US State Code:United States CodeTITLE 12 - BANKS AND BANKING


There shall be in the Department of the Treasury a bureau charged with the execution of all laws passed by Congress relating to the issue and regulation of a national currency...


The Comptroller of the Currency shall be appointed by the President, by and with the advice and consent of the Senate, and shall hold his office for a term of five years...


The Comptroller of the Currency shall, within fifteen days from the time of notice of his appointment, take and subscribe the oath of office. ...


The Secretary of the Treasury shall appoint no more than four Deputy Comptrollers of the Currency, one of whom shall be designated First Deputy Comptroller of the Currency, and...


The Comptroller of the Currency may delegate to any duly authorized employee, representative, or agent any power vested in the office by law. ...


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The Comptroller of the Currency may designate a national bank examiner to act as chief of the examining division in his office. ...


The Comptroller of the Currency shall employ, from time to time, the necessary clerks, to be appointed and classified by the Secretary of the Treasury, to discharge such duties...


The Comptroller of the Currency is authorized to employ such additional examiners, clerks, and other employees as he deems necessary to carry out the provisions of sections 4, 6,...


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The salaries of the Deputy Comptrollers and of all national bank examiners and assistant examiners assigned to duty in the office of the bureau in Washington in connection with...


It shall not be lawful for the Comptroller or the Deputy Comptroller of the Currency, either directly or indirectly, to hold an interest in any national bank. ...


The seal devised by the Comptroller of the Currency for his office, and approved by the Secretary of the Treasury, shall continue to be the seal of office of the comptroller, and...


There shall be assigned, from time to time, to the Comptroller of the Currency, by the Secretary of the Treasury, suitable rooms in the Treasury Building for conducting the...


The Comptroller of the Currency shall make an annual report to Congress. The report required under this section shall include the report required under section 57a(f)(7) of...


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Associations for carrying on the business of banking under title 62 of the Revised Statutes may be formed by any number of natural persons, not less in any case than five. They...


Except as otherwise specifically provided by law, or by the articles of association of the particular national banking association, the articles of association of a national banking ...


The persons uniting to form such an association shall, under their hands, make an organization certificate, which shall specifically state: First. The name assumed by...


The organization certificate shall be acknowledged before a judge of some court of record, or notary public; and shall be, together with the acknowledgment thereof, authenticated...


Upon duly making and filing articles of association and an organization certificate a national banking association shall become, as from the date of the execution of its...


(a) Authorization to conduct in subsidiaries certain activities that are financial in nature (1) In general Subject to paragraph (2), a national bank may control a ...


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(a) Prohibited activities A national bank may not - (1) deal in lottery tickets; (2) deal in bets used as a means or substitute for participation in a lottery; ...


Whenever a certificate is transmitted to the Comptroller of the Currency, as provided in title 62 of the Revised Statutes, and the association transmitting the same notifies...


(a) If, upon a careful examination of the facts so reported, and of any other facts which may come to the knowledge of the comptroller, whether by means of a special...


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A national banking association may purchase, hold, and convey real estate for the following purposes, and for no others: First. Such as shall be necessary for its accommodation...


(a) Name change Any national banking association, upon written notice to the Comptroller of the Currency, may change its name, except that such new name shall include the...


All debts, liabilities, rights, provisions, and powers of the association under its old name shall devolve upon and inure to the association under its new name. ...


Nothing contained in sections 30 and 31 of this title shall be so construed as in any manner to release any national banking association under its old name or at its old location...


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Any bank incorporated by special law of any State or of the United States or organized under the general laws of any State or of the United States and having an unimpaired...


The conditions upon which a national banking association may retain or establish and operate a branch or branches are the following: (a) Lawful and continuous operation ...


The provisions of chapters 2, 3, and 4 of title 62 of the Revised Statutes, which are expressed without restrictive words, as applying to ''national banking associations,'' or to ...


The Act entitled ''An Act to provide a national currency secured by a pledge of United States bonds, and to provide for the circulation and redemption thereof,'' approved June...


Nothing in title 62 of the Revised Statutes shall affect any appointments made, acts done, or proceedings had or commenced prior to the third day of June 1864, in or toward...


The National Bank Act, as amended (12 U.S.C. 21 et seq.), and all other Acts of Congress relating to national banks, shall, insofar as not locally inapplicable after July 19,...


The National Bank Act (12 U.S.C. 21 et seq.), and all other Acts of Congress relating to national banks, shall, insofar as not locally inapplicable after August 1, 1956, apply...


The provisions of all Acts of Congress relating to national banks shall apply in the several States, the District of Columbia, the several Territories and possessions of the...


(a) Notice and opportunity for comment required Before issuing any opinion letter or interpretive rule, in response to a request or upon the agency's own motion, that ...


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Notwithstanding any other provision of law any national banking association may, with the approval of the Comptroller of the Currency and by vote of shareholders owning a majority...


(a) Notwithstanding any other provision of law, whether relating to restriction upon the payment of dividends upon capital stock or otherwise, the holders of such preferred...


If any part of the capital of a national bank, State member bank, or bank applying for membership in the Federal Reserve System consists of preferred stock, the determination...


The term ''common stock'' as used in sections 51a, 51b, 51c, and 51d (FOOTNOTE 1) of this title means stock of national banking associations other than preferred stock issued...


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The capital stock of each association shall be divided into shares of $100 each, or into shares of such less amount as may be provided in the articles of association, and be...


All of the capital stock of every national banking association shall be paid in before it shall be authorized to commence business. ...


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Every association which shall have failed to pay up its capital stock, as required by law, and every association whose capital stock shall have become impaired by losses or...


No association, or any member thereof, shall, during the time it shall continue its banking operations, withdraw, or permit to be withdrawn, either in the form of dividends...


Any national banking association may, with the approval of the Comptroller of the Currency, and by a vote of shareholders owning two-thirds of the stock of such associations,...


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Any association formed under title 62 of the Revised Statutes may, by the vote of shareholders owning two-thirds of its capital stock, reduce its capital to any sum not below...


(a) Periodic declaration; surplus fund The directors of any national banking association may, quarterly, semiannually or annually, declare a dividend of so much of the ...


In all elections of directors, each shareholder shall have the right to vote the number of shares owned by him for as many persons as there are directors to be elected, or to...


The president and cashier of every national banking association shall cause to be kept at all times a full and correct list of the names and residences of all the shareholders in...


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The additional liability imposed upon shareholders in national banking associations by the provisions of sections 63 and 64 of this title shall not apply with respect to shares in...


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Persons holding stock as executors, administrators, guardians, or trustees, shall not be personally subject to any liabilities as stockholders; but the estates and funds in...


Any receiver of a national banking association is authorized, with the approval of the Comptroller of the Currency and upon the order of a court of record of competent...


The affairs of each association shall be managed by not less than five directors, who shall be elected by the shareholders at a meeting to be held at any time before the...


After one year from June 16, 1933, notwithstanding any other provision of law, the board of directors, board of trustees, or other similar governing body of every national...


Every director must, during his whole term of service, be a citizen of the United States, and at least a majority of the directors must have resided in the State, Territory,...


Each director, when appointed or elected, shall take an oath that he will, so far as the duty devolves on him, diligently and honestly administer the affairs of such association,...


Any vacancy in the board shall be filled by appointment by the remaining directors, and any director so appointed shall hold his place until the next election. ...


When the day fixed in the bylaws for the regular annual meeting of the shareholders falls on a legal holiday in the State in which the bank is located, the shareholders meeting...


The president of the bank shall be a member of the board and shall be the chairman thereof, but the board may designate a director in lieu of the president to be chairman of...


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The general business of each national banking association shall be transacted in the place specified in its organization certificate and in the branch or branches, if any,...


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(a) General prohibition No national bank shall make any loan or discount on the security of the shares of its own capital stock. (b) Exclusion For purposes of this...


(a) Total loans and extensions of credit (1) The total loans and extensions of credit by a national banking association to a person outstanding at one time and not fully...


Any association may take, receive, reserve, and charge on any loan or discount made, or upon any notes, bills of exchange, or other evidences of debt, interest at the rate allowed...


The taking, receiving, reserving, or charging a rate of interest greater than is allowed by section 85 of this title, when knowingly done, shall be deemed a forfeiture of the...


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All national banking associations, designated for that purpose by the Secretary of the Treasury, shall be depositaries of public money, under such regulations as may be prescribed...


All transfers of the notes, bonds, bills of exchange, or other evidences of debt owing to any national banking association, or of deposits to its credit; all assignments of...


In addition to the powers now vested by law in national banking associations organized under the laws of the United States any such association located and doing business in any...


(a) Authority of Comptroller of the Currency The Comptroller of the Currency shall be authorized and empowered to grant by special permit to national banks applying therefor, ...


(a) Forfeiture of franchise; personal liability of directors If the directors of any national banking association shall knowingly violate, or knowingly permit any of the...


Except to the extent that authority to issue such rules and regulations has been expressly and exclusively granted to another regulatory agency, the Comptroller of the Currency...


Any action or proceeding against a national banking association for which the Federal Deposit Insurance Corporation has been appointed receiver, or against the Federal...


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(a) In order to provide for the safer and more effective operation of the national Banking System and the Federal Reserve System, to preserve for the people the full benefits of the ...


(1) During the time of war, the President may, through any agency that he may designate, and under such rules and regulations as he may prescribe, by means of instructions,...


The actions, regulations, rules, licenses, orders and proclamations heretofore or hereafter taken, promulgated, made, or issued by the President of the United States or the...


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Whenever any Federal Reserve bank notes or Federal Reserve notes are presented to the Treasurer of the United States for redemption and such notes cannot be identified as to the...


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Federal Reserve bank notes redeemed by the Treasurer of the United States under section 121a of this title shall be charged against the balance of deposits for the retirement...


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The cities of New York and Chicago are designated as central reserve cities, and the following cities are designated as reserve cities: ...


National banking associations located in reserve cities or central reserve cities shall maintain reserves provided for in section 462 of this title for banks so located. ...


Every national banking association located in Alaska or in a dependency or insular possession or any part of the United States outside of the continental United States, and not...


Four-fifths of the reserve of 15 per centum which a national bank located in a dependency or insular possession or any part of the United States outside of the continental...


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(a) Reports of condition; form; contents; date of making; publication Every association shall make reports of condition to the Comptroller of the Currency in accordance...


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(a) First tier Any association which - (1) maintains procedures reasonably adapted to avoid any inadvertent error and, unintentionally and as a result of such an ...


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The cost of transporting and redeeming outstanding national bank notes and Federal Reserve bank notes as may be presented to the Treasurer of the United States for redemption shall...


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Any association may go into liquidation and be closed by the vote of its shareholders owning two-thirds of its stock. If the liquidation is to be effected in whole or in part...


Whenever a vote is taken to go into liquidation it shall be the duty of the board of directors to cause notice of this fact to be certified, under the seal of the association, by...


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The Comptroller of the Currency may, without prior notice or hearings, appoint a receiver for any national bank (and such receiver shall be the Federal Deposit Insurance...


On becoming satisfied, as specified in sections 131 and 132 (FOOTNOTE 1) of this title, that any association is in default, the Comptroller of the Currency may forthwith appoint...


The Comptroller shall, upon appointing a receiver, cause notice to be given, by advertisement in such newspapers as he may direct, for three consecutive months, calling on all...


From time to time, the comptroller shall make a ratable dividend of the money so paid over to him by such receiver on all such claims as may have been proved to his satisfaction...


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All expenses of any preliminary or other examinations into the condition of any association shall be paid by such association. All expenses of any receivership shall be paid out...


(a) Whenever any national banking association shall have been or shall be placed in the hands of a receiver, as provided in section fifty-two hundred and thirty-four (12 U.S.C....


In any case in which, in the opinion of the Comptroller of the Currency, it would be to the advantage of the depositors and unsecured creditors of any national banking...


Whenever the receiver of any national bank duly appointed by the Comptroller of the Currency, and who shall have duly qualified and entered upon the discharge of his trust, shall...


Such request, if approved by the Comptroller of the Currency, shall be, together with the certificate of facts in the case, and his recommendation as to the amount of money which,...


Whenever any such request shall be allowed as hereinbefore provided, the said Comptroller of the Currency shall be, and is, empowered to draw upon and from such funds of any...


This subchapter may be cited as the ''Bank Conservation Act.'' ...


As used in this subchapter, the term ''bank'' means (1) any national banking association or any other financial institution chartered or licensed under Federal law and subject to...


(a) Appointment The Comptroller of the Currency may, without prior notice or hearings, appoint a conservator (which may be the Federal Deposit Insurance Corporation) to...


The Comptroller of the Currency (in consultation with the Board of Directors of the Federal Deposit Insurance Corporation when the Corporation is appointed conservator) is...


(a) General rule At any time the Comptroller (FOOTNOTE 1) becomes satisfied that it may safely be done and that it would be in the public interest, the Comptroller (with...


(a) General powers A conservator shall have all the powers of the shareholders, directors, and officers of the bank and may operate the bank in its own name unless the...


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(a) Federal agency and employees In any case in which the conservator is a Federal agency or an employee of the Government, the provisions of chapters 161 and 171 of title...


Nothing in this subchapter shall be construed to impair in any manner any powers of the President, the Secretary of the Treasury, the Comptroller of the Currency, or the Board...


(a) In general The Comptroller of the Currency may prescribe such rules and regulations as the Comptroller may deem necessary to carry out the provisions of this Act. ...


The right to alter, amend, or repeal this Act is expressly reserved. If any provision of this Act, or the application there of to any person or circumstances, is held invalid,...


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(a) As used in this subchapter and section 321 of this title the term ''State bank'' means any bank, banking association, trust company, savings bank (other than a mutual...


A national banking association may, by vote of the holders of at least two-thirds of each class of its capital stock, convert into, or merge or consolidate with, a State bank in...


The franchise of a national banking association as a national banking association shall automatically terminate when its conversion into or its merger or consolidation with a...


No conversion of a national banking association into a State bank or its merger or consolidation with a State bank shall take place under this subchapter and section 321 of this...


(a) In general Any national bank or any bank incorporated under the laws of any State may, with the approval of the Comptroller, be consolidated with one or more national...


(a) Approval of Comptroller, board and shareholders; merger agreement; notice; capital stock; liability of receiving association One or more national banking...


(a) In general A national bank may engage in a consolidation or merger under this subchapter with an out-of-State bank if the consolidation or merger is approved pursuant...


(a) In general A national bank may, with the approval of the Comptroller, pursuant to rules and regulations promulgated by the Comptroller, and upon the affirmative vote of...


(a) In general Upon the approval of the Comptroller, a national bank may merge with one or more of its nonbank subsidiaries or affiliates. (b) Scope Nothing in this...


As used in this subchapter, the term - (1) ''State bank'' means any bank, banking association, trust company, savings bank (other than a mutual savings bank), or ...


(a) In general Subject to sections 1815(d)(3) and 1828(c) of this title and all other applicable laws, any national bank may acquire or be acquired by any insured...


The purpose of this subchapter is to dispose of unclaimed property in the possession, custody, or control of the Comptroller of the Currency by - (1) providing final notice...


For purposes of this subchapter - (1) the term ''Comptroller'' means the Comptroller of the Currency; (2) the term ''unclaimed property'' means any articles, items, ...


(a) Limitations for filing claims; publication of notice in Federal Register; contents of notice; disclosure of descriptive information; inspection of specific property ...


The Comptroller may issue rules and regulations necessary or appropriate to carry out this subchapter. ...


If any provision of this subchapter or the application of such provision to any person or circumstance is held invalid, the remainder of this subchapter and the application of...


Wherever the word ''bank'' is used in this chapter, the word shall be held to include State bank, banking association, and trust company, except where national banks or...


As used in this chapter - (a) The terms ''banks'', ''national bank'', ''national banking association'', ''member bank'', ''board'', ''district'', and ''reserve bank'' shall...


The continental United States, excluding Alaska, shall be divided into not less than eight nor more than twelve districts. Such districts may be readjusted and new districts may...


A Federal reserve district shall contain only one Federal reserve city. ...


The organization of reserve districts and Federal reserve cities shall not be construed as changing the present status of reserve cities except insofar as this chapter changes...


A Federal reserve bank shall include in its title the name of the city in which it is situated, as ''Federal Reserve Bank of Chicago.'' ...


The Board of Governors of the Federal Reserve System and the Federal Open Market Committee shall maintain long run growth of the monetary and credit aggregates commensurate with...


(a) Appearances before the Congress (1) In general The Chairman of the Board shall appear before the Congress at semi-annual hearings, as specified in paragraph...


The short title of the Act of December 23, 1913, ch. 6, 38 Stat. 251, shall be the ''Federal Reserve Act.'' ...


The short title of the Act of June 16, 1933, ch. 89, 48 Stat. 162, shall be the ''Banking Act of 1933.'' ...


The act of August 23, 1935, ch. 614, 49 Stat. 684, may be cited as the ''Banking Act of 1935.'' ...


The Board of Governors of the Federal Reserve System (hereinafter referred to as the ''Board'') shall be composed of seven members, to be appointed by the President, by and with...


The members of the Board shall be ineligible during the time they are in office and for two years thereafter to hold any office, position, or employment in any member bank,...


The Board of Governors of the Federal Reserve System shall have power to levy semiannually upon the Federal reserve banks, in proportion to their capital stock and surplus,...


The principal offices of the Board shall be in the District of Columbia. At meetings of the Board the chairman shall preside, and, in his absence, the vice chairman shall preside....


The President shall have power to fill all vacancies that may happen on the Board of Governors of the Federal Reserve System during the recess of the Senate by granting...


Nothing in this chapter contained shall be construed as taking away any powers heretofore vested by law in the Secretary of the Treasury which relate to the supervision,...


The Board of Governors of the Federal Reserve System shall annually make a full report of its operations to the Speaker of the House of Representatives, who shall cause the same to...


The Board of Governors of the Federal Reserve System shall keep a complete record of the action taken by the Board and by the Federal Open Market Committee upon all questions...


The Board of Governors of the Federal Reserve System shall be authorized and empowered: (a) Examination of accounts and affairs of banks; publication of weekly...


The Board of Governors of the Federal Reserve System shall make and promulgate from time to time regulations governing the transfer of funds and charges therefor among Federal...


(a) Publication of pricing principles and proposed schedule of fees; effective date of schedule of fees Not later than the first day of the sixth month after March 31, ...


The Board shall order an annual independent audit of the financial statements of each Federal reserve bank and the Board. ...


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No officer or agency of the United States shall have any authority to require the Securities and Exchange Commission, the Board of Governors of the Federal Reserve System,...


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(a) Study (1) In general Not later than 12 months after September 30, 1996, and once every 60 months thereafter, the Board, in consultation with the Director of...


There is created a Federal Advisory Council, which shall consist of as many members as there are Federal reserve districts. Each Federal reserve bank by its board of directors...


The Federal Advisory Council shall have power, by itself or through its officers, (1) to confer directly with the Board of Governors of the Federal Reserve System on general...


(a) There is hereby created a Federal Open Market Committee (hereinafter referred to as the ''Committee''), which shall consist of the members of the Board of Governors of the...


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All insured banks designated for that purpose by the Secretary of the Treasury shall be depositaries of public money of the United States (including, without being limited...


Banks, savings banks, and savings and loan, building and loan, homestead associations (including cooperative banks), and credit unions created under the laws of any State and...


No Federal reserve bank shall commence business with a subscribed capital less than $4,000,000. ...


Every national banking association within each Federal reserve district shall be required to subscribe to the capital stock of the Federal reserve bank for that district in a...


No individual, copartnership, or corporation other than a member bank of its district shall be permitted to subscribe for or to hold at any time more than $25,000 par value of...


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Stock not held by member banks shall not be entitled to voting power. ...


The Board of Governors of the Federal Reserve System is empowered to adopt and promulgate rules and regulations governing the transfers of said stock. ...


The capital stock of each Federal reserve bank shall be divided into shares of $100 each. The outstanding capital stock shall be increased from time to time as member banks...


If any member bank shall be declared insolvent and a receiver appointed therefor, the stock held by it in said Federal reserve bank shall be canceled, without impairment of...


(a) Dividends and surplus funds of reserve banks (1) Stockholder dividends (A) In general After all necessary expenses of a Federal reserve bank have been...


The net earnings derived by the United States from Federal reserve banks shall, in the discretion of the Secretary, be used to supplement the gold reserve held against...


Every Federal reserve bank shall be conducted under the supervision and control of a board of directors. The board of directors shall perform the duties usually appertaining...


Such board of directors shall be selected as hereinafter specified and shall consist of nine members, holding office for three years, and divided into three classes, designated...


No Senator or Representative in Congress shall be a member of the Board of Governors of the Federal Reserve System or an officer or a director of a Federal reserve bank. ...


Directors of class A and class B shall be chosen in the following manner: The Board of Governors of the Federal Reserve System shall classify the member banks of the district...


Class C directors shall be appointed by the Board of Governors of the Federal Reserve System. They shall have been for at least two years residents of the district for which they...


Subject to the approval of the Board of Governors of the Federal Reserve System, the Federal reserve agent shall appoint one or more assistants. Such assistants, who shall be...


Directors of Federal reserve banks shall receive, in addition to any compensation otherwise provided, a reasonable allowance for necessary expenses in attending meetings of...


At the first meeting of the full board of directors of each Federal reserve bank, it shall be the duty of the directors of classes A, B, and C, respectively, to designate one of...


Any bank incorporated by special law of any State, or organized under the general laws of any State or of the United States, including Morris Plan banks and other...


In acting upon such applications the Board of Governors of the Federal Reserve System shall consider the financial condition of the applying bank, the general character of...


Whenever the Board of Governors of the Federal Reserve System shall permit the applying bank to become a stockholder in the Federal reserve bank of the district its stock...


All banks admitted to membership under authority of this section shall be required to comply with the reserve and capital requirements of this chapter, to conform to those...


As a condition of membership such banks shall likewise be subject to examinations made by direction of the Board of Governors of the Federal Reserve System or of the Federal...


Whenever the directors of the Federal reserve bank shall approve the examinations made by the State authorities, such examinations and the reports thereof may be accepted in lieu...


If at any time it shall appear to the Board of Governors of the Federal Reserve System that a member bank has failed to comply with the provisions of this subchapter, or...


Any State bank or trust company desiring to withdraw from membership in a Federal Reserve bank may do so, after six months' written notice shall have been filed with the Board...


No applying bank shall be admitted to membership unless it possesses capital stock and surplus which, in the judgment of the Board of Governors of the Federal Reserve System,...


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Banks becoming members of the Federal reserve system under authority of this subchapter shall be subject to the provisions of said sections and to those of this chapter which relate ...


It shall be unlawful for any officer, clerk, or agent of any bank admitted to membership under authority of this subchapter, to certify any check drawn upon such bank unless...


All banks or trust companies incorporated by special law or organized under the general laws of any State, which are members of the Federal reserve system, when designated for...


Any mutual savings bank having no capital stock (including any other banking institution the capital of which consists of weekly or other time deposits which are segregated from...


Each bank admitted to membership under this subchapter shall obtain from each of its affiliates other than member banks and furnish to the Federal reserve bank of its district and...


State member banks shall be subject to the same limitations and conditions with respect to the purchasing, selling, underwriting, and holding of investment securities and stock as...


After August 23, 1935, no certificate evidencing the stock of any State member bank shall bear any statement purporting to represent the stock of any other corporation, except...


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