C.F.R. » Title 12 » CHAPTER I—COMPTROLLER OF THE CURRENCY, DEPARTMENT OF THE TREASURY › PART 21—MINIMUM SECURITY DEVICES AND PROCEDURES, REPORTS OF SUSPICIOUS ACTIVITIES, AND BANK SECRECY ACT COMPLIANCE PROGRAM › Subpart A—Minimum Security Devices and Procedures

12 C.F.R. § 21.1

Purpose and scope of subpart A of this part

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(a) This subpart is issued by the Comptroller of the Currency pursuant to section 3 of the Bank Protection Act of 1968 (12 U.S.C. 1882) and is applicable to all national banking associations. It requires each bank to adopt appropriate security procedures to discourage robberies, burglaries, and larcenies and to assist in identifying and apprehending persons who commit such acts.

(b) It is the responsibility of a bank's board of directors to comply with this regulation and ensure that a security program which equals or exceeds the standards prescribed by this part is developed and implemented for the bank's main office and branches (as the term “branch” is used in 12 U.S.C. 36).

[56 FR 29564, June 28, 1991, as amended at 73 FR 22244, Apr. 24, 2008]
Notes of Decisions
Cited in 6 cases, 1994–2014 · leading case: Wultz v. Bank of China Ltd., 61 F. Supp. 3d 272 (S.D.N.Y. 2013).
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Wultz v. Bank of China Ltd., 61 F. Supp. 3d 272 (S.D.N.Y. 2013). · cites it 3× “12 C.F.R. § 21.1 l(k)(l)(i) (emphasis added).”
Deese v. NationsBank of Georgia, N.A., 474 S.E.2d 18 (Ga. Ct. App. 1996). · cites it 4× “The security programs must establish procedures for opening the bank for business, training the employees in their responsibilities under the security program during a robbery, and selecting and maintaining security devices.”
Cotton v. PrivateBank & Trust Co., 235 F. Supp. 2d 809 (N.D. Ill. 2002). “18 (e) (2002); 12 C.F.R. § 21.1 l(k). Furthermore, that identical language appears in the regulation promulgated by the OTS.”
United States v. Sheila Lou Garlock, Now Known as Sheila Lou Vorba, 19 F.3d 441 (8th Cir. 1994). “12 C.F.R. § 21.1 . Contrary to Garlock’s argument, this section does not require bank investigators to use every available means, including those denied by the Constitution to government actors, to investigate a suspected crime.”
Regions Bank v. Allen, 33 So. 3d 72 (Fla. 5th DCA 2010). “12 C.F.R. § 21.1 l(k) applies to national banks: Confidentiality of SARs.”
Lesti v. Wells Fargo Bank NA, 297 F.R.D. 665 (M.D. Fla. 2014). “, quoting 12 C.F.R. § 21.1 (k) (2005) (internal quotation marks omitted).”
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