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12 U.S.C. § 328Withdrawals from membership

submitted 113 years ago by ch. 6 to r/title-12-BANKS-AND-BANKING · 331 words · no verdicts yet

in plain englishAI-generated · not legal advice

A state bank can leave the Federal Reserve after six months' notice. It must also surrender its Reserve Bank stock. The Board can waive that wait but caps yearly withdrawals at 25% of stock.

A state bank or trust company that wants to leave ("withdraw from") membership in a Federal Reserve bank can do so once it has filed six months' written notice with the Board of Governors of the Federal Reserve System, and has surrendered and canceled all its Federal Reserve stock. The Board can, at its discretion and under whatever conditions it sets, waive that six-month wait in individual cases and let a bank withdraw sooner. But except with the Board's express permission, no Federal Reserve bank can cancel more than 25 percent of its own capital stock in the same calendar year for the purpose of voluntary withdrawals. Applications are handled in the order they're filed. Once a member bank surrenders its stock — whether voluntarily or because the Board orders it to — all its rights and privileges as a member bank end immediately. After any debts it owes the Reserve bank are settled, the bank is entitled to a refund of what it paid for its stock, plus interest at half of one percent per month since its last dividend (if any was earned) — though the refund can never exceed the stock's book value at that time. The bank is also entitled to get back its deposits and any other balance the Reserve bank owes it.
the actual law source: uscode.house.gov ↗public domain

Any State bank or trust company desiring to withdraw from membership in a Federal Reserve bank may do so, after six months’ written notice shall have been filed with the Board of Governors of the Federal Reserve System, upon the surrender and cancellation of all of its holdings of capital stock in the Federal reserve bank: Provided, That the Board of Governors of the Federal Reserve System, in its discretion and subject to such conditions as it may prescribe, may waive such six months’ notice in individual cases and may permit any such State bank or trust company to withdraw from membership in a Federal reserve bank prior to the expiration of six months from the date of the written notice of its intention to withdraw: Provided, however, That no Federal reserve bank shall, except under express authority of the Board of Governors of the Federal Reserve System, cancel within the same calendar year more than 25 per centum of its capital stock for the purpose of effecting voluntary withdrawals during that year. All such applications shall be dealt with in the order in which they are filed with the board. Whenever a member bank shall surrender its stock holdings in a Federal reserve bank, or shall be ordered to do so by the Board of Governors of the Federal Reserve System, under authority of law, all of its rights and privileges as a member bank shall thereupon cease and determine, and after due provision has been made for any indebtedness due or to become due to the Federal reserve bank it shall be entitled to a refund of its cash-paid subscription with interest at the rate of one-half of 1 per centum per month from date of last dividend, if earned, the amount refunded in no event to exceed the book value of the stock at that time, and shall likewise be entitled to repayment of deposits and of any other balance due from the Federal reserve bank.

Source credit: (Dec. 23, 1913, ch. 6, § 9 (par.), as added June 21, 1917, ch. 32, § 3, 40 Stat. 233; amended Apr. 17, 1930, ch. 175, 46 Stat. 170; Aug. 23, 1935, ch. 614, title II, § 203(a), 49 Stat. 704.)

history & why it existsrecord from the source credit
  • 1913Enacted · Act of Dec. 23, 1913, ch. 6 · 40 Stat. 233
  • 1930Amended · Act of Apr. 17, 1930, ch. 175 · 46 Stat. 170
  • 1935Amended · Act of Aug. 23, 1935, ch. 614 · 49 Stat. 704

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

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