Resources > Law & Business Guides > Banking & Finance

Banking

A bank is a commercial or state institution that provides financial services, including issuing money in various forms, receiving deposits of money, lending money and processing transactions and the creating of credit. A commercial bank accepts deposits from customers and in turn makes loans, even in excess of the deposits; a process known as fractional-reserve banking. Some banks (called Banks of issue) issue banknotes as legal tender. Many banks offer ancillary financial services to make additional profit; for example, most banks also rent safe deposit boxes in their branches.

Currently in most jurisdictions commercial banks are regulated and require permission to operate. Operational authority is granted by bank regulatory authorities which provides rights to conduct the most fundamental banking services such as accepting deposits and making loans. A commercial bank is usually defined as an institution that both accepts deposits and makes loans; there are also financial institutions that provide selected banking services without meeting the legal definition of a bank.

Banks have influenced economies and politics for centuries. Historically, the primary purpose of a bank was to provide loans to trading companies. Banks provided funds to allow businesses to purchase inventory, and collected those funds back with interest when the goods were sold. For centuries, the banking industry only dealt with businesses, not consumers. Commercial lending today is a very intense activity, with banks carefully analysing the financial condition of their business clients to determine the level of risk in each loan transaction. Banking services have expanded to include services directed at individuals, and risk in these much smaller transactions are pooled.

A bank generates a profit from the differential between the level of interest it pays for deposits and other sources of funds, and the level of interest it charges in its lending activities. This difference is referred to as the spread between the cost of funds and the loan interest rate. Historically, profitability from lending activities has been cyclic and dependent on the needs and strengths of loan customers. In recent history, investors have demanded a more stable revenue stream and banks have therefore placed more emphasis on transaction fees, primarily loan fees but also including service charges on array of deposit activities and ancillary services (international banking, foreign exchange, insurance, investments, wire transfers, etc.). However, lending activities still provide the bulk of a commercial bank's income.

Investment Banking

Investment banks help companies and governments and their agencies to raise money by issuing and selling securities in the primary market. They assist public and private corporations in raising funds in the capital markets (both equity and debt), as well as in providing strategic advisory services for mergers, acquisitions and other types of financial transactions.

Investment banks also act as intermediaries in trading for clients. Investment banks differ from commercial banks, which take deposits and make commercial and retail loans. In recent years, however, the lines between the two types of structures have blurred, especially as commercial banks have offered more investment banking services to becoming a one-stop service provider. In the US, the Glass-Steagall Act, initially created in the wake of the Stock Market Crash of 1929, prohibited banks from both accepting deposits and underwriting securities; Glass-Steagall was repealed by the Gramm-Leach-Bliley Act in 1999. Investment banks may also differ from brokerages, which in general assist in the purchase and sale of stocks, bonds, and mutual funds in the secondary market. However some firms operate as both brokerages and investment banks; this includes some of the best known financial services firms in the world.

In the strictest definition [citation needed], investment banking is the raising of funds, both in debt and equity, and the division handling this in an investment bank is often called the "Investment Banking Division" (IBD). However, only a few small firms provide only this service. Almost all investment banks are heavily involved in providing additional financial services for clients, such as the trading of derivatives, fixed income, foreign exchange, commodity, and equity securities. It is therefore acceptable to refer to both the "Investment Banking Division" and other 'front office' divisions such as "Fixed Income" as part of "investment banking," and any employee involved in either side as an "investment banker." Furthermore, one who engages in these activities in-house at a non-investment bank is also considered an investment banker.

Commercial Bank

A commercial bank is a type of financial intermediary and a type of bank. It is also the term used for a normal bank to distinguish it from an investment bank.  The term "commercial" was used to distinguish it from an investment bank. Since the two types of banks no longer have to be separate companies, some have used the term "commercial bank" to refer to banks which focus mainly on companies. After the great depression and the stock market crash of 1929, the U.S. Congress passed the Glass-Steagal Act 1930 (Khambata 1996) requiring that commercial banks only engage in banking activities (accepting deposits and making loans, as well as other fee based services), whereas investment banks were limited to capital markets activities. This separation is no longer mandatory.

A commercial bank raises funds by collecting deposits from businesses and consumers via checkable deposits, savings deposits, and time (or term) deposits. It makes loans to businesses and consumers. It also buys corporate bonds and government bonds. Its primary liabilities are deposits and primary assets are loans and bonds. Commercial banking can also refer to a bank or a division of a bank that mostly deals with deposits and loans from corporations or large businesses, as opposed to normal individual members of the public (retail banking).

<< Previous   1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10   Next >>

 
Table of Contents
Glossary
State Banking Regulators
Helpwithmybank.gov
Government Resources
International Banking
U.S. Finance & Banking Laws
  • 15 U.S.C. §1692-1692o Fair Debt Collection Practices Act.
  • 15 U.S.C. - Chapter 2D Investment Companies and Advisors.
  • 18 U.S.C. §1005 False Bank Entries.
  • 18 U.S.C. §1007 False Statement to FDIC.
  • 18 U.S.C. §1344 Bank Fraud.
  • 18 U.S.C. §1517 Obstructing Examination of Financial Institution.
  • 18 U.S.C. §1956-60 Money Laundering.
  • 18 U.S.C. §2113 Bank Robbery.
  • 18 U.S.C. §212-215 Bank Bribery.
  • 18 U.S.C. §656 Theft by Bank Officer or Employee.
  • 18 U.S.C. - Chapter 17 Coins and Currency.
  • 26 U.S.C. - Internal Revenue Code
  • 28 U.S.C. §1348 Banking Associations as Parties to Civil Litigation.
  • 31 U.S.C. - Chapter 53 Monetary Transactions.
  • 42 U.S.C. §4012a Flood Insurance Purchase and Compliance Requirements and Escrow Accounts.
  • 42 U.S.C. §4104a Notification of Special Flood Hazards.
  • U.S. Banking Code
    UCC - Negotiable Instruments
    UCC - Bank Deposits
    UCC - Fund Transfers