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12 U.S.C. § 72Qualifications

submitted 121 years ago by Pub. L. 95-369 to r/title-12-BANKS-AND-BANKING · 288 words · no verdicts yet

in plain englishAI-generated · not legal advice

Bank directors must be U.S. citizens for their whole term, and most must live near the bank. The Comptroller can waive residency for all directors and citizenship for a minority of them. Each director must own $1,000 in stock, or $500 if the bank's capital is under $25,000.

Every director must be a U.S. citizen for their entire term as director. At least a majority of the board must have lived in the state, territory, or district where the bank is located — or within 100 miles of the bank's office — for at least one year right before their election. They must keep living in that state or within that 100-mile area for as long as they stay in office. The Comptroller of the Currency has two ways to relax this: the Comptroller can waive the residency requirement entirely, and can waive the citizenship requirement too, but only for a minority of the board's total directors. Every director must personally own bank stock. The par value of those shares must add up to at least $1,000. Instead of stock, a director can own an equivalent interest — as the Comptroller determines — in a company that controls the bank under section 1841 of this title. If the bank's capital does not exceed $25,000, the ownership requirement drops: at least $500 in stock, or an equivalent controlling-company interest as the Comptroller determines. If a director stops owning the required amount of stock, or becomes disqualified in any other way, that director automatically loses their seat.
the actual law source: uscode.house.gov ↗public domain

Every director must, during his whole term of service, be a citizen of the United States, and at least a majority of the directors must have resided in the State, Territory, or District in which the association is located, or within one hundred miles of the location of the office of the association, for at least one year immediately preceding their election, and must be residents of such State or within one-hundred-mile territory of the location of the association during their continuance in office, except that the Comptroller may, in the discretion of the Comptroller, waive the requirement of residency, and waive the requirement of citizenship in the case of not more than a minority of the total number of directors. Every director must own in his or her own right either shares of the capital stock of the association of which he or she is a director the aggregate par value of which is not less than $1,000, or an equivalent interest, as determined by the Comptroller of the Currency, in any company which has control over such association within the meaning of section 1841 of this title. If the capital of the bank does not exceed $25,000, every director must own in his or her own right either shares of such capital stock the aggregate par value of which is not less than $500, or an equivalent interest, as determined by the Comptroller of the Currency, in any company which has control over such association within the meaning of section 1841 of this title. Any director who ceases to be the owner of the required number of shares of the stock, or who becomes in any other manner disqualified, shall thereby vacate his place.

Source credit: (R.S. § 5146; Feb. 28, 1905, ch. 1163, 33 Stat. 818; Mar. 1, 1921, ch. 100, 41 Stat. 1199; Feb. 25, 1927, ch. 191, § 17, 44 Stat. 1233; Apr. 27, 1956, ch. 215, 70 Stat. 119; Pub. L. 95–369, § 2, Sept. 17, 1978, 92 Stat. 608; Pub. L. 96–221, title VII, § 710, Mar. 31, 1980, 94 Stat. 189; Pub. L. 103–325, title III, § 313, Sept. 23, 1994, 108 Stat. 2221; Pub. L. 104–208, div. A, title II, § 2241, Sept. 30, 1996, 110 Stat. 3009–418; Pub. L. 106–569, title XII, § 1233(a), Dec. 27, 2000, 114 Stat. 3037.)

history & why it existsrecord from the source credit
  • 1905Enacted · Act of Feb. 28, 1905, ch. 1163 · 33 Stat. 818
  • 1921Amended · Act of Mar. 1, 1921, ch. 100 · 41 Stat. 1199
  • 1927Amended · Act of Feb. 25, 1927, ch. 191 · 44 Stat. 1233
  • 1956Amended · Act of Apr. 27, 1956, ch. 215 · 70 Stat. 119
  • 1978Amended · Pub. L. 95-369 · 92 Stat. 608
  • 1980Amended · Pub. L. 96-221 · 94 Stat. 189
  • 1994Amended · Pub. L. 103-325 · 108 Stat. 2221
  • 1996Amended · Pub. L. 104-208 · 110 Stat. 3009
  • 2000Amended · Pub. L. 106-569 · 114 Stat. 3037

A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-369 on 1905-02-28.

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