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12 U.S.C. § 501aForfeiture of franchise of national banks for failure to comply with provisions of this chapter

submitted 113 years ago by ch. 6 to r/title-12-BANKS-AND-BANKING · 234 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law says a national bank loses its charter and all related rights if it doesn't join the Federal Reserve System, or otherwise breaks these banking rules, within a year of December 23, 1913. A court has to confirm the violation first, and directors can be held personally liable.

If a national bank that already existed in the United States doesn't become a Federal Reserve member bank, or doesn't follow the other rules in this chapter, within one year of December 23, 1913, it loses every right, privilege, and franchise it had under the national-bank laws or this chapter. But before that happens, a U.S. court with authority over the area where the bank sits must first decide the bank actually broke the rules. The Comptroller of the Currency brings that lawsuit, acting under direction of the Board of Governors of the Federal Reserve System. If the violation is something other than simply failing to join as a member bank, every director who took part in or agreed to it can be held personally liable for any damages the bank, its shareholders, or anyone else suffered because of it. Even if the bank is dissolved this way, that doesn't erase anyone's right to sue the corporation, its stockholders, or its officers for any liability or penalty that already existed before the dissolution.
the actual law source: uscode.house.gov ↗public domain

Should any national banking association in the United States now organized fail within one year after December 23, 1913, to become a member bank or fail to comply with any of the provisions of this chapter applicable thereto, all of the rights, privileges, and franchises of such association granted to it under the national-bank Act [12 U.S.C. 21 et seq.], or under the provisions of this chapter, shall be thereby forfeited. Any noncompliance with or violation of this chapter shall, however, be determined and adjudged by any court of the United States of competent jurisdiction in a suit brought for that purpose in the district or territory in which such bank is located, under direction of the Board of Governors of the Federal Reserve System, by the Comptroller of the Currency in his own name before the association shall be declared dissolved. In cases of such noncompliance or violation, other than the failure to become a member bank under the provisions of this chapter, every director who participated in or assented to the same shall be held liable in his personal or individual capacity for all damages which said bank, its shareholders, or any other person shall have sustained in consequence of such violation.

Such dissolution shall not take away or impair any remedy against such corporation, its stockholders, or officers, for any liability or penalty which shall have been previously incurred.

Source credit: (Dec. 23, 1913, ch. 6, § 2 (pars.), 38 Stat. 252; 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 · 38 Stat. 252
  • 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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