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Understanding Management Official [Banks & Banking]: Roles and Definitions
Definition & Meaning
The term management official refers to individuals within a banking institution who hold positions of authority or responsibility. This includes employees or officers with management duties, directors (including advisory or honorary directors in certain cases), and trustees of organizations under trustee control. Additionally, it encompasses anyone who has a representative or nominee in such roles. However, specific exemptions exist for individuals associated with state-chartered savings banks or cooperative banks, particularly if they are authorized to serve in similar capacities at trust companies that do not engage in certain types of lending or deposit activities.
Table of content
Legal Use & context
The term management official is commonly used in the context of banking and finance law. It is relevant in areas such as corporate governance, regulatory compliance, and financial institution management. Understanding who qualifies as a management official is crucial for compliance with various regulations, including those governing interlocks between institutions. Users may find templates and forms on platforms like US Legal Forms that assist in addressing issues related to management officials.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A bank's executive vice president who oversees daily operations qualifies as a management official because they hold a management position.
Example 2: A director of a credit union who participates in decision-making processes is also considered a management official. (hypothetical example)
Relevant laws & statutes
The primary legal reference for the term management official is found in 12 USCS § 3201 (4), which defines the roles and responsibilities associated with management officials in banking institutions. Other relevant regulations may include those related to corporate governance and financial oversight.
State-by-state differences
State
Key Differences
California
Specific regulations may define additional roles for management officials in state-chartered banks.
New York
State laws may impose stricter requirements for management officials in financial institutions.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Difference
Director
A member of the board of an organization.
Directors are a subset of management officials.
Trustee
An individual or organization that holds and manages assets for the benefit of another.
Trustees may also be management officials but have specific fiduciary duties.
Common misunderstandings
What to do if this term applies to you
If you believe you qualify as a management official or are involved with one, it is important to understand the implications of this designation. You may want to consult legal resources or templates available on US Legal Forms to ensure compliance with relevant regulations. If your situation is complex, consider seeking professional legal advice.
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