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12 U.S.C. § 601Authorization; conditions and regulations

submitted 113 years ago by ch. 6 to r/title-12-BANKS-AND-BANKING · 558 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section allows a qualifying national bank to apply for Federal Reserve permission for specified foreign-banking powers and limits those powers and investments.

A national banking association with capital and surplus of at least $1,000,000 may apply to the Board of Governors of the Federal Reserve System for permission, subject to the Board's conditions and regulations, to exercise these powers: First, it may establish branches in foreign countries, dependencies, or insular possessions of the United States to further United States foreign commerce and, when required, act as a fiscal agent of the United States. Second, it may invest no more than 10 percent in total of its paid-in capital stock and surplus in stock of one or more banks or corporations chartered or incorporated under United States or State law and principally engaged in international or foreign banking, or in banking in a United States dependency or insular possession, either directly or through local institutions in those places. Third, it may directly or indirectly acquire and hold stock or other ownership evidence in one or more banks organized under the law of a foreign country or a United States dependency or insular possession. Such a foreign bank may not engage, directly or indirectly, in any activity in the United States except activity that, in the Board's judgment, is incidental to the bank's international or foreign business. Despite section 371c of this title, the national banking association may make loans or credit extensions to or for that bank's account in the manner and within the limits set by the Board's general or specific regulation or ruling. Until January 1, 1921, any national banking association, regardless of its capital and surplus, could apply for permission to invest no more than 5 percent in total of its paid-in capital and surplus in stock of one or more corporations chartered or incorporated under United States or State law and principally engaged, wherever located, in international or foreign financial operations needed to facilitate exports of goods, wares, or merchandise from the United States or its dependencies or insular possessions to a foreign country. However, the total investments authorized by this subchapter for one national bank could never exceed 10 percent of its capital and surplus. The application must state the applying association's name and capital, the powers requested, and the places where the proposed banking or financial operations will occur. The Board may approve or reject the application in whole or in part if it considers approval inexpedient. The Board may also increase or decrease the number of places where the operations may be carried on.
the actual law source: uscode.house.gov ↗public domain

Any national banking association possessing a capital and surplus of $1,000,000 or more may file application with the Board of Governors of the Federal Reserve System for permission to exercise, upon such conditions and under such regulations as may be prescribed by the said board, the following powers:

First. To establish branches in foreign countries or dependencies or insular possessions of the United States for the furtherance of the foreign commerce of the United States, and to act if required to do so as fiscal agents of the United States.

Second. To invest an amount not exceeding in the aggregate 10 per centum of its paid-in capital stock and surplus in the stock of one or more banks or corporations chartered or incorporated under the laws of the United States or of any State thereof, and principally engaged in international or foreign banking, or banking in a dependency or insular possession of the United States either directly or through the agency, ownership, or control of local institutions in foreign countries, or in such dependencies or insular possessions.

Third. To acquire and hold, directly or indirectly, stock or other evidences of ownership in one or more banks organized under the law of a foreign country or a dependency or insular possession of the United States and not engaged, directly or indirectly, in any activity in the United States except as, in the judgment of the Board of Governors of the Federal Reserve System, shall be incidental to the international or foreign business of such foreign bank; and, notwithstanding the provisions of section 371c of this title, to make loans or extensions of credit to or for the account of such bank in the manner and within the limits prescribed by the Board by general or specific regulation or ruling.

Until January 1, 1921, any national banking association, without regard to the amount of its capital and surplus, may file application with the Board of Governors of the Federal Reserve System for permission, upon such conditions and under such regulations as may be prescribed by said board, to invest an amount not exceeding in the aggregate 5 per centum of its paid-in capital and surplus in the stock of one or more corporations chartered or incorporated under the laws of the United States or of any State thereof and, regardless of its location, principally engaged in such phases of international or foreign financial operations as may be necessary to facilitate the export of goods, wares, or merchandise from the United States or any of its dependencies or insular possessions to any foreign country: Provided, however, That in no event shall the total investments authorized by this subchapter by any one national bank exceed 10 per centum of its capital and surplus.

Such application shall specify the name and capital of the banking association filing it, the powers applied for, and the place or places where the banking or financial operations proposed are to be carried on. The Board of Governors of the Federal Reserve System shall have power to approve or to reject such application in whole or in part if for any reason the granting of such application is deemed inexpedient, and shall also have power from time to time to increase or decrease the number of places where such banking operations may be carried on.

Source credit: (Dec. 23, 1913, ch. 6, § 25 (pars.), 38 Stat. 273; Sept. 7, 1916, ch. 461, 39 Stat. 755; Sept. 17, 1919, ch. 60, §§ 1, 2, 41 Stat. 285, 286; Aug. 23, 1935, ch. 614, title II, § 203(a), 49 Stat. 704; Pub. L. 89–485, § 12(b), July 1, 1966, 80 Stat. 241.)

history & why it existsrecord from the source credit
  • 1913Enacted · Act of Dec. 23, 1913, ch. 6 · 38 Stat. 273
  • 1916Amended · Act of Sept. 7, 1916, ch. 461 · 39 Stat. 755
  • 1919Amended · Act of Sept. 17, 1919, ch. 60 · 41 Stat. 285, 286
  • 1935Amended · Act of Aug. 23, 1935, ch. 614 · 49 Stat. 704
  • 1966Amended · Pub. L. 89-485 · 80 Stat. 241

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

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