Page:United States Statutes at Large Volume 74.djvu/586

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[74 Stat. 546]
PUBLIC LAW 86-000—MMMM. DD, 1960
[74 Stat. 546]

546

PUBLIC LAW 86-671-JULY 14, 1960

[74 S T A T.

Public Law 86-671 July 14, 1960 '• • 46 J

AN ACT jj^ provide for a simpler method of determining assessments under the Federal Deposit Insurance Act, and for other purposes.

Be it enacted by the Senate and House of Representatives of the Federal Deposit United States of America in Congress assembled, That subsection (1) ^eiid'ment.^ *"*' of section 3 of the Federal Deposit Insurance Act, as amended (12 64 Stat. 874. U.S.C. 1813 (1)), is amended to read as follows: " (1) The term 'deposit' means— " (1) the unpaid balance of money or its equivalent received or held by a bank in the usual course of business and for which it has given or is obligated to give credit, either conditionally or unconditionally, to a commercial, checking, savings, time, or thrift account, or which is evidenced by its certificate of deposit, or a check or draft drawn against a deposit account and certified by the bank, or a letter of credit or a traveler's check on which the bank is primarily liable: Provided, That, without limiting the generality of the term 'money or its equivalent', any such account or instrument must be regarded as evidencing the receipt of the equivalent of money when credited or issued in exchange for checks or drafts or for a promissory note upon which the person obtaining any such credit or instrument is primarily or secondarily liable, or for a charge against a deposit account, or in settlement of checks, drafts, or other instruments forwarded to such bank for collection, " (2) trust funds as defined in this Act received or held by such bank, whether held in the trust department or held or deposited in any other department of such bank, "(3) money received or held by a bank, or the credit given for money or its equivalent received or held by a bank, in the usual course of business for a special or specific purpose, regardless of the legal relationship thereby established, including without being limited to, escrow funds, funds held as security for an obligation due to the bank or others (including funds held as dealers reserves) or for securities loaned by the bank, funds deposited by a debtor to meet maturing obligations, funds deposited as advance payment on subscriptions to United States Government securities, funds held for distribution or purchase of securities, funds held to meet its acceptances or letters of credit, and withheld taxes: Provided, That there shall not be included funds which are received by the bank for immediate application to the reduction of an indebtedness to the receiving bank, or under condition that the receipt thereof immediately reduces or extinguishes such an indebtedness, "(4) outstanding draft (including advice or authorization to charge bank's balance in another bank), cashier's check, money order, or other officer's check issued in the usual course of business for any purpose, including without being limited to those issued in payment for services, dividends, or purchases, and "(5) such other obligations of a bank as the Board of Directors, after consultation with the Comptroller of the Currency and the Board of Governors of the Federal Reserve System, shall find and prescribe by regulation to be deposit liabilities by general usage: Provided further, That any obligation of a bank which is payable only at an office of the bank located outside of the States of the United States, the District of Columbia, Puerto Rico, Guam, and the Virgin Islands, shall not be a deposit for any of