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12 U.S.C. § 414Authority of Board of Governors respecting issuance of notes; interest; lien

submitted 113 years ago by ch. 6 to r/title-12-BANKS-AND-BANKING · 199 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Federal Reserve Board can approve, partly approve, or reject a bank's request for notes. Banks that get notes must pay interest set by the Board on the uncovered part. Once issued, the notes become a first claim on all of the bank's assets.

This section is one undivided provision covering three things: how the Federal Reserve Board approves note requests, what interest banks pay, and how those notes become a lien. Approving requests: The Board of Governors of the Federal Reserve System, acting through the local Federal Reserve agent, has the right to grant a Federal Reserve bank's application for Federal Reserve notes in full, grant it in part, or reject it completely. Supplying notes and charging interest: Whatever amount the Board grants, the Board supplies to the applying bank through the local Federal Reserve agent. The bank is then charged with the value of the notes it received. The bank must pay interest, at a rate the Board of Governors sets, but only on the part of its outstanding notes that isn't backed by gold certificates — that is, on the amount of a bank's outstanding Federal Reserve notes left over after subtracting the gold certificates the Federal Reserve agent holds as collateral security. Becoming a lien: Once Federal Reserve notes are delivered to a bank, they — together with any notes that bank issued under subchapter XIII of this chapter, backed by United States 2 percent government bonds — become a "first and paramount lien" on all of that bank's assets. That means these notes count as the bank's top-priority claim: if the bank's assets ever have to cover its debts, this claim gets paid before other claims on those same assets.
the actual law source: uscode.house.gov ↗public domain

The Board of Governors of the Federal Reserve System 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 Board of Governors of the Federal Reserve System shall, through its local Federal Reserve agent, supply Federal Reserve notes to the banks so applying, and such bank shall be charged with the amount of the notes issued to it and shall pay such rate of interest as may be established by the Board of Governors of the Federal Reserve System on only that amount of such notes which equals the total amount of its outstanding Federal Reserve notes less the amount of gold certificates held by the Federal Reserve agent as collateral security. Federal Reserve notes issued to any such bank shall, upon delivery, together with such notes of such Federal Reserve bank as may be issued under subchapter XIII 1 of this chapter upon security of United States 2 per centum Government bonds, become a first and paramount lien on all the assets of such bank.

Source credit: (Dec. 23, 1913, ch. 6, § 16 (par.), 38 Stat. 266; June 21, 1917, ch. 32, § 7, 40 Stat. 237; Jan. 30, 1934, ch. 6, § 2(b)(5), 48 Stat. 338; Aug. 23, 1935, ch. 614, title II, § 203(a), 49 Stat. 704; June 12, 1945, ch. 186, § 1(b), 59 Stat. 237; Pub. L. 90–269, § 4, Mar. 18, 1968, 82 Stat. 50.)

history & why it existsrecord from the source credit
  • 1913Enacted · Act of Dec. 23, 1913, ch. 6 · 38 Stat. 266
  • 1917Amended · Act of June 21, 1917, ch. 32 · 40 Stat. 237
  • 1934Amended · Act of Jan. 30, 1934, ch. 6 · 48 Stat. 338
  • 1935Amended · Act of Aug. 23, 1935, ch. 614 · 49 Stat. 704
  • 1945Amended · Act of June 12, 1945, ch. 186 · 59 Stat. 237
  • 1968Amended · Pub. L. 90-269 · 82 Stat. 50

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

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