A Treatise on the Law of National and State Banks: Including the Clearing ... - Harvey White Magee - Google Livros

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tional Banking Act in force at the present time. In addition thereto complete and full instructions are given relative to the organization of national banks.

In conclusion this work is respectfully submitted upon its merits, with the hope that it may prove (itself) to be a correct guide to lawful and honest banking, and a text-book invaluable to the banker, lawyer, and student.

PASADENA, CAL., January 2, 1906.

H. W. MAGEE.

TABLE OF CONTENTS.

[References are to pages and sections.]

BANKING A CONSTITUTIONAL AND LEGISLATIVE PRIVILEGE.

Section 1. Right of banking controlled by legislation.....

STATE REGULATION OF BANKING AFTER ORGANIZATION.

tion 2. State has power to regulate the business..

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BANKS CLASSIFIED AND DEFINED.

Section 6. Commercial and savings bank.

7. General definition of banking

8. When a broker becomes a banker.

9. Broker and banker distinguished

10. Bank further defined

11. Private banker defined

12. Trust companies defined

13. Clearing house defined

14. Commercial bank further defined

15. Mutual savings bank defined..

16. Capitalized savings bank defined

17. National banks further defined

18. Enlarged and specific definition under State authority.

18a. Commercial banks more clearly defined.

19. Mutual and capitalized savings banks more clearly dis-

THE ORGANIZATION OF BANKS AND PROOF OF CORPORATE EXISTENCE.

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[References are to pages and sections.]

Section 27. Capital required.

28. Requirements of law essential.

29. Organization, when complete

30. Organization of branch banks.

31. Proof of corporate existence.

32. When the life of bank corporation commences.

Section 33. Power to make, inherent in corporations..

34. By-law defined .

35. Power delegated by statute.

36. Who has power to make by-laws.

37. Where statute provides purpose.

38. By-laws must be reasonable..

39. When a by-law becomes a law.

40. By-law must be proved..

41. Actions upon by-laws

42. By-law void which waives liability of stockholder.

49. Statute prescribing time in which by-laws are to be

STOCKHOLDERS' RIGHTS AND LIABILITIES.

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58. Right of stockholder to inspect records of corporation..

59. Liability of stockholder to creditors of corporation..

60. Liability cannot be enlarged by a by-law..

61. When stockholder liable to corporation, liable also to

66. An assignment absolute in form may be shown to be only

intended as security

67. Statute protecting pledgee

68. Individual liability of shareholders of national banks..

69. Extent of liability

70. Liable for interest

71. Representatives of deceased shareholder liable.

72. Married woman shareholder

73. Executors, administrators, guardians, or trustees not per-

sonally liable.

[References are to pages and sections.]

ction 74. Individual liability of a stockholder in national bank,

75. Creditor may sue stockholder of State bank corporation..

76. Enforcement of individual liability of shareholders under

the National Banking Act....

77. When right of action accrues against stockholder in na-

Section 78. Directors -

BANK OFFICERS AND AGENTS.

General discussion of duties and responsi-

85. Board electing officers of bank...

87. Duties which cannot be delegated.

97. Discretionary power

83. Number necessary to constitute a quorum.

84. Directors of national banks must act as a unit.

86. Vacancies in the board

88. Cannot delegate authority to make discounts.

89. Cannot delegate statutory duties.

90. Powers and limitations

91. Limitation of power

92. Assessment of shares

- National banks..

93. Directors cannot give away property of bank.

94. Cannot settle with cashier for his deficits..

95. Assuming debts of others.

96. Cannot take advantage of position for profit.

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