Document Type
Article
Publication Date
8-2022
Abstract
Banking organizations in the United States have long been subject to two broad categories of regulatory requirements. The first is permissive: a “positive” grant of rights and privileges, typically via a charter for a corporate entity, to engage in the business of banking. The second is restrictive: a “negative” set of conditions on those rights and privileges, limiting conduct and imposing a program of oversight and enforcement, by which the holder of that charter must abide. Together, these requirements form a legal cordon, or “regulatory perimeter,” around the U.S. banking sector.
Recommended Citation
Di Lucido, Katherine, Nicholas Kean Tabor, and Jeffery Yufeng Zhang. "Fenceposts Without a Fence." Vanderbilt Law Review 76, no. 4 (2023): 1215-1264.
Included in
Antitrust and Trade Regulation Commons, Banking and Finance Law Commons, International Trade Law Commons
Comments
Originally published as Di Lucido, Katherine, Nicholas Kean Tabor, and Jeffery Yufeng Zhang. "Fenceposts Without a Fence." Vanderbilt Law Review 76, no. 4 (2023): 1215-1264.