Insured and Noninsured Deposits and Investments — Disclosures to Customers

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  1. Any state bank, or securities broker-dealer that offers both insured deposit accounts, including, but not limited to, insured management accounts or insured certificates of deposit, and noninsured investments shall in any advertisement, brochure, prospectus or other advertising statement and in documents opening a customer account provide the disclosures provided in subsection (b).
    1. The disclosure required in subsection (a) shall, with regard to the account or investment offering, indicate:
      1. In the case of a noninsured investment, the fact that the investment is not insured; and
      2. In the case of an insured deposit account or insured certificate of deposit, the fact that the deposit is insured. In addition, prior to the acceptance of a deposit or sale of a certificate of deposit, the bank or securities broker-dealer shall disclose the name of the insured institution where the deposit is or will be located if other than the institution accepting or selling the deposit.
    2. Compliance with the disclosure requirements of the federal deposit insurance corporation under 12 C.F.R. 337.4 (repealed) or 12 C.F.R. 328.0 et seq., applicable to the investments, insured deposits, or institutions, shall be deemed to comply with this section. This section shall not entitle any bank or securities broker-dealer to advertise that the institution is a federally insured institution in violation of applicable federal rules.


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