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12 U.S.C. § 615 — Powers of corporation

submitted 113 years ago by ch. 6 to r/title-12-BANKS-AND-BANKING · 834 words · no verdicts yet

in plain englishAI-generated · not legal advice

A corporation organized under sections 611 through 614 may carry out specified banking and financial activities under rules of the Board of Governors of the Federal Reserve System. It may also establish approved foreign branches or agencies and, with the Board’s consent, own certain interests in other corporations subject to the stated limits and exceptions.

(a) Under rules and regulations prescribed by the Board of Governors of the Federal Reserve System, a corporation organized under sections 611 through 614 may do the following. It may buy, sell, discount, and negotiate notes, drafts, checks, bills of exchange, acceptances, including bankers’ acceptances, cable transfers, and other evidence of indebtedness, with or without endorsing or guaranteeing them. It may buy and sell securities, including obligations of the United States or a State, with or without endorsing or guaranteeing them. It may not buy shares of stock in a corporation except as this section allows. It may accept bills or drafts drawn on it, subject to limits and restrictions imposed by the Board of Governors. It may issue letters of credit; buy and sell coin, bullion, and exchange; borrow and lend money; and issue debentures, bonds, and promissory notes under security conditions and limits prescribed by the Board. It may receive deposits outside the United States. Inside the United States, it may receive only deposits that are incidental to, or for carrying out, transactions in foreign countries or in United States dependencies or insular possessions. In general, it may use powers that are incidental to the powers given by this Act or that the Board decides are usual for banking or other financial operations in the countries, colonies, dependencies, or possessions where the corporation does business, as long as those powers do not conflict with the powers specifically granted here. This subchapter does not prevent the Board, when prescribing rules and regulations, from limiting the total amount of liabilities of any or all classes that the corporation has incurred and that are outstanding at one time. When a corporation organized under this subchapter receives deposits in the United States that this subchapter permits, it must keep reserves in amounts the Board prescribes for member banks of the Federal Reserve System. (b) The corporation may establish and maintain branches or agencies for its business in foreign countries, their dependencies or colonies, and the dependencies or insular possessions of the United States. The Board of Governors must approve the locations, and the branches or agencies must follow the Board’s rules and regulations. The locations may include countries or dependencies not named in the original organization certificate. (c) With the consent of the Board of Governors, the corporation may buy and hold stock or other ownership certificates in another corporation organized under this subchapter; under the laws of a foreign country, colony, or dependency; or under the laws of a State, dependency, or insular possession of the United States. The other corporation must not be engaged in the general business of buying or selling goods, wares, merchandise, or commodities in the United States. It also must not do business in the United States, except for business that the Board considers incidental to its international or foreign business. Unless the Board approves otherwise, a corporation organized under this subchapter may not invest in one corporation more than 10 percent of its own capital and surplus. If the other corporation is engaged in banking, the limit is 15 percent of the investing corporation’s capital and surplus. A corporation organized under this subchapter may not buy, own, or hold stock or ownership certificates in another corporation organized under this subchapter or under the laws of a State if that other corporation substantially competes with it, or if that other corporation owns stock or ownership certificates in corporations that substantially compete with the purchasing corporation. This section does not prevent a corporation organized under this subchapter from buying and holding stock in a corporation when the purchase is necessary to prevent a loss on a debt previously made in good faith. Stock bought or acquired in a corporation organized under this subchapter must be sold or otherwise disposed of at a public or private sale within six months after the purchase, unless the Board extends the time for disposing of it.

the actual law source: uscode.house.gov ↗public domain

Each corporation organized as provided in sections 611 to 614 of this title shall have power, under such rules and regulations as the Board of Governors of the Federal Reserve System may prescribe:

(a) Dealings in drafts, checks, bills of exchange, acceptances, and other evidences of indebtedness; purchase and sale of securities; letters of credit; purchase and sale of coin, bullion, and exchange; borrowing and loaning money; issue of debentures, bonds, and notes; deposits; limitation of liabilities; reserves

To purchase, sell, discount, and negotiate, with or without its indorsement or guaranty, notes, drafts, checks, bills of exchange, acceptances, including bankers’ acceptances, cable transfers, and other evidences of indebtedness; to purchase and sell, with or without its indorsement or guaranty, securities, including the obligations of the United States or of any State thereof but not including shares of stock in any corporation except as herein provided; to accept bills or drafts drawn upon it subject to such limitations and restrictions as the Board of Governors of the Federal Reserve System may impose; to issue letters of credit; to purchase and sell coin, bullion, and exchange; to borrow and to lend money; to issue debentures, bonds, and promissory notes under such general conditions as to security and such limitations as the Board of Governors of the Federal Reserve System may prescribe; to receive deposits outside of the United States and to receive only such deposits within the United States as may be incidental to or for the purpose of carrying out transactions in foreign countries or dependencies or insular possessions of the United States; and generally to exercise such powers as are incidental to the power conferred by this Act or as may be usual, in the determination of the Board of Governors of the Federal Reserve System, in connection with the transaction of the business of banking or other financial operations in the countries, colonies, dependencies, or possessions in which it shall transact business and not inconsistent with the powers specifically granted herein. Nothing contained in this subchapter shall be construed to prohibit the Board of Governors of the Federal Reserve System, under its power to prescribe rules and regulations, from limiting the aggregate amount of liabilities of any or all classes incurred by the corporation and outstanding at any one time. Whenever a corporation organized under this subchapter receives deposits in the United States authorized by this subchapter, it shall carry reserves in such amounts as the Board of Governors of the Federal Reserve System may prescribe for member banks of the Federal Reserve System.

(b) Branches or agencies

To establish and maintain for the transaction of its business branches or agencies in foreign countries, their dependencies or colonies, and in the dependencies or insular possessions of the United States, at such places as may be approved by the Board of Governors of the Federal Reserve System and under such rules and regulations as it may prescribe, including countries or dependencies not specified in the original organization certificate.

(c) Purchase of stock in other corporations

With the consent of the Board of Governors of the Federal Reserve System to purchase and hold stock or other certificates of ownership in any other corporation organized under the provisions of this subchapter, or under the laws of any foreign country or a colony or dependency thereof, or under the laws of any State, dependency, or insular possession of the United States but not engaged in the general business of buying or selling goods, wares, merchandise, or commodities in the United States, and not transacting any business in the United States except such as in the judgment of the Board of Governors of the Federal Reserve System may be incidental to its international or foreign business: Provided, however, That, except with the approval of the Board of Governors of the Federal Reserve System, no corporation organized under this subchapter shall invest in any one corporation an amount in excess of 10 per centum of its own capital and surplus, except in a corporation engaged in the business of banking, when 15 per centum of its capital and surplus may be so invested: Provided further, That no corporation organized under this subchapter shall purchase, own, or hold stock or certificates of ownership in any other corporation organized under this subchapter or under the laws of any State which is in substantial competition therewith, or which holds stock or certificates of ownership in corporations which are in substantial competition with the purchasing corporation.

Nothing contained herein shall prevent corporations organized under this subchapter from purchasing and holding stock in any corporation where such purchase shall be necessary to prevent a loss upon a debt previously contracted in good faith; and stock so purchased or acquired in corporations organized under this subchapter shall, within six months from such purchase, be sold or disposed of at public or private sale, unless the time to so dispose of same is extended by the Board of Governors of the Federal Reserve System.

Source credit: (Dec. 23, 1913, ch. 6, § 25A (pars.), formerly § 25(a), as added Dec. 24, 1919, ch. 18, 41 Stat. 378; amended Aug. 23, 1935, ch. 614, title II, § 203(a), 49 Stat. 704; Pub. L. 95–369, § 3(d), (e), Sept. 17, 1978, 92 Stat. 609; renumbered § 25A, Pub. L. 102–242, title I, § 142(e)(2), Dec. 19, 1991, 105 Stat. 2281.)

history & why it existsrecord from the source credit
  • 1913Enacted · Act of Dec. 23, 1913, ch. 6 · 41 Stat. 378
  • 1935Amended · Act of Aug. 23, 1935, ch. 614 · 49 Stat. 704
  • 1978Amended · Pub. L. 95-369 · 92 Stat. 609
  • 1991Amended · Pub. L. 102-242 · 105 Stat. 2281

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

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