutions may, but need not, use this formula to calculate the annual percentage yield earned for accounts that receive quarterly statements and are subject to Regulation E's rule calling for monthly statements when an electronic fund transfer has occurred. They may do so even though no monthly statement was issued during a specific quarter. But institutions must use this formula for accounts that compound and credit interest quarterly and receive monthly statements that, while triggered by Regulation E, comply with the provisions of 230.6.
2. Days in compounding period. Institutions using the special annual percentage yield earned formula must use the actual number of days in the compounding period.
Appendix B to Part 230Model Clauses and Sample Forms 1. Modifications. Institutions that modify the model clauses will be deemed in compliance as long as they do not delete required information or rearrange the format in a way that affects the substance or clarity of the disclosures.
2. Format. Institutions may use inserts to a document (see Sample Form B4) or fill-in blanks (see Sample Forms B5, B6 and B7, which use underlining to indicate terms that have been filled in) to show current rates, fees, or other terms.
3. Disclosures for opening accounts. The sample forms illustrate the information that must be provided to consumers when an account is opened, as required by 230.4(a)(1). (See 230.4(a)(2), which states the requirements for disclosing the annual percentage yield, the interest rate, and the maturity of a time account in responding to a consumer's request.) 4. Compliance with Regulation E. Institutions may satisfy certain requirements under Regulation DD with disclosures that meet the requirements of Regulation E. (See 230.3(c).) For disclosures covered by both this regulation and Regulation E (such as the amount of fees for ATM usage, institutions should consult appendix A to Regulation E for appropriate model clauses.
5. Duplicate disclosures. If a requirement such as a minimum balance applies to more than one account term (to obtain a bonus and determine the annual percentage yield, for example), institutions need not repeat the requirement for each term, as long as it is clear which terms the requirement applies to.
6. Sample forms. The sample forms (B4 through B8) serve a purpose different from the model clauses. They illustrate ways of adapting the model clauses to specific accounts. The clauses shown relate only to the specific transactions described.
B1 Model Clauses for Account Disclosures B1(h) Disclosures Relating to Time Accounts 1. Maturity. The disclosure in Clause (h)(i) stating a specific date may be used in all cases. The statement describing a time period is appropriate only when providing disclosures in response to a consumer's request.
B2 Model Clauses for Change in Terms 1. General. The second clause, describing a future decrease in the interest rate and annual percentage yield, applies to fixed-rate accounts only.
B4 Sample Form (Multiple Accounts) 1. Rate sheet insert. In the rate sheet insert, the calculations of the annual percentage yield for the three-month and six-month certificates are based on 92 days and 181 days respectively. All calculations in the insert assume daily compounding.
B6 Sample Form (Tiered-Rate Money Market Account) 1. General. Sample Form B6 uses Tiering Method A (discussed in Appendix A and Clause (a)(iv)) to calculate interest. It gives a narrative description of a tiered-rate account; institutions may use different formats (for example, a chart similar to the one in Sample Form B4), as long as all required information for each tier is clearly presented. The form does not contain a separate disclosure of the minimum balance required to obtain the annual percentage yield; the tiered-rate disclosure provides that information.
[Reg. DD, 59 FR 40221, Aug. 8, 1994, as amended at 59 FR 52658, Oct. 19, 1994; 63 FR 52107, Sept. 29, 1998; 66 FR 17803, Apr. 4, 2001]
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- U.S. Code - Title 12: Banks and Banking - 12 USC 29 - Sec. 29. Power to hold real property
- U.S. Code - Title 15: Commerce and Trade - 15 USC 7001 - Sec. 7001. General rule of validity
- Code of Federal Regulations - Title 12: Banks and Banking - 12 CFR 217.2 - Definitions.
- Code of Federal Regulations - Title 12: Banks and Banking - 12 CFR 204.2 - Definitions.
- Code of Federal Regulations - Title 12: Banks and Banking - 12 CFR 205.2 - Definitions.
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