Imagens da página
PDF
ePub

106,

13

2;

SEAL OF COMPTROLLER OF THE CURRENCY.

8. Sec. 330 [as amended 1875].—The seal devised by the Act June 8 Comptroller of the Currency for his office, and approved sec. by the Secretary of the Treasury, shall continue to be stat. L., 100. the seal of office of the Comptroller, and may be renewed 1878, c. 80: 18 when necessary. A description of the seal, with an im- Stat. L, 317. pression thereof, and a certificate of approval by the Secretary of the Treasury, shall be filed in the office of the Secretary of State.

ROOMS, VAULTS, AND FURNITURE FOR CURRENCY

BUREAU. 9. Sec. 331.—There shall be assigned, from time to time, Act June

106, to the Comptroller of the Currency, by the Secretary of sec, 3; 18 the Treasury, suitable rooms in the Treasury building for Stat. L., 100. conducting the business of the Currency Bureau, containing safe and secure fireproof vaults, in which the Comptroller shall deposit and safely keep all the plates not necessarily in the possession of engravers or printers, and other valuable things belonging to his department; and the Comptroller shall from time to time furnish the necessary furniture, stationery, fuel, lights, and other proper conveniences for the transaction of the business of his office.

10. Sec. 332.Refers entirely to banks other than national in the District of Columbia and is incorporated in section 714 of the Code of the District of Columbia and has been repeatedly amended. See said section 714, page 113, post. REPORT OF COMPTROLLER.

11. Sec. 333 [as amended 1875).—The Comptroller of the Currency shall make an annual report to Congress, at the commencement of its session, exhibiting..

First. A summary of the state and condition of every Act June 8, association from which reports have been received the 13 preceding year, at the several dates to which such reports 11 Act Feb. 19, refer, with an abstract of the whole amount of banking 1873, sec. 11 capital returned by them, of the whole amount of their 466. debts and liabilities, the amount of circulating notes out

Act Feb. 18, standing, and the total amount of means and resources, 182 stat. Ly specifying the amount of lawful money held by them at the times of their several returns, and such other information in relation to such associations as in his judgment may be useful.

Second. A statement of the associations whose business has been closed during the year, with the amount of their circulation redeemed and the amount outstanding.

Third. Any amendment to the laws relative to banking by which the system may be improved and the security of the holders of its notes and other creditors may be increased.

Fourth. A statement exhibiting under appropriate heads the resources and liabilities and condition of the

1864, Sec. 61 ;

Stat. Les

80;

1875, C. 317.

L., 138.

banks, banking companies, and savings banks organized under the laws of the several States and Territories; such information to be obtained by the Comptroller from the reports made by such banks, banking companies, and savings banks to the legislatures or officers of the different States and Territories, and, where such reports can not be obtained, the deficiency to be supplied from such other authentic sources as may be available.

Fifth. The names and compensation of the clerks em-
ployed by him, and the whole amount of the expenses of
the banking department during the year.
COMPTROLLER TO GIVE COMPLETE LIST OF ALL EM.

PLOYEES OF THE OFFICE, INFORMATION ABOUT
FAILED BANKS, EMPLOYEES, UNDER RECEIVERS,

ETC. ACT APRIL 28, 1902. Act April 28, 12.—Provided, That for the fiscal year of nineteen hun1902, legisla dred and two and thereafter, a full and complete list of tive, executive, and judicial all officers, agents, clerks, and other employees of the act 32 stat. office of the Comptroller of the Currency, including bank

examiners, receivers and attorneys for receivers, and
clerks employed by such examiners and receivers, or any
other person connected with the work of said office in
Washington or elsewhere, whose salary or compensation
is paid from the Treasury of the United States or as-
sessed against or collected from existing or failed banks
under their supervision or control, shall be transmitted to
the Secretary of the Interior in accordance with the pro-
visions of an Act of Congress approved January twelfth,
eighteen hundred and eighty-five, relating to the Official
Register: And provided further, That the Comptroller of
the Currency is hereby directed to include in his Annual
Report to the Speaker of the House of Representatives,
expenses incurred during each year, in liquidation of each
failed national bank separately.
NUMBER OF COPIES OF REPORT TO BE PRINTED. ACT

OF JANUARY 12, 1895.
13. Sec. 73.-*

There shall be printed of the an-
L; nual report of the Comptroller of the Currency, ten thou-

sand copies; one thousand for the Senate, two thousand
for the House, and seven thousand for distribution by the
Comptroller of the Currency.
THREE THOUSAND ADDITIONAL COPIES AUTHORIZED TO

BE PRINTED. JOINT RESOLUTION NO. 25, MARCH
4, 1907.

14.- That section 73 of an act“ Providing for the pub1007 ; ma estat: lic printing and binding, and the distribution of public L., 1245.

documents," approved January 12, 1895, be, and the same is hereby, so amended as to authorize the printing annually hereafter of ten thousand copies of the annual report of the Comptroller of the Currency, for distribution by the Comptroller of the Currency, instead of seven thousand copies as heretofore.

*

Act Jan. 12,

28 Stat. 616.

A. J. Res.

CHAPTER II.

ORGANIZATION AND POWERS.

15. Act June 20, 1874. The national- 32. Act April 12, 1902. Re-extension of bank act.

corporate existence. 16. 5133. Formation of national bank- 33. 5137. Power to hold real property. ing associations.

34. 5138. Requisite amount of capital. 17. 5134. Requisites of organization 35. 5139. Shares of stock and transcertificate.

fers. 18. 5135. How certificate shall be ac- 36. 5140. How payment of capital stock knowledged and filed.

must be made and certified. 19. 5136. Corporate powers of associa- | 37. 5141. Proceedings if shareholder tion.

fails to pay installments. 20. Act May 1, 1886. Section 1 relates 38. 5142. National banks may increase to increase of capital stock

capital stock. and is inserted after sec- 39. Act May 1, 1886. Increase of caption 5142.

ital stock. 21. Act May 1, 1886. May change name 40. 5143. Reduction of capital stock. and location.

41. 5144. Right of shareholders to 22. Act May 1, 1886. Debts not af

vote. Proxies authorized. fected by change.

42. 5145. Election of directors. 23. Act May 1, 1886. No release from 43. 5146. Requisite qualification of di. liabilities.

rectors. 24. Act August 13, 1888. National | 44. 5147. Oath required from directors.

banks deemed citizens of 45. 5148. Filling vacancies.

states in which located. 46. 5149. Proceedings where no elec25. Act July 12, 1882. Extension of cor

tion is held on the proper porate existence.

day. 26. Act of July 12, 1882. Consent of 47. 5150. Election of president of the two-thirds necessary.

board. 27. Act July 12, 1882. Special exami- 48. 5151. Individual liability of sharenation of bank and issue of

holders. certificate of approval by 49. 5152. Executors, trustees, etc., not Comptroller.

personally liable. 28. Act of July 12, 1882. Status not 50. 5153. National banking associachanged by extension. Ju

tions to be depositaries of risdiction of suits by or

public moneys. against national banks. 51. Act May 30, 1908. Interest on pub29. Act July 12, 1882. Dissenting

lic deposits. shareholders may withdraw. 52. 5154. Conversion of state banks 30. Act July 12, 1882. Redemption of

into national banking associrculating notes issued

ciations. prior to extension.

53. 5155. State banks having branches. 31. Act July 12, 1882. Dissolution of 54. 5156. Reservation of rights of asbanks not extending period

sociations organized under of succession.

act of 1863.

Act June 20,

THE NATIONAL BANK ACT. ACT JUNE 20, 1874.
15. Sec. 1.-An act entitled “An act to provide a na-

1874, c. tional currency secured by a pledge of United States sed i: 18 bonds, and to provide for the circulation and redemption Stat. L., 123. thereof," approved June 3, 1864, shall hereafter be known as “ the national-bank act."

13

[ocr errors]

bec.

Act June 3, 1864, C. 106,

FORMATION OF NATIONAL BANKING ASSOCIATIONS. Act June 3, 1864,

16. Sec. 5133.- Associations for carrying on the busi106,

8; 13 ness of banking under this Title may be formed by any Stat. L., 100.

number of natural persons, not less in any case than five.
They shall enter into articles of association, which shall
specify in general terms the object for which the associa-
tion is formed, and may contain any other provisions,
not inconsistent with law, which the association may see
fit to adopt for the regulation of its business and the con-
duct of its affairs. These articles shall be signed by the
persons uniting to form the association, and a copy of
them shall be forwarded to the Comptroller of the Cur-
rency, to be filed and preserved in his office.
REQUISITES OF ORGANIZATION CERTIFICATE.

17. Sec. 5134.—The persons uniting to form such an asleo 8 18 sociation shall, under their hands, make an organization stat. L., 101. certificate, which shall specifically state:

First. The name assumed by such association; which name shall be subject to the approval of the Comptroller of the Currency.

Second. The place where its operations of discount and deposit are to be carried on, designating the State, Territory, or district, and the particular county and city, town, or village.

Third. The amount of capital stock and the number of shares into which the same is to be divided.

Fourth. The names and places of residence of the shareholders and the number of shares held by each of them.

Fifth. The fact that the certificate is made to enable such persons to avail themselves of the advantages of this Title.

NOTE.—For authority to change names or locations see act May 1, 1886, following section 5136. HOW CERTIFICATE SHALL BE ACKNOWLEDGED AND

FILED. Act June 3, 18. Sec. 5135.—The organization certificate shall be ac

, 106, sec: 8; 13 knowledged before a judge of some court of record, or Stat. L, 101.

notary public; and shall be, together with the acknowledgment thereof, authenticated by the seal of such court, or notary, transmitted to the Comptroller of the Currency, who shall record and carefully preserve the same in his office.

CORPORATE POWERS OF ASSOCIATION. Act June 3,

19. Sec. 5136.—Upon duly making and filing articles of 1864, c. , sec! 8; 13 association and an organization certificate, the associaStat. L., 101. tion shall become, as from the date of the execution of its

organization certificate, a body corporate, and as such, and in the name designated in the organization certificate, it shall have power

First. To adopt and use a corporate seal.

Second. To have succession for the period of twenty years from its organization, unless it is sooner dissolved according to the provisions of its articles of association, or by the act of its shareholders owning two-thirds of its stock, or unless its franchise becomes forfeited by some violation of law.

Tl.ird. To make contracts.

Fourth. To sue and be sued, complain and defend, in any court of law and equity, as fully as natural persons.

Fifth. To elect or appoint directors, and by its board of directors to appoint a president, vice-president, cashier, and other officers, define their duties, require bonds of them and fix the penalty thereof, dismiss such officers or any of them at pleasure, and appoint others to fill their places.

Sixth. To prescribe, by its board of directors, by-laws not inconsistent with law, regulating the manner in which its stock shall be transferred, its directors elected or appointed, its officers appointed, its property, transferred, its general business conducted, and the privileges granted to it by law exercised and enjoyed.

Seventh. To exercise by its board of directors, or duly authorized officers or agents, subject to law, all such incidental powers as shall be necessary to carry on the business of banking; by discounting and negotiating promissory notes, drafts, bills of exchange, and other evidences of debt; by receiving deposits; by buying and selling exchange, coin, and bullion; by loaning money on personal security; and by obtaining, issuing, and circulating notes according to the provisions of this Title.

But no association shall transact any business except such as is incidental and necessarily preliminary to its organization, until it has been authorized by the Comptroller of the Currency to commence the business of banking.

NOTE.-See secs. 5168, 5169 and 5170, pages 35, 36, post, relating to issuing and publishing of certificate authorizing association to begin business. INCREASE OF CAPITAL STOCK. ACT MAY 1, 1886.

20. Sec. 1.

Relates to increase of capital stock and is inserted after section 5142, Revised Statutes. MAY CHANGE NAME AND LOCATION; HOW. ACT MAY 1,

1886. 21. Sec. 2.-Any national banking association may Act May change its name or the place where its operations of dis-jese: : 2 count and deposit are to be carried on, to any other place Stat. L, 18. within the same State, not more than thirty miles distant, with the approval of the Comptroller of the Currency, by the vote of shareholders owning two-thirds of the stock of such association. A duly authenticated notice of the vote and of the new name or location selected shall be sent to the office of the Comptroller of the

« AnteriorContinuar »