12 U.S.C. § 3405
Administrative subpena and summons
United States · Title 12 — BANKS AND BANKING · Status: effective
Cite this
- Citation
- 12 U.S.C. § 3405, Administrative subpena and summons, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/438539
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Full text
A Government authority may obtain financial records under section 3402(2) of this title pursuant to an administrative subpena or summons otherwise authorized by law only if—
“Records or information concerning your transactions held by the financial institution named in the attached subpena or summons are being sought by this (agency or department) in accordance with the Right to Financial Privacy Act of 1978 [12 U.S.C. 3401 et seq.] for the following purpose: If you desire that such records or information not be made available, you must:
“1. Fill out the accompanying motion paper and sworn statement or write one of your own, stating that you are the customer whose records are being requested by the Government and either giving the reasons you believe that the records are not relevant to the legitimate law enforcement inquiry stated in this notice or any other legal basis for objecting to the release of the records.
“2. File the motion and statement by mailing or delivering them to the clerk of any one of the following United States district courts:
.
“3. Serve the Government authority requesting the records by mailing or delivering a copy of your motion and statement to .
“4. Be prepared to come to court and present your position in further detail.
“5. You do not need to have a lawyer, although you may wish to employ one to represent you and protect your rights.
Legislative history
The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone.
- Financial Institutions Regulatory and Interest Rate Control Act of 1978House: no recorded tallySenate: no recorded tally