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The Federal Reserve Act of 1913
| Effort has been made to faithfully reproduce this statute. However, it should not be
considered an official legal source. It is provided here for information only.
Any noted errors will be corrected upon notification. |
Who owns the Federal Reserve?
December 23, 1913 [H. R.
7837.] _______________ [Public, No. 43.] |
CHAP. 6.—An Act To provide for the establishment of
Federal reserve banks, to furnish an elastic currency, to afford means of
rediscounting commercial paper, to establish a more effective supervision
of banking in the United States, and for other purposes. |
| Federal Reserve Act. |
Be it enacted by the Senate and House of
Representatives of the United States of America in Congress assembled,
That the short title of this Act shall be the "Federal Reserve Act." |
Terms construed.
12 USC Sec. 221
12
USC Sec. 221a |
Wherever the word "bank" is used in this Act, the word
shall be held to include State bank, banking association, and trust
company, except where national banks or Federal reserve banks are
specifically referred to. |
| The terms "national bank" and "national banking
association" used in this Act shall be held to be synonymous and
interchangeable. The term "member bank" shall be held to mean any national
bank, State bank, or bank or trust company which has become a member of
one of the reserve banks created by this Act. The term "board" shall be
held to mean Federal Reserve Board; the term "district" shall be held to
mean Federal reserve district; the term "reserve bank" shall be held to
mean Federal reserve bank. |
Federal reserve districts. 12 USC Sec. 222
|
FEDERAL RESERVE DISTRICTS
|
| Designation of Federal reserve
cities |
SEC. 2. As soon as
practicable, the Secretary of the Treasury, the Secretary of Agriculture
and the Comptroller of the Currency, acting as "The Reserve Bank
Organization Committee," shall designate not less than eight nor more than
twelve cities to be known as Federal reserve cities, and shall divide the
continental United States, excluding Alaska, into districts, each district
to contain only one of such Federal Reserve cities. The determination of
said organization committee shall not be subject to review except by the
Federal Reserve Board when organized: Provided, That the districts
shall be apportioned with due regard to the convenience and customary
course of business and shall not necessarily be coterminous with any State
or States. The districts thus created may be readjusted and new districts
may from time to time be created by the Federal Reserve Board, not to
exceed twelve in all. Such districts shall be known as Federal reserve
districts and may be designated by number. A majority of the organization
committee shall constitute a quorum with authorty to act. |
| Districts |
Proviso. Apportionment of territory. |
| Designation,etc. |
Reserve Bank Organization
Committee. Duties and authority. |
Said organization committee shall be authorized to employ
counsel and expert aid, to take testimony, to send for persons, and
papers, to administer oaths, and to make such investigation as may be
deemed necessary by the said committee in determining the reserve
districts and in designating the cities within such districts where such
Federal reserve banks shall be severally located. The said committee shall
supervise the organization in each of the cities designated of a Federal
reserve bank, which shall include in its title the name of the city in
which it is situated, as "Federal Reserve Bank of Chicago." |
| Written acceptance of Act by banks. |
Under regulations to be
prescribed by the organization committee, every national banking
association in the United States is hereby required, and every eligible
bank in the United States and every trust company within the District of
Columbia, is hereby authorized to signify in writing, within sixty days
after the passage of this Act, its acceptance of the terms and provisions
hereof. When the organization committee shall have designated the cities
in which Federal reserve banks are to be organized, and fixed the
geographical limits of the Federal reserve districts, every national
banking association within that district shall be required within thirty
days after notice from the organization committee, to subscribe to the
capital stock of such Federal reserve bank in a sum equal to six per
centum of the paid-up capital stock and surplus of such bank, one-sixth of
the subscription to be payable on call of the organization committee or of
the Federal reserve Board, one-sixth within three months and one-sixth
within six months thereafter, and the remainder of the subscription, or
any part thereof, shall be subject to call when deemed necessary by the
Federal Reserve Board, and payments to be in gold or gold certificates. |
Federal reserve banks.
Subscriptions by national banks to, required. 12 USC Sec. 282 |
| Payment for stock. |
| Responsibility of shareholders. |
The shareholders of every Federal reserve bank shall be
held individually responsible, equally and ratably, and not one for
another, for all contracts, debts, and engagements of such bank to the
extent of the amount of their subscriptions to such stock at the par value
thereof in addition to the amount subscribed, whether such subscription
have been paid up in whole or in part, under the provisions of this Act. |
| Nonaccepting banks not to be reserve agents. |
Any national bank failing to signify its acceptance of the
terms of this Act within the sixty days aforesaid, shall cease to act as a
reserve agent, upon thirty days notice, to be given within the discretion
of the said organization committee or of the Federal Reserve Board. |
| Dissolution of nonaccepting national banks. |
Should any national banking association in the
United States now organized fail within one year after the passage of this
Act to become a member bank or fail to comply with any of the provisions
of this Act applicable thereto, all of the rights, privileges, and
franchises of such association granted to it under the national-bank Act,
or under the provisions of this Act, shall be thereby forfeited. Any
noncompliance with or violation of this Act shall, however, be determined
and adjudged by any court of the United States of competent jurisdiction
in a suit brought for that purpose in the district or territrory in which
such bank is located, under direction of the Federal Reserve Board, by the
Comptroller of the Currency in his own name before the association shall
be declared dissolved. In cases of such noncompliance or violation, other
than the failure to become a member bank under the provisions of this Act,
every director who participated in or assented to the same shall be held
liable in his personal or individual capacity for all damages which said
bank, its shareholders, or any other person shall have sustained in
consequence of such violation. |
| Dissolutions for violation of this act. |
| Liability of directors. |
| Further remedies. |
Such dissolution shall not take away or impair any remedy
against such corporation, its stockholders or officers, for any liability
or penalty which shall have been previously incurred. |
Public subscriptions to stock of Federal reserve banks. 12 USC Sec. 283 |
Should the subscriptions by banks to the stock of said
Federal reserve banks or any one or more of them be, in the judgment of
the organization committee, insufficient to provide the amount of capital
required therefor, then and in that event the said organization committee
may, under conditions and regulations to be prescribed by it, offer to
public subscription at par such an amount of stock in said Federal reserve
banks, or any one or more of them, as said committee shall determine,
subject to the same conditions as to payment and stock liability as
provided for member banks. |
Limit of public subscriptions. 12 USC Sec. 283 |
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 stock in any Federal reserve
bank. Such stock shall be known as public stock and may be transferred on
the books of the Federal reserve bank by the chairman of the board of
directors of such bank. |
| Conditional allotment to United States. |
Should the total subscriptions by banks and the
public to the stock of said Federal reserve banks, or any one or more of
them, be, in the judgment of the organization committee, insufficient to
provide the amount of capital required therefor, then and in that event
the said organization committee shall allot to the United States such an
amount of said stock as said committee shall determine. Said United States
stock shall be paid for at par out of any money in the Treasury not
otherwise appropriated, and shall be held by the Secretary of the Treasury
and disposed of for the benefit of the United States in such manner, at
such times, and at such price, not less than par, as the Secretary of the
Treasury shall determine. |
| Payment, etc. |
No voting power. 12 USC Sec. 285 |
Stock not held by member banks shall not be entitled to voting power. |
| Transfers of stock. |
The Federal Reserve Board is hereby empowered
to adopt and promulgate rules and regulations governing the transfers of
said stock. |
| Capital required. |
No Federal reserve bank shall commence business
with a subscribed capital less than $4,000,000. The organization of
reserve districts and Federal reserve cities shall not be construed as
changing the present status of reserve cities and central reserve cities
except in so far as this Act changes the amount of reserves that may be
carried with approved reserve agents located therein. The organization
committee shall have power to appoint such assistants and incur such
expenses in carrying out the provisions of this Act as it shall deem
necessary, and such expenses shall be payable by the Treasurer of the
United States upon voucher approved by the Secretary of the Treasury, and
the sum of $100,000, or so much thereof as may be necessary, is hereby
appropriated, out of any moneys in the Treasury not otherwise
appropriated, for the payment of such expenses. |
| Appropriation for expenses of organization committee. |
| Branch offices. |
BRANCH OFFICES. |
| Establishment of branch banks. |
SEC. 3. Each Federal reserve
bank shall establish branch banks within the Federal reserve district in
which it is located and may do so in the district of any Federal reserve
bank which may have been suspended. Such branches shall be operated by a
board of directors under rules and regulations approved by the Federal
Reserve Board. Directors of branch banks shall possess the same
qualifications as directors of the Federal reserve banks. Four of said
directors shall be selected by the reserve bank and three by the Federal
Reserve Board, and they shall hold office during the pleasure,
respectively, of the parent bank and the Federal Reserve Board. The
reserve bank shall designate one of the directors as manager. |
| Management, etc. |
| Federal reserve banks. |
FEDERAL RESERVE BANKS. |
| Establishment of districts and reserve cities. |
SEC. 4. When the
organization committee shall have established Federal reserve districts as
provided in section two of this Act, a certificate shall be filed with the
Comptroller of the Currency showing the geographical limits of such
districts and the Federal reserve city designated in each of such
districts. The Comptroller of the Currency shall thereupon cause to be
forwarded to each national bank located in each district, and to such
other banks declared to be eligible by the organization committee which
may apply therefor, an application blank in form to be approved by the
organization committee, which blank shall contain a resolution to be
adopted by the board of directors of each bank executing such application,
authorizing a subscription to the capital stock of the Federal reserve
bank organizing in that district in accordance with the provisions of this
Act. |
| Notice for organization. |
| Organization proceedings. |
When the minimum amount of capital stock prescribed by
this Act for the organization of any Federal reserve bank shall have been
subscribed and allotted, the organization committee shall designate any
five banks of those whose applications have been received, to execute a
certificate of organization, and thereupon the banks so designated shall,
under their seals, make an organization certificate which shall
specifically state the name of such Federal reserve bank, the territorial
extent of the district over which the operations of such Federal reserve
bank are to be carried on, the city and State in which said is to be
located, the amount of capital stock and the number of shares into which
the same is divided, the name and place of doing business of each bank
executing such certificate, and of all banks which have subscribed to the
capital stock of such Federal reserve bank and the number of shares
subscribed by each, and the fact that the certificate is made to enable
those banks executing same, and all banks which have subscribed or may
thereafter subscribe to the capital stock of such Federal reserve bank, to
avail themselves of the advantages of this Act. |
| Deposit of certificate. |
The said 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 by the seal of
such court, or notary, transmitted to the Comptroller of the Currency, who
shall file, record and carefully preserve the same in his office. |
Corporate powers. 12 USC Sec. 341 |
Upon filing of such certificate with the Comptroller of
the Currency as aforesaid, the said Federal reserve bank shall become a
body corporate and as such, and in the name designated in such
organization certificate, shall have power— |
| General. |
First. To adopt and use a corporate seal. |
| Second. To have succession for a period of twenty years
from its organization unless it is sooner dissolved by an Act of Congress,
or unless its franchise becomes forfeited by some violation of law. |
| Third. To make contracts. |
| Fourth. To sue and be sued, complain and defend, in any
court of law or equity. |
| Fifth. To appoint by its board of directors, such officers
and employees as are not otherwise provided for in this Act, to define
their duties, require bonds of them and fix the penalty thereof, and to
dismiss at pleasure such officers or employees. |
| Sixth. To prescribe by its board of directors, by-laws not
inconsistent with law, regulating the manner in which its general business
may be conducted, and the privileges granted to it by law may be exercised
and enjoyed. |
| Seventh. To exercise by its board of directors, or duly
authorized officers or agents, all powers specifically granted by the
provisions of this Act and such incidental powers as shall be necessary to
carry on the business of banking within the limitations prescribed by this
Act. |
Issue of circulating notes. 12 USC
412 |
Eighth. Upon deposit with the Treasurer of the United
States of any bonds of the United States in the manner provided by
existing law relating to national banks, to receive from the Comptroller
of the Currency circulating notes in blank, registered and countersigned
as provided by law, equal in amount to the par value of the bonds so
deposited, such notes to be issued under the same conditions and
provisions of law as relate to the issue of circulating notes of national
banks secured by bonds of the United States bearing the circulating
privilege, except that the issue of such notes shall not be limited to the
capital stock of such Federal reserve bank. |
| Restriction of business. |
But no Federal reserve bank 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 business under the provisions of this Act. |
| Board of directors. |
Every Federal reserve bank shall be conducted under the
supervision and control of a board of directors. |
| General duties. |
The board of directors shall perform the duties usually
appertaining to the office of directors of banking associations and all
such duties as are prescribed by law. |
| Administration. |
Said board shall administer the affairs of said bank
fairly and impartially and without discrimination in favor of or against
any member bank or banks and shall, subject to the provisions of law and
the orders of the Federal Reserve Board, extend to each member bank such
discounts, advancements and accommodations as may be safely and reasonably
made with due regard of the claims and demands of other member banks. |
Number and term of
directors. Classification. |
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 as classes A, B, and C. |
Class A. 12 USC Sec. 304 |
Class A shall consist of three members, who shall be
chosen by and be representative of the stock-holding banks. |
| Class B. |
Class B shall consist of three members, who at the time of
their election shall be actively engaged in their district in commerce,
agriculture or some other industrial pursuit. |
Class C. 12 USC Sec. 305 |
Class C shall consist of three members who shall
be designated by the Federal Reserve Board. When the necessary
subscriptions to the capital stock have been obtained for organization of
any Federal reserve bank, the Federal Reserve Board shall appoint the
class C directors and shall designate one of such directors as chairman of
the board to be selected. Pending the designation of such chairman, the
organization committee shall exercise the powers and duties appertaining
to the office of chairman in the organization of such Federal reserve bank. |
| Chairman of board. |
| Service of Senators or
Representatives forbidden. |
No Senator or Representative in Congress shall be a member
of the Federal Reserve Board or an officer or a director of a Federal
reserve bank. |
| Other disqualifications. |
No director of class B shall be an officer, director, or employee of any bank. |
| No director of class C shall be an officer, director, employee or stockholder of any bank. |
| Directors of class A and class B. |
Directors of class A and class B shall be chosen in the following manner: |
Procedure for choosing. 12 USC Sec. 304 |
The chairman of the board of directors of the Federal
reserve bank of the district in which the bank is situated or, pending the
appointment of such chairman, the organzation committee shall classify the
member banks of the district into three general groups or divisions. Each
group shall contain as nearly as may be one-third of the aggregate number
of the member banks of the district and shall consist, as nearly as may
be, of banks of similar capitalization. The groups shall be designated by
number by the chairman. |
| Electors for member banks. |
At a regularly called meeting of the board of directors of
each member bank in the district it shall elect by ballot a district
reserve elector and shall certify his name to the chairman of the board of
directors of the Federal reserve bank of the district. The chairman shall
make lists of the district reserve electors thus named by banks in each of
the aforesaid three groups and shall transmit one list to each elector in
each group. |
| Nomination of candidates. |
Each member bank shall be permitted to nominate to the
chairman one candidate for director of class A and one candidate for
director of class B. The candidates so nominated shall be listed by the
chairman, indicating by whom nominated, and a copy of said list shall,
within fifteen days after its completion, be furnished by the chairman to
each elector. |
| Balloting for directors. |
Every elector shall, within fifteen days after the receipt
of the said list, certify to the chairman his first, second, and other
choices of a director of class A and class B, respectively, upon a
preferential ballot, on a form furnished by the chairman of the board of
directors of the Federal reserve bank of the district. Each elector shall
make a cross opposite the name of the first , second, and other choices
for a director of class A and for a director of class B, but shall not
vote more than one choice for any one candidate. |
| Declaration of result. |
Any candidate having a majority of all votes cast in the
column of first choice shall be declared elected. If no candidate have a
majority of all the votes in the first column, then there shall be added
together the votes cast by the electors for such candidates in the second
column and the votes cast for the several candidates in the first column.
If any candidate then have a majority of the electors voting, by adding
together the first and second choices, he shall be declared elected. If no
candidate have a majority of electors voting when the first and second
choices shall have been added, then the votes cast in the third column for
other choices shall be added together in like manner, and the candidate
then having the highest number of votes shall be declared elected. An
immediate report of election shall be declared. |
Class C
directors. Appointment. 12 USC Sec. 305 |
Class C directors shall be appointed by the
Federal Reserve Board. They shall have been for at least two years
residents of the district for which they are appointed, one of whom shall
be designated by said board as chairman of the board of directors of the
Federal reserve bank and as "Federal reserve agent." He shall be a person
of tested banking experience; and in addition to his duties as chairman of
the board of directors of the Federal reserve bank he shall be required to
maintain under regulations to be established by the Federal Reserve Board
a local office of said board on the premises of the Federal reserve bank.
He shall make regular reports to the Federal Reserve Board, and shall act
as its official representative for the performance of the functions
conferred upon it by this Act. He shall receive an annual compensation to
be fixed by the Federal Reserve Board and paid monthly by the Federal
reserve bank to which he is designated. One of the directors of class C,
who shall be a person of tested banking experience, shall be appointed by
the Federal Reserve Board as deputy chairman and deputy Federal reserve
agent to exercise the powers of the chairman of the board and Federal
reserve agent in case of absence or disability of his principal. |
Chairman of board and Federal
reserve agent. Duties, etc. |
| Pay. |
| Deputy. |
| Compensation of directors. |
Directors of Federal reserve banks shall receive, in
addition to any compensation otherwise provided, a reasonable allowance
for necessary expenses in attending meetings of their respective boards,
which anmount shall be paid by the respective Federal reserve banks. Any
compensation that may be provided by boards of directors of Federal
reserve banks for directors, officers or employees shall be subject to the
approval of the Federal Reserve Board. |
| Preliminary meetings. |
The Reserve Bank Organization Committee may, in organizing
Federal reserve banks, call such meetings of bank directors in the several
districts as may be necessary to carry out the purposes of this Act, and
may exercise the functions herein conferred upon the chairman of the board
of directors of each Federal reserve bank pending the complete
organization of such bank. |
| Designation of first terms of members. |
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 the
members of each class whose term of office shall expire in one year from
the first of January nearest to date of such meeting, one whose term of
office shall expire at the end of two years from said date, and one whose
term of office shall expire at the end of three years from said date.
Thereafter every director of a Federal reserve bank chosen as hereinbefore
provided shall hold office for a term of three years. Vacancies that may
occur in the several classes of directors of Federal reserve banks may be
filled in the manner provided for the original selection of such
directors, such appointees to hold office for the unexpired terms of their
predecessors. |
| Subsequent tenure. |
| Vacancies. |
| Capital stock. |
STOCK ISSUES; INCREASE AND DECREASE OF CAPITAL. |
Provision for increase or decrease.
12
USC Sec. 287 |
SEC. 5. 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 increase their capital stock and surplus or as additonal banks
become members, and may be decreased as member banks reduce their capital
stock or surplus or cease to be members. Shares of the capital stock of
Federal reserve banks owned by member banks shall not be transferred or
hypothecated. When a member bank increases its capital stock or surplus,
it shall thereupon subscribe for an additonal amount of capital stock of
the Federal reserve bank of its district equal to six per centum of the
said increase, one-half of said subscription to be paid in the manner
hereinbefore provided for original subscription, and one-half subject to
call of the Federal Reserve Board. A bank applying for stock in a Federal
reserve bank at any time after the organization thereof must subscribe for
an amount of the capital stock of the Federal reserve bank equal to six
per centum of the paid-up capital stock and surplus of said applicant
bank, paying therefor its par value plus one-half of one per centum a
month from the period of the last dividend. When the capital stock of any
Federal reserve bank shall have been increased either on account of the
increase of capital stock of member banks or on account of the increase in
the number of member banks, the board of directors shall cause to be
executed a certificate to the Comptroller of the Currency showing the
increase in capital stock, the amount paid in, and by whom paid. When a
member bank reduces its capital stock it shall surrender a proportionate
amount of its holdings in the capital of said Federal reserve bank, and
when a member bank voluntarily liquidates it shall surrender all of its
holdings of the capital stock of said Federal reserve bank and be released
from its stock subscription not previously called. In either case the
shares surrendered shall be canceled and the member bank shall receive in
payment therefor, under regulations to be prescribed by the Federal
Reserve Board, a sum equal to its cash-paid subscriptions on the shares
surrendered and one-half of one per centum a month from the period of the
last dividend, not to exceed the book value thereof, less any liability of
such member bank to the Federal reserve bank. |
| Stock of member banks not transferable. |
| Additional subscription from member banks increasing their capital. |
| Subscriptions from new members. |
| Certificates of increases. |
| Surrender from members reducing capital, etc. |
| Cancellation and payment of surrendered shares. |
Insolvent members. Cancellation of stock, etc.
12 USC Sec. 288 |
SEC. 6. 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 its liability, and all cash-paid subscriptions on said
stock, with one-half of one percentum per month from the period of last
dividend, not to exceed the book value thereof, shall be first applied to
all debts of the insolvent member bank to the Federal reserve bank, and
the balance, if any, shall be paid to the receiver of the insolvent bank.
Whenever the capital stock of a Federal reserve bank is reduced, either on
account of a reduction in capital stock of any member bank or of the
liquidation or insolvency of such bank, the board of directors shall cause
to be executed a certificate to the Comptroller of the Currency showing
such reductions of capital stock and the amount repaid to such bank. |
| Certificate of
reduction. |
| Division of earnings. |
DIVISION OF EARNINGS. |
| Annual dividends. |
SEC. 7. After all necessary
expenses of a Federal reserve bank have been paid or provided for, the
stockholders shall be entitled to receive an annual dividend of six per
centum on the paid-in capital stock, which dividend shall be cumulative.
After the aforesaid dividend claims have been fully met, all the net
earnings shall be paid to the United States as a franchise tax, except
that one-half of such net earnings shall be paid into a surplus fund until
it shall amount to forty per centum of the paid-in capital stock of such
bank. |
| Franchise tax. |
Surplus fund. 12 USC Sec. 289
|
Disposition of earnings derived by
United States. 12 USC Sec. 290
|
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 outstanding United States
notes, or shall be applied to the reduction of the outstanding bonded
indebtedness of the United States under regulations to be prescribed by
the Secretary of the Treasury. Should a Federal reserve bank be dissolved
or go into liquidation, any surplus remaining, after the payment of all
debts, dividend requirements as hereinbefore provided, and the par value
of the stock, shall be paid to and become the property of the United
States and shall be similarly applied. |
| Banks dissolving, etc. |
Tax exemption. 12 USC
3019 |
Federal reserve banks, including the capital stock and
surplus therein, and the income derived therefrom shall be exempt from
Federal, State, and local taxation, except taxes upon real estate. |
| National banks. |
SEC. 8. Section fifty-one hundred and
fifty-four, United States Revised Statutes, is hereby amended to read as
follows: |
Conversion of State, etc., banks
into. R. S., sec. 5154, p. 996, amended. |
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 capital sufficient to entitle
it to become a national banking association under the provisions of the
existing laws may, by the vote of the shareholders owning not less than
fifty-one per centum of the capital stock of such bank or banking
association, with the approval of the Comptroller of the Currency be
converted into a national banking association, with any name approved by
the Comptroller of the Currency: |
Proviso. Not to
contravene State law. |
Provided, however, That said conversion
shall not be in contravention of the State law. In such case the articles
of association and organization certificate may be executed by a majority
of the directors of the bank or banking institution, and the certificate
shall declare that the owners of fifty-one per centum of the capital stock
have authorized the directors to make such certificate and to change or
convert the bank or banking institution into a national association. A
majority of the directors, after executing the articles of association and
the organization certificate, shall have power to execute all other papers
and to do whatever may be required to make its organization perfect and
complete as a national association. The shares of any such bank may
continue to be for the same amount each as they were before the
conversion, and the directors may continue to be directors of the
association until others are elected or appointed in accordance with the
provisions of the statutes of the United States. When the Comptroller has
given to such bank or banking association a certificate that the
provisions of this Act have been complied with, such bank or banking
association, and all its stockholders, officers, and employees, shall have
the same powers and privileges, and shall be subject to the same duties,
liabilities, and regulations, in all respects, as shall have been
prescribed by the Federal Reserve Act and by the national banking Act for
associations originally organized as national banking associations. |
| Declaration by directors. |
| Capital stock. |
| Certificate, etc. |
| xxxxxx |
| State banks, etc. |
STATE BANKS AS MEMBERS. |
Application to become member banks. |
SEC. 9. Any bank
incorporated by special law of any State, or organized under the general
laws of any State or of the United States, may make application to the
reserve bank organization committee, pending organization, and thereafter
to the Federal Reserve Board for the right to subscribe to the stock of
the Federal reserve bank organized or to be organized within the Federal
reserve district where the applicant is located. The organization
committee or the Federal Reserve Board, under such rules and regulations
as it may prescribe, subject to the provisions of this section, may permit
the applying bank to become a stockholder in the Federal reserve bank of
the district in whch the applying bank is located. Whenever the
organization committee or the Federal Reserve Board shall permit the
applying bank to become a stockholder in the Federal reserve bank of the
district, stock shall be issued and paid for under the rules and
regulations in this Act provided for national banks which become
stockholders in Federal reserve banks. |
| Issue of stock. |
| Organizaton. |
The organization committee of the Federal
Reserve Board shall establish by-laws for the general government of its
conduct in acting upon applications made by the State banks and banking
associations and trust companies for stock ownership in Federal reserve
banks. Such by-laws shall require applying banks not organized under
Federal law to comply with the reserve and capital requirements and to
submit to the examination and regulations prescribed by the organization
committee or by the Federal Reserve Board. No applying bank shall be
admitted to membership in a Federal reserve bank unless it possesses a
paid-up unimpaired capital sufficient to entitle it to become a national
banking association in the place where it is situated, under the
provisions of the national banking Act. |
| By-laws. |
| Capital required. |
| Additional restrictions. |
Any bank becoming a member of a Federal reserve bank under
the provisions of this section shall, in addition to the regulations and
restrictions hereinbefore provided, be required to conform to the
provisions of law imposed on the national banks respecting the limitation
of liability which may be incurred by any person, firm, or corporation to
such banks, the prohibition against making purchase of or loans on stock
of such banks, and the withdrawal or impairment of capital, or the payment
of unearned dividends, and to such rules and regulations as the Federal
Reserve Board may, in pursuance thereof, prescribe. |
| Subject to specified
regulations. |
Such banks, and the officers, agents, and
employees thereof, shall also be subject to the provisions of and to the
penalties prescribed by sections fifty-one hundred and ninety-eight,
fifty-two hundred, fifty-two hundred and one, and fifty-two hundred and
eight, and fifty-two hundred and nine of the Revised Statutes. The member
banks shall also be required to make reports of the conditions and of the
payments of dividends to the comptroller, as provided in sections
fifty-two hundred and eleven and fifty-two hundred and twelve of the
Revised Statutes, and shall be subject to the penalties prescribed by
section fifty-two hundred and thirteen for the failure to make such
report. |
| R. S., secs. 5198, 5201, 5208,
5209, pp. 1005-1007. |
| R. S., secs. 5211-5213, pp.
1007, 1008. |
| Member banks not complying with
regulations, etc., to be suspended. |
If at any time it shall appear to the Federal
Reserve Board that a member bank has failed to comply with the provisions
of this section or the regulations of the Federal Reserve Board, it shall
be within the power of the said board, after hearing, to require such bank
to surrender its stock in the Federal reserve bank; upon such surrender
the Federal reserve bank shall pay the cash-paid subscriptions to the said
stock with interest at the rate of one-half of one per centum per month,
computed from the last dividend, if earned, not to exceed the book value
thereof, less any liability to said Federal reserve bank, except the
subscription liability not previously called, which shall be canceled, and
said Federal reserve bank shall, upon notice from the Federal Reserve
Board, be required to suspend said bank from further privileges of
membership, and shall within thirty days of such notice cancel and retire
its stock and make payment therefor in the manner herein provided. The
Federal Reserve Board may restore membership upon due proof of compliance
with the conditions imposed by this section. |
| Cancelation of stock, etc. |
| Restoration. |
| Federal Reserve Board. |
FEDERAL RESERVE BOARD. |
Created; membership. 12 USC Sec.
241 |
SEC. 10. A Federal Reserve
Board is hereby created which shall consist of seven members, including
the Secretary of the Treasury and the Comptroller of the Currency, who
shall be members ex officio, and five members appointed by the President
of the United States, by and with the advice and consent of the Senate. In
selecting the five appointive members of the Federal Reserve Board, not
more than one of whom shall be selected from any one Federal reserve
district, the President shall have due regard to a fair representation of
the different commercial, industrial and geographical divisions of the
country. The five members of the Federal reserve Board appointed by the
President and confirmed as aforesaid shall devote their entire time to the
business of the Federal Reserve Board and shall each receive an annual
salary of $12,000, payable monthly together with actual necessary
traveling expenses, and the Comptroller of the Currency, as ex officio
member of the Federal Reserve Board, shall, in addition to the salary now
paid him as Comptroller of the Currency, receive the sum of $7,000
annually for his services as a member of said board. |
| Appointive members. |
| Duties, salaries, etc. |
| Additional pay to Comptroller of the Currency. |
| Connections with member banks forbidden. |
The members of said board, the Secretary of the
Treasury, the Assistant Secretaries of the Treasury, and the Comptroller
of the Currency 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. Of the five members thus appointed by the President at
least two shall be persons experienced in banking or finance. One shall be
designated by the President to serve for two, one for four, one for six,
one for eight, and one for ten years, and thereafter each member so
appointed shall serve for a term of ten years unless sooner removed for
cause by the President. Of the five persons thus appointed, one shall be
designated by the President as governor and one as vice governor of the
Federal Reserve Board. The governor of the Federal Reserve Board, subject
to its supervision, shall be the active executive officer. The secretary
of the Treasury may assign offices in the Department of the Treasury for
the use of the Federal Reserve Board. Each member of the Federal Reserve
Board shall within fifteen days after notice of appointment make and
subscribe to the oath of office. |
| Tenure of appointive members. |
Governor and vice governor. 12 USC Sec. 242
|
| Offices, etc. |
| Assessment for expenses. |
The Federal Reserve Board shall have power to levy
semiannually upon the Federal reserve banks, in proportion to their
capital stock and surplus, an assessment sufficient to pay its estimated
expenses and the salaries of its members and employees for the half year
succeeding the levying of such assessment, together with any deficit
carried forward from the preceding half year. |
| Meetings, etc. |
The first meeting of the Federal Reserve Board
shall be held in Washington, District of Columbia, as soon as may be after
the passage of this Act, at a date to be fixed by the Reserve Bank
Organization Committee. The Secretary of the Treasury shall be ex officio
chairman of the Federal Reserve board. No member of the Federal Reserve
Board shall be an officer or director of any bank, banking institution,
trust company, or Federal reserve bank nor hold stock in any bank, banking
institution, or trust company; and before entering upon his duties as a
member of the Federal Reserve Board he shall certify under oath to the
Secretary of the Treasury that he has complied with this requirement.
Whenever a vacancy shall occur, other than by expiration of term, among
the five members of the Federal Reserve Board appointed by the President,
as above provided, a successor shall be appointed by the President, with
the advice and consent of the Senate, to fill such vacancy, and when
appointed he shall hold office for the unexpired term of the member whose
place he is selected to fill. |
| Disqualifications. |
| Vacancies. |
| Commissions during recess of the
senate. |
The President shall have power to fill all vacancies that
may happen on the Federal Reserve Board during the recess of the Senate,
by granting commissions which shall expire thirty days after the next
session of the Senate convenes. |
| Powers of Secretary of the
Treasury unimpaired. |
Nothing in this Act contained shall be construed as taking
away any powers heretofore vested by law in the Secretary of the Treasury
which relate to the supervision, management, and control of the Treasury
Department and bureaus under such department, and wherever any power
vested by this Act in the Federal Reserve Board or the Federal reserve
agent appears to conflict with the powers of the Secretary of the
Treasury, such powers shall be exercised subject to the supervision and
control of the Secretary. |
| Annual report. |
The Federal Reserve Board shall annually make a full
report of its operations to the Speaker of the House of Representatives,
who shall cause the same to be printed for the information of the Congress. |
| Office of the Comptroller of the
Currency. |
Section three hundred and twenty-four of the
Revised Statutes of the United States shall be amended so as to read as
follows: 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 national currency secured by United States bonds and,
under the general supervision of the Federal Reserve Board, of all Federal
reserve notes, the chief officer of which bureau shall be called the
Comptroller of the currency and shall perform his duties under the general
directions of the Secretary of the Treasury. |
Duties. R. S., sec. 324, p. 54,
amended. |
Authority and powers of Board.
12 USC Sec.
248 |
SEC 11. The Federal Reserve Board shall be authorized and
empowered: |
| Examination, etc., of reserve and
member banks. |
(a) To examine at its discretion the accounts,
books and affairs of each Federal reserve bank and of each member bank and
to require such statements and reports as it may deem necessary. The said
board shall publish once each week a statement showing the condition of
each Federal reserve bank and a consolidated statement for all Federal
reserve banks. Such statements shall show in detail the assets and
liabilities of the Federal reserve banks, single and combined, and shall
furnish full information regarding the character of the money held as
reserve and the amount, nature and maturities of the paper and other
investments owned or held by Federal reserve banks. |
| Published statements. |
| Rediscounted paper. |
(b) To permit, or, on the affirmative vote of at least
five members of the Reserve Board to require Federal reserve banks to
rediscount the discounted paper of other Federal reserve banks at rates of
interest to be fixed by the Federal Reserve Board. |
| Suspension of reserve
requirements. |
To suspend for a period not exceeding thirty
days, and from time to time to renew such suspension for periods not
exceeding fifteen days, any reserve requirement specified in this Act:
Provided, That it shall establish a graduated tax upon the amounts
by which the reserve requirements of this Act may be permitted to fall
below the level hereinafter specified: And provided further, That
when the gold reserve held against Federal reserve notes falls below forty
per centum, the Federal Reserve Board shall establish a graduated tax of
not more than one per centum per annum upon such deficiency until the
reserves fall to thirty-two and one-half per centum, and when said reserve
falls below thirty-two and one-half per centum, a tax at the rate
increasingly of not less than one and one-half per centum per annum upon
each two and one-half per centum or fraction thereof that such reserve
falls below thirty-two and one-half per centum. The tax shall be paid by
the reserve bank, but the reserve bank shall add an amount equal to said
tax to the rates of interest and discount fixed by the Federal Reserve
Board. |
Provisos. Tax
imposed. |
| Graduated rates. |
| Increase of interest
rates. |
| Control of Federal reserve
notes. |
(d) To supervise and regulate through the bureau under the
charge of the Comptroller of the Currency the issue and retirement of
Federal reserve notes, and to prescribe rules and regulations under which
such notes may be delivered by the Comptroller to the Federal reserve
agents applying therefor. |
| Reserve cities. |
(e) To add to the number of cities classified as
reserve and central reserve cities under existing law in which national
banking associations are subject to the reserve requirements set forth in
section twenty of this Act; or to reclassify existing reserve and central
reserve cities or to terminate their designation as such. |
| Post, sec. 20. |
| Reserve bank officials. |
(f) To suspend or remove any officer or director of any
Federal reserve bank, the cause of such removal to be forthwith
communicated in writing by the Federal Reserve Board to the removed
officer or director and to said bank. |
| Doubtful assets. |
(g) To require the writing off of doubtful or worthless
assets upon the books and balance sheets of Federal reserve banks. |
| Suspension of reserve
banks. |
(h) To suspend, for the violation of any of the provisions
of this Act, the operations of any Federal reserve bank, to take
possession thereof, administer the same during the period of suspension,
and, when deemed advisable, to liquidate or reorganize such bank. |
| General authority over reserve
agents, etc. |
(i) To require bonds of Federal reserve agents, to make
regulations for the safeguarding of all collateral, bonds, Federal reserve
notes, money or property of any kind deposited in the hands of such
agents, and said board shall perform the duties, functions, or services
specified in this Act, and make all rules and regulations necessary to
enable said board effectively to perform the same. |
| Supervision of reserve
banks. |
(j) To exercise general supervision over said
Federal reserve banks. |
| Fiduciary permits. |
(k) To grant by special permit to national banks applying
therefor, when not in contravention of State or local law, the right to
act as trustee, executor, administrator, or registrar of stocks and bonds
under such rules and regulations as the said board may prescribe. |
| Employees. |
(l) To employ such attorneys, experts,
assistants, clerks, or other employees as may be deemed necessary to
conduct the business of the board. All salaries and fees shall be fixed in
advance by said board and shall be paid in the same manner as the salaries
of the members of said board. All such attorneys, experts, assistants,
clerks, and other employees shall be appointed without regard to the
provisions of the Act of January sixteenth, eighteen hundred and
eighty-three (volume twenty-two, United States Statutes at Large, page
four hundred and three), and amendments thereto, or any rule or regulation
made in pursuance thereof: Provided, That nothing herein shall
prevent the President from placing said employees in the classified
service. |
Appointments without regard to
civil service laws, etc. Vol. 22, p. 403. |
Proviso. Authority of
the President. |
| Federal Advisory
Council. |
FEDERAL ADVISORY COUNCIL.
|
Created. 12 USC Sec. 261
|
SEC. 12. There is hereby
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 shall annually select from its own Federal reserve
district one member of said council, who shall receive such compensation
and allowances as may be fixed by his board of directors subject to the
approval of the Federal Reserve Board. The meetings of said advisory
council shall be held at Washington, District of Columbia, at least four
times each year, and oftener if called by the Federal Reserve Board. The
council may in addition to the meetings above provided for hold such other
meetings in Washington, District of Columbia, or elsewhere, as it may deem
necessary, may select its own officers and adopt its own methods of
procedure, and a majority of its members shall constitute a quorum for the
transaction of business. Vacancies in the council shall be filled by the
respective banks, and members selected to fill vacancies, shall serve for
the unexpired term. |
| Selection of members, pay,
etc. |
| Meetings, officers,
etc. |
Authority and duties. 12 USC Sec.
262 |
The Federal Advisory Council shall have power, by itself
or through its officers, (1) to confer directly with the Federal Reserve
Board on general business conditions; (2) to make oral or written
representations concerning matters within the jurisdiction of said board;
(3) to call for information and to make recommendations in regard to
discount rates, rediscount business, note issues, reserve conditions in
the various districts, the purchase and sale of gold or securities by
reserve banks, open market operations by said banks, and the general
affairs of the reserve banking system. |
| Federal reserve banks. |
POWERS OF FEDERAL RESERVE
BANKS. |
Deposits allowed. 12 USC Sec. 342
|
SEC. 13. Any Federal reserve bank may
receive from any of its member banks, and from the United States, deposits
of current funds in lawful money, national-bank notes, Federal reserve
notes, or checks and drafts upon solvent member banks, payable upon
presentation; or, solely for exchange purposes, may receive from other
Federal reserve banks deposits of current funds in lawful money,
national-bank notes, or checks and drafts upon solvent member or other
Federal reserve banks, payable upon presentation. |
Discounting commercial
paper. 12 USC
Sec. 343 |
Upon the indorsement of any of its member banks,
with a waiver of demand, notice and protest by such bank, any Federal
reserve bank may discount notes, drafts, and bills of exchange arising out
of actual commercial transactions; that is, notes, drafts, and bills of
exchange issued or drawn for agricultural, industrial, or commercial
purposes, or the proceeds of which have been used, or are to be used, for
such purposes, the Federal Reserve Board to have the right to determine or
define the character of the paper thus eligible for discount, within the
meaning of this Act. Nothing in this Act contained shall be construed to
prohibit such notes, drafts, and bills of exchange, secured by staple
agricultural products, or other goods, wares, or merchandise from being
eligible for such discount; but such definition shall not include notes,
drafts, or bills covering merely investments or issued or drawn for the
purpose of carrying or trading in stocks, bonds, or other investment
securities, except bonds and notes of the Government of the United States.
Notes, drafts, and bills admitted to discount under the terms of this
paragraph must have a maturity at the time of discount of not more than
ninety days: Provided, That notes, drafts, and bills drawn or
issued for agricultural purposes or based on live stock and having a
maturity not exceeding six months may be discounted in an amount to be
limited to a percentage of the capital of the Federal reserve bank, to be
ascertained and fixed by the Federal Reserve Board. |
| Description. |
Agricultural, etc.,
paper. 12 USC
Sec. 344 |
| Stock trading paper
excluded. |
| Time limit. |
Proviso. Additonal
for agricultural notes, etc. |
Rediscounting foreign trade
acceptances. Post, p. 958. |
Any Federal reserve bank may discount acceptances which
are based on the importation or exportation of goods and which have a
maturity at time of discount of not more than three months, and indorsed
by at least one member bank. The amount of acceptances so discounted shall
at no time exceed one-half the paid-up capital stock and surplus of the
bank for which the rediscounts are made. |
| Restriction on
rediscount. |
The aggregate of such notes and bills bearing the
signature or indorsement of any one person, company, firm, or corporation
rediscounted for any one bank shall at no time exceed ten per centum of
the unimpaired capital and surplus of said bank; but this restriction
shall not apply to the discount of bills of exchange drawn in good faith
against actually existing values. |
| Dealing in foreign trade paper by
member banks allowed. |
Any member bank may accept drafts or bills of exchange
drawn upon it and growing out of transactions involving the importation or
exportation of goods having not more than six months sight to run; but no
bank shall accept such bills to an amount equal at any time in the
aggregate to more than one-half its paid-up capital stock and
surplus. |
| National banks. |
Section fifty-two hundred and two of the Revised
Statutes of the United States is hereby amended so as to read as follows:
No national banking association shall at any time be indebted, or in any
way liable, to an amount exceeding the amount of its capital stock at such
time actually paid in and remaining undiminished by losses or otherwise,
except on account of demands of the nature following:. |
Debts limited. R. S., sec.
5202, p. 1006, amended. |
| Exceptions. |
| Circulating notes. |
First. Notes of circulation. |
| Deposits. |
Second. Moneys deposited with or collected by
the association. |
| Drafts, etc. |
Third. Bills of exchange or drafts drawn
against money actually on deposit to the credit of the association, or due
thereto. |
| Dividends, etc. |
Fourth. Liabilities to the stockholders of
the association for dividends and reserve profits. |
| Federal reserve provisions
added. |
Fifth. Liabilities incurred under the
provisions of the Federal Reserve Act. |
| Regulation of rediscounts,
etc. |
The rediscount by any Federal reserve bank of any bills
receivable and of domestic and foreign bills of exchange, and of
acceptances authorized by this Act, shall be subject to such restrictions,
limitations, and regulations as may be imposed by the Federal Reserve
Board. |
Open-market operations. 12 USC Sec. 263
|
OPEN-MARKET OPERATIONS.
|
| Federal reserve banks may deal in
commercial paper, etc. |
SEC. 14. Any Federal reserve bank may,
under rules and regulations prescribed by the Federal Reserve Board,
purchase and sell in the open market, at home or abroad, either from or to
domestic or foreign banks, firms, corporations, or individuals, cable
transfers and bankers' acceptances and bills of exchange of the kinds and
maturities by this Act made eligible for rediscount, with or without the
indorsement of a member bank. |
| Additional powers. |
Every Federal reserve bank shall have
power: |
| Gold transactions. |
(a) To deal in gold coin and bullion at home or abroad, to
make loans thereon, exchange Federal reserve notes for gold, gold coin, or
gold certificates, and to contract for loans of gold coin or bullion,
giving therefor, when necessary, acceptable security, including the
hypothecation of United States bonds or other securities which Federal
reserve banks are authorized to hold; |
| Bonds, notes, etc. |
(b) To buy and sell, at home or abroad, bonds and notes of
the United States, and bills, notes, revenue bonds, and warrants with a
maturity date of purchase of not exceeding six months, issued in
anticipation of the collection of taxes or in anticipation of the receipt
of assured revenues by any State, county, district, political subdivision,
or municipality in the continental United States, including irrigation,
drainage, and reclamation districts, such purchases to be made in
accordance with rules and regulations prescribed by the Federal Reserve
Board; |
| Commercial exchange. |
(c) To purchase from member banks and to sell, with or
without its indorsement, bills of exchange arising out of commercial
transactions, as hereinbefore defined; |
| Discount rates. |
(d) To establish from time to time, subject to review and
determination of the Federal Reserve Board, rates of discount to be
charged by the Federal reserve bank for each class of paper, which shall
be fixed with a view of accommodating commerce and business; |
| Foreign accounts and
agencies. |
(e) To establish accounts with other Federal reserve banks
for exchange purposes and, with the consent of the Federal Reserve Board,
to open and maintain banking accounts in foreign countries, appoint
correspondents, and establish agencies in such countries wheresoever it
may deem best for the purpose of purchasing, selling, and collecting bills
of exchange, and to buy and sell with or without its indorsement, through
such correspondents or agencies, bills of exchange arising out of actual
commercial transactions which have not more than ninety days to run and
which bear the signature of two or more responsible parties. |
| Government deposits. |
GOVERNMENT
DEPOSITS. |
| Use of reserve bank as fiscal
agent, etc. |
SEC. 15. The moneys held in the
general fund of the Treasury, except the five per centum fund for the
redemption of outstanding national-bank notes and the funds provided in
this Act for the redemption of Federal reserve notes may, upon the
direction of the Secretary of the Treasury, be deposited in Federal
reserve banks, which banks, when required by the Secretary of the
Treasury, shall act as fiscal agents of the United States; and the
revenues of the Government or any part thereof may be deposited in such
banks, and disbursements may be made by checks drawn against such
deposits. |
| Deposit of public funds
restricted. |
No public funds of the Philippine Islands, or of
the postal savings, or any Government funds, shall be deposited in the
continental United States in any bank not belonging to the system
established by this Act: Provided, however, That nothing in this
Act shall be construed to deny the right of the Secretary of the Treasury
to use member banks as depositories. |
Proviso. Use of
member banks as depositories. |
| Federal reserve notes. |
NOTE ISSUES. |
Issue authorized. 12 USC Sec. 411
|
SEC. 16. Federal reserve
notes, to be issued at the discretion of the Federal Reserve Board for the
purpose of making advances to Federal reserve banks through the Federal
reserve agents as hereinafter set forth and for no other purpose, are
hereby authorized. The said notes shall be obligations of the United
States and shall be receivable by all national and member banks and
Federal reserve banks and for all taxes, customs, and other public dues.
They shall be redeemed in gold on demand at the Treasury Department of the
United States, in the city of Washington, District of Columbia, or in gold
or lawful money at any Federal reserve bank. |
| Receivability. |
| Redemption. |
| Applications for, by reserve
banks. |
Any Federal reserve bank may make application to
the local Federal reserve agent for such amount of the Federal reserve
notes hereinbefore provided for as it may require. Such application shall
be accompanied with a tender to the local Federal reserve agent of
collateral in amount equal to the sum of the Federal reserve notes thus
applied for and issued pursuant to such application. The collateral
security thus offered shall be notes and bills, accepted for rediscount
under the provisions of section thirteen of this Act, and the Federal
reserve agent shall each day notify the Federal Reserve Board of all
issues and withdrawals of Federal reserve notes to and by the Federal
reserve bank to which he is accredited. The said Federal Reserve Board may
at any time call upon a Federal reserve bank for additional security to
protect the Federal notes issued to it. |
Collateral required. 12 USC Sec. 412
|
| Ante, Sec. 13. |
| Additional security. |
| Reserves required for deposits and
circulation. |
Every Federal reserve bank shall maintain
reserves in gold or lawful money of not less than thirty-five per centum
against its deposits and reserves in gold of not less than forty per
centum against its Federal reserve notes in actual circulation, and not
offset by gold or lawful money deposited with the Federal reserve agent.
Notes so paid out shall bear upon their faces a distinctive letter and
serial number, which shall be assigned by the Federal Reserve Board to
each Federal reserve bank. Whenever Federal reserve notes issued through
one Federal reserve bank shall be received by another Federal reserve bank
they shall be promptly returned for credit or redemption to the Federal
reserve bank through which they were originally issued. No Federal reserve
bank shall pay out notes issued through another under penalty of a tax of
ten per centum upon the face value of notes so paid out. Notes presented
for redemption at the Treasury of the United States shall be paid out of
the redemption fund and returned to the Federal reserve banks through
which they were originally issued, and thereupon such Federal reserve bank
shall, upon demand of the Secretary of the Treasury, reimburse such
redemption fund in lawful money or, if such Federal reserve notes have
been redeemed by the Treasurer in gold or gold certificates, then such
funds shall be reimbursed to the extent deemed necessary by the Secretary
of the Treasury in gold or gold certificates, and such Federal reserve
bank shall, so long as any of its Federal reserve notes remain
outstanding, maintain with the Treasurer in gold an amount sufficient in
the judgment of the Secretary to provide for all redemptions to be made by
the Treasurer. Federal reserve notes received by the Treasury, otherwise
than for redemption, may be exchanged for gold out of the redemption fund
hereinafter provided and returned to the reserve bank through which they
were originally issued, or they may be returned to such bank for credit of
the United States. Federal reserve notes unfit for circulation shall be
returned by the Federal reserve agents to the Comptroller of the Currency
for cancellation and destruction. |
| Designation of notes. |
| Reserve banks to return notes to
issuing banks. |
| Penalty for using
otherwise. |
| Redemption at the
Treasury. |
| Reimbursement by reserve
bank. |
| Gold reserve to be
kept. |
| Destruction of unfit
notes. |
| Gold-redemption fund to be kept in
Treasury.
| The Federal Reserve Board shall require each
Federal reserve bank to maintain on deposit in the Treasury of the United
States a sum in gold sufficient in the judgment of the Secretary of the
Treasury for the redemption of the Federal reserve notes issued to such
bank, but in no event less than five per centum; but such deposit of gold
shall be counted and included as part of the forty per centum reserve
hereinbefore required. The board shall have the right, acting through the
Federal reserve agent, to grant in whole or in part or to reject entirely
the application of any Federal reserve bank for Federal reserve notes; but
to the extent that such application may be granted the Federal Reserve
Board shall, through its local Federal reserve agent, supply Federal
reserve notes to the bank so applying, and such bank shall be charged with
the amount of such notes and shall pay such rate of interest on said
amount as may be established by the Federal Reserve Board, and the amount
of such Federal reserve notes so issued to any such bank shall, upon
delivery, together with such notes of such Federal reserve bank as may be
issued under section eighteen of this Act upon security of United States
two per centum Government bonds, become a first and paramount lien on all
assets of such bank. |
Reserve Board to control note
issue. 12 USC
Sec. 414 |
| Interest to be
paid. |
| Post, Sec.
18. |
| Lien created. |
| Reduction of reserve
liability. |
Any Federal reserve bank may at any time reduce its
liability for outstanding Federal reserve notes by depositiig, with the
Federal reserve agent, its Federal reserve notes, gold, gold certificates,
or lawful money of the United States. Federal reserve notes so deposited
shall not be reissued, except upon compliance with the conditions of an
original issue. |
| Reserve agent's duties. |
The Federal reserve agent shall hold such gold,
gold certificates, or lawful money available exclusively for exchange for
the outstanding Federal reserve notes when offered by the reserve bank of
which he is a director. Upon the request of the Secretary of the Treasury
the Federal Reserve Board shall require the Federal reserve agent to
transmit so much of said gold to the Treasury of the United States as may
be required for the exclusive purpose of the redemption of such
notes. |
| Transfer of gold to the
Treasury. |
| Exchange of collateral. |
Any Federal reserve bank may at its discretion withdraw
collateral deposited with the local Federal reserve agent for the
protection of its Federal reserve notes deposited with it and shall at the
same time substitute therefor other like collateral of equal amount with
the approval of the Federal reserve agent under regulations to be
prescribed by the Federal Reserve Board. |
Provision for printing, etc.,
notes. 12 USC
Sec. 418 |
In order to furnish suitable notes for circulation as
Federal reserve notes, the Comptroller of the Currency shall, under the
direction of the Secretary of the Treasury, cause plates and dies to be
engraved in the best manner to guard against counterfeits and fraudulent
alterations, and shall have printed therefrom and numbered such quantities
of such notes of the denominations of $5, $10, $20, $50, $100, as may be
required to supply the Federal reserve banks. Such notes shall be in form
and tenor as directed by the Secretary of the Treasury under the
provisions of this Act and shall bear the distinctive numbers of the
several Federal reserve banks through which they are issued. |
Custody of notes before
issue. 12 USC
Sec. 417 |
When such notes have been prepared, they shall be
deposited in the Treasury, or in the subtreasury or mint of the United
States nearest the place of business of each Federal reserve bank and
shall be held for the use of such bank subject to the order of the
Comptroller of the Currency for their delivery, as provided by this
Act. |
| Custody of plates and
dies. |
The plates and dies to be procured by the Comptroller of
the Currency for the printing of such circulating notes shall remain under
his control and direction, and the expenses necessarily incurred in
executing the laws relating to the procuring of such notes, and all other
expenses incidental to their issue and retirement, shall be paid by the
Federal reserve banks, and the Federal Reserve Board shall include in its
estimate of expenses levied against the Federal reserve banks a sufficient
amount to cover the expenses herein provided for. |
Annual examination of plates,
etc. R. S., sec. 5174, p. 1000. |
The examination of plates, dies, bed pieces, and so forth,
and regulations relating to such examination of plates, dies, and so forth
of national-bank notes provided for in section fifty-one hundred and
seventy-four Revised Statutes, is hereby extended to include notes herein
provided for. |
Payment for engraving, printing,
paper, etc. Vol. 35, p. 547. |
Any appropriation heretofore made out of the
general funds of the Treasury for engraving plates and dies, the purchase
of distinctive paper, or to cover any other expense in connection with the
printing of national-bank notes or notes provided for by the Act of May
thirtieth, nineteen hundred and eight, and any distinctive paper that may
be on hand at the time of he passage of this Act may be used in the
discretion of the Secretary for the purposes of this Act, and should the
appropriations heretofore made be insufficient to meet the requirements of
this Act in addition to circulating notes provided for by existing law,
the Secretary is hereby authorized to use so much of any funds in the
Treasury not otherwise appropriated for the purpose of furnishing the
notes aforesaid: Provided, however, That nothing in this section
contained shall be construed as exempting national banks or Federal
reserve banks from their liability to reimburse the United States for any
expenses incurred in printing and issuing circulating notes. |
| Additional
appropriation. |
Proviso. Reimbursement. |
Reserve banks. Deposits,
collections, etc., authorized. |
Every Federal reserve bank shall receive on
deposit at par from member banks or from Federal reserve banks checks and
drafts drawn upon any of its depositors, and when remitted by a Federal
reserve bank, checks and draftss drawn by any depositor in any other
Federal reserve bank or member bank upon funds to the credit of said
depositor in said reserve bank or member bank. Nothing herein contained
shall be construed as prohibiting a member bank from charging its actual
expense incurred in collecting and remitting funds, or for exchange sold
to its patrons. The Federal Reserve Board shall, by rule, fix the charges
to be collected by the member banks from its patrons whose checks are
cleared through the Federal reserve bank and the charge which may be
imposed for the service of clearing or collection rendered by the Federal
reserve bank. |
| Charges for collections by member
banks. |
| Clearing house
provisions. |
The Federal Reserve Board shall make and promulgate from
time to time regulations governing the transfer of funds and charges
therefor among Federal reserve banks and their branches, and may at its
discretion exercise the functions of a clearing house for such Federal
reserve banks, or may designate a Federal reserve bank to exercise such
functions, and may also require each such bank to exercise the functions
of a clearing house for its member banks. |
National banks. Deposit of
registered bonds by, repealed. R. S., sec. 5159, p. 997,
amended. Vol. 18, p. 124; Vol. 22, p. 164. |
SEC. 17. So much of the provisions of
section fifty-one hundred and fifty-nine of the Revised Statutes of the
United States, and section four of the Act of June twentieth, eighteen
hundred and seventy-four, and section eight of the Act of July twelfth,
eighteen hundred and eighty-two, and of any other provisions of existing
statutes as require that before any national banking associations shall be
authorized to commence banking business it shall transfer and deliver to
the Treasurer of the United States a stated amount of United States
registered bonds is hereby repealed. |
| Refunding bonds. |
REFUNDING BONDS. |
| Member banks may sell bonds to
retire notes. |
SEC. 18. After two years from the
passage of this Act, and at any time during a period of twenty years
thereafter, any member bank desiring to retire the whole or any part of
its circulating notes, may file with the Treasurer of the United States an
application to sell for its account, at par and accrued interest, United
States bonds securing circulation to be retired. |
| Purchase by reserve
banks. |
The Treasurer shall, at the end of each
quarterly period, furnish the Federal Reserve Board with a list of such
applications, and the Federal Reserve Board may, in its discretion,
require the Federal reserve banks to purchase such bonds from the banks
whose applications have been filed with the Treasurer at least ten days
before the end of any quarterly period at which the Federal Reserve Board
may direct the purchase to be made: Provided, That Federal reserve
banks shall not be permitted to purchase an amount to exceed $25,000,000
of such bonds in any one year, and which amount shall include bonds
acquired under section four of this Act by the Federal reserve bank. |
Provisos. Annual
limit. |
| Ante, Sec.
4. |
| Allotment. |
Provided further, That the Federal Reserve Board
shall allot to each Federal reserve bank such proportion of such bonds as
the capital and surplus of such bank shall bear to the aggregate capital
and surplus of all the Federal reserve banks. |
| Assignment, etc. |
Upon notice from the Treasurer of the amount of
bonds so sold for its account, each member bank shall duly assign and
transfer, in writing, such bonds to the Federal reserve bank purchasing
the same, and such Federal reserve bank shall, thereupon, deposit lawful
money with the Treasurer of the United States for the purchase price of
such bonds, and the Treasurer shall pay to the member bank selling such
bonds any balance due after deducting a sufficient sum to redeem its
outstanding notes secured by such bonds, which notes shall be canceled and
permanently retired when redeemed. |
| Cancellation of outstanding notes,
etc. |
| Issue of Federal reserve
notes. |
The Federal reserve banks purchasing such bonds shall be
permitted to take out an amount of circulation notes equal to the par
value of such bonds. |
Delivery of notes on deposit of
bonds. Ante, Sec. 4. |
Upon the deposit with the Treasurer of the
United States of bonds so purchased, or any bonds with the circulating
privilege acquired under section four of this Act, any Federal reserve
bank making such deposit in the manner provided by existing law, shall be
entitled to receive from the Comptroller of the Currency circulating notes
in blank, registered and countersigned as provided by law, equal in amount
to the par value of the bonds so deposited. Such notes shall be the
obligations of the Federal reserve bank procuring the same, and shall be
in form prescribed by the Secretary of the Treasury, and to the same tenor
and effect as national-bank notes now provided by law. They shall be
issued and redeemed under the same terms and conditions as national-bank
notes except that they shall not be limited to the amount of the capital
stock of the Federal reserve bank issuing them. |
| Form and character of
notes. |
| Exchange of two per cent bonds,
for gold notes and bonds. |
Upon application of any Federal reserve bank,
approved by the Federal Reserve Board, the Secretary of the Treasury may
issue, in exchange for United States two per centum gold bonds bearing the
circulation privilege, but against which no circulation is outstanding,
one-year gold notes of the United States without the circulation
privilege, to an amount not to exceed one-half of the two per centum bonds
so tendered for exchange, and thirty-year three per centum gold bonds
without the circulation privilege for the remainder of the two per centum
bonds so tendered: Provided, That at the time of such exchange the
Federal reserve bank obtaining such one-year gold notes shall enter into
an obligation with the Secretary of the Treasury binding itself to
purchase from the United States for gold at the maturity of such one-year
notes, an amount equal to those delivered in exchange for such bonds, if
so requested by the Secretary, and at each maturity of one-year notes so
purchased by such Federal reserve bank, to purchase from the United States
such an amount of one-year notes as the Secretary may tender to such bank,
not to exceed the amount issued to such bank in the first instance, in
exchange for the two per centum United States gold bonds; said obligation
to purchase at maturity such notes shall continue in force for a period
not to exceed thirty years. |
Proviso. Gold purchases,
etc. |
| Authority for interest bearing
Treasury notes. |
For the purpose of making the exchange herein
provided for, the Secretary of the Treasury is authorized to issue at par
Treasury notes in coupon or registered form as he may prescribe in
denominations of one hundred dollars, or any multiple thereof, bearing
interest at the rate of three per centum per annum, payable quarterly,
such Treasury notes to be payable not more than one year from the date of
their issue in gold coin of the present standard value, and to be exempt
as to principal and interest from the payment of all taxes and duties of
the United States except as provided by this Act, as well as from taxes in
any form by or under State, municipal, or local authorities. And for the
same purpose, the Secretary is authorized and empowered to issue United
States gold bonds at par, bearing three per centum interest payable thirty
years from date of issue, such bonds to be of the same general tenor and
effect and to be issued under the same general terms and conditions as the
United States three per centum bonds without the circulation privilege now
issued and outstanding. |
| Issue of three per cent
bonds. |
| Exchange of gold notes for
bonds. |
Upon application of any Federal reserve bank, approved by
the Federal Reserve Board, the Secretary may issue at par such three per
centum bonds in exchange for the one-year gold notes herein provided
for. |
| Bank reserves. |
BANK RESERVES. |
| Demand and time deposits
construed. |
SEC. 19. Demand deposits within the
meaning of this Act shall comprise all deposits payable within thirty
days, and time deposits shall comprise all deposits payable after thirty
days, and all savings accounts and certificates of deposit which are
subject to not less than thirty days' notice before payment. |
Reserves required for
deposits. 12
USC Sec. 461 |
When the Secretary of the Treasury shall have officially
announced, in such manner as he may elect, the establishment of a Federal
reserve bank in any district, every subscribing member bank shall
establish and maintain reserves as follows: |
| Banks not in reserve or
central reserve cities. |
(a) A bank not in a reserve or central reserve city as now
or hereafter defined shall hold and maintain reserves equal to twelve per
centum of the aggregate amount of its demand deposits and five per centum
of its time deposits, as follows: |
| In its vaults for a period of thirty-six months after said
date five-twelfths thereof and permanently thereafter four-twelfths. |
| In the Federal reserve bank of its district, for a period
of twelve months after said date, two-twelfths, and for each succeeding
six months an additonal one-twelfth, until five-twelfths have been so
deposited, which shall be the amount permanently required. |
| For a period of thirty-six months after said date the
balance of the reserves may be held in its own vaults, or in the Federal
reserve bank, or in national banks in reserve or central reserve cities as
now defined by law. |
| After said thirty-six months' period said reserves, other
than those hereinbefore required to be held in the vaults of the member
bank and in the Federal reserve bank, shall be held in the vaults of the
member bank or in the Federal reserve bank, or in both, at the option of
the member bank. |
| In reserve
cities. |
(b) A bank in a reserve city, as now or hereafter defined,
shall hold and maintain reserves equal to fifteen per centum of the
aggregate amount of its demand deposits and five per centum of its time
deposits, as follows: |
| In its vaults for a period of thirty-six months after said
date six-fifteenths thereof, and permanently thereafter
five-fifteenths. |
| In the Federal reserve bank of its district for a period
of twelve months after the date aforesaid at least three-fifteenths, and
for each succeeding six months an additional one-fifteenth, until
six-fifteenths have been so deposited, which shall be the amount
permanently required. |
| For a period of thirty-six months after said date the
balance of the reserves may be held in its own vaults, or in the Federal
reserve bank, or in national banks in reserve or central reserve cities as
now defined by law. |
| After said thirty-six months' period all of said reserves,
except those hereinbefore required to be held permanently in the vaults of
the member bank and in the Federal reserve bank, shall be held in its
vaults or in the Federal reserve bank, or in both, at the option of th
member bank. |
| In central reserve
cities. |
(c) A bank in a central reserve city, as now or hereafter
defined, shall hold and maintain a reserve equal to eighteen per centum of
the aggregate amount of its demand deposits and five per centum of its
time deposits, as follows: |
| In its vaults six-eighteenths thereof. |
| In the Federal reserve bank seven-eighteenths. |
| The balance of said reserves shall be held in its own
vaults or in the Federal reserve bank, at its option. |
Acceptance of eligible paper as
part of reserves. Post, sec. 14. |
Any Federal reserve bank may receive from the member banks
as reserves, not exceeding one-half of each installment, eligible paper as
described in section fourteen properly indorsed and acceptable to the said
reserve bank. |
Reserves by State banks or trust
companies. Post, sec. 14. |
If a State bank or trust company is required by
the law of its State to keep its reserves either in its own vaults or with
another State bank or trust company, such reserve deposits so kept in such
State bank or trust company shall be construed, within the meaning of this
section, as if they were reserve deposits in a national bank in a reserve
or central reserve city for a period of three years after the Secretary of
the Treasury shall have officially announced the establishment of a
Federal reserve bank in the district in which such State bank or trust
company is situate. Except as thus provided, no member bank shall keep on
deposit with any nonmember bank a sum in excess of ten per centum of its
own paid-up capital and surplus. No member bank shall act as the medium or
agent of a nonmember bank in applying for or receiving discounts from a
Federal reserve bank under the provisions of this Act except by permission
of the Federal Reserve Board. |
| Restrictions on deposits, etc., by
member banks. |
| Use of reserves. |
The reserve carried by a member bank with a
Federal reserve bank may, under the regulations and subject to such
penalties as may be prescribed by the Federal Reserve Board, be checked
against and withdrawn by such member bank for the purpose of meeting
existing liabilities: Provided, however, That no bank shall at any
time make new loans or shall pay any dividends unless and until the total
reserve required by law is fully restored. |
Proviso. Restriction. |
| Basis or reserves. |
In estimating the reserves required by this Act, the net
balance of amounts due to and from other banks shall be taken as the basis
for ascertaining the deposits against which reserves shall be determined.
Balances in reserve banks due to member banks shall, to the extent herein
provided, be counted as reserves. |
| Alaskan and insular
banks. |
Natonal banks located in Alaska or outside the
continental United States may remain nonmember banks, and shall in that
even maintain reserves and comply with all the conditons now provided by
law regulating them; or said banks, except in the Phillipine Islands, may,
with the consent of the Reserve Board, become member banks of any one of
the reserve districts, and shall, in that event, take stock, maintain
reserves, and be subject to all the other provisions of this Act. |
| Banks in the Phillipine
Islands. |
National bank redemption funds not
to be part of reserve. Vol. 18, p. 123. |
SEC. 20. So much of sections two and
three of the Act of June twentieth, eighteen hundred and seventy-four,
entitled "An Act fixing the amount of United States notes, providing for a
redistribution of the national-bank currency, and for other purposes," as
provides that the fund deposited by any national banking association with
the Treasurer of the United States for the redemption of its notes shall
be counted as a part of its lawful reserve as provided in the Act
aforesaid, is hereby repealed. And from and after the passage of this Act
such fund of five per centum shall in no case be counted by any national
banking association as a part of its lawful reserve. |
| Bank examinations |
BANK EXAMINATIONS. |
Examiners. R. S., sec. 5240, p.
1013, amended. |
SEC. 21. Section fifty-two hundred and
forty, United States Revised Statutes, is amended to read as follows: |
| Appointments, etc. |
The Comptroller of the Currency, with the
approval of the Secretary of the Treasury, shall appoint examiners who
shall examine every member bank at least twice in each calendar year and
oftener if considered necessary: Provided, however, that the
Federal Reserve Board may authorize examination by the State authorities
to be accepted in the case of State banks and trust compaines and may at
any time direct the holding of a special examination of State banks or
trust companies that are stockholders in any Federal reserve bank. The
examiner making the examination of any national bank, or of any other
member bank, shall have power to make a thorough examination of all the
affairs of the bank and in doing so he shall have power to administer
oaths and to examine any of the officers and agents thereof under oath and
shall make a full and detailed report of the condition of said bank to the
Comptroller of the Currency. |
Proviso. Acceptance of
State examinatons. |
| Authority, etc., of
examiners. |
| Salaries and expenses. |
The Federal Reserve Board, upon the recommendation of the
Comptroller of the Currency, shall fix the salaries of all bank examiners
and make report thereof to Congress. The expense of the examinations
herein provided for shall be assessed by the Comptroller of the Currency
upon the banks examined in proportion to assets or resources held by the
banks upon the dates of examination of the various banks. |
| Special examinations. |
In addition to the examinations made and conducted by the
Comptroller of the Currency, every Federal reserve bank may, with the
approval of the Federal reserve agent or the Federal Reserve Board,
provide for special examination of member banks within its district. The
expense of such examinations shall be borne by the bank examined. Such
examinations shall be so conducted as to inform the Federal reserve bank
of the condition of its member banks and of the lines of credit which are
being extended by them. Every Federal reserve bank shall at all times
furnish to the Federal Reserve Board such information as may be demanded
concerning the condition of any member bank within the district of the
said Federal reserve bank. |
| Limit of other
examinations. |
No bank shall be subject to any visitatorial powers other
than such as are authorized by law, or vested in the courts of justice or
such as shall be or shall have been exercised or directed by Congress, or
by either House thereof or by any committee of Congress or of either House
duly authorized. |
| |