I-SEARCH (tm) V1.89P Retrieved Documents Listing on 10/10/93 at 03:10:44. Database: USCODE Search: (12:CITE) ------DocID 9083 Document 1 of 1934------ -CITE- 7 USC Sec. 12-1 to 12-3 -EXPCITE- TITLE 7 CHAPTER 1 -HEAD- Sec. 12-1 to 12-3. Omitted -COD- CODIFICATION Sections 12-1 to 12-3 comprised the second, third, and fourth paragraphs, respectively, of section 8 of the Commodity Exchange Act, Sept. 21, 1922, ch. 369, Sec. 8, 42 Stat. 1003. Such section 8 was amended generally by Pub. L. 95-405, Sec. 16, Sept. 30, 1978, 92 Stat. 873, and is classified in its entirety to section 12 of this title. Section 12-1, as added Dec. 19, 1947, ch. 523, 61 Stat. 941, and amended Feb. 19, 1968, Pub. L. 90-258, Sec. 19(b), 82 Stat. 32; Oct. 23, 1974, Pub. L. 93-463, title I, Sec. 103(a), (e), (f), 88 Stat. 1392, related to disclosure of names of traders on the commodity markets by Commission. See section 12(e) of this title. Section 12-2, as added Oct. 23, 1974, Pub. L. 93-463, title I, Sec. 105, 88 Stat. 1392, required an annual report to Congress. See section 12(h) of this title. Section 12-3, as added Oct. 23, 1974, Pub. L. 93-463, title I, Sec. 105, 88 Stat. 1392, related to reviews and audits by the Comptroller General. See section 12(i) of this title. ------DocID 15168 Document 2 of 1934------ -CITE- 12 USC TITLE 12 -EXPCITE- TITLE 12 -HEAD- TITLE 12 - BANKS AND BANKING -MISC1- Chap. Sec. 1. The Comptroller of the Currency 1 2. National Banks 21 3. Federal Reserve System 221 4. Taxation 531 5. Crimes and Offenses 581 6. Foreign Banking 601 6A. Export-Import Bank of the United States 635 7. Farm Credit Administration (Repealed and Omitted, See Chapter 23) 636 7A. Agricultural Marketing 1141 7B. Regional Agricultural Credit Corporations 1148 8. Adjustment and Cancellation of Farm Loans 1150 9. National Agricultural Credit Corporations (Repealed and Omitted) 1151 10. Local Agricultural-Credit Corporations, Livestock-Loan Companies and Like Organizations; Loans to Individuals to Aid in Formation or to Increase Capital Stock 1401 11. Federal Home Loan Banks 1421 11A. Federal Home Loan Mortgage Corporation 1451 12. Savings Associations 1461 13. National Housing 1701 14. Federal Credit Unions 1751 15. Federal Loan Agency (Omitted) 1801 16. Federal Deposit Insurance Corporation 1811 17. Bank Holding Companies 1841 18. Bank Service Corporations 1861 19. Security Measures for Banks and Savings Associations 1881 20. Credit Control 1901 21. Financial Recordkeeping 1951 22. Tying Arrangements 1971 23. Farm Credit System 2001 24. Federal Financing Bank 2281 25. National Commission on Electronic Fund Transfers 2401 26. Disposition of Abandoned Money Orders and Traveler's Checks 2501 27. Real Estate Settlement Procedures 2601 28. Emergency Mortgage Relief 2701 29. Home Mortgage Disclosure 2801 30. Community Reinvestment 2901 31. National Consumer Cooperative Bank 3001 32. Foreign Bank Participation in Domestic Markets 3101 33. Depository Institution Management Interlocks 3201 34. Federal Financial Institutions Examination Council 3301 34A. Appraisal Subcommittee of Federal Financial Institutions Examination Council 3331 35. Right to Financial Privacy 3401 36. Depository Institutions Deregulation and Financial Regulation Simplification 3501 37. Solar Energy and Energy Conservation Bank 3601 38. Multifamily Mortgage Foreclosure 3701 39. Alternative Mortgage Transactions 3801 40. International Lending Supervision 3901 41. Expedited Funds Availability 4001 42. Prepayment of Mortgages Insured Under National Housing Act 4101 43. Actions Against Persons Committing Bank Fraud Crimes 4201 ------DocID 15182 Document 3 of 1934------ -CITE- 12 USC Sec. 12 -EXPCITE- TITLE 12 CHAPTER 1 -HEAD- Sec. 12. Seal of Comptroller -STATUTE- The seal devised by the Comptroller of the Currency for his office, and approved by the Secretary of the Treasury, shall continue to be the seal of office of the comptroller, and may be renewed when necessary. A description of the seal, with an impression thereof, and a certificate of approval by the Secretary of the Treasury, shall be filed in the office of the Secretary of State. -SOURCE- (R.S. Sec. 330; Feb. 18, 1875, ch. 80, Sec. 1, 18 Stat. 317.) -COD- CODIFICATION R.S. Sec. 330 derived from act June 3, 1864, ch. 106, Sec. 2, 13 Stat. 100, which was the National Bank Act. See section 38 of this title. -TRANS- EXCEPTION AS TO TRANSFER OF FUNCTIONS Functions vested by any provision of law in Comptroller of the Currency, referred to in this section, not included in transfer of functions to Secretary of the Treasury, see note set out under section 1 of this title. ------DocID 15922 Document 4 of 1934------ -CITE- 12 USC CHAPTER 12 -EXPCITE- TITLE 12 CHAPTER 12 -HEAD- CHAPTER 12 - SAVINGS ASSOCIATIONS -MISC1- Sec. 1461. Short title. 1462. Definitions. 1462a. Director of Office of Thrift Supervision. (a) Establishment of Office. (b) Establishment of position of Director. (c) Appointment; term. (d) Prohibition on financial interests. (e) Powers of Director. (f) Annual report required. (g) Staff. (h) Funding through assessments. (i) GAO audit. 1463. Supervision of savings associations. (a) Federal savings associations. (b) Accounting and disclosure. (c) Stringency of standards. (d) Investment of certain funds in accounts of savings associations. (e) Participation by savings associations in lotteries and related activities. (f) Federally related mortgage loan disclosures. (g) Preemption of State usury laws. (h) Form and maturity of securities. 1464. Federal savings associations. (a) In general. (b) Deposits and related powers. (c) Loans and investments. (d) Regulatory authority. (e) Character and responsibility. (f) Federal home loan bank membership. (g) Repealed. (h) Discriminatory State and local taxation prohibited. (i) Conversions. (j) Repealed. (k) Depository of public money. (l) Retirement accounts. (m) Branching. (n) Trusts. (o) Conversion of State savings banks. (p) Conversions. (q) Tying arrangements. (r) Out-of-State branches. (s) Minimum capital requirements. (t) Capital standards. (u) Limits on loans to one borrower. (v) Reports of condition. 1465. Liquid asset requirements. (a) In general. (b) Maintenance of account. (c) Calculation. (d) Deficiency assessments. (e) Reduction or suspension. (f) Regulating authority. 1466. Applicability. 1466a. District associations. (a) In general. (b) Additional powers. (c) Charter amendments. (d) Limitation. 1467. Examination fees. (a) Examination of savings associations. (b) Examination of affiliates. (c) Assessment against association in case of affiliate's refusal to pay. (d) Civil money penalty for affiliate's refusal to cooperate. (e) Regulations. (f) Collection through FDIC or Federal home loan banks. (g) Costs of other examinations. (h) Additional information. (i) Treatment of examination assessments. (j) Processing fee. (k) Fees for examinations and supervisory activities. (l) Working capital. (m) Use of funds. 1467a. Regulation of holding companies. (a) Definitions. (b) Registration and examination. (c) Holding company activities. (d) Transactions with affiliates. (e) Acquisitions. (f) Declaration of dividend. (g) Administration and enforcement. (h) Prohibited acts. (i) Penalties. (j) Judicial review. (k) Savings clause. (l) Treatment of FDIC insured State savings banks and cooperative banks as savings associations. (m) Qualified thrift lender test. (n) Tying restrictions. (o) Mutual holding companies. (p) Holding company activities constituting serious risk to subsidiary savings association. (q) Qualified stock issuance by undercapitalized savings associations or holding companies. (r) Penalty for failure to provide timely and accurate reports. 1468. Transactions with affiliates; extensions of credit to executive officers, directors, and principal shareholders. (a) Affiliate transactions. (b) Extensions of credit to executive officers, directors, and principal shareholders. (c) Administrative enforcement. 1468a. Advertising. 1468b. Powers of examiners. 1468c. Separability. 1469. Authority to invest in State housing corporations. 1470. Federal supervision of insured institutions, State member and nonmember banks; access to information; definitions. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 1831k, 3204, 3401 of this title; title 18 section 433; title 41 section 22. ------DocID 15995 Document 5 of 1934------ -CITE- 12 USC Sec. 1701z-12 -EXPCITE- TITLE 12 CHAPTER 13 -HEAD- Sec. 1701z-12. Housing access -STATUTE- The Secretary shall require any purchaser of a multifamily housing project owned by the Secretary which is sold on or after October 1, 1978, to agree not to refuse unreasonably to lease a vacant dwelling unit in the project which rents for an amount not greater than the fair market rent for a comparable unit in the area as determined by the Secretary under section 1437f of title 42 to a holder of a certificate of eligibility under that section solely because of such prospective tenant's status as a certificate holder. -SOURCE- (Pub. L. 95-557, title II, Sec. 204, Oct. 31, 1978, 92 Stat. 2090.) -COD- CODIFICATION Section was enacted as part of the Housing and Community Development Amendments of 1978, and not as part of the National Housing Act which comprises this chapter. ------DocID 16067 Document 6 of 1934------ -CITE- 12 USC Sec. 1715z-12 -EXPCITE- TITLE 12 CHAPTER 13 SUBCHAPTER II -HEAD- Sec. 1715z-12. Single-family mortgage insurance on Hawaiian home lands -STATUTE- (a) One- to four-family residence; eligibility The Secretary, subject to such conditions as the Secretary may prescribe, may insure under any provision of this subchapter that authorizes such insurance, a mortgage covering a property upon which there is located a one- to four-family residence, without regard to any limitation in this chapter relating to marketability of title or any other limitation in this chapter that the Secretary determines is contrary to promoting the availability of such insurance on Hawaiian home lands, if - (1) the mortgage is executed by a native Hawaiian on property located within Hawaiian home lands covered under a homestead lease issued under section 207(a) of the Hawaiian Homes Commission Act, 1920, or under the corresponding provision of the Constitution of the State of Hawaii adopted under section 4 of the Act entitled 'An Act to provide for the admission of the State of Hawaii into the Union', approved March 18, 1959 (73 Stat. 5); (2) the property will be used as the principal residence of the mortgagor; and (3) the Department of Hawaiian Home Lands of the State of Hawaii (A) is a comortgagor; (B) guarantees to reimburse the Secretary for any mortgage insurance claim paid in connection with a property on Hawaiian home lands; or (C) offers other security acceptable to the Secretary. (b) Construction advances Notwithstanding any other provision of this chapter, the Secretary may, with respect to mortgages eligible for insurance under subsection (a) of this section, insure and make commitments to insure advances made during construction if the Secretary determines that the proposed construction is otherwise acceptable and that no feasible financing alternative is available. (c) Insurance of mortgage as obligation of General Insurance Fund Notwithstanding any other provision of this chapter, the insurance of a mortgage using the authority contained in this section shall be the obligation of the General Insurance Fund established in section 1735c of this title. The mortgagee shall be eligible to receive the benefits of insurance as provided in section 1710 of this title with respect to mortgages insured pursuant to this section, except that (1) all references in section 1710 of this title to the Mutual Mortgage Insurance Fund or the Fund shall be construed to refer to the General Insurance Fund; and (2) all references in section 1710 of this title to section 1709 of this title shall be construed to refer to the section under which the mortgage is insured. (d) 'Native Hawaiian' and 'Hawaiian home lands' defined For purposes of this section: (1) The term 'native Hawaiian' means any descendant of not less than one-half part of the blood of the races inhabiting the Hawaiian Islands before January 1, 1778 (or, in the case of an individual who succeeds a spouse or parent in an interest in a lease of Hawaiian home lands, such lower percentage as may be established for such succession under section 209 of the Hawaiian Homes Commission Act, 1920, or under the corresponding provision of the Constitution of the State of Hawaii adopted under section 4 of the Act entitled 'An Act to provide for the admission of the State of Hawaii into the Union', approved March 18, 1959 (73 Stat. 5)). (2) The term 'Hawaiian home lands' means all lands given the status of Hawaiian home lands under section 204 of the Hawaiian Homes Commission Act, 1920, or under the corresponding provision of the Constitution of the State of Hawaii adopted under section 4 of the Act entitled 'An Act to provide for the admission of the State of Hawaii into the Union', approved March 18, 1959 (73 Stat. 5). -SOURCE- (June 27, 1934, ch. 847, title II, Sec. 247, as added Nov. 30, 1983, Pub. L. 98-181, title IV, Sec. 421, 97 Stat. 1213, and amended Dec. 22, 1987, Pub. L. 100-202, Sec. 101(f) (title I, Sec. 101), 101 Stat. 1329-187, 1329-191; Feb. 5, 1988, Pub. L. 100-242, title IV, Sec. 413(a), (b), 429(h), 101 Stat. 1906, 1919; Nov. 7, 1988, Pub. L. 100-628, title X, Sec. 1065, 102 Stat. 3275.) -REFTEXT- REFERENCES IN TEXT The Hawaiian Homes Commission Act, 1920, referred to in subsecs. (a)(1) and (d), is act July 9, 1921, ch. 42, 42 Stat. 108, as amended. Sections 204, 207, and 209 of that Act were classified to sections 698, 701, and 703 of Title 48, Territories and Insular Possessions, and were omitted from the Code. Section 4 of the Act entitled 'An Act to provide for the admission of the State of Hawaii into the Union', approved Mar. 18, 1959 (73 Stat. 5), referred to in subsecs. (a)(1) and (d), is section 4 of Pub. L. 86-3, Mar. 18, 1959, 73 Stat. 5, which is set out as a note preceding section 491 of Title 48. -MISC2- AMENDMENTS 1988 - Subsec. (a)(2). Pub. L. 100-242, Sec. 429(h), substituted 'mortgagor' for 'Mortgagor'. Subsecs. (c), (d). Pub. L. 100-628 clarified amendment by Pub. L. 100-242, Sec. 413(a), (b). Pub. L. 100-242, Sec. 413(a), (b), made amendment identical to Pub. L. 100-202. See 1987 Amendment note below. 1987 - Subsec. (c). Pub. L. 100-202 added subsec. (c). Former subsec. (c) redesignated (d). Subsec. (d). Pub. L. 100-202 extended subsec. (c)(1) term 'native Hawaiian' to include in the case of succession in an interest in a lease of Hawaiian homelands any descendant of a percentage less than one-half of the blood of the races inhabiting the Hawaiian Islands before Jan. 1, 1778, as may be established under statute or constitution for succession; and redesignated subsec. (c), including such par. (1), as subsec. (d). -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1709 of this title; title 42 section 1437dd. ------DocID 16128 Document 7 of 1934------ -CITE- 12 USC Sec. 1735f-12 -EXPCITE- TITLE 12 CHAPTER 13 SUBCHAPTER V -HEAD- Sec. 1735f-12. Assurance of adequate processing of applications for loan and mortgage insurance -STATUTE- In order to ensure the adequate processing of applications for insurance of loans and mortgages under this chapter, the Secretary shall maintain not less than one office in each State to carry out the provisions of this chapter. -SOURCE- (June 27, 1934, ch. 847, title V, Sec. 534, as added Feb. 5, 1988, Pub. L. 100-242, title IV, Sec. 418, 101 Stat. 1912.) ------DocID 16212 Document 8 of 1934------ -CITE- 12 USC Sec. 1749bbb-12 -EXPCITE- TITLE 12 CHAPTER 13 SUBCHAPTER IX-C Part D -HEAD- Sec. 1749bbb-12. Fiscal intermediaries and servicing agents -STATUTE- (a) In order to provide for maximum efficiency in the administration of the reinsurance and direct insurance programs under this subchapter, and in order to facilitate the expeditious payment of any funds under such program, the Director may enter into contracts with any insurer, pool, or other person, for the purpose of providing for the performance of any or all of the following functions: (1) estimating or determining any amounts of payments for reinsurance or direct insurance claims; (2) receiving and disbursing and accounting for funds in making payments for reinsurance or direct insurance claims; (3) auditing the records of any insurer, pool, or other person to the extent necessary to assure that proper payments are made; (4) establishing the basis of liability for reinsurance or direct insurance payments, including the total amount of proved and approved claims which may be payable to any insurer or property owner, and the total amount of premiums earned by any insurer in the respective States for reinsured or directly insured lines of property insurance; and (5) otherwise assisting in any manner provided in the contract to further the purposes of this subchapter. (b)(1) Any such contract may require the insurer, pool, or other person, or any of its officers or employees certifying payments or disbursing funds pursuant to the contract, or otherwise participating in carrying out the contract, to give surety bond to the United States in such amounts as the Director may deem appropriate. (2) In the absence of gross negligence or intent to defraud the United States - (A) no individual designated pursuant to a contract under this section to certify payments shall be liable with respect to any payment certified by him under this section; and (B) no officer of the United States disbursing funds shall be liable with respect to any otherwise proper payment by him if it was based on a voucher signed by an individual designated pursuant to a contract under this section to certify payments. -SOURCE- (June 27, 1934, ch. 847, title XII, Sec. 1242, formerly Sec. 1232, as added Aug. 1, 1968, Pub. L. 90-448, title XI, Sec. 1103, 82 Stat. 563, renumbered and amended Dec. 31, 1970, Pub. L. 91-609, title VI, Sec. 602(d), (i), 84 Stat. 1789, 1790; Nov. 30, 1983, Pub. L. 98-181, title IV, Sec. 452(b)(1), 97 Stat. 1230.) -MISC1- AMENDMENTS 1983 - Subsecs. (a), (b)(1). Pub. L. 98-181 substituted 'Director' for 'Secretary'. 1970 - Subsec. (a). Pub. L. 91-609, Sec. 602(i), provided for: administration of direct insurance in introductory text, payments for direct insurance claims in pars. (1) and (2), and liability for direct insurance payments, payment of claims to any property owner, and premium for directly insured lines of property insurance in par. (4). -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1749bbb-14 of this title. ------DocID 16642 Document 9 of 1934------ -CITE- 12 USC Sec. 2279aa-12 -EXPCITE- TITLE 12 CHAPTER 23 SUBCHAPTER VIII -HEAD- Sec. 2279aa-12. Securities in credit enhanced pools -STATUTE- (a) Federal laws (1) Applicability of certain Federal securities laws For purposes of section 77c(a)(2) of title 15, no security representing an interest in, or obligations backed by, a pool of qualified loans for which guarantees have been provided by the Corporation shall be deemed to be a security issued or guaranteed by a person controlled or supervised by, or acting as an instrumentality of, the Government of the United States. No such security shall be deemed to be a 'government security' for purposes of the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) or for purposes of the Investment Company Act of 1940 (15 U.S.C. 80a-1 et seq.). (2) No full faith and credit of the United States Each security for which credit enhancement has been provided by the Corporation shall clearly indicate that the security is not an obligation of, and is not guaranteed as to principal or interest by, the Farm Credit Administration, the United States, or any other agency or instrumentality of the United States (other than the Corporation). (b) State securities laws (1) General exemption Any security or obligation that has been provided a guarantee by the Corporation shall be exempt from any law of any State with respect to or requiring registration or qualification of securities or real estate to the same extent as any obligation issued by, or guaranteed as to principal and interest by, the United States or any agency or instrumentality of the United States. (2) State override The provisions of paragraph (1) shall not be applicable to any State that, during the 8-year period beginning on January 6, 1988, enacts a law that - (A) specifically refers to this subsection; and (B) expressly provides that paragraph (1) shall not apply to the State. (c) Authorized investments (1) In general Securities representing an interest in, or obligations backed by, pools of qualified loans with respect to which the Corporation has provided a guarantee shall be authorized investments of any person, trust, corporation, partnership, association, business trust, or business entity created pursuant to or existing under the laws of the United States or any State to the same extent that the person, trust, corporation, partnership, association, business trust, or business entity is authorized under any applicable law to purchase, hold, or invest in obligations issued by or guaranteed as to principal and interest by the United States or any agency or instrumentality of the United States. Such securities or obligations may be accepted as security for all fiduciary, trust, and public funds, the investment or deposits of which shall be under the authority and control of the United States or any State or any officers of either. (2) State limitations on purchase, holding, or investment If State law limits the purchase, holding, or investment in obligations issued by the United States by the person, trust, corporation, partnership, association, business trust, or business entity, securities or obligations of a certified facility issued on which the Corporation has provided a guarantee shall be considered to be obligations issued by the United States for purposes of the limitation. (3) Nonapplicability of provisions (A) Subsequent State law Paragraphs (1) and (2) shall not apply with respect to a particular person, trust, corporation, partnership, association, business trust, or business entity, or class thereof, in any State that, prior to the expiration of the 8-year period beginning on January 6, 1988, enacts a law that specifically refers to this section and either prohibits or provides for a more limited authority to purchase, hold, or invest in the securities by any person, trust, corporation, partnership, association, business trust, or business entity, or class thereof, than is provided in paragraphs (1) and (2). (B) Effect of subsequent State law The enactment by any State of a law of the type described in subparagraph (A) shall not affect the validity of any contractual commitment to purchase, hold, or invest that was made prior to the effective date of the law and shall not require the sale or other disposition of any securities acquired prior to the effective date of the law. (d) State usury laws superseded Any provision of the constitution or law of any State which expressly limits the rate or amount of interest, discount points, finance charges, or other charges that may be charged, taken, received, or reserved by agricultural lenders or certified facilities shall not apply to any agricultural loan made by an originator or a certified facility in accordance with this subchapter that is included in a pool for which the Corporation has provided a guarantee. -SOURCE- (Pub. L. 92-181, title VIII, Sec. 8.12, as added Pub. L. 100-233, title VII, Sec. 702, Jan. 6, 1988, 101 Stat. 1703, and amended Pub. L. 100-399, title VI, Sec. 601(k), (l), Aug. 17, 1988, 102 Stat. 1006.) -MISC1- AMENDMENTS 1988 - Subsec. (a)(1). Pub. L. 100-399, Sec. 601(k), inserted ', or obligations backed by,' before 'a pool'. Subsec. (b)(2). Pub. L. 100-399, Sec. 601(l), substituted 'date of the enactment' for 'effective date' both of which for purposes of codification was translated as 'January 6, 1988,'. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100-399 effective as if enacted immediately after enactment of Pub. L. 100-233, which was approved Jan. 6, 1988, see section 1001(a) of Pub. L. 100-399, set out as a note under section 2002 of this title. -REFTEXT- REFERENCES IN TEXT The Securities Exchange Act of 1934, referred to in subsec. (a)(1), is act June 6, 1934, ch. 404, 48 Stat. 881, as amended, which is classified principally to chapter 2B (Sec. 78a et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see section 78a of Title 15 and Tables. The Investment Company Act of 1940, referred to in subsec. (a)(1), is title I of act Aug. 22, 1940, ch. 686, 54 Stat. 789, as amended, which is classified generally to subchapter I (Sec. 80a-1 et seq.) of chapter 2D of Title 15. For complete classification of this Act to the Code, see section 80a-51 of Title 15 and Tables. ------DocID 16589 Document 10 of 1934------ -CITE- 12 USC Sec. 2278a-12 -EXPCITE- TITLE 12 CHAPTER 23 SUBCHAPTER VI Part A -HEAD- Sec. 2278a-12. Termination -STATUTE- The Assistance Board and the authority provided to the Assistance Board by this part shall terminate on December 31, 1992. -SOURCE- (Pub. L. 92-181, title VI, Sec. 6.12, as added Pub. L. 100-233, title II, Sec. 201, Jan. 6, 1988, 101 Stat. 1594, and amended Pub. L. 100-399, title II, Sec. 201(m), Aug. 17, 1988, 102 Stat. 991.) -MISC1- AMENDMENTS 1988 - Pub. L. 100-399 inserted 'to the Assistance Board' after 'provided'. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100-399 effective as if enacted immediately after enactment of Pub. L. 100-233, which was approved Jan. 6, 1988, see section 1001(a) of Pub. L. 100-399, set out as a note under section 2002 of this title. ------DocID 16572 Document 11 of 1934------ -CITE- 12 USC Sec. 2277a-12 -EXPCITE- TITLE 12 CHAPTER 23 SUBCHAPTER V Part E -HEAD- Sec. 2277a-12. Exemption from taxation -STATUTE- Notwithstanding any other provision of law, the Corporation, including its franchise, and its capital, reserves, surplus, and income, shall be exempt from all taxation imposed by the United States, or by any State, county, municipality, or local taxing authority, except that any real property of the Corporation shall be subject to State, county, municipal, and local taxation to the same extent according to its value as other real property is taxed. -SOURCE- (Pub. L. 92-181, title V, Sec. 5.63, as added Pub. L. 100-233, title III, Sec. 302, Jan. 6, 1988, 101 Stat. 1618.) ------DocID 14594 Document 12 of 1934------ -CITE- 10 USC APPENDIX - RULES OF COURT OF MILITARY APPEALS Rule 12 -EXPCITE- TITLE 10 APPENDIX UNITED STATES COURT OF MILITARY APPEALS CLERK'S OFFICE -HEAD- Rule 12. Cases Involving Classified Information -STATUTE- (a) Court Security Officer. The Clerk shall serve as the Court Security Officer for the purposes of providing for the protection of classified information, and may designate such assistants as are appropriate for such purposes. (b) Classified documents. Documents containing classified information will be stored and safeguarded by the Court Security Officer in accordance with the Department of Defense Information Security Program Regulation (DOD Regulation 5200.1-R) or the Security Procedures Established by the Chief Justice of the United States pursuant to Pub. L. 96-456, 94 Stat. 2025, as appropriate. See Rules 9(c) and 24(d). (c) Security clearances. Security clearances for personnel on the staff of the Court will be obtained by the Court Security Officer in accordance with the Department of Defense Information Security Program Regulation. ------DocID 14652 Document 13 of 1934------ -CITE- 10 USC APPENDIX - RULES OF COURTS OF MILITARY REVIEW Rule 12 -EXPCITE- TITLE 10 APPENDIX COURTS OF MILITARY REVIEW -HEAD- Rule 12. Retention of civilian counsel -STATUTE- When civilian counsel represents an accused before the Court, the Court will notify counsel when the record of trial is received. If both civilian and assigned appellate defense counsel represent the accused, the Court will regard civilian counsel as primary counsel unless notified otherwise. Ordinarily, civilian counsel will use the accused's copy of the record. Civilian counsel may reproduce, at no expense to the Government, appellate defense counsel's copy of the record. ------DocID 14869 Document 14 of 1934------ -CITE- 11 USC CHAPTER 12 -EXPCITE- TITLE 11 CHAPTER 12 -HEAD- CHAPTER 12 - ADJUSTMENT OF DEBTS OF A FAMILY FARMER WITH REGULAR ANNUAL INCOME -MISC1- SUBCHAPTER I - OFFICERS, ADMINISTRATION, AND THE ESTATE Sec. 1201. Stay of action against codebtor. 1202. Trustee. 1203. Rights and powers of debtor. 1204. Removal of debtor as debtor in possession. 1205. Adequate protection. 1206. Sales free of interests. 1207. Property of the estate. 1208. Conversion or dismissal. SUBCHAPTER II - THE PLAN 1221. Filing of plan. 1222. Contents of plan. 1223. Modification of plan before confirmation. 1224. Confirmation hearing. 1225. Confirmation of plan. 1226. Payments. 1227. Effect of confirmation. 1228. Discharge. 1229. Modification of plan after confirmation. 1230. Revocation of an order of confirmation. 1231. Special tax provisions. REPEAL OF CHAPTER Pub. L. 99-554, title III, Sec. 302(f), Oct. 27, 1986, 100 Stat. 3124, provided that, effective Oct. 1, 1993, this chapter is repealed, that all cases commenced or pending under this chapter, and all matters and proceedings in or relating to such cases, shall be conducted and determined under this chapter as if such chapter had not been repealed, and that the substantive rights of parties in connection with such cases, matters, and proceedings shall continue to be governed under the laws applicable to such cases, matters, and proceedings as if such chapter had not been repealed. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 101, 103, 109, 321, 326, 327, 329, 330, 346, 347, 362, 363, 365, 502, 706, 1106, 1112, 1306, 1307 of this title; title 7 section 2005; title 28 sections 157, 586, 1930. ------DocID 15144 Document 15 of 1934------ -CITE- 11 USC APPENDIX - BANKRUPTCY RULES Form 12 -EXPCITE- TITLE 11 APPENDIX BANKRUPTCY RULES AND OFFICIAL FORMS OFFICIAL FORMS -HEAD- Form 12. - Involuntary Case Against Partnership: Partner's Petition -STATUTE- (CAPTION AS IN FORM NO. 1) INVOLUNTARY CASE AGAINST PARTNERSHIP: PARTNER'S PETITION 1. Petitioner, XXXXXX XXXXXXXX, of *XXXXXXXX is one of the general partners of XXXXXXXXXXXXXX, a partnership, of *XXXXXXXX (include county) 2. The other general partners of the debtor are XXX XXXXX, of *XXXXXXXX and XXX XXXXX of *XXXXXXXXXXXXXX. 3. The debtor has had its principal place of business (or its principal assets or its domicile or its residence) within this district for the 180 days preceding the filing of this petition (or for a longer portion of the 180 days preceding the filing of this petition than in any other district). 4. The debtor is a person against whom an order for relief may be entered under title 11, United States Code. 5. (The debtor is generally not paying its debts which are not subject to bona fide dispute as they become due as indicated by the following XXXXXXXX) or (Within 120 days preceding the filing of this petition, a custodian was appointed for or has taken possession of substantially all of the property of the debtor, as follows: XXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXX.) WHEREFORE, petitioner prays that an order of relief be entered against XXXXXXXX under chapter 7 (or 11) of title 11, United States Code. Signed: XXXXXXXXXXXXXX, Attorney for Petitioner. Address: XXXXXXXXXXXXXX, XXXXXXXXXXXXXX, (Petitioner signs if not represented by attorney) XXXXXXXXXXXXXX, Petitioner. I, XXXXXXXX, the petitioner named in the foregoing petition, declare under penalty of perjury that the foregoing is true and correct according to the best of my knowledge, information and belief. Executed on XXXXXXXX Signature: XXXXXXXX, Petitioner. * State mailing address. -SOURCE- (As amended Sept. 19, 1986, eff. Sept. 19, 1986.) -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES Pursuant to Sec. 303(b)(3)(A) of the Code, a petition by fewer than all of the general partners seeking an order for relief with respect to the partnership is treated as an involuntary petition. It is adversarial in character because not all of the partners are joining in the petition. Section 303(b)(3)(B) permits a petition against the partnership if relief has been ordered under the Code with respect to all of the general partners. In that event, the petition may be filed by a general partner, a trustee of a general partner's estate, or a creditor of the partnership. This form may be adapted for use in that type of case. 28 U.S.C. Sec. 1472(1) specifies the proper venue alternatives for all persons, including partnerships, as domicile, residence, principal place of business or location of principal assets. These options are set forth in paragraph (3) of the form. The paragraph may be adapted for use when venue is based on a pending case commenced by an affiliate pursuant to 28 U.S.C. Sec. 1472(2). NOTES OF ADVISORY COMMITTEE ON RULES - 1986 AMENDMENT The inclusion in paragraph 5 of the allegation that the debts are not subject to a bona fide dispute reflects the requirement added to Sec. 303(h)(1) of the Code by the 1984 amendments. ------DocID 7776 Document 16 of 1934------ -CITE- 3 USC Sec. 12 -EXPCITE- TITLE 3 CHAPTER 1 -HEAD- Sec. 12. Failure of certificates of electors to reach President of the Senate or Archivist of the United States; demand on State for certificate -STATUTE- When no certificate of vote and list mentioned in sections 9 and 11 of this title from any State shall have been received by the President of the Senate or by the Archivist of the United States by the fourth Wednesday in December, after the meeting of the electors shall have been held, the President of the Senate or, if he be absent from the seat of government, the Archivist of the United States shall request, by the most expeditious method available, the secretary of state of the State to send up the certificate and list lodged with him by the electors of such State; and it shall be his duty upon receipt of such request immediately to transmit same by registered mail to the President of the Senate at the seat of government. -SOURCE- (June 25, 1948, ch. 644, 62 Stat. 674; Oct. 31, 1951, ch. 655, Sec. 8, 65 Stat. 712; Oct. 19, 1984, Pub. L. 98-497, title I, Sec. 107(e)(1), (2)(B), 98 Stat. 2291.) -MISC1- AMENDMENTS 1984 - Pub. L. 98-497 substituted 'Archivist of the United States' for 'Administrator of General Services' in section catchline and two places in text. 1951 - Act Oct. 31, 1951, substituted 'Administrator of General Services' for 'Secretary of State' in section catchline and two places in text. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98-497 effective Apr. 1, 1985, see section 301 of Pub. L. 98-497, set out as a note under section 2102 of Title 44, Public Printing and Documents. ------DocID 15169 Document 17 of 1934------ -CITE- 12 USC CHAPTER 1 -EXPCITE- TITLE 12 CHAPTER 1 -HEAD- CHAPTER 1 - THE COMPTROLLER OF THE CURRENCY -MISC1- Sec. 1. Office of Comptroller of the Currency. 2. Comptroller of the Currency; appointment; term. 3. Oath of Comptroller. 4. Deputy Comptrollers. 4a. Delegation of authority by Comptroller. 5, 6. Repealed. 7. Chief of examining division. 8. Clerks. 9. Additional examiners, clerks, and other employees. 9a. Repealed. 10. Salaries of Deputy Comptrollers, examiners, and other employees as part of bank examination expenses. 11. Interest in national banks. 12. Seal of Comptroller. 13. Rooms for Currency Bureau. 14. Report of Comptroller. 15. Repealed. ------DocID 15170 Document 18 of 1934------ -CITE- 12 USC Sec. 1 -EXPCITE- TITLE 12 CHAPTER 1 -HEAD- Sec. 1. Office of Comptroller of the Currency -STATUTE- There shall be in the Department of the Treasury a bureau charged with the execution of all laws passed by Congress relating to the issue and regulation of a national currency secured by United States bonds and, under the general supervision of the Board of Governors of the Federal Reserve System, of all Federal Reserve notes, except for the cancellation and destruction, and accounting with respect to such cancellation and destruction, of Federal Reserve notes unfit for circulation, the chief officer of which bureau shall be called the Comptroller of the Currency, and shall perform his duties under the general directions of the Secretary of the Treasury. -SOURCE- (R.S. Sec. 324; Dec. 23, 1913, ch. 6, Sec. 10, 38 Stat. 261; June 3, 1922, ch. 205, 42 Stat. 621; Aug. 23, 1935, ch. 614, title II, Sec. 203(a), 49 Stat. 704; May 20, 1966, Pub. L. 89-427, Sec. 1, 80 Stat. 161.) -REFTEXT- REFERENCES IN TEXT The bureau, referred to in text, is known as the Office of the Comptroller of the Currency. -COD- CODIFICATION R.S. Sec. 324 derived from act June 3, 1864, ch. 106, Sec. 1, 13 Stat. 99, which was the National Bank Act. See section 38 of this title. Section is comprised of R.S. Sec. 324, as amended by the eighth paragraph of act Dec. 23, 1913, Sec. 10. -MISC3- AMENDMENTS 1966 - Pub. L. 89-427 inserted exception relating to cancellation and destruction, and accounting with respect to the cancellation and destruction, of Federal Reserve notes unfit for circulation. -CHANGE- CHANGE OF NAME Section 203(a) of act Aug. 23, 1935, changed name of Federal Reserve Board to Board of Governors of the Federal Reserve System. -TRANS- EXCEPTION AS TO TRANSFER OF FUNCTIONS Functions vested by any provision of law in Comptroller of the Currency, referred to in this section, were not included in transfer of functions of officers, agencies, and employees of Department of the Treasury to Secretary of the Treasury, made by Reorg. Plan No. 26 of 1950, Sec. 1, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280. See section 321(c)(2) of Title 31, Money and Finance. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 31 section 307. ------DocID 15171 Document 19 of 1934------ -CITE- 12 USC Sec. 2 -EXPCITE- TITLE 12 CHAPTER 1 -HEAD- Sec. 2. Comptroller of the Currency; appointment; term -STATUTE- The Comptroller of the Currency shall be appointed by the President, by and with the advice and consent of the Senate, and shall hold his office for a term of five years unless sooner removed by the President, upon reasons to be communicated by him to the Senate. -SOURCE- (R.S. Sec. 325; Aug. 23, 1935, ch. 614, title II, Sec. 209, 49 Stat. 707.) -COD- CODIFICATION R.S. Sec. 325 derived from act June 3, 1964, ch. 106, Sec. 1, 13 Stat. 99, which was the National Bank Act. See section 38 of this title. Provisions of this section which prescribed the annual basic compensation of the Comptroller of the Currency were omitted to conform to the provisions of the Executive Schedule. See section 5314 of Title 5, Government Organization and Employees. -MISC3- AMENDMENTS 1935 - Act Aug. 23, 1935, struck out 'on the recommendation of the Secretary of the Treasury' after 'President', where first appearing, and changed the salary from '$5,000 a year' to '$15,000 a year'. REPEALS Act Oct. 15, 1949, ch. 695, Sec. 4, 63 Stat. 880, formerly cited as a credit to this section, was repealed by Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 655. -TRANS- EXCEPTION AS TO TRANSFER OF FUNCTIONS Functions vested by any provision of law in Comptroller of the Currency, referred to in this section, were not included in transfer of functions to Secretary of the Treasury, see note set out under section 1 of this title. -CROSS- CROSS REFERENCES Appointing power, see Const. art. 2, Sec. 2, cl. 2. Compensation of Comptroller, see section 5314 of Title 5, Government Organization and Employees. ------DocID 15172 Document 20 of 1934------ -CITE- 12 USC Sec. 3 -EXPCITE- TITLE 12 CHAPTER 1 -HEAD- Sec. 3. Oath of Comptroller -STATUTE- The Comptroller of the Currency shall, within fifteen days from the time of notice of his appointment, take and subscribe the oath of office. -SOURCE- (R.S. Sec. 326; Sept. 9, 1959, Pub. L. 86-251, Sec. 1(d), 73 Stat. 488; June 6, 1972, Pub. L. 92-310, title II, Sec. 223(a), 86 Stat. 206.) -COD- CODIFICATION R.S. Sec. 326 derived from act June 3, 1864, ch. 106, Sec. 1, 13 Stat. 99, which was the National Bank Act. See section 38 of this title. -MISC3- AMENDMENTS 1972 - Pub. L. 92-310 struck out provisions which required the Comptroller to give a bond in the sum of $250,000. 1959 - Pub. L. 86-251 increased the surety bond requirement from $100,000 to $250,000. -CROSS- CROSS REFERENCES Oath of office, see Const. art. 6, cl. 3; section 3331 of Title 5, Government Organization and Employees. ------DocID 15173 Document 21 of 1934------ -CITE- 12 USC Sec. 4 -EXPCITE- TITLE 12 CHAPTER 1 -HEAD- Sec. 4. Deputy Comptrollers -STATUTE- The Secretary of the Treasury shall appoint no more than four Deputy Comptrollers of the Currency, one of whom shall be designated First Deputy Comptroller of the Currency, and shall fix their salaries. Each Deputy Comptroller shall take the oath of office and shall perform such duties as the Comptroller shall direct. During a vacancy in the office or during the absence or disability of the Comptroller, each Deputy Comptroller shall possess the power and perform the duties attached by law to the office of the Comptroller under such order of succession following the First Deputy Comptroller as the Comptroller shall direct. -SOURCE- (R.S. Sec. 327; Mar. 4, 1923, ch. 252, Sec. 209(b), 42 Stat. 1467; Sept. 9, 1959, Pub. L. 86-251, Sec. 1(a), 73 Stat. 487; June 6, 1972, Pub. L. 92-310, title II, Sec. 223(b), 86 Stat. 206.) -COD- CODIFICATION R.S. Sec. 327 derived from act June 3, 1864, ch. 106, Sec. 1, 13 Stat. 99, which was the National Bank Act. See section 38 of this title. R.S. Sec. 327, contained after the word 'Secretary' the following 'who shall be entitled to a salary of two thousand five hundred dollars a year, and' which was omitted from this section on authority of act Mar. 4, 1923, Sec. 209(b), fourth sentence, which was classified to section 9a of this title and regulated the salaries of deputy comptrollers. -MISC3- AMENDMENTS 1972 - Pub. L. 92-310 struck out provisions which required each Deputy Comptroller to give a bond in the sum of $100,000. 1959 - Pub. L. 86-251 provided for the appointment of four Deputy Comptrollers instead of one, the designation of one as the First Deputy, the fixing of salaries, increase in surety bond requirement from $50,000 to $100,000 and order of succession. -TRANS- EXCEPTION AS TO TRANSFER OF FUNCTIONS Functions vested by any provision of law in Comptroller of the Currency, referred to in this section, not included in transfer of functions to Secretary of the Treasury, see note set out under section 1 of this title. -CROSS- CROSS REFERENCES Oath of office, see Const. art. 6, cl. 3; section 3331 of Title 5, Government Organization and Employees. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 9 of this title. ------DocID 15174 Document 22 of 1934------ -CITE- 12 USC Sec. 4a -EXPCITE- TITLE 12 CHAPTER 1 -HEAD- Sec. 4a. Delegation of authority by Comptroller -STATUTE- The Comptroller of the Currency may delegate to any duly authorized employee, representative, or agent any power vested in the office by law. -SOURCE- (R.S. Sec. 327A, as added Mar. 31, 1980, Pub. L. 96-221, title VII, Sec. 707(a), 94 Stat. 188.) ------DocID 15175 Document 23 of 1934------ -CITE- 12 USC Sec. 5, 6 -EXPCITE- TITLE 12 CHAPTER 1 -HEAD- Sec. 5, 6. Repealed. Pub. L. 86-251, Sec. 1(b), (c)(1), Sept. 9, 1959, 73 Stat. 487, 488 -MISC1- Section 5, act Mar. 4, 1909, ch. 297, Sec. 1, 35 Stat. 867, related to appointment, succession in office and penal bond of assistant deputy comptroller. See section 4 of this title. Section 6, act Mar. 4, 1923, ch. 252, title II, Sec. 209(b) (pt.), 42 Stat. 1467, related to appointment, oath of office, penal bond, assigned duties and administration of national agricultural credit corporation provisions of third Deputy Comptroller. See section 4 of this title. ------DocID 15176 Document 24 of 1934------ -CITE- 12 USC Sec. 7 -EXPCITE- TITLE 12 CHAPTER 1 -HEAD- Sec. 7. Chief of examining division -STATUTE- The Comptroller of the Currency may designate a national bank examiner to act as chief of the examining division in his office. -SOURCE- (Jan. 3, 1923, ch. 22, 42 Stat. 1096.) -COD- CODIFICATION Section is based on Treasury Department Appropriation Act, 1924, act Jan. 3, 1923. -TRANS- EXCEPTION AS TO TRANSFER OF FUNCTIONS Functions vested by any provision of law in Comptroller of the Currency, referred to in this section, not included in transfer of functions to Secretary of the Treasury, see note set out under section 1 of this title. -MISC5- SIMILAR PROVISIONS Similar provisions were contained in act Feb. 17, 1922, ch. 55, 42 Stat. 375, and in earlier appropriation acts. ------DocID 15177 Document 25 of 1934------ -CITE- 12 USC Sec. 8 -EXPCITE- TITLE 12 CHAPTER 1 -HEAD- Sec. 8. Clerks -STATUTE- The Comptroller of the Currency shall employ, from time to time, the necessary clerks, to be appointed and classified by the Secretary of the Treasury, to discharge such duties as the comptroller shall direct. -SOURCE- (R.S. Sec. 328.) -COD- CODIFICATION R.S. Sec. 328 derived from act June 3, 1864, ch. 106, Sec. 1, 13 Stat. 100, which was the National Bank Act. See section 38 of this title. -TRANS- EXCEPTION AS TO TRANSFER OF FUNCTIONS Functions vested by any provision of law in Comptroller of the Currency, referred to in this section, not included in transfer of functions to Secretary of the Treasury, see note set out under section 1 of this title. -CROSS- CROSS REFERENCES Classification of civilian employees, see section 5101 et seq. of Title 5, Government Organization and Employees. ------DocID 15178 Document 26 of 1934------ -CITE- 12 USC Sec. 9 -EXPCITE- TITLE 12 CHAPTER 1 -HEAD- Sec. 9. Additional examiners, clerks, and other employees -STATUTE- The Comptroller of the Currency is authorized to employ such additional examiners, clerks, and other employees as he deems necessary to carry out the provisions of sections 4, 6, 9, 10, 1151 to 1318, and 1322 of this title and to assign to duty in the office of his bureau in Washington such examiners and assistant examiners as he shall deem necessary to assist in the performance of the work of that bureau. -SOURCE- (Mar. 4, 1923, ch. 252, title II, Sec. 209(b), 42 Stat. 1467.) -REFTEXT- REFERENCES IN TEXT Section 6, referred to in text, was repealed by Pub. L. 86-251, Sec. 1(c)(1), Sept. 9, 1959, 73 Stat. 488. Sections 1151, 1161 to 1163, 1171, 1172, 1181, 1182, 1191, 1201, 1202, 1211 to 1215, 1221 to 1223, 1231, 1232, 1241 to 1244, 1246, 1247, 1249, 1251, 1261, 1271, 1281 to 1283, 1291 to 1293, 1301 to 1303, and 1322 of this title, included within the reference to sections 1151 to 1318, and 1322 of this title, were repealed by Pub. L. 86-230, Sec. 24, Sept. 8, 1959, 73 Stat. 466. Section 1151a, included within the reference to sections 1151 to 1318, was repealed by Pub. L. 92-181, title V, Sec. 5.26(a), Dec. 10, 1971, 85 Stat. 624. Sections 1245, 1248, and 1311 to 1318, included within the reference to sections 1151 to 1318 of this title, were repealed by act June 25, 1948, ch. 645, Sec. 21, 62 Stat. 862, eff. Sept. 1, 1948. The bureau, referred to in text, is known as the Office of the Comptroller of the Currency. -COD- CODIFICATION Section is comprised of subsec. (b), third sentence, of section 209 of act Mar. 4, 1923. For classification to this title of other provisions of section 209, see Tables. -TRANS- EXCEPTION AS TO TRANSFER OF FUNCTIONS Functions vested by any provision of law in Comptroller of the Currency, referred to in this section, not included in transfer of functions to Secretary of the Treasury, see note set out under section 1 of this title. ------DocID 15179 Document 27 of 1934------ -CITE- 12 USC Sec. 9a -EXPCITE- TITLE 12 CHAPTER 1 -HEAD- Sec. 9a. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 645 -MISC1- Section, act Mar. 4, 1923, ch. 252, title II, Sec. 209(b), 42 Stat. 1467, authorized Comptroller to fix in advance pay of deputy comptrollers, examiners, clerks, and certain other employees. ------DocID 15180 Document 28 of 1934------ -CITE- 12 USC Sec. 10 -EXPCITE- TITLE 12 CHAPTER 1 -HEAD- Sec. 10. Salaries of Deputy Comptrollers, examiners, and other employees as part of bank examination expenses -STATUTE- The salaries of the Deputy Comptrollers and of all national bank examiners and assistant examiners assigned to duty in the office of the bureau in Washington in connection with the supervision of national banks shall be considered part of the expenses of the examinations provided for by subchapter XV of chapter 3 of this title. -SOURCE- (Mar. 4, 1923, ch. 252, title II, Sec. 209(b), 42 Stat. 1467; Sept. 9, 1959, Pub. L. 86-251, Sec. 1(c)(2), 73 Stat. 488.) -REFTEXT- REFERENCES IN TEXT Subchapter XV (Sec. 481 et seq.) of chapter 3 of this title, referred to in text, was in the original a reference to section 5240 of the Revised Statutes. -COD- CODIFICATION Section is comprised of subsec. (b), fifth sentence, of section 209 of act Mar. 4, 1923. For classification to this title of other provisions of section 209, see Tables. -MISC3- AMENDMENTS 1959 - Pub. L. 86-251 included all Deputy Comptrollers instead of only two deputy comptrollers and struck out provisions deeming the salaries of deputy comptroller, examiners, assistant examiners, clerks and other employees as expenses of administration of national agricultural credit corporation provisions and considering the salary of the additional deputy comptroller as partly an expense of administration in proportion to time spent in such administration. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 9 of this title. ------DocID 15181 Document 29 of 1934------ -CITE- 12 USC Sec. 11 -EXPCITE- TITLE 12 CHAPTER 1 -HEAD- Sec. 11. Interest in national banks -STATUTE- It shall not be lawful for the Comptroller or the Deputy Comptroller of the Currency, either directly or indirectly, to be interested in any association issuing national currency under the laws of the United States. -SOURCE- (R.S. Sec. 329.) -COD- CODIFICATION R.S. Sec. 329 derived from act June 3, 1864, ch. 106, Sec. 1, 13 Stat. 99, which was the National Bank Act. See section 38 of this title. ------DocID 7953 Document 30 of 1934------ -CITE- 5 USC CHAPTER 12 -EXPCITE- TITLE 5 PART II CHAPTER 12 -HEAD- CHAPTER 12 - MERIT SYSTEMS PROTECTION BOARD, OFFICE OF SPECIAL COUNSEL, AND EMPLOYEE RIGHT OF ACTION -MISC1- SUBCHAPTER I - MERIT SYSTEMS PROTECTION BOARD Sec. 1201. Appointment of members of the Merit Systems Protection Board. 1202. Term of office; filling vacancies; removal. 1203. Chairman; Vice Chairman. 1204. Powers and functions of the Merit Systems Protection Board. 1205. Transmittal of information to Congress. 1206. Annual report. SUBCHAPTER II - OFFICE OF SPECIAL COUNSEL 1211. Establishment. 1212. Powers and functions of the Office of Special Counsel. 1213. Provisions relating to disclosures of violations of law, mismanagement, and certain other matters. (FOOTNOTE 1) (FOOTNOTE 1) So in original. Does not conform to section catchline. 1214. Investigation of prohibited personnel practices; corrective action. 1215. Disciplinary action. 1216. Other matters within the jurisdiction of the Office of Special Counsel. 1217. Transmittal of information to Congress. 1218. Annual report. 1219. Public information. SUBCHAPTER III - INDIVIDUAL RIGHT OF ACTION IN CERTAIN REPRISAL CASES 1221. Individual right of action in certain reprisal cases. 1222. Availability of other remedies. AMENDMENTS 1989 - Pub. L. 101-12, Sec. 3(b)(2), (3), Apr. 10, 1989, 103 Stat. 31, substituted ', OFFICE OF SPECIAL COUNSEL, AND EMPLOYEE RIGHT OF ACTION' for 'AND SPECIAL COUNSEL' in chapter heading, and amended chapter analysis generally, inserting subchapter I heading, and in item 1204 substituing 'Powers and functions of the Merit Systems Protection Board' for 'Special Counsel; appointment and removal', in item 1205 substituting 'Transmittal of information to Congress' for 'Powers and functions of the Merit Systems Protection Board and Special Counsel', in item 1206 substituting 'Annual report' for 'Authority and responsibilities of the Special Counsel', omitting items 1207 'Hearings and decisions on complaints filed by the Special Counsel', 1208 'Stays of certain personnel actions', and 1209 'Information', and inserting subchapters II and III headings and items 1211 to 1219, 1221, and 1222. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 3352 of this title; title 22 section 4139. ------DocID 15183 Document 31 of 1934------ -CITE- 12 USC Sec. 13 -EXPCITE- TITLE 12 CHAPTER 1 -HEAD- Sec. 13. Rooms for Currency Bureau -STATUTE- There shall be assigned, from time to time, to the Comptroller of the Currency, by the Secretary of the Treasury, suitable rooms in the Treasury Building for conducting the business of the Currency Bureau, containing safe and secure fireproof vaults, in which the Comptroller shall deposit and safely keep all the plates not necessarily in the possession of engravers or printers, and other valuable things belonging to his department; and the Comptroller shall from time to time furnish the necessary furniture, stationery, fuel, lights, and other proper conveniences for the transaction of the business of his office. -SOURCE- (R.S. Sec. 331.) -REFTEXT- REFERENCES IN TEXT The bureau, referred to in text, is known as the Office of the Comptroller of the Currency. -COD- CODIFICATION R.S. Sec. 331 derived from act June 3, 1864, ch. 106, Sec. 3, 13 Stat. 100, which was the National Bank Act. See section 38 of this title. -TRANS- EXCEPTION AS TO TRANSFER OF FUNCTIONS Functions vested by any provision of law in Comptroller of the Currency, referred to in this section, not included in transfer of functions to Secretary of the Treasury, see note set out under section 1 of this title. ------DocID 15184 Document 32 of 1934------ -CITE- 12 USC Sec. 14 -EXPCITE- TITLE 12 CHAPTER 1 -HEAD- Sec. 14. Report of Comptroller -STATUTE- The Comptroller of the Currency shall make an annual report to Congress. -SOURCE- (R.S. Sec. 333; Feb. 18, 1875, ch. 80, Sec. 1, 18 Stat. 317; Aug. 7, 1946, ch. 770, Sec. 1(39), 60 Stat. 869.) -COD- CODIFICATION R.S. Sec. 333 derived from acts June 3, 1864, ch. 106, Sec. 61, 13 Stat. 117, and Feb. 19, 1873, ch. 166, 17 Stat. 466. Act June 3, 1864, was the National Bank Act. See section 38 of this title. -MISC3- AMENDMENTS 1946 - Act Aug. 7, 1946, repealed in the opening clause, the requirement that the report to Congress shall be submitted at the commencement of its session, and repealed all provisions prescribing contents of the exhibits in the report. -TRANS- EXCEPTION AS TO TRANSFER OF FUNCTIONS Functions vested by any provision of law in Comptroller of the Currency, referred to in this section, not included in transfer of functions to Secretary of the Treasury, see note set out under section 1 of this title. ------DocID 15185 Document 33 of 1934------ -CITE- 12 USC Sec. 15 -EXPCITE- TITLE 12 CHAPTER 1 -HEAD- Sec. 15. Repealed. Aug. 7, 1946, ch. 770, Sec. 1(40, 50), 60 Stat. 869, 870 -MISC1- Section, act Apr. 28, 1902, ch. 594, Sec. 1, 32 Stat. 138, required inclusion of expenses of liquidation of national banks in annual report of Comptroller of the Currency. ------DocID 15186 Document 34 of 1934------ -CITE- 12 USC CHAPTER 2 -EXPCITE- TITLE 12 CHAPTER 2 -HEAD- CHAPTER 2 - NATIONAL BANKS -MISC1- SUBCHAPTER I - ORGANIZATION AND GENERAL PROVISIONS Sec. 21. Formation of national banking associations; incorporators; articles of association. 21a. Amendment of articles of association. 22. Organization certificate. 23. Acknowledgment and filing of certificate. 24. Corporate powers of associations. 25. Omitted. 25a. Participation by national banks in lotteries and related activities. (a) Prohibited activities. (b) Use of banking premises prohibited. (c) Definitions. (d) Lawful banking services connected with operation of lotteries. (e) Regulations; enforcement. 26. Comptroller to determine if association can commence business. 27. Certificate of authority to commence banking. 28. Publication of certificate. 29. Power to hold real property. 30. Change of name or location. 31. Rights and liabilities as affected by change of name. 32. Liabilities and suits as affected by change of name or location. 33 to 34c. Transferred. 35. Organization of State banks as national banking associations. 36. Branch banks. 37. Associations governed by chapter. 38. The National Bank Act. 39. Reservation of rights of associations organized under Act of 1863. 40. Virgin Islands; extension of National Bank Act. 41. Guam; extension of National Bank Act. 42. Territorial application. SUBCHAPTER II - CAPITAL, STOCK, AND STOCKHOLDERS 51. Requisite of capital and surplus. 51a. Preferred stock; issuance authorized. 51b. Dividends, voting, and retirement of preferred stock; individual liability. 51b-1. Consideration of preferred stock in determining impairment of capital; dividends; retirement. 51c. 'Common stock', 'capital', and 'capital stock' defined. 51d to 51f. Repealed. 52. Par value and incidents of stock; transfer of shares. 53. When capital stock paid in. 54. Repealed. 55. Enforcing payment of deficiency in capital stock; assessments; liquidation; receivership. 56. Prohibition on withdrawal of capital; unearned dividends. 57. Increase of capital by provision in articles of association. 58. Repealed. 59. Reduction of capital by vote of shareholders. 60. Dividends. (a) Periodic declaration; surplus fund. (b) Approval of Comptroller. (c) 'Net profits' defined. 61. Shareholders' voting rights; cumulative and distributive voting; preferred stock; trust shares; proxies, liability restrictions; percentage requirement exclusion of trust shares. 62. List of shareholders. 63, 64. Repealed. 64a. Individual liability of shareholders; limitation on liability. 65. Repealed. 66. Personal liability of representatives of stockholders. 67. Individual liability of shareholders; compromises; authority of receiver. SUBCHAPTER III - DIRECTORS 71. Election. 71a. Number of directors; penalties. 72. Qualifications. 73. Oath. 74. Vacancies. 75. Legal holiday, annual meeting on; proceedings where no election held on proper day. 76. President of bank as member of board; chairman of board. 77. Repealed. 78. Certain persons excluded from serving as officers, directors or employees of member banks. SUBCHAPTER IV - REGULATION OF THE BANKING BUSINESS; POWERS AND DUTIES OF NATIONAL BANKS 81. Place of business. 82. Repealed. 83. Loans on or purchase by bank of own stock. 84. Lending limits. (a) Total loans and extensions of credit. (b) Definitions. (c) Exceptions. (d) Authority of Comptroller of the Currency. 85. Rate of interest on loans, discounts and purchases. 86. Usurious interest; penalty for taking; limitations. 86a. Omitted. 87. Restriction on use by bank of its circulating notes. 88. Restriction on use by bank of notes of other banks. 89. Duty of bank to receive circulating notes of other banks in payment of debts. 90. Depositaries of public moneys and financial agents of Government. 91. Transfers by bank and other acts in contemplation of insolvency. 92. Omitted. 92a. Trust powers. (a) Authority of Comptroller of the Currency. (b) Grant and exercise of powers deemed not in contravention of State or local law. (c) Segregation of fiduciary and general assets; separate books and records; access of State banking authorities to reports of examinations, books, records, and assets. (d) Prohibited operations; separate investment account; collateral for certain funds used in conduct of business. (e) Lien and claim upon bank failure. (f) Deposits of securities for protection of private or court trusts; execution of and exemption from bond. (g) Officials' oath or affidavit. (h) Loans of trust funds to officers and employees prohibited; penalties. (i) Considerations determinative of grant or denial of applications; minimum capital and surplus for issuance of permit. (j) Surrender of authorization; board resolution; Comptroller certification; activities affected; regulations. (k) Revocation; procedures applicable. 93. Violation of provisions of chapter. (a) Forfeiture of franchise; personal liability of directors. (b) Civil money penalty. (c) Notice under this section after separation from service. 93a. Authority to prescribe rules and regulations. 94. Venue of suits. 94a. Repealed. 95. Emergency limitations and restrictions on business of members of Federal reserve system; designation of legal holiday for national banking associations; exceptions; 'State' defined. 95a. Regulation of transactions in foreign exchange of gold and silver; property transfers; vested interests, enforcement and penalties. 95b. Ratification of acts of President and Secretary of Treasury under section 95a. SUBCHAPTER V - OBTAINING AND ISSUING CIRCULATING NOTES 101. Delivery of circulating notes; deposit of bonds. 101a. Deposit of bonds to secure circulation. 102. 'United States bonds' as including registered bonds. 103. Denominations of notes; limitation on amount of $1 and $2 notes. 104. Printing notes; form. 105. Printing charter numbers on notes. 106. Distinctive paper for printing. 107. Custody of plates and dies; payment of expenses. 108. Examination of plates, dies, and other material; destruction of obsolete material. 109. Issuance of notes by banks; obligation; signatures of officers; demands for which notes shall be received. 110. Issue by banks of unauthorized notes; prohibition. SUBCHAPTER VI - REDEMPTION AND REPLACEMENT OF CIRCULATING NOTES 121. Redemption of notes by Treasurer of United States; reserve in Treasury; disposition of notes unfit for use; expenses. 121a. Redemption of notes unidentifiable as to bank of issue. 122. Repealed. 122a. Redeemed notes of unidentifiable issue; funds charged against. 123. Redemption of notes by bank at own counter. 124. Destroying and replacing notes unfit for use. 125. Redemption of lost or stolen notes. 126. Return to Treasury of notes of failed or liquidated banks for redemption. 127. Repealed. SUBCHAPTER VII - PROCEEDINGS ON FAILURE OF BANK TO REDEEM CIRCULATING NOTES 131. Protest of notes; waiver. 132. Examination of conditions by special agent; forfeiture of bonds. 133. Continuing business after default. 134. Notice by Comptroller to holders to present notes for payment; redemption; cancellation of bonds. 135. Disposition of redeemed notes; perpetuation of evidence of payment. 136. Cancellation of redeemed notes. 137. Sale of bonds at auction; lien on assets. 138. Sale of bonds at private sale. SUBCHAPTER VIII - RESERVE CITIES; LAWFUL RESERVES 141. Central reserve and reserve cities; designation. 142. Banks in reserve cities; reserves. 143. Banks in Alaska and insular possessions; lawful money reserves. 144. Certain balances counted toward reserves in dependencies and insular possessions. 145, 146. Repealed. SUBCHAPTER IX - FORMATION OF ASSOCIATIONS TO ISSUE GOLD NOTES 151. Organization of associations to issue gold notes. 152. Lawful money reserve of associations issuing gold notes; receiving notes of other associations. 153. Conversion of gold banks into currency banks. SUBCHAPTER X - BANK EXAMINATIONS; REPORTS 161. Reports to Comptroller of the Currency. (a) Reports of condition; form; contents; date of making; publication. (b) Payment of dividends. (c) Reports of affiliates; form; contents; date of making; publication; penalties. 162, 163. Repealed. 164. Penalty for failure to make reports. (a) First tier. (b) Second tier. (c) Third tier. (d) Assessment; etc. (e) Hearing. 165. Omitted. SUBCHAPTER XI - MISCELLANEOUS PROVISIONS REGARDING UNITED STATES BONDS IN RELATION TO NATIONAL BANKS 168. Taking up bonds; return of circulating notes. 169. Exchange of coupon for registered bonds. 170. Transfers of bonds; manner of making. 171. Registry of transferred bonds. 172. Notice of transfers. 173. Examination of registry and bonds. 174. Annual examination of bonds by associations. 175. Custody of bonds and collection of interest. 176. Withdrawal of notes on deposit of money and withdrawal of bonds. 177. Amount of bonds required on deposit; reduction of amount or retirement in full of circulating notes. 177a. Simplification of Treasurer's accounts; funds available for cost of transporting and redeeming national and Federal Reserve bank notes. 178. Withdrawal of notes on deposit of money and withdrawal of bonds or other securities. SUBCHAPTER XII - VOLUNTARY DISSOLUTION 181. Voluntary dissolution; appointment and removal of liquidating agent or committee; examination. 182. Notice of intent to dissolve. 183. Deposit of money to redeem outstanding circulation. 184. Exemption as to an association consolidating with another. 185. Reassignment of bonds and redemption of notes. 186. Destruction of redeemed notes. SUBCHAPTER XIII - RECEIVERSHIP 191. General grounds for appointment of receiver. 192. Default in payment of circulating notes. 193. Notice to present claims. 194. Dividends on adjusted claims; distribution of assets. 195. Injunction by bank denying failure to redeem notes. 196. Fees and expenses. 197. Shareholders' meeting; continuance of receivership; appointment of agent; winding up business; distribution of assets. 197a. Resumption of business by closed bank on consent of depositors. 198. Purchase by receiver of property of bank; request to Comptroller. 199. Approval of request. 200. Payment. SUBCHAPTER XIV - BANK CONSERVATION ACT 201. Short title. 202. Definitions. 203. Appointment of conservator. (a) Appointment. (b) Judicial review. (c) Additional grounds for appointment. (d) Exclusive authority. (e) Replacement of conservator. 204. Examinations. 205. Termination of conservatorship. (a) General rule. (b) Other grounds for termination. (c) Enforcement under Federal Deposit Insurance Act. (d) Action upon termination. 206. Conservator; powers and duties. (a) General powers. (b) Subject to rules of Comptroller. (c) Payment of depositors and creditors. (d) Compensation of conservator and employees. (e) Expenses. 207, 208. Repealed. 209. Liability protection. (a) Federal agency and employees. (b) Other conservators. (c) Indemnification. 210. Governmental powers unimpaired. 211. Rules and regulations. (a) In general. (b) F.D.I.C. as conservator. 212. Right to amend; separability. 213. Transferred. SUBCHAPTER XV - CONVERSION OF NATIONAL BANKS INTO STATE BANKS 214. Definitions. 214a. Procedure for conversion, merger, or consolidation; vote of stockholders. (a) Approval of board of directors; publication of notice of stockholders' meeting; waiver of publication; notice by registered or certified mail. (b) Rights of dissenting stockholders. 214b. Continuation of business and corporate entity. 214c. Conversions in contravention of State law. SUBCHAPTER XVI - CONSOLIDATION AND MERGER 215. Consolidation of national banks or State banks with national banks. (a) Approval of Comptroller, board and shareholders; terms and conditions; notice. (b) Liability of consolidated association; capital stock; dissenting shareholders. (c) Valuation of shares. (d) Appraisal by Comptroller; expenses of consolidated association; sale and resale of shares; State appraisal and consolidation law. (e) Status of consolidated association; property rights and interests vested and held as fiduciary. (f) Removal as fiduciary; discrimination. (g) Issuance of stock by consolidated association; preemptive rights. 215a. Merger of national banks or State banks into national banks. (a) Approval of Comptroller, board and shareholders; merger agreement; notice; capital stock; liability of receiving association. (b) Dissenting shareholders. (c) Valuation of shares. (d) Application to shareholders of merging associations: appraisal by Comptroller; expenses of receiving association; sale and resale of shares; State appraisal and merger law. (e) Status of receiving association; property rights and interests vested and held as fiduciary. (f) Removal as fiduciary; discrimination. (g) Issuance of stock by receiving association; preemptive rights. 215b. Definitions. SUBCHAPTER XVII - DISPOSITION OF UNCLAIMED PROPERTY RECOVERED FROM CLOSED NATIONAL BANKS 216. Purpose. 216a. Definitions. 216b. Disposition of unclaimed property. (a) Limitations for filing claims; publication of notice in Federal Register; contents of notice; disclosure of descriptive information; inspection of specific property. (b) Delivery of property to claimant upon proof of entitlement; determination of validity of claims; recoupment of expenses; liability for losses; insurance requirements. (c) Vesting of rights, title and interest in unclaimed property in United States; sale, use, destruction or disposition of property; proceeds of sale as miscellaneous receipts. (d) Liability for determination of validity of claims; liability for delivery, sale, etc., of property. (e) Court action for determination of ownership, etc., in State or Federal court of competent jurisdiction; de novo nature of action; parties. (f) Jurisdiction of United States Claims Court of actions against United States, Comptroller, officer, etc.; scope of review of actions of Comptroller; limitations; claims against Comptroller, officer, etc., as claim against United States. 216c. Rules and regulations. 216d. Severability. -SECREF- NATIONAL BANK ACT REFERRED TO IN OTHER SECTIONS Sections 21 et seq. of this title are referred to in sections 35, 40, 41, 377, 501a, 1440, 1817, 2254, 3102 of this title; title 18 section 334; title 28 section 1348. ------DocID 15187 Document 35 of 1934------ -CITE- 12 USC SUBCHAPTER I -EXPCITE- TITLE 12 CHAPTER 2 SUBCHAPTER I -HEAD- SUBCHAPTER I - ORGANIZATION AND GENERAL PROVISIONS ------DocID 15188 Document 36 of 1934------ -CITE- 12 USC Sec. 21 -EXPCITE- TITLE 12 CHAPTER 2 SUBCHAPTER I -HEAD- Sec. 21. Formation of national banking associations; incorporators; articles of association -STATUTE- Associations for carrying on the business of banking under title 62 of the Revised Statutes may be formed by any number of natural persons, not less in any case than five. They shall enter into articles of association, which shall specify in general terms the object for which the association is formed, and may contain any other provisions, not inconsistent with law, which the association may see fit to adopt for the regulation of its business and the conduct of its affairs. These articles shall be signed by the persons uniting to form the association, and a copy of them shall be forwarded to the Comptroller of the Currency, to be filed and preserved in his office. -SOURCE- (R.S. Sec. 5133.) -REFTEXT- REFERENCES IN TEXT Title 62 of the Revised Statutes, referred to in text, was in the original 'this Title' meaning title 62 of the Revised Statutes, consisting of R.S. Sec. 5133 to 5243, which are classified to sections 21, 22 to 24, 25a, 26 to 29, 35 to 37, 39, 51, 52, 53, 56, 57, 59 to 62, 66, 71, 72 to 76, 81 to 91, 93, 93a, 94, 101a, 102, 104, 107 to 110, 123, 124, 131 to 138, 141 to 144, 151, 152, 161, 164, 168 to 175, 181 to 186, 192 to 196, 481 to 485, 501, 541, 548, and 582 of this title. See, also, sections 8, 333, 334, 475, 656, 709, 1004, and 1005 of Title 18, Crimes and Criminal Procedure. For complete classification of R.S. Sec. 5133 to 5243 to the Code, see Tables. -COD- CODIFICATION R.S. Sec. 5133 derived from act June 3, 1864, ch. 106, Sec. 5, 13 Stat. 100, which was the National Bank Act. See section 38 of this title. -TRANS- EXCEPTION AS TO TRANSFER OF FUNCTIONS Functions vested by any provision of law in Comptroller of the Currency, referred to in this section, not included in transfer of functions to Secretary of the Treasury, see note set out under section 1 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 153 of this title. ------DocID 15189 Document 37 of 1934------ -CITE- 12 USC Sec. 21a -EXPCITE- TITLE 12 CHAPTER 2 SUBCHAPTER I -HEAD- Sec. 21a. Amendment of articles of association -STATUTE- Except as otherwise specifically provided by law, or by the articles of association of the particular national banking association, the articles of association of a national banking association may be amended with respect to any lawful matter, and any action requiring the approval of the stockholders of such association may be had by the approving vote of the holders of a majority of the voting shares of the stock of the association obtained at a meeting of the stockholders called and held pursuant to notice given by mail at least ten days prior to the meeting or pursuant to a waiver of such notice given by all stockholders entitled to receive notice of such meeting. A certified copy of every amendment to the articles of association adopted by the shareholders of a national banking association shall be forwarded to the Comptroller of the Currency, to be filed and preserved in his office. -SOURCE- (Pub. L. 86-230, Sec. 13, Sept. 8, 1959, 73 Stat. 458.) ------DocID 15190 Document 38 of 1934------ -CITE- 12 USC Sec. 22 -EXPCITE- TITLE 12 CHAPTER 2 SUBCHAPTER I -HEAD- Sec. 22. Organization certificate -STATUTE- The persons uniting to form such an association shall, under their hands, make an organization certificate, which shall specifically state: First. The name assumed by such association; which name shall include the word 'national'. Second. The place where its operations of discount and deposit are to be carried on, designating the State, Territory, or District, and the particular county and city, town, or village. Third. The amount of capital stock and the number of shares into which the same is to be divided. Fourth. The names and places of residence of the shareholders and the number of shares held by each of them. Fifth. The fact that the certificate is made to enable such persons to avail themselves of the advantages of title 62 of the Revised Statutes. -SOURCE- (R.S. Sec. 5134; Pub. L. 86-230, Sec. 25, Sept. 8, 1959, 73 Stat. 466; Pub. L. 97-320, title IV, Sec. 405(b), Oct. 15, 1982, 96 Stat. 1512.) -REFTEXT- REFERENCES IN TEXT Title 62 of the Revised Statutes, referred to in par. Fifth, was in the original 'this Title' meaning title 62 of the Revised Statutes, consisting of R.S. Sec. 5133 to 5243, which are classified to sections 21, 22 to 24, 25a, 26 to 29, 35 to 37, 39, 51, 52, 53, 56, 57, 59 to 62, 66, 71, 72 to 76, 81 to 91, 93, 93a, 94, 101a, 102, 104, 107 to 110, 123, 124, 131 to 138, 141 to 144, 151, 152, 161, 164, 168 to 175, 181 to 186, 192 to 196, 481 to 485, 501, 541, 548, and 582 of this title. See, also, sections 8, 333, 334, 475, 656, 709, 1004, and 1005 of Title 18, Crimes and Criminal Procedure. For complete classification of R.S. Sec. 5133 to 5243 to the Code, see Tables. -COD- CODIFICATION R.S. Sec. 5134 derived from act June 3, 1864, ch. 106, Sec. 6, 13 Stat. 101, which was the National Bank Act. See section 38 of this title. -MISC3- AMENDMENTS 1982 - Par. First. Pub. L. 97-320 struck out 'and be subject to the approval of the Comptroller of the Currency' after 'national'. 1959 - Par. First. Pub. L. 86-230 substituted 'which named shall include the word 'national' and be' for 'which name shall be'. -CROSS- CROSS REFERENCES Business, transaction in place specified in organization certificate, see section 81 of this title. Change of name or location, see section 30 of this title. ------DocID 15191 Document 39 of 1934------ -CITE- 12 USC Sec. 23 -EXPCITE- TITLE 12 CHAPTER 2 SUBCHAPTER I -HEAD- Sec. 23. Acknowledgment and filing of certificate -STATUTE- The organization certificate shall be acknowledged before a judge of some court of record, or notary public; and shall be, together with the acknowledgment thereof, authenticated by the seal of such court, or notary, transmitted to the Comptroller of the Currency, who shall record and carefully preserve the same in his office. -SOURCE- (R.S. Sec. 5135.) -COD- CODIFICATION R.S. Sec. 5135 derived from act June 3, 1864, ch. 106, Sec. 6, 13 Stat. 101, which was the National Bank Act. See section 38 of this title. -TRANS- EXCEPTION AS TO TRANSFER OF FUNCTIONS Functions vested by any provision of law in Comptroller of the Currency, referred to in this section, not included in transfer of functions to Secretary of the Treasury, see note set out under section 1 of this title. ------DocID 15192 Document 40 of 1934------ -CITE- 12 USC Sec. 24 -EXPCITE- TITLE 12 CHAPTER 2 SUBCHAPTER I -HEAD- Sec. 24. Corporate powers of associations -STATUTE- Upon duly making and filing articles of association and an organization certificate a national banking association shall become, as from the date of the execution of its organization certificate, a body corporate, and as such, and in the name designated in the organization certificate, it shall have power - First. To adopt and use a corporate seal. Second. To have succession from February 25, 1927, or from the date of its organization if organized after February 25, 1927, until such time as it be dissolved by the act of its shareholders owning two-thirds of its stock, or until its franchise becomes forfeited by reason of violation of law, or until terminated by either a general or a special Act of Congress or until its affairs be placed in the hands of a receiver and finally wound up by him. Third. To make contracts. Fourth. To sue and be sued, complain and defend, in any court of law and equity, as fully as natural persons. Fifth. To elect or appoint directors, and by its board of directors to appoint a president, vice president, cashier, and other officers, define their duties, require bonds of them and fix the penalty thereof, dismiss such officers or any of them at pleasure, and appoint others to fill their places. Sixth. To prescribe, by its board of directors, bylaws not inconsistent with law, regulating the manner in which its stock shall be transferred, its directors elected or appointed, its officers appointed, its property transferred, its general business conducted, and the privileges granted to it by law exercised and enjoyed. (FOOTNOTE 1) So in original. (1) the term 'qualified Canadian government obligations' means any debt obligation which is backed by Canada, any Province of Canada, or any political subdivision of any such Province to a degree which is comparable to the liability of the United States, any State, or any political subdivision thereof for any obligation which is backed by the full faith and credit of the United States, such State, or such political subdivision, and such term includes any debt obligation of any agent of Canada or any such Province or any political subdivision of such Province if - (A) the obligation of the agent is assumed in such agent's capacity as agent for Canada or such Province or such political subdivision; and (B) Canada, such Province, or such political subdivision on whose behalf such agent is acting with respect to such obligation is ultimately and unconditionally liable for such obligation; and (2) the term 'Province of Canada' means a Province of Canada and includes the Yukon Territory and the Northwest Territories and their successors. Eighth. To contribute to community funds, or to charitable, philanthropic, or benevolent instrumentalities conducive to public welfare, such sums as its board of directors may deem expedient and in the interests of the association, if it is located in a State the laws of which do not expressly prohibit State banking institutions from contributing to such funds or instrumentalities. Ninth. To issue and sell securities which are guaranteed pursuant to section 1721(g) of this title. Tenth. To invest in tangible personal property, including, without limitation, vehicles, manufactured homes, machinery, equipment, or furniture, for lease financing transactions on a net lease basis, but such investment may not exceed 10 percent of the assets of the association. -SOURCE- (R.S. Sec. 5136; July 1, 1922, ch. 257, Sec. 1, 42 Stat. 767; Feb. 25, 1927, ch. 191, Sec. 2, 44 Stat. 1226; June 16, 1933, ch. 89, Sec. 16, 48 Stat. 184; Aug. 23, 1935, ch. 614, title III, Sec. 308, 49 Stat. 709; Feb. 3, 1938, ch. 13, Sec. 13, 52 Stat. 26; June 11, 1940, ch. 301, 54 Stat. 261; June 29, 1949, ch. 276, Sec. 1, 63 Stat. 298; July 15, 1949, ch. 338, title VI, Sec. 602(a), 63 Stat. 439; Apr. 9, 1952, ch. 169, 66 Stat. 49; Aug. 2, 1954, ch. 649, title II, Sec. 203, 68 Stat. 622; Aug. 23, 1954, ch. 834, Sec. 2, 68 Stat. 771; July 26, 1956, ch. 741, title II, Sec. 201(c), 70 Stat. 667; Aug. 6, 1959, Pub. L. 86-137, Sec. 2, 73 Stat. 285; Aug. 7, 1959, Pub. L. 86-147, Sec. 10, 73 Stat. 301; Sept. 8, 1959, Pub. L. 86-230, Sec. 1(a), 73 Stat. 457; Sept. 16, 1959, Pub. L. 86-278, 73 Stat. 563; Sept. 23, 1959, Pub. L. 86-372, title IV, Sec. 420, 73 Stat. 679; Sept. 2, 1964, Pub. L. 88-560, title VII, Sec. 701(c), 78 Stat. 800; Mar. 16, 1966, Pub. L. 89-369, Sec. 10, 80 Stat. 72; Nov. 3, 1966, Pub. L. 89-754, title V, Sec. 504(a)(1), 80 Stat. 1277; May 25, 1967, Pub. L. 90-19, Sec. 27(a), 81 Stat. 28; Aug. 1, 1968, Pub. L. 90-448, title VIII, Sec. 804(c), 807(j), title IX, Sec. 911, title XVII, Sec. 1705(h), 82 Stat. 543, 545, 550, 605; Aug. 12, 1970, Pub. L. 91-375, Sec. 6(d), 84 Stat. 776; June 23, 1972, Pub. L. 92-318, title I, Sec. 133(c)(1), 86 Stat. 269; Dec. 9, 1969, Pub. L. 91-143, Sec. 12(b), as added July 13, 1972, Pub. L. 92-349, title I, Sec. 101, 86 Stat. 466; Oct. 18, 1972, Pub. L. 92-500, Sec. 12(n), 86 Stat. 902; Aug. 16, 1973, Pub. L. 93-100, Sec. 5(c), 87 Stat. 344; Dec. 29, 1973, Pub. L. 93-224, Sec. 14, 87 Stat. 941; Dec. 31, 1973, Pub. L. 93-234, title II, Sec. 207, 87 Stat. 984; Aug. 22, 1974, Pub. L. 93-383, title II, Sec. 206, title VIII, Sec. 805(c)(1), 88 Stat. 668, 726; Mar. 31, 1980, Pub. L. 96-221, title VII, Sec. 711, 94 Stat. 189; Aug. 13, 1981, Pub. L. 97-35, title XIII, Sec. 1342(a), 95 Stat. 743; Oct. 15, 1982, Pub. L. 97-320, title IV, Sec. 404(b), 96 Stat. 1511; Jan. 12, 1983, Pub. L. 97-457, Sec. 18, 96 Stat. 2509; Oct. 3, 1984, Pub. L. 98-440, title I, Sec. 105(c), 98 Stat. 1691; Oct. 12, 1984, Pub. L. 98-473, title I, Sec. 101(1) (title I, Sec. 101), 98 Stat. 1884, 1885; Aug. 10, 1987, Pub. L. 100-86, title I, Sec. 108, 101 Stat. 579; Sept. 28, 1988, Pub. L. 100-449, title III, Sec. 308, 102 Stat. 1877; Nov. 5, 1990, Pub. L. 101-513, title V, Sec. 562(c)(10)(B), (e)(1)(B), 104 Stat. 2036, 2037.) -REFTEXT- REFERENCES IN TEXT Title 62 of the Revised Statutes, referred to in par. Seventh, was in the original 'this Title' meaning title 62 of the Revised Statutes, consisting of R.S. Sec. 5133 to 5243, which are classified to sections 21, 22 to 24, 25a, 26 to 29, 35 to 37, 39, 51, 52, 53, 56, 57, 59 to 62, 66, 71, 72 to 76, 81 to 91, 93, 93a, 94, 101a, 102, 104, 107 to 110, 123, 124, 131 to 138, 141 to 144, 151, 152, 161, 164, 168 to 175, 181 to 186, 192 to 196, 481 to 485, 501, 541, 548, and 582 of this title. See, also, sections 8, 333, 334, 475, 656, 709, 1004, and 1005 of Title 18, Crimes and Criminal Procedure. For complete classification of R.S. Sec. 5133 to 5243 to the Code, see Tables. The Federal Farm Loan Act, referred to in par. Seventh, is act July 17, 1916, ch. 245, 39 Stat. 360, which was classified to section 641 et seq. of this title prior to its repeal by Pub. L. 92-181, Sec. 5.26(a), Dec. 10, 1971, 85 Stat. 624. See chapter 23 (Sec. 2001 et seq.) of this title. The National Housing Act, referred to in par. Seventh, is act June 27, 1934, ch. 847, 48 Stat. 1246, as amended. Title XI of the National Housing Act is title XI of act June 27, 1934, ch. 847, as added by act Nov. 3, 1966, Pub. L. 89-754, title V, Sec. 502(a), 80 Stat. 1274, which is classified generally to subchapter IX-B (Sec. 1749aaa et seq.) of chapter 13 of this title. For complete classification of this Act to the Code, see section 1701 of this title and Tables. Section 110 of the Housing Act of 1949 (42 U.S.C. 1460), referred to in par. Seventh, was omitted from the Code pursuant to section 5316 of Title 42, The Public Health and Welfare, which terminated authority to make grants or loans under title I of that Act (42 U.S.C. 1450 et seq.) after Jan. 1, 1975. The United States Housing Act of 1937, referred to in par. Seventh, is act Sept. 1, 1937, ch. 896, as revised generally by Pub. L. 93-383, title II, Aug. 22, 1974, 88 Stat. 653, and is classified to chapter 8 (Sec. 1437 et seq.) of Title 42. For complete classification of this Act to the Code, see Short Title note set out under section 1437 of Title 42 and Tables. The Housing and Urban Development Act of 1968, referred to in par. Seventh, is Pub. L. 90-448, Aug. 1, 1968, 82 Stat. 476, as amended. Title IX of the Housing and Urban Development Act is classified principally to chapter 49 (Sec. 3931 et seq.) of Title 42. For complete classification of this Act to the Code, see Short Title of 1968 Amendment note set out under section 1701 of this title and Tables. -COD- CODIFICATION Amendment by Pub. L. 98-473 is based on section 211(a) of title II of S. 2416, as introduced in the Senate on Mar. 13, 1984, which was enacted into permanent law by section 101(1) of Pub. L. 98-473. R.S. Sec. 5136 derived from act June 3, 1864, ch. 106, Sec. 8, 13 Stat. 101, which was the National Bank Act. See section 38 of this title. -MISC3- AMENDMENTS 1990 - Par. Seventh. Pub. L. 101-513 inserted 'the European Bank for Reconstruction and Development,' before 'the Inter-American Development Bank,' and substituted 'the African Development Bank, the Inter-American Investment Corporation, or the International Finance Corporation,' for 'the African Development Bank or the Inter-American Investment Corporation,'. 1988 - Par. Seventh. Pub. L. 100-449 inserted provisions authorizing national banking associations to deal in, underwrite, and purchase Canadian government obligations for the association's own account. 1987 - Par. Tenth. Pub. L. 100-86 added par. Tenth. 1984 - Par. Seventh. Pub. L. 98-473 inserted reference to the Inter-American Investment Corporation. Pub. L. 98-440 inserted provision that the limitations and restrictions contained in this paragraph as to an association purchasing investment securities for its own account shall not apply to securities offered and sold pursuant to section 15 U.S.C. 77d(5), or that are mortgage related securities (as defined in 15 U.S.C. 78c(a)(41)), subject to such regulations as the Comptroller of the Currency may prescribe. 1983 - Par. Seventh. Pub. L. 97-457 substituted '10 per centum of the association's' for '10 per centum of its' after 'exceed at any time'. 1982 - Par. Seventh. Pub. L. 97-320 substituted 'Provided further, That notwithstanding any other provision of this paragraph, the association may purchase for its own account shares of stock of a bank insured by the Federal Deposit Insurance Corporation or a holding company which owns or controls such an insured bank if the stock of such bank or company is owned exclusively (except to the extent directors' qualifying shares are required by law) by depository institutions and such bank or company and all subsidiaries thereof are engaged exclusively in providing services for other depository institutions and their officers, directors, and employees, but in no event shall the total amount of such stock held by the association in any bank or holding company exceed at any time 10 per centum of its capital stock and paid in and unimpaired surplus and in no event shall the purchase of such stock result in an association's acquiring more than 5 per centum of any class of voting securities of such bank or company' for 'Provided further, That, notwithstanding any other provision of this paragraph, the association may purchase for its own account shares of stock of a bank insured by the Federal Deposit Insurance Corporation if the stock of such bank is owned exclusively by other banks (except to the extent State law requires directors qualifying shares) and if such bank is engaged exclusively in providing banking services for other banks and their officers, directors, or employees, but in no event shall the total amount of such stock held by the association exceed at any time 10 per centum of its capital stock and paid in and unimpaired surplus, and in no event shall the purchase of such stock result in the association's acquiring more than 5 per centum of any class of voting securities of such bank'. 1981 - Par. Seventh. Pub. L. 97-35 inserted reference to the African Development Bank. 1980 - Par. Seventh. Pub. L. 96-221 inserted proviso relating to purchase of stock in bankers' banks. 1974 - Par. Seventh. Pub. L. 93-383 substituted 'section 6(g) of the United States Housing Act of 1937' for references to section 1421a(b) of title 42 wherever appearing, struck out 'either' before '(1)', '(which obligations shall have a maturity of not more than eighteen months)' in cl. (1) and 'or' before '(2)', added cl. (3), and inserted reference to mortgages, obligations, or other securities sold by the Federal Home Loan Mortgage Corporation pursuant to section 1454 or 1455 of this title. 1973 - Par. Seventh. Pub. L. 93-234 authorized investments by national banks in agricultural credit corporations. Pub. L. 93-224 inserted 'or obligations of the Federal Financing Bank' after 'or obligations, participations, or other instruments of or issued by the Federal National Mortgage Association or the Government National Mortgage Association'. Pub. L. 93-100 inserted provision that the association may purchase shares of stock issued by state housing corporations incorporated in the state in which the association is located and make investments in loans and commitments for loans to such corporations with certain limitations. 1972 - Par. Seventh. Pub. L. 92-500 inserted 'or obligations of the Environmental Financing Authority' after 'Government National Mortgage Association'. Pub. L. 92-349 inserted provisions that limitations and restrictions contained in this section as to dealing in and underwriting investment securities shall not apply to obligations of the Washington Metropolitan Area Transit Authority which are guaranteed by the Secretary of Transportation under section 9 of the National Capital Transportation Act of 1969. Pub. L. 92-318 included obligations or other instruments or securities of the Student Loan Marketing Association. 1970 - Par. Seventh. Pub. L. 91-375 made limitations and restrictions contained in this section as to dealing in and underwriting investment securities inapplicable to bonds, notes and other obligations issued by the United States Postal Service. 1968 - Par. Seventh. Pub. L. 90-448, Sec. 807(j), inserted 'or the Government National Mortgage Association' after 'Federal National Mortgage Association'. Pub. L. 90-448, Sec. 911, authorized the association to purchase for its own account shares of stock issued by a corporation authorized to be created pursuant to sections 3931-3940 of title 42, and to make investments in a partnership, limited partnership, or joint venture formed pursuant to section 3937(a) or 3937(c) of title 42. Pub. L. 90-448, Sec. 1705(h), included obligations issued by any State or political subdivision or any agency of a State or political subdivision for housing, university, or dormitory purposes. Par. Ninth. Pub. L. 90-448, Sec. 804(c), added par. Ninth. 1967 - Par. Seventh. Pub. L. 90-19 substituted 'Secretary of Housing and Urban Development (hereafter in this sentence referred to as the 'Secretary')' for 'Federal Housing Administrator'; and 'Secretary' for 'Housing and Home Finance Administrator' after 'local public agency and the', for 'Administrator' in two instances just before 'agrees to lend', and for 'Public Housing Administration' wherever appearing in cls. (1) and (2), respectively. 1966 - Par. Seventh. Pub. L. 89-754 made limitations and restrictions for dealing, underwriting, and purchasing for its own account of investment securities inapplicable to obligations which are insured by Secretary of Housing and Urban Development under provisions relating to mortgage insurance for group practice facilities. Pub. L. 89-369 inserted provisions that limitations and restrictions contained in this section as to dealing in and underwriting investment securities shall not apply to obligations issued by the Asian Development Bank. 1964 - Par. Seventh. Pub. L. 88-560 substituted 'or obligations, participations, or other instruments of or issued by the Federal National Mortgage Association' for 'or obligations of the Federal National Mortgage Association'. 1959 - Par. Seventh. Pub. L. 86-372 substituted 'monies in an aggregate amount which (together with any other monies irrevocably committed to the payment of interest on such obligations) will suffice to pay, when due, the interest on and all installments (including the final installment) of the principal of such obligations, which monies under the terms of said agreement are required to be used for such payments' for 'prior to the maturity of such obligations (which obligations shall have a maturity of not more than eighteen months), monies in an amount which (together with any other monies irrevocably committed to the payment of interest on such obligations) will suffice to pay the principal of such obligations with interest to maturity thereon, which monies under the terms of said agreement are required to be used for the purpose of paying the principal of and the interest on such obligations at their maturity' after 'local public agency,'. Pub. L. 86-278 substituted 'any' for 'either' before 'of said organizations' in last sentence. Pub. L. 86-230 struck out 'or the Home Owners' Loan Corporation' after 'Federal Home Loan Banks'. Pub. L. 86-147 inserted provisions that limitations and restrictions contained in this section as to dealing in and underwriting investment securities shall not apply to obligations issued by the Inter-American Development Bank. Pub. L. 86-137 inserted provisions that limitations and restrictions contained in this section as to dealing in and underwriting investment securities shall not apply to bonds, notes and other obligations issued by the Tennessee Valley Authority. 1959 - Par. Seventh. Pub. L. 86-372 substituted 'monies in an aggregate amount which (together with any other monies irrevocably committed to the payment of interest on such obligations) will suffice to pay, when due, the interest on and all installments (including the final installment) of the principal of such obligations, which monies under the terms of said agreement are required to be used for such payments' for 'prior to the maturity of such obligations (which obligations shall have a maturity of not more than eighteen months), monies in an amount which (together with any other monies irrevocably committed to the payment of interest on such obligations) will suffice to pay the principal of such obligations with interest to maturity thereon, which monies under the terms of said agreement are required to be used for the purpose of paying the principal of and the interest on such obligations at their maturity' following 'local public agency,'. Pub. L. 86-278 substituted 'any' for 'either' before 'of said organizations' in last sentence. Pub. L. 86-230 struck out 'or the Home Owners' Loan Corporation' after 'Federal Home Loan Banks'. Pub. L. 86-147 inserted provisions that limitations and restrictions contained in this section as to dealing in and underwriting investment securities shall not apply to obligations issued by the Inter-American Development Bank. Pub. L. 86-137 inserted provisions that limitations and restrictions contained in this section as to dealing in and underwriting investment securities shall not apply to bonds, notes and other obligations issued by the Tennessee Valley Authority. 1956 - Par. Seventh. Act July 26, 1956, removed restriction which prohibited a national bank from investing in obligations of the thirteen banks for cooperatives an amount exceeding 10 percent of its capital stock actually paid in and unimpaired and 10 percent of its unimpaired surplus. 1954 - Par. Seventh. Act Aug. 23, 1954, substituted 'thirteen banks for cooperatives organized under the Farm Credit Act of 1933, or any of them' for 'Central Bank for Cooperatives' in last sentence. Act Aug. 2, 1954, substituted 'or obligations of the Federal National Mortgage Association' for 'or obligations of national mortgage associations' in sixth sentence. 1952 - Par. Seventh. Act Apr. 9, 1952, enabled national banks and State member banks of the Federal Reserve System to receive compensation in the distribution of debentures issued by the Central Bank for Cooperation. 1949 - Par. Seventh. Act July 15, 1949, inserted, in next to last sentence, 'or such obligations of any local public agency (as defined in section 110(h) of the Housing Act of 1949) as are secured by an agreement between the local public agency and the Housing and Home Finance Administrator in which the local public agency agrees to borrow from said Administrator, and said Administrator agrees to lend to said local public agency, prior to the maturity of such obligations (which obligations shall have a maturity of not more than eighteen months), monies in an amount which (together with any other monies irrevocably committed to the payment of interest on such obligations) will suffice to pay the principal of such obligations with interest to maturity thereon, which monies under the terms of said agreement are required to be used for the purpose of paying the principal of and the interest on such obligations at their maturity, or such obligations of a public housing agency (as defined in the United States Housing Act of 1937, as amended) as are secured either (1) by an agreement between the public housing agency and the Public Housing Administration in which the public housing agency agrees to borrow from the Public Housing Administration, and the Public Housing Administration agrees to lend to the public housing agency, prior to the maturity of such obligations (which obligations shall have a maturity of not more than eighteen months), monies in an amount which (together with any other monies irrevocably committed to the payment of interest on such obligations) will suffice to pay the principal of such obligations with interest to maturity thereon, which monies under the terms of said agreement are required to be used for the purpose of paying the principal of and the interest on such obligations at their maturity, or (2) by a pledge of annual contributions under an annual contributions contract between such public housing agency and the Public Housing Administration if such contract shall contain the covenant by the Public Housing Administration which is authorized by subsection (b) of section 22 of the United States Housing Act of 1937, as amended, and if the maximum sum and the maximum period specified in such contract pursuant to said subsection 22(b) shall not be less than the annual amount and the period for payment, which are requisite to provide for the payment when due of all installments of principal and interest on such obligations'. Act June 29, 1949, inserted last sentence to permit national banks and State memb