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Garn-St. Germain Depository Institutions Act

Definition

The Garn-St. Germain Depository Institutions Act, passed in 1982 in the United States, is a federal law aimed at deregulating savings and loan associations and banks. The act sought to improve the financial stability of these institutions by increasing competition, removing interest rate ceilings, and expanding investment options. As a result, depository institutions were able to offer adjustable-rate mortgage loans and other innovative financial products.

Phonetic

The phonetics of the keyword “Garn-St. Germain Depository Institutions Act” can be broken down as follows:Garn: /ɡɑrn/St.: /seɪnt/Germain: /ʒɚˈmeɪn/Depository: /dɪˈpɒzɪtɔri/Institutions: /ˌɪnstɪˈtuʃənz/Act: /ækt/Putting it together, the phonetic pronunciation of the entire phrase is:/ˈɡɑrn-seɪnt ʒɚˈmeɪn dɪˈpɒzɪtɔri ˌɪnstɪˈtuʃənz ækt/

Key Takeaways

  1. The Garn-St. Germain Depository Institutions Act of 1982 was enacted to address the savings and loan crisis in the United States, primarily by deregulating thrift institutions and helping them return to profitability. The act increased the powers and flexibility of thrifts, allowing them to offer a broader range of services and compete more effectively with other financial institutions.
  2. The act included several significant provisions, such as eliminating interest rate ceilings on deposit accounts, permitting adjustable-rate mortgage loans, and creating new types of accounts like money market accounts. This allowed thrift institutions to adjust their strategies to be more competitive and attract more customers, as well as help stabilize the financial industry during the crisis.
  3. While the Garn-St. Germain Depository Institutions Act aimed to improve the financial health of the industry, it also contributed to the eventual collapse of many savings and loan institutions, partly due to the loosening of regulations and increased risk-taking by these institutions. The Act, combined with other factors, eventually led to the savings and loan crisis of the late 1980s and early 1990s, which required a government bailout and extensive restructuring.

Importance

The Garn-St. Germain Depository Institutions Act is significant in the realm of business and finance as it was a critical piece of legislation enacted in 1982 aimed at addressing the challenges faced by banks and savings and loan institutions in the United States. This Act introduced several measures to stabilize and reform the financial industry, including the deregulation of interest rates, the expansion of deposit insurance, and the authorization for savings and loans institutions to offer a broader range of services. As a result, it is credited with promoting competition among banks, fostering growth and innovation, and laying the groundwork for the modern financial landscape. However, some also argue that the Act inadvertently contributed to the Savings and Loan crisis of the late 1980s and early 1990s by easing regulatory restrictions and encouraging riskier lending practices.

Explanation

The primary purpose of the Garn-St. Germain Depository Institutions Act of 1982 is to strengthen the stability and flexibility of the United States financial system. This act aimed to address the challenges faced by savings and loan associations, which were grappling with high inflation rates, a series of collapses, and rigid regulations of the time. The act seeks to provide relief to these institutions by introducing several reforms while still maintaining necessary regulations to protect consumers and promote sound financial practices. The crux of these reforms lay in easing the restrictions on loan underwriting, allowing for more diverse loan offerings, and providing the institutions with the capacity to better manage their risks in a constantly evolving economic environment.

Besides acting as a lifeline for struggling financial institutions during the 1980s, the Garn-St. Germain Depository Institutions Act, as a piece of legislation, has wider implications in the finance world. For instance, as part of its numerous provisions, the act raises deposit insurance limits, allows for adjustable-rate mortgage loans, and eases restrictions on the types of investments that thrift institutions can partake in. Additionally, the act allows for greater interstate banking, which resulted in a wave of consolidation and growth within the financial industry. The act is considered a significant milestone in the deregulation of the United States financial market, as it helped pave the way for modern banking practices.

However, it has also been subject to criticism due to concerns that it contributed to the savings and loan crisis in the 1980s and enabled risky speculative ventures that led to significant losses and subsequent government intervention.

Examples

The Garn-St. Germain Depository Institutions Act of 1982 is a significant piece of legislation that impacted the U.S. banking and financial sector. Here are three real-world examples that demonstrate the effects of this Act:

1. Expansion of Adjustable Rate Mortgages (ARMs): The Act allowed for the development and expansion of Adjustable Rate Mortgages (ARMs) in the United States. Before the Act, most mortgages were fixed rate, resulting in limited options for mortgage borrowers. The introduction of ARMs provided home buyers with more flexibility in their mortgage choices and helped them to manage their monthly payments in a way that best suited their financial needs. This change increased the availability of mortgage loans and opened up more opportunities for home ownership.

2. Savings and Loan Crisis: The Act played a significant role in the Savings and Loan (S&L) crisis of the 1980s. The deregulation permitted by the Act allowed S&Ls to expand their activities, such as investing in risky ventures like commercial real estate. This ultimately led to widespread failures of S&Ls, culminating in the need for a government bailout that cost taxpayers billions of dollars. Even though the Garn-St. Germain Act was not the sole cause of the crisis, many argue that it played a significant role in enabling the reckless behavior that led to the collapse of numerous financial institutions.

3. ‘Due-on-Sale’ clause enforcement: Before the Garn-St. Germain Act, courts had been increasingly ruling against the enforceability of “due-on-sale” clauses, which are provisions in mortgage contracts that require the loan to be repaid in full upon the sale of the property. The Act made these clauses federally enforceable, preventing borrowers from assuming existing mortgages when purchasing a property. This change helped protect lenders from the risk of having borrowers with less favorable credit profiles taking over existing loans. As a result, assumptions of mortgages became less common, and home sellers needed to find alternative methods, such as seller financing, to facilitate transactions.

These examples show how the Garn-St. Germain Depository Institutions Act of 1982 affected various aspects of the U.S. financial sector, from increasing mortgage options to playing a role in a major financial crisis, and impacting property sales and mortgage assumptions.

Frequently Asked Questions(FAQ)

What is the Garn-St. Germain Depository Institutions Act?

The Garn-St. Germain Depository Institutions Act is a federal law enacted in 1982 that significantly altered the regulatory environment for depository institutions, including savings and loan associations, commercial banks, and thrifts. The act is titled after its main sponsors, Senator Jake Garn and Congressman Fernand St. Germain.

What was the purpose of the Garn-St. Germain Act?

The main purpose of the act was to address issues within the savings and loan industry, stimulate competition among banks, and assist struggling depository institutions. The act aimed to achieve these goals by deregulating the banking industry and allowing financial institutions greater flexibility in their operations, investment practices, and interest rates.

What were some of the key provisions of the Garn-St. Germain Act?

Key provisions of the act included:1. Eliminating interest rate ceilings on deposits, which allowed banks to more competitively attract customers.2. Permitting the establishment of money market accounts, which provided greater investment opportunities for banks and their customers.3. Allowing federally chartered savings and loans to offer adjustable-rate mortgages, providing more options and flexibility for homebuyers.4. Expanding the lending powers of thrift institutions, which enabled them to make commercial and consumer loans.5. Providing broader powers to regulatory authorities for resolving financially troubled depository institutions to protect taxpayers and bank customers.

How did the Garn-St. Germain Act impact the financial industry?

The Garn-St. Germain Act led to increased competition among banks and other financial institutions, spurred innovation in the industry, and allowed depository institutions to offer a wider variety of services to their customers. However, the deregulation also contributed to the savings and loan crisis of the 1980s, as many institutions engaged in risky lending and investment practices that ultimately led to their failures.

What was the savings and loan crisis, and how did the Garn-St. Germain Act contribute to it?

The savings and loan crisis of the 1980s was a period marked by numerous failures of savings and loan associations primarily due to risky lending and investment practices. The Garn-St. Germain Act contributed to the crisis by deregulating the industry and providing greater lending powers to these institutions, which some argue led to an environment that fostered mismanagement and poor business decisions.

Has the Garn-St. Germain Act been modified or replaced since it was enacted?

While the Garn-St. Germain Act has not been directly replaced, subsequent legislation relating to financial regulations has addressed some of the act’s provisions. Notably, the Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA) of 1989 established new capital requirements for savings and loan associations and implemented stricter regulatory oversight in response to the savings and loan crisis. Additionally, the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 introduced further financial reforms and regulations in the wake of the 2008 financial crisis.

Related Finance Terms

  • Deregulation of Savings and Loans
  • Federal Home Loan Bank Board
  • Adjustable-Rate Mortgages (ARMs)
  • Due-on-sale clauses
  • Bank failures and thrift crisis

Sources for More Information

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