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12 U.S.C. § 29Power to hold real property

submitted 99 years ago by Pub. L. 96-221 to r/title-12-BANKS-AND-BANKING · 412 words · no verdicts yet

in plain englishAI-generated · not legal advice

A national bank may only own real estate for specific purposes, like its own office space or property taken to secure or settle a debt. It normally can't hold such property for more than five years, though the Comptroller of the Currency can approve up to five more years. A special rule lets banks keep certain undervalued real estate they already held as of October 15, 1982.

This is one undivided provision. It is explained here by walking through the listed purposes and rules. A national banking association may purchase, hold, and convey (sell or transfer) real estate, but only for these purposes and no others: First: real estate necessary for conducting its own business, such as office space. Second: real estate mortgaged to it in good faith, to secure debts previously contracted (owed to it). Third: real estate conveyed to it to satisfy debts previously contracted. Fourth: real estate it purchases at a sale under a judgment, decree, or mortgage it holds, or purchases to secure debts owed to it. Time limit: the bank ordinarily may not hold possession of real estate under mortgage, or hold title and possession of real estate purchased to secure a debt, for longer than five years. The Comptroller of the Currency may approve holding it for a longer period — up to five additional years — if either: (1) the association made a good faith attempt to dispose of the real estate within the first five years, or (2) disposing of it within five years would be detrimental to the association. Improvements: if the association notifies the Comptroller that conditions exist requiring it to spend funds developing or improving the real estate, the association may spend what is needed to recover its total investment, subject to conditions the Comptroller sets. Special exception: despite the five-year holding limit, or any other provision of title 62 of the Revised Statutes, a national banking association that on October 15, 1982 held real estate (including subsurface rights or interests) that had not been valued on its books for more than a nominal amount since December 31, 1979, may continue to hold that real estate for as long as a state-chartered bank in that state would be allowed to — as long as the earnings from that real estate are separately disclosed in the association's annual financial statements.
the actual law source: uscode.house.gov ↗public domain

A national banking association may purchase, hold, and convey real estate for the following purposes, and for no others:

First. Such as shall be necessary for its accommodation in the transaction of its business.

Second. Such as shall be mortgaged to it in good faith by way of security for debts previously contracted.

Third. Such as shall be conveyed to it in satisfaction of debts previously contracted in the course of its dealings.

Fourth. Such as it shall purchase at sales under judgments, decrees, or mortgages held by the association, or shall purchase to secure debts due to it.

But no such association shall hold the possession of any real estate under mortgage, or the title and possession of any real estate purchased to secure any debts due to it, for a longer period than five years except as otherwise provided in this section.

For real estate in the possession of a national banking association upon application by the association, the Comptroller of the Currency may approve the possession of any such real estate by such association for a period longer than five years, but not to exceed an additional five years, if (1) the association has made a good faith attempt to dispose of the real estate within the five-year period, or (2) disposal within the five-year period would be detrimental to the association. Upon notification by the association to the Comptroller of the Currency that such conditions exist that require the expenditure of funds for the development and improvement of such real estate, and subject to such conditions and limitations as the Comptroller of the Currency shall prescribe, the association may expend such funds as are needed to enable such association to recover its total investment.

Notwithstanding the five-year holding limitation of this section or any other provision of title 62 of the Revised Statutes, any national banking association which on October 15, 1982, held, directly or indirectly, real estate, including any subsurface rights or interests therein, that since December 31, 1979, had not been valued on the books of such association for more than a nominal amount, may continue to hold such real estate, rights, or interests for such longer period of time as would be permitted a State chartered bank by the law of the State in which the association is located if the aggregate amount of earnings from such real estate, rights, or interests is separately disclosed in the annual financial statements of the association.

Source credit: (R.S. § 5137; Feb. 25, 1927, ch. 191, § 3, 44 Stat. 1227; Pub. L. 96–221, title VII, § 701(a), Mar. 31, 1980, 94 Stat. 186; Pub. L. 97–25, title III, § 302, July 27, 1981, 95 Stat. 145; Pub. L. 97–320, title IV, § 413, Oct. 15, 1982, 96 Stat. 1521.)

history & why it existsrecord from the source credit
  • 1927Enacted · Act of Feb. 25, 1927, ch. 191 · 44 Stat. 1227
  • 1980Amended · Pub. L. 96-221 · 94 Stat. 186
  • 1981Amended · Pub. L. 97-25 · 95 Stat. 145
  • 1982Amended · Pub. L. 97-320 · 96 Stat. 1521

A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-221 on 1927-02-25.

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