Applications for membership
by State banks. Any bank incorporated by special law of any State,
operating under the Code of Law for the District of Columbia, or organized
under the general laws of any State or of the United States, including
Morris Plan banks and other incorporated banking institutions engaged
in similar business, desiring to become a member of the Federal Reserve
System, may make application to the Board of Governors of the Federal
reserve system, under such rules and regulations as it may prescribe,
for the right to subscribe to the stock of the Federal reserve bank
organized within the district in which the applying bank is located. Such
application shall be for the same amount of stock that the applying
bank would be required to subscribe to as a national bank. For the
purposes of membership of any such bank the terms “capital” and “capital
stock” shall include the amount of outstanding capital notes and debentures
legally issued by the applying bank and purchased by the Reconstruction
Finance Corporation. The Board of Governors of the Federal Reserve
System, subject to the provisions of this Act and to such conditions
as it may prescribe pursuant thereto may permit the applying bank
to become a stockholder of such Federal reserve bank.
[12 USC 321. As amended
by act of June 21, 1917 (40 Stat. 232), which completely revised this
section; and by acts of Feb. 25, 1927 (44 Stat. 1229); June 16, 1933
(48 Stat. 164); June 16, 1934 (48 Stat. 971). See also
3-487, concerning membership of mutual savings banks.]
3-484
Payment of subscription. Whenever
the Board of Governors of the Federal Reserve System shall permit
the applying bank to become a stockholder in the Federal reserve bank
of the district its stock subscription shall be payable on call of
the Board of Governors of the Federal Reserve System, and stock issued
to it shall be held subject to the provisions of this Act.
[12 USC 323. As amended
by act of June 21, 1917 (40 Stat. 233), which completely revised this
section.]
3-485
Forfeiture of membership. If
at any time it shall appear to the Board of Governors of the Federal
Reserve System that a member bank has failed to comply with the provisions
of this section or the regulations of the Board of Governors of the
Federal Reserve System made pursuant thereto, or has ceased to exercise
banking functions without a receiver or liquidating agent having been
appointed therefor, it shall be within the power of the board after
hearing to require such bank to surrender its stock in the Federal
reserve bank and to forfeit all rights and privileges of membership.
* * *
[12
USC 327. As amended by act of June 21, 1917 (40 Stat. 233), which
completely revised this section; and further amended by act of April
23, 1930 (46 Stat. 251).]
3-486
Voluntary
withdrawal from membership. Any State bank or trust company desiring
to withdraw from membership in a Federal reserve bank may do so, after
six months’ written notice shall have been filed with the Board of
Governors of the Federal Reserve System, upon the surrender and cancellation
of all of its holdings of capital stock in the Federal reserve bank: Provided, That the Board of Governors of the Federal Reserve
System, in its discretion and subject to such conditions as it may
prescribe, may waive such six months’ notice in individual cases and
may permit any such State bank or trust company to withdraw from membership
in a Federal reserve bank prior to the expiration of six months from
the date of the written notice of its intention to withdraw: Provided,
however, That no Federal reserve bank shall, except under express
authority of the Board of Governors of the Federal Reserve System,
cancel within the same calendar year more than twenty-five per centum
of its capital stock for the purpose of effecting voluntary withdrawals
during that year. All such applications shall be dealt with in the
order in which they are filed with the board. Whenever a member bank
shall surrender its stock holdings in a Federal reserve bank, or shall
be ordered to do so by the Board of Governors of the Federal Reserve
System, under authority of law, all of its rights and privileges as
a member bank shall thereupon cease and determine, and after due provision
has been made for any indebtedness due or to become due to the Federal
Reserve bank it shall be entitled to a refund of its cash subscription
with interest at the rate of one-half of one per centum per month
from date of last dividend, if earned, the amount refunded in no event
to exceed the book value of the stock at that time, and shall likewise
be entitled to repayment of deposits and of any other balance due
from the Federal reserve bank.
[12 USC 328. As added
by act of June 21, 1917 (40 Stat. 233), which completely revised this
section; and amended by act of April 17, 1930 (46 Stat. 170).]
3-487
Admission to membership of mutual
savings banks. Any mutual savings bank having no capital stock
(including any other banking institution the capital of which consists
of weekly or other time deposits which are segregated from all other
deposits and are regarded as capital stock for the purposes of taxation
and the declaration of dividends), but having surplus and undivided
profits not less than the amount of capital required for the organization
of a national bank in the same place, may apply for and be admitted
to membership in the Federal Reserve System in the same manner and
subject to the same provisions of law as State banks and trust companies,
except that any such savings banks shall subscribe for capital stock
of the Federal reserve bank in an amount equal to six-tenths of 1
per centum of its total deposit liabilities as shown by the most recent
report of examination of such savings bank preceding its admission
to membership. Thereafter such subscription shall be adjusted semiannually
on the same percentage basis in accordance with rules and regulations
prescribed by the Board of Governors of the Federal Reserve System.
If any such mutual savings bank applying for membership is not permitted
by the laws under which it was organized to purchase stock in a Federal
reserve bank, it shall, upon admission to the system, deposit with
the Federal reserve bank an amount equal to the amount which it would
have been required to pay in on account of a subscription to capital
stock. Thereafter such deposit shall be adjusted semiannually in the
same manner as subscriptions for stock. Such deposits shall be subject
to the same conditions with respect to repayment as amounts paid upon
subscriptions to capital stock by other member banks and the Federal
reserve bank shall pay interest thereon at the same rate as dividends
are actually paid on outstanding shares of stock of such Federal reserve
bank. If the laws under which any such savings bank was organized
be amended so as to authorize mutual savings banks to subscribe for
Federal reserve bank stock, such savings bank shall thereupon subscribe
for the appropriate amount of stock in the Federal reserve bank, and
the deposit hereinbefore provided for in lieu of payment upon capital
stock shall be applied upon such subscription. If the laws under which
any such savings bank was organized be not amended at the next session
of the legislature following the admission of such savings bank to
membership so as to authorize mutual savings banks to purchase Federal
reserve bank stock, or if such laws be so amended and such bank fail
within six months thereafter to purchase such stock, all of its rights
and privileges as a member bank shall be forfeited and its membership
in the Federal Reserve System shall be terminated in the manner prescribed
elsewhere in this section with respect to State member banks and trust
companies. Each such mutual savings bank shall comply with all the
provisions of law applicable to State member banks and trust companies,
with the regulations of the Board of Governors of the Federal Reserve
System and with the conditions of membership prescribed for such savings
bank at the time of admission to membership, except as otherwise hereinbefore
provided with respect to capital stock.
[12 USC 333. As added
by act of June 16, 1933 (48 Stat. 164).]