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12 U.S.C. § 501Liability of Federal reserve or member bank for certifying check when amount of deposit was inadequate

submitted 108 years ago by Congress to r/title-12-BANKS-AND-BANKING · 240 words · no verdicts yet

in plain englishAI-generated · not legal advice

It's illegal for a bank officer or employee to certify a check unless the account holder has enough money on deposit to cover it. A certified check is still valid and binding on the bank. But the bank and the employee who broke this rule can face penalties.

No officer, director, agent, or employee of a Federal Reserve bank or member bank may certify a check unless the person or company writing the check has at least that much money on deposit at the time of certification. A check certified this way by an authorized officer, director, agent, or employee is still a good, valid, binding obligation of the bank. But if someone violates this rule, the consequences are: the Board of Governors of the Federal Reserve System may, at its discretion, penalize the Federal Reserve bank under the penalties described in section 248(h) of this title. If the member bank is a national bank, it can face liability and proceedings under section 192 of this title, handled by the Comptroller of the Currency. And the Board of Governors may, at its discretion, penalize any other member bank under a separate penalty provision (subchapter VIII of chapter 3 of this title) for violating this chapter.
the actual law source: uscode.house.gov ↗public domain

It shall be unlawful for any officer, director, agent, or employee of any Federal reserve bank, or any member bank as defined in this chapter, to certify any check drawn upon such Federal reserve bank or member bank unless the person, firm, or corporation drawing the check has on deposit with such Federal reserve bank or member bank, at the time such check is certified, an amount of money not less than the amount specified in such check. Any check so certified by a duly authorized officer, director, agent, or employee shall be a good and valid obligation against such Federal reserve bank or member bank; but the act of any officer, director, agent, or employee of any such Federal reserve bank or member bank in violation of this section shall, in the discretion of the Board of Governors of the Federal Reserve System, subject such Federal reserve bank to the penalties imposed by subsection (h) of section 248 of this title, and shall subject such member banks, if a national bank, to the liability and proceedings on the part of the Comptroller of the Currency provided for in section 192 of this title, and shall, in the discretion of the Board of Governors of the Federal Reserve System, subject any other member bank to the penalties imposed by subchapter VIII of chapter 3 of this title for the violation of any of the provisions of this chapter.

Source credit: (R.S. § 5208; Sept. 26, 1918, ch. 177, § 7, 40 Stat. 972; Feb. 25, 1927, ch. 191, § 12, 44 Stat. 1231; Aug. 23, 1935, ch. 614, title II, § 203(a), 49 Stat. 704.)

history & why it existsrecord from the source credit
  • 1918Enacted · Act of Sept. 26, 1918, ch. 177 · 40 Stat. 972
  • 1927Amended · Act of Feb. 25, 1927, ch. 191 · 44 Stat. 1231
  • 1935Amended · Act of Aug. 23, 1935, ch. 614 · 49 Stat. 704

A history note hasn’t been published yet.

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