ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

12 U.S.C. § 289Dividends and surplus funds of reserve banks; transfer for fiscal year 2000

submitted 113 years ago by ch. 6 to r/title-12-BANKS-AND-BANKING · 421 words · no verdicts yet

in plain englishAI-generated · not legal advice

Stockholders in Federal Reserve banks get an annual dividend on their stock, based on Treasury note yields for big banks and a flat 6% rate for smaller ones, with unpaid dividends carrying over. Leftover earnings go into each bank's surplus fund, but the total surplus across all Federal Reserve banks can't exceed about $6.8 billion; anything above that gets sent to the Treasury's general fund. For fiscal year 2000, the Reserve banks had to send an extra $3.75 billion to the Treasury and couldn't refill their surplus funds with that amount that year.

(a) Dividends and surplus funds. (1) Dividend amount. After a Federal Reserve bank pays or sets aside money for all its necessary expenses, its stockholders get an annual dividend on their paid-in capital stock. For a stockholder with total consolidated assets over $10,000,000,000, the dividend rate is the smaller of (I) the high yield on the 10-year Treasury note from the most recent auction before the dividend is paid, or (II) 6 percent. For a stockholder with total consolidated assets of $10,000,000,000 or less, the rate is a flat 6 percent. This dividend entitlement is cumulative — meaning any dividend that isn't paid in a given year still has to be paid eventually. The Board of Governors of the Federal Reserve System must adjust the $10,000,000,000 asset threshold every year, based on changes in the Gross Domestic Product Price Index published by the Bureau of Economic Analysis. (2) Surplus fund. Whatever is left of a Federal Reserve bank's net earnings, after its dividend obligations are fully paid, goes into that bank's surplus fund. (3) Limit on total surplus. The combined surplus funds of all the Federal Reserve banks cannot exceed $6,825,000,000. Any amount that would push the total surplus above that limit must instead be transferred to the Board of Governors, which sends it to the Secretary of the Treasury to be deposited in the Treasury's general fund. (b) Special transfer for fiscal year 2000. (1) Amount. The Federal Reserve banks had to transfer a total of $3,752,000,000 from their surplus funds, through the Board of Governors, to the Secretary of the Treasury, for deposit in the Treasury's general fund, in fiscal year 2000. (2) How it was divided. Of that total amount, the Board of Governors decided how much each individual Reserve bank had to pay in that fiscal year. (3) No refilling that amount. During fiscal year 2000, no Federal Reserve bank could refill its surplus fund by the amount it had to transfer under paragraph (1).
the actual law source: uscode.house.gov ↗public domain
(a) Dividends and surplus funds of reserve banks
(1) Stockholder dividends
(A) Dividend amount

After all necessary expenses of a Federal reserve bank have been paid or provided for, the stockholders of the bank shall be entitled to receive an annual dividend on paid-in capital stock of—

(i)

in the case of a stockholder with total consolidated assets of more than $10,000,000,000, the smaller of—

(I)

the rate equal to the high yield of the 10-year Treasury note auctioned at the last auction held prior to the payment of such dividend; and

(II)

6 percent; and

(ii)

in the case of a stockholder with total consolidated assets of $10,000,000,000 or less, 6 percent.

(B) Dividend cumulative

The entitlement to dividends under subparagraph (A) shall be cumulative.

(C) Inflation adjustment

The Board of Governors of the Federal Reserve System shall annually adjust the dollar amounts of total consolidated assets specified under subparagraph (A) to reflect the change in the Gross Domestic Product Price Index, published by the Bureau of Economic Analysis.

(2) Deposit of net earnings in surplus fund

That portion of net earnings of each Federal reserve bank which remains after dividend claims under paragraph (1)(A) have been fully met shall be deposited in the surplus fund of the bank.

(3) Limitation on surplus funds
(A) In general

The aggregate amount of the surplus funds of the Federal reserve banks may not exceed $6,825,000,000.

(B) Transfer to the general fund

Any amounts of the surplus funds of the Federal reserve banks that exceed, or would exceed, the limitation under subparagraph (A) shall be transferred to the Board of Governors of the Federal Reserve System for transfer to the Secretary of the Treasury for deposit in the general fund of the Treasury.

(b)1 Transfer for fiscal year 2000
(1) In general

The Federal reserve banks shall transfer from the surplus funds of such banks to the Board of Governors of the Federal Reserve System for transfer to the Secretary of the Treasury for deposit in the general fund of the Treasury, a total amount of $3,752,000,000 in fiscal year 2000.

(2) Allocated by Fed

Of the total amount required to be paid by the Federal reserve banks under paragraph (1) for fiscal year 2000, the Board shall determine the amount each such bank shall pay in such fiscal year.

(3) Replenishment of surplus fund prohibited

During fiscal year 2000, no Federal reserve bank may replenish such bank’s surplus fund by the amount of any transfer by such bank under paragraph (1).

Source credit: (Dec. 23, 1913, ch. 6, § 7(a), (b), 38 Stat. 258; Mar. 3, 1919, ch. 101, § 1, 40 Stat. 1314; June 16, 1933, ch. 89, § 4, 48 Stat. 163; Pub. L. 103–66, title III, § 3002(a), Aug. 10, 1993, 107 Stat. 337; Pub. L. 103–325, title VI, § 602(d), Sept. 23, 1994, 108 Stat. 2291; Pub. L. 106–113, div. B, § 1000(a)(5) [title III, § 302], Nov. 29, 1999, 113 Stat. 1536, 1501A–304; Pub. L. 114–94, div. C, title XXXII, §§ 32202, 32203(a), Dec. 4, 2015, 129 Stat. 1739; Pub. L. 115–123, div. C, title II, § 30205, Feb. 9, 2018, 132 Stat. 127; Pub. L. 115–174, title II, § 217, May 24, 2018, 132 Stat. 1326.)

history & why it existsrecord from the source credit
  • 1913Enacted · Act of Dec. 23, 1913, ch. 6 · 38 Stat. 258
  • 1919Amended · Act of Mar. 3, 1919, ch. 101 · 40 Stat. 1314
  • 1933Amended · Act of June 16, 1933, ch. 89 · 48 Stat. 163
  • 1993Amended · Pub. L. 103-66 · 107 Stat. 337
  • 1994Amended · Pub. L. 103-325 · 108 Stat. 2291
  • 1999Amended · Pub. L. 106-113 · 113 Stat. 1536, 1501
  • 2015Amended · Pub. L. 114-94 · 129 Stat. 1739
  • 2018Amended · Pub. L. 115-123 · 132 Stat. 127
  • 2018Amended · Pub. L. 115-174 · 132 Stat. 1326

A history note hasn’t been published yet. The record shows enactment by ch. 6 on 1913-12-23.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case