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12 U.S.C. § 95Emergency limitations and restrictions on business of members of Federal Reserve System; designation of legal holiday for national banking associations; exceptions; “State” defined

submitted 93 years ago by ch. 1 to r/title-12-BANKS-AND-BANKING · 432 words · no verdicts yet

in plain englishAI-generated · not legal advice

During a presidential emergency, member banks of the Federal Reserve can only do business under rules the Treasury Secretary sets. The Comptroller of the Currency can also declare bank holidays during disasters or when a state declares one.

(a) During an emergency the President declares by proclamation, no bank that belongs to the Federal Reserve System can do any banking business — unless the Secretary of the Treasury, with the President's approval, sets rules, limits, and restrictions allowing it. This rule exists to keep the National Banking System and Federal Reserve System running safely, protect the currency Congress created through those systems, and stop unsafe banks from burdening interstate commerce by taking deposits people can withdraw by check. Anyone who breaks this rule — an individual, partnership, corporation, association, or any of their directors, officers, or employees — commits a misdemeanor. If convicted, they can be fined up to $10,000. A person (as opposed to a company) can also be imprisoned for up to ten years. Each day the violation continues counts as a separate crime. (b)(1) If a State has an emergency — a natural disaster, riot, insurrection, war, or other crisis caused by nature or people — the Comptroller of the Currency can declare any day a legal holiday for national banks in that state. If the emergency affects only part of the state, the Comptroller can limit the holiday to that part. If a state or a state official with legal authority declares a day a holiday for a ceremony or emergency, that same day automatically becomes a legal holiday for all national banks (or their affected offices) in that state or area. A national bank can choose to close or stay open on a state-declared holiday, unless the Comptroller orders otherwise in writing. (b)(2) For this subsection, “State” means any of the 50 states, the District of Columbia, Puerto Rico, the Northern Mariana Islands, Guam, the Virgin Islands, American Samoa, the Trust Territory of the Pacific Islands, or any other U.S. territory or possession.
the actual law source: uscode.house.gov ↗public domain
(a)

In order to provide for the safer and more effective operation of the National Banking System and the Federal Reserve System, to preserve for the people the full benefits of the currency provided for by the Congress through the National Banking System and the Federal Reserve System, and to relieve interstate commerce of the burdens and obstructions resulting from the receipt on an unsound or unsafe basis of deposits subject to withdrawal by check, during such emergency period as the President of the United States by proclamation may prescribe, no member bank of the Federal Reserve System shall transact any banking business except to such extent and subject to such regulations, limitations and restrictions as may be prescribed by the Secretary of the Treasury, with the approval of the President. Any individual, partnership, corporation, or association, or any director, officer or employee thereof, violating any of the provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $10,000 or, if a natural person, may, in addition to such fine, be imprisoned for a term not exceeding ten years. Each day that any such violation continues shall be deemed a separate offense.

(b)
(1)

In the event of natural calamity, riot, insurrection, war, or other emergency conditions occurring in any State whether caused by acts of nature or of man, the Comptroller of the Currency may designate by proclamation any day a legal holiday for the national banking associations located in that State. In the event that the emergency conditions affect only part of a State, the Comptroller of the Currency may designate the part so affected and may proclaim a legal holiday for the national banking associations located in that affected part. In the event that a State or a State official authorized by law designates any day as a legal holiday for ceremonial or emergency reasons, for the State or any part thereof, that same day shall be a legal holiday for all national banking associations or their offices located in that State or the part so affected. A national banking association or its affected offices may close or remain open on such a State-designated holiday unless the Comptroller of the Currency by written order directs otherwise.

(2)

For the purpose of this subsection, the term “State” means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Northern Mariana Islands, Guam, the Virgin Islands, American Samoa, the Trust Territory of the Pacific Islands, or any other territory or possession of the United States.

Source credit: (Mar. 9, 1933, ch. 1, title I, § 4, 48 Stat. 2; Pub. L. 96–221, title VII, § 705, Mar. 31, 1980, 94 Stat. 187; Pub. L. 97–320, title IV, § 407, Oct. 15, 1982, 96 Stat. 1513; Pub. L. 97–457, § 21, Jan. 12, 1983, 96 Stat. 2509.)

history & why it existsrecord from the source credit
  • 1933Enacted · Act of Mar. 9, 1933, ch. 1 · 48 Stat. 2
  • 1980Amended · Pub. L. 96-221 · 94 Stat. 187
  • 1982Amended · Pub. L. 97-320 · 96 Stat. 1513
  • 1983Amended · Pub. L. 97-457 · 96 Stat. 2509

A history note hasn’t been published yet. The record shows enactment by ch. 1 on 1933-03-09.

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