Title 12Banks and BankingRelease 119-73not60

§1829a Participation by State Nonmember Insured Banks in Lotteries and Related Activities

Title 12 › Chapter 16— FEDERAL DEPOSIT INSURANCE CORPORATION › § 1829a

Last updated Apr 3, 2026|Official source

Summary

State nonmember insured banks must not take part in or help run lotteries. They may not sell, handle, or otherwise deal with lottery tickets or bets that act like lotteries. They must not announce, advertise, or publicize that a lottery exists, or name any participant or winner. Banks also must not let anyone use any part of a bank office for those banned activities, and they must not give the public direct access from a bank office to a place where those activities happen. The law defines a few key words: "deal in" means doing things like creating, accepting, buying, selling, redeeming, or collecting. "Lottery" means a plan (except a savings promotion raffle) where three or more people put up money or credit so some—but not all—may win more than they paid, with winners picked by random draw, a game/race/contest, or by using event results that players can’t influence. "Lottery ticket" means any right or proof of a chance to win. "Savings promotion raffle" means a contest where the only cost to enter is putting a set amount into a savings account, every entry has an equal chance, and the contest follows rules set by the appropriate prudential regulator. Banks may still take deposits or cash checks and do other normal banking work for a State that runs a lottery or for its lottery officers. The Board of Directors must make rules needed to enforce these limits and stop people from getting around them.

Full Legal Text

Title 12, §1829a

Banks and Banking — Source: USLM XML via OLRC

(a)A State nonmember insured bank may not—
(1)deal in lottery tickets;
(2)deal in bets used as a means or substitute for participation in a lottery;
(3)announce, advertise, or publicize the existence of any lottery; or
(4)announce, advertise, or publicize the existence or identity of any participant or winner, as such, in a lottery.
(b)A State nonmember insured bank may not permit—
(1)the use of any part of any of its banking offices by any person for any purpose forbidden to the bank under subsection (a), or
(2)direct access by the public from any of its banking offices to any premises used by any person for any purpose forbidden to the bank under subsection (a).
(c)As used in this section—
(1)The term “deal in” includes making, taking, buying, selling, redeeming, or collecting.
(2)The term “lottery” includes any arrangement, other than a savings promotion raffle, whereby three or more persons (the “participants”) advance money or credit to another in exchange for the possibility or expectation that one or more but not all of the participants (the “winners”) will receive by reason of their advances more than the amounts they have advanced, the identity of the winners being determined by any means which includes—
(A)a random selection;
(B)a game, race, or contest; or
(C)any record or tabulation of the result of one or more events in which any participant has no interest except for its bearing upon the possibility that he may become a winner.
(3)The term “lottery ticket” includes any right, privilege, or possibility (and any ticket, receipt, record, or other evidence of any such right, privilege, or possibility), of becoming a winner in a lottery.
(4)The term “savings promotion raffle” means a contest in which the sole consideration required for a chance of winning designated prizes is obtained by the deposit of a specified amount of money in a savings account or other savings program, where each ticket or entry has an equal chance of being drawn, such contest being subject to regulations that may from time to time be promulgated by the appropriate prudential regulator (as defined in section 5481 of this title).
(d)Nothing contained in this section prohibits a State nonmember insured bank from accepting deposits or cashing or otherwise handling checks or other negotiable instruments, or performing other lawful banking services for a State operating a lottery, or for an officer or employee of that State who is charged with the administration of the lottery.
(e)The Board of Directors shall prescribe such regulations as may be necessary to the strict enforcement of this section and the prevention of evasions thereof.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2014—Subsec. (c)(2). Pub. L. 113–251, § 3(c)(1), inserted “, other than a savings promotion raffle,” before “whereby” in introductory provisions. Subsec. (c)(4). Pub. L. 113–251, § 3(c)(2), added par. (4). 1994—Subsec. (a)(3). Pub. L. 103–325 inserted “or” at end.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Apr. 1, 1968, see section 6 of Pub. L. 90–203, set out as a note under section 25a of this title.

Reference

Citations & Metadata

Citation

12 U.S.C. § 1829a

Title 12Banks and Banking

Last Updated

Apr 3, 2026

Release point: 119-73not60