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12 U.S.C. § 342Deposits; exchange and collection; member and nonmember banks or other depository institutions; charges

submitted 113 years ago by ch. 6 to r/title-12-BANKS-AND-BANKING · 306 words · no verdicts yet

in plain englishAI-generated · not legal advice

A Federal Reserve Bank may accept deposits of money, notes, checks, and drafts from its member banks, other depository institutions, and the U.S. government. For exchange or collection only, it can also accept deposits from other Federal Reserve Banks and from nonmember banks that keep a required balance. Banks may charge reasonable collection fees, capped at 10 cents per $100, but never against Federal Reserve Banks.

A Federal Reserve Bank may receive deposits of current funds — in lawful money, national-bank notes, Federal reserve notes, checks, drafts, and similar items, plus maturing notes and bills for collection — from its member banks, other depository institutions, and the United States. Solely for exchange or collection, it may also receive deposits of current funds, checks, and drafts from other Federal Reserve Banks, limited to items payable within its own district, and maturing notes and bills payable within its district. Also solely for exchange or collection, it may receive similar deposits from a nonmember bank, trust company, or other depository institution — but only if that institution keeps a balance with its district's Federal Reserve Bank in an amount the Board sets, taking into account items in transit, services the Reserve Bank provides, and other factors the Board thinks are relevant. A second proviso makes clear that nothing here stops a member or nonmember bank or other depository institution from charging reasonable fees — set and regulated by the Board of Governors — for collecting or paying checks and drafts and remitting the money by exchange or otherwise. Those fees can never exceed 10 cents per $100 (or part of $100) of the total checks and drafts presented at one time. But no such fees may ever be charged against the Federal Reserve Banks themselves.
the actual law source: uscode.house.gov ↗public domain

Any Federal reserve bank may receive from any of its member banks, or other depository institutions, and from the United States, deposits of current funds in lawful money, national-bank notes, Federal reserve notes, or checks, and drafts, payable upon presentation or other items, and also, for collection, maturing notes and bills; or, solely for purposes of exchange or of collection may receive from other Federal reserve banks deposits of current funds in lawful money, national-bank notes, or checks upon other Federal reserve banks, and checks and drafts, payable upon presentation within its district or other items, and maturing notes and bills payable within its district; or, solely for the purposes of exchange or of collection, may receive from any nonmember bank or trust company or other depository institution deposits of current funds in lawful money, national-bank notes, Federal reserve notes, checks and drafts payable upon presentation or other items, or maturing notes and bills: Provided, Such nonmember bank or trust company or other depository institution maintains with the Federal Reserve bank of its district a balance in such amount as the Board determines taking into account items in transit, services provided by the Federal Reserve bank, and other factors as the Board may deem appropriate: Provided further, That nothing in this or any other section of this chapter shall be construed as prohibiting a member or nonmember bank or other depository institution from making reasonable charges, to be determined and regulated by the Board of Governors of the Federal Reserve System, but in no case to exceed 10 cents per $100 or fraction thereof, based on the total of checks and drafts presented at any one time, for collection or payment of checks and drafts and remission therefor by exchange or otherwise; but no such charges shall be made against the Federal reserve banks.

Source credit: (Dec. 23, 1913, ch. 6, § 13 (par.), 38 Stat. 263; Sept. 7, 1916, ch. 461, 39 Stat. 752; June 21, 1917, ch. 32, § 4, 40 Stat. 235; Aug. 23, 1935, ch. 614, title II, § 203(a), 49 Stat. 704; Pub. L. 96–221, title I, § 105(a), Mar. 31, 1980, 94 Stat. 139.)

history & why it existsrecord from the source credit
  • 1913Enacted · Act of Dec. 23, 1913, ch. 6 · 38 Stat. 263
  • 1916Amended · Act of Sept. 7, 1916, ch. 461 · 39 Stat. 752
  • 1917Amended · Act of June 21, 1917, ch. 32 · 40 Stat. 235
  • 1935Amended · Act of Aug. 23, 1935, ch. 614 · 49 Stat. 704
  • 1980Amended · Pub. L. 96-221 · 94 Stat. 139

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

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