Laws: Cases and Codes : U.S. Code : Title 12 : Section 4001


   
U.S. Code as of: 01/19/04
Section 4001. Definitions

      For purposes of this chapter - 
      (1) Account
        The term "account" means a demand deposit account or other
      similar transaction account at a depository institution.
      (2) Board
        The term "Board" means the Board of Governors of the Federal
      Reserve System.
      (3) Business day
        The term "business day" means any day other than a Saturday,
      Sunday, or legal holiday.
      (4) Cash
        The term "cash" means United States coins and currency,
      including Federal Reserve notes.
      (5) Cashier's check
        The term "cashier's check" means any check which - 
          (A) is drawn on a depository institution;
          (B) is signed by an officer or employee of such depository
        institution; and
          (C) is a direct obligation of such depository institution.
      (6) Certified check
        The term "certified check" means any check with respect to
      which a depository institution certifies that - 
          (A) the signature on the check is genuine; and
          (B) such depository institution has set aside funds which - 
            (i) are equal to the amount of the check; and
            (ii) will be used only to pay such check.
      (7) Check
        The term "check" means any negotiable demand draft drawn on or
      payable through an office of a depository institution located in
      the United States. Such term does not include noncash items.
      (8) Check clearinghouse association
        The term "check clearinghouse association" means any
      arrangement by which participant depository institutions exchange
      deposited checks on a local basis, including an entire
      metropolitan area, without using the check processing facilities
      of the Federal Reserve System.
      (9) Check processing region
        The term "check processing region" means the geographical area
      served by a Federal Reserve bank check processing center or such
      larger area as the Board may prescribe by regulations.
      (10) Consumer account
        The term "consumer account" means any account used primarily
      for personal, family, or household purposes.
      (11) Depository check
        The term "depository check" means any cashier's check,
      certified check, teller's check, and any other functionally
      equivalent instrument as determined by the Board.
      (12) Depository institution
        The term "depository institution" has the meaning given such
      term in clauses (i) through (vi) of section 461(b)(1)(A) of this
      title. Such term also includes an office, branch, or agency of a
      foreign bank located in the United States.
      (13) Local originating depository institution
        The term "local originating depository institution" means any
      originating depository institution which is located in the same
      check processing region as the receiving depository institution.
      (14) Noncash item
        The term "noncash item" means - 
          (A) a check or other demand item to which a passbook,
        certificate, or other document is attached;
          (B) a check or other demand item which is accompanied by
        special instructions, such as a request for special advise of
        payment or dishonor; or
          (C) any similar item which is otherwise classified as a
        noncash item in regulations of the Board.
      (15) Nonlocal originating depository institution
        The term "nonlocal originating depository institution" means
      any originating depository institution which is not a local
      depository institution.
      (16) Proprietary ATM
        The term "proprietary ATM" means an automated teller machine
      which is - 
          (A) located - 
            (i) at or adjacent to a branch of the receiving depository
          institution; or
            (ii) in close proximity, as defined by the Board, to a
          branch of the receiving depository institution; or

          (B) owned by, operated exclusively for, or operated by the
        receiving depository institution.
      (17) Originating depository institution
        The term "originating depository institution" means the branch
      of a depository institution on which a check is drawn.
      (18) Nonproprietary ATM
        The term "nonproprietary ATM" means an automated teller machine
      which is not a proprietary ATM.
      (19) Participant
        The term "participant" means a depository institution which - 
          (A) is located in the same geographic area as that served by
        a check clearinghouse association; and
          (B) exchanges checks through the check clearinghouse
        association, either directly or through an intermediary.
      (20) Receiving depository institution
        The term "receiving depository institution" means the branch of
      a depository institution or the proprietary ATM in which a check
      is first deposited.
      (21) State
        The term "State" means any State, the District of Columbia, the
      Commonwealth of Puerto Rico, or the Virgin Islands.
      (22) Teller's check
        The term "teller's check" means any check issued by a
      depository institution and drawn on another depository
      institution.
      (23) United States
        The term "United States" means the several States, the District
      of Columbia, the Commonwealth of Puerto Rico, and the Virgin
      Islands.
      (24) Unit of general local government
        The term "unit of general local government" means any city,
      county, town, township, parish, village, or other general purpose
      political subdivision of a State.
      (25) Wire transfer
        The term "wire transfer" has such meaning as the Board shall
      prescribe by regulations.



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