Most
state legislatures in the United States ban general corporations from accepting banker's deposits, which covers any service where a general corporation acts as a funds drawee that transfers current funds (i.e., credit payable upon demand) to make payments as a substitute for coins on behalf of an account holder. Historically, in some states, this ban did not extend to a sole proprietor acting as a banker. One argument for justifying the policy of requiring banking licenses under the
U.S. Constitution is that bankers credit sometimes interferes with the regulation of the value of coins, and therefore it is necessary and proper to make laws which regulate banking.
U.S. states tend to include a license to conduct the banking business as part of the standard terms of the corporate franchise in the state bank charters of incorporation. The license may be implied by a reference in the charter application to the bank being created "under" the state banking law. Federal depository institutions such as
National Banks, or
federally chartered credit unions derive their authority from federal statutory charter law. Opening or operating a bank also requires regulatory compliance, which may include
Federal Deposit Insurance Corporation (FDIC) approval for coverage and opening an account at a
Federal Reserve Bank (or otherwise establishing a facility to settle checks via settlement with Federal Reserve Bank issued credit). If a bank wishes to perform any substantial
fiduciary services, such as trust department services, or acting as a
securities holding
intermediary, then the bank must apply for an additional special license for trust powers. Depending on the specifics of the bank charter, these licenses are available variously from FDIC,
Federal Reserve Board of Governors, or state regulators. Another option for such a bank is to create a State-chartered Trust Company and hold it as a subsidiary corporation. == See also ==