12 U.S.C. § 347 — Advances to member banks on their notes
submitted 113 years ago by ch. 6 to r/title-12-BANKS-AND-BANKING · 392 words · no verdicts yet
A Federal Reserve Bank can lend money to its member banks for up to 15 days. The loan must be backed by government securities or certain other approved collateral. Longer 90-day loans are allowed too, if backed by other approved paper like eligible notes or bankers' acceptances.
A Federal Reserve Bank can make short-term loans, called "advances," to its own member banks. These loans are backed by the bank's promissory note (a written promise to repay), plus collateral the member bank puts up.
For loans lasting up to 15 days, the collateral can be U.S. government bonds, notes, certificates of indebtedness, or Treasury bills; or bonds and other debt issued by Federal intermediate credit* banks that Federal Reserve Banks are allowed to buy under section 350; or certain bonds issued under section 1463(c).
For loans lasting up to 90 days, the collateral can instead be notes, drafts, bills of exchange, or bankers' acceptances that are eligible for Federal Reserve rediscount or purchase, or other obligations eligible for purchase under section 355.
Each Federal Reserve Bank sets its own interest rates for these advances, but the Board of Governors of the Federal Reserve System reviews and approves those rates.
If a member bank gets one of these advances, and then — despite an official warning from its regional Reserve Bank or the Board of Governors — increases its loans that are secured by stocks, bonds, or similar securities, or its loans to stock exchange members, investment houses, or securities dealers for buying or holding securities (other than U.S. government obligations), then the advance immediately becomes due and payable in full. That bank also becomes ineligible to borrow under this section, for as long as the Board of Governors decides.
There is one exception: this penalty does not apply to short-term "carrying" or "clearance" loans made solely to help complete the purchase or delivery of securities that were offered to the public for subscription.
Any Federal reserve bank may make advances for periods not exceeding fifteen days to its member banks on their promissory notes secured by the deposit or pledge of bonds, notes, certificates of indebtedness, or Treasury bills of the United States, or by the deposit or pledge of debentures or other such obligations of Federal intermediate credit* banks which are eligible for purchase by Federal reserve banks under section 350 of this title, or by the deposit or pledge of bonds issued under the provisions of subsection (c) of section 1463 1 of this title; and any Federal reserve bank may make advances for periods not exceeding ninety days to its member banks on their promissory notes secured by such notes, drafts, bills of exchange, or bankers’ acceptances as are eligible for rediscount or for purchase by Federal reserve banks under the provisions of this chapter, or secured by such obligations as are eligible for purchase under section 355 of this title. All such advances shall be made at rates to be established by such Federal reserve banks, such rates to be subject to the review and determination of the Board of Governors of the Federal Reserve System. If any member bank to which any such advance has been made shall, during the life or continuance of such advance, and despite an official warning of the reserve bank of the district or of the Board of Governors of the Federal Reserve System to the contrary, increase its outstanding loans secured by collateral in the form of stocks, bonds, debentures, or other such obligations, or loans made to members of any organized stock exchange, investment house, or dealer in securities, upon any obligation, note, or bill, secured or unsecured, for the purpose of purchasing and/or carrying stocks, bonds, or other investment securities (except obligations of the United States) such advance shall be deemed immediately due and payable, and such member bank shall be ineligible as a borrower at the reserve bank of the district under the provisions of this section for such period as the Board of Governors of the Federal Reserve System shall determine: Provided, That no temporary carrying or clearance loans made solely for the purpose of facilitating the purchase or delivery of securities offered for public subscription shall be included in the loans referred to in this section.
Source credit: (Dec. 23, 1913, ch. 6, § 13 (par.), as added Sept. 7, 1916, ch. 461, 39 Stat. 753; amended May 19, 1932, ch. 191, § 6, 47 Stat. 160; May 12, 1933, ch. 25, title II, § 28, 48 Stat. 46; June 16, 1933, ch. 89, § 9, 48 Stat. 180; Jan. 31, 1934, ch. 7, § 16(a), 48 Stat. 348; Apr. 27, 1934, ch. 168, § 7(a), 48 Stat. 646; Aug. 23, 1935, ch. 614, title II, § 203(a), 49 Stat. 704; Pub. L. 87–353, § 3(c), Oct. 4, 1961, 75 Stat. 773; Pub. L. 90–505, § 3(a), Sept. 21, 1968, 82 Stat. 856.)
- 1913Enacted · Act of Dec. 23, 1913, ch. 6 · 39 Stat. 753
- 1932Amended · Act of May 19, 1932, ch. 191 · 47 Stat. 160
- 1933Amended · Act of May 12, 1933, ch. 25 · 48 Stat. 46
- 1933Amended · Act of June 16, 1933, ch. 89 · 48 Stat. 180
- 1934Amended · Act of Jan. 31, 1934, ch. 7 · 48 Stat. 348
- 1934Amended · Act of Apr. 27, 1934, ch. 168 · 48 Stat. 646
- 1935Amended · Act of Aug. 23, 1935, ch. 614 · 49 Stat. 704
- 1961Amended · Pub. L. 87-353 · 75 Stat. 773
- 1968Amended · Pub. L. 90-505 · 82 Stat. 856
A history note hasn’t been published yet. The record shows enactment by ch. 6 on 1913-12-23.
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