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12 U.S.C. § 333Mutual savings banks; application and admission to membership in Federal Reserve System

submitted 113 years ago by ch. 6 to r/title-12-BANKS-AND-BANKING · 540 words · no verdicts yet

in plain englishAI-generated · not legal advice

A mutual savings bank without capital stock can join the Federal Reserve System if it has enough surplus. It must buy or deposit an amount equal to six-tenths of one percent of its total deposits. This amount adjusts twice yearly, and the bank must follow the same rules as other member banks.

This section lets a special kind of bank — a mutual savings bank that has no capital stock — join the Federal Reserve System. This includes any other banking institution whose capital consists of weekly or other time deposits, kept segregated from all other deposits and regarded as capital stock for purposes of taxation and the declaration of dividends. To qualify, the bank's surplus and undivided profits must be at least as much as the capital a national bank would need to organize in the same place. If it qualifies, the bank can apply for and be admitted to Federal Reserve membership the same way state banks and trust companies are — under the same laws — except that the savings bank must subscribe for Federal Reserve Bank capital stock equal to six-tenths of 1 percent of its total deposit liabilities, based on its most recent examination report before joining. After that, this subscription is adjusted every six months, on the same percentage basis, under rules the Board of Governors of the Federal Reserve System prescribes. If a mutual savings bank applying for membership isn't permitted by the laws under which it was organized to buy stock in a Federal Reserve bank, it must instead deposit with the Federal Reserve bank an amount equal to what it would have paid on a stock subscription. That deposit is likewise adjusted every six months, the same way stock subscriptions are. The deposit is subject to the same conditions on repayment as amounts other member banks pay on capital stock subscriptions, and the Federal Reserve bank must pay interest on it at the same rate it actually pays as dividends on its outstanding stock. If the state law under which the bank was organized is later amended to let mutual savings banks subscribe for Federal Reserve bank stock, the bank must then subscribe for the appropriate amount of stock, and the earlier deposit is applied toward that subscription. If the state law isn't amended by the next legislative session after the bank joins — to allow mutual savings banks to buy Federal Reserve bank stock — or if it is amended but the bank fails to buy the stock within six months after that, the bank forfeits all its rights and privileges as a member bank, and its Federal Reserve System membership ends the same way membership is terminated for State member banks and trust companies. Every such mutual savings bank must comply with all the laws that apply to State member banks and trust companies, with the Board of Governors' regulations, and with the conditions of membership set for the bank when it was admitted — except as this section says otherwise about capital stock.
the actual law source: uscode.house.gov ↗public domain

Any mutual savings bank having no capital stock (including any other banking institution the capital of which consists of weekly or other time deposits which are segregated from all other deposits and are regarded as capital stock for the purposes of taxation and the declaration of dividends), but having surplus and undivided profits not less than the amount of capital required for the organization of a national bank in the same place, may apply for and be admitted to membership in the Federal Reserve System in the same manner and subject to the same provisions of law as State banks and trust companies, except that any such savings bank shall subscribe for capital stock of the Federal reserve bank in an amount equal to six-tenths of 1 per centum of its total deposit liabilities as shown by the most recent report of examination of such savings bank preceding its admission to membership. Thereafter such subscription shall be adjusted semiannually on the same percentage basis in accordance with rules and regulations prescribed by the Board of Governors of the Federal Reserve System. If any such mutual savings bank applying for membership is not permitted by the laws under which it was organized to purchase stock in a Federal reserve bank, it shall, upon admission to the system, deposit with the Federal reserve bank an amount equal to the amount which it would have been required to pay in on account of a subscription to capital stock. Thereafter such deposit shall be adjusted semiannually in the same manner as subscriptions for stock. Such deposits shall be subject to the same conditions with respect to repayment as amounts paid upon subscriptions to capital stock by other member banks and the Federal reserve bank shall pay interest thereon at the same rate as dividends are actually paid on outstanding shares of stock of such Federal reserve bank. If the laws under which any such savings bank was organized be amended so as to authorize mutual savings banks to subscribe for Federal reserve bank stock, such savings bank shall thereupon subscribe for the appropriate amount of stock in the Federal reserve bank, and the deposit hereinbefore provided for in lieu of payment upon capital stock shall be applied upon such subscription. If the laws under which any such savings bank was organized be not amended at the next session of the legislature following the admission of such savings bank to membership so as to authorize mutual savings banks to purchase Federal reserve bank stock, or if such laws be so amended and such bank fail within six months thereafter to purchase such stock, all of its rights and privileges as a member bank shall be forfeited and its membership in the Federal Reserve System shall be terminated in the manner prescribed in this subchapter with respect to State member banks and trust companies. Each such mutual savings bank shall comply with all the provisions of law applicable to State member banks and trust companies, with the regulations of the Board of Governors of the Federal Reserve System and with the conditions of membership prescribed for such savings bank at the time of admission to membership, except as otherwise hereinbefore provided with respect to capital stock.

Source credit: (Dec. 23, 1913, ch. 6, § 9 (par.), as added June 16, 1933, ch. 89, § 5(c), 48 Stat. 164; amended 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 · 48 Stat. 164
  • 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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