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Legal Definitions - depository institution

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Definition of depository institution

A depository institution is a financial organization that is legally established and authorized to accept money deposits from the public. These institutions are closely regulated and overseen by government agencies to ensure the safety and protection of the funds deposited by their customers. This term primarily refers to entities like banks and credit unions, but can also include trust companies that manage assets for others, provided they meet the regulatory criteria, especially regarding deposit insurance.

Here are some examples:

  • Example 1: A Commercial Bank

    Sarah opens a checking account and a savings account at Citywide Bank, a large commercial bank. She regularly deposits her paycheck and saves money for a down payment on a house.

    This illustrates a depository institution because Citywide Bank is chartered under federal law, legally authorized to accept deposits from individuals like Sarah, and is subject to strict oversight and regular examinations by federal agencies such as the Federal Reserve and the FDIC (Federal Deposit Insurance Corporation). The FDIC insures Sarah's deposits up to a certain limit, providing protection for her money.

  • Example 2: A Community Credit Union

    Mark, a teacher, joins the Educators' Credit Union, which is specifically for employees in the education sector. He uses it for his primary banking needs, including direct deposit of his salary and a car loan.

    Educators' Credit Union functions as a depository institution. It is a member-owned financial cooperative, chartered under state law, that is authorized to accept deposits from its members. It is supervised by state regulators and its deposits are insured by the NCUA (National Credit Union Administration), a federal agency, ensuring the security of Mark's funds.

  • Example 3: A Specialized Trust Company

    The elderly Mr. Henderson establishes a living trust with Guardian Trust Company to manage his financial affairs and distribute assets to his heirs. As part of this arrangement, Guardian Trust Company holds certain estate funds in deposit accounts.

    Guardian Trust Company, in this context, acts as a depository institution because it is legally authorized to exercise fiduciary powers, including holding and managing funds in deposit accounts on behalf of its clients. It is regulated by state banking authorities, which oversee its operations to protect the assets entrusted to it, including the deposits it holds.

Simple Definition

A depository institution is an organization formed under state or federal law that is authorized to receive deposits. It is supervised and examined by a government agency to protect its depositors. This term also includes trust companies with fiduciary powers, but generally excludes other financial entities unless their deposits are federally insured.

The law is a jealous mistress, and requires a long and constant courtship.

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