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or dispose of the same at public auction or private sale......... 133
and accept in payment the circulating notes secured thereby... 133

call for special reports from banking associations....

CONFLICT OF OPINION, in decisions of State courts relative to taxation of national

banks..

CONVERSION OF STATE BANKS. (See State banks.)...........................
CORPORATE EXISTENCE, dates from execution of preliminary certificate of organiza-

tion ............

duration of; powers incident to.........

COUNTERFEITING, uttering false notes, engraving, possessing, or using false plates,
possessing paper adapted to such use-felonious, and punishable
by fine and imprisonment.........

150

127

129

105

105

CURRENCY BUREAU, establishment and functions of...

where to be located.........

DEBTS DUE FROM STOCKHOLDERS, banks have no lien on shares for, unless expressly
authorized by articles of association...

DEBTS Owing to banks and collectable by receiver, the term defined...
DEPOSITARIES OF PUBLIC MONEY, banks to act as, when designated by Secretary of
the Treasury, and on giving satisfactory security....

140

101

102

106

134

130

to receive at par all national bank notes paid to the Government....... 131
DEPOSIT OF BANK FUNDS with bankers, constitutes a loan which cannot be secured
by hopothecation of shares..................

DEPUTY COMPTROLLER, appointment, functions, and salary of..................................

how qualified......

DIRECTORS, qualifications of, oath of office..

may be appointed in first instance by association...

123

101

102

106

105

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may make by-laws, appoint and dismiss officers, and fill vacancies... 105-107
wilful violations of the banking laws, by or with knowledge and con-
sent of, to work a forfeiture of franchise.......

136

question of forfeiture in such case to be determined in a Uni-
ted States court.....

137

(See Election. Officers.)

personally and individually responsible for damages in such cases...... 137

DISTRICT ATTORNEYS, to conduct suits under banking laws.......................

but private counsel may also be retained.................
DISTRICT COURTS OF UNITED STATES, may make order allowing receiver to compro-

138

138

mise doubtful claims in favor of bank....... 131

NATIONAL BANKS-Continued:

PAGE

DIVIDENDS, may be declared semi-annually........

122

none to be made while a deficiency in the lawful money reserve exists, 121
nor when losses equal or exceed profits......

124

one-tenth of net profits for the six months next preceding, to be carried

to surplus fund....

123

capital not to be diminished in form of..

124

not to exceed net profits on hand after deducting losses and bad debts, 124

ELECTION OF DIRECTORS, after those first chosen, to be annual..

107

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omission of, at usual time, not to work a dissolution of association........ 107
how remedied...

107

108

each share entitled to one vote at...........
shareholders may vote by proxy at; officers, etc., not to act as proxies... 108
delinquent shareholders debarred from voting at...

ENGRAVING, to be done under supervision of Comptroller.....
EXAMINATION, preliminary to authorization by Comptroller..

objects of, and how made......

and comparison of bonds deposited

108

115, 125

111

112

116

to be made by banks or their agents annually...... 116
on completion of, result to be certified to Treasurer, 117

as to condition of banks, to be made from time to time...
EXAMINERS OF BANKS, appointment, duties, and compensation of........
FIDUCIARIES, holding stock, not personally liable. (See Shares.).....
FIRE-PROOF VAULTS, for preservation of plates, dies, etc........
FORGERY, of notes, etc. (See Counterfeiting.)..

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to keep reserve in coin equal to 25 per cent. of outstanding notes...... 154
to receive at par notes of all other solvent gold banks.................................
subject to provisions of general banking law, with certain exceptions, 155
in San Francisco need not redeem at New York.....

155

122

need not receive currency notes at par...........................

122

HOLDERS OF NOTES, when and how to be notified in case of voluntary liquidation 128
in case of compulsory liquidation. (See Liquidation.)......

HOLDING OF SHARES AS SECURITY, when prohibited.....

HYPOTHECATION OF CIRCULATING NOTES forbidden......

INDEBTEDNESS, never to exceed capital stock paid in...

exceptions to the rule...

INDIVIDUAL LIABILITY. (See Directors. Shareholders.)

Insolvent OR FAILING BANKS, notes of, not to be paid out or put in circulation.

(See Liquidation.).......

INTEREST, rate of, on loans and discounts........

123

124

123

123

124

119

PAGE.

NATIONAL BANKS-Continued:

INTEREST-Continued:

when limited to seven per cent...

in excess of legal rate, penalties for charging or taking.....
lawful, with current rate of exchange added, not excessive.....

119

120

120

INJUNCTION, to prevent liquidation, when and how obtainable by banks........ 135, 136
LIABILITY OF STOCKHOLDERS: (See Shares. Shareholders.)

limit of, par value of shares, exclusive of amount in-
vested.....

108

for equitable contribution applies to all who can be reached
by legal process.......

108

LIST OF SHAREHOLDERS, to be kept by president and cashier..

what to contain.......

to be subject to inspection.......

when enforced, action of Comptroller indispensable......... 134

125

125

125

who may inspect, and when......

125

copy of, to be transmitted annually to Comptroller......... 125
verified by oath of president or cashier.

LIQUIDATION AND CLOSING OF BANKS...
voluntary, by two-third vote of shareholders in interest.......

125
127-129
127

fact of, to be certified, under seal, to Comptroller................................... 128
to be published, where and how.....

128

holders of notes and other creditors to be notified of....... 128
within six months from date of vote provision must be
made for redemption of outstanding notes........... 128, 157
and liability of association on account of such
notes terminated...........

128

otherwise bonds may be sold by Comptroller......... 158
redemption and disposition of notes by Treasurer... 128, 129
compulsory, when it may be enforced, viz:

for deficiency in surplus required to be maintained by
banks with capital of $5,000,000 or upwards.......108, 109
failure to make good deficiency in capital stock...... 110
in lawful money reserve.........................

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notes to be protested unless protest is waived......... ..... 131
or unless payment has been restrained by order of court. 131
notice of protest or waiver to be forwarded to Comptroller. 131
who is thereupon to appoint a receiver. (See Receiver.)... 133
investigation to be made forthwith by Comptroller........ 132
special agent for, to be appointed and im-

mediate notice given to bank............. 132
pending which, bank may be suspended... 131

within thirty days from notice of failure, bonds on de-
posit may be forfeited..............................

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NATIONAL BANKS-Continued:

LIQUIDATON AND CLOSING OF BANKS-Continued:

PAGE.

notes to be thereupon redeemed by Treasurer..... 132
Secretary to regulate disposition of redeemed notes. 132
Comptroller to cancel bonds on deposit.............. 132
or dispose of them at public or private sale......... 133
limitations and conditions relating to sale.......... 133
United States to have prior lion on assets, after
payment of costs and expenses....

132, 133
proceedings on, may be stayed by injunction....... 135, 136
where injunction is to be obtained.....

139

LOANS AND DISCOUNTS, never to exceed one-tenth of capital stock paid in................................ 119
on bona fide paper, under certain conditions, not included within the
limit.......

rates of interest on, regulated. (See Interest.)..........

not to be made on security of stock of banks making loan..........

to be made in notes of solvent banks receivable at par...

MEMORANDUM, on bonds transferred to Treasurer, may be signed by officer making

the deposit........

MISDEMEANORS. (See Officers.).......................

MUTILATION OF NOTES, &c., penalty incurred for...........

MUTILATED AND WORN-OUT NOTES, may be exchanged for new...

to be burned.......

NAME OF ASSOCIATION, to be stated in preliminary certificate...

in case of State banks converted......

subject to approval of Comptroller......

OFFICERS, to be appointed and dismissed by board of directors.....

manner of appointment to be regulated by by-laws..

and employés not to act as proxies.......

119

119

123

124

112

137

139

116

116

103

129

103

105

106

108

OFFICERS, EMPLOYÉS, OR AGENTS, when to be deemed guilty of misdemeanor... 137, 138

what acts of, forbidden, and how punished...........................
persons aiding or abetting, liable to same punishment as
principals.

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no change, impairing rights of creditors, to be made in.....
may provide for increase of capital..............
Not less than five persons competent to organize.......
Certificate of, what to contain...........

to be acknowledged, authenticated, and transmitted to Comptroller, 104
certified copies of, when, where, and to what extent legal evidence.. 104

When to be deemed complete, and certified by Comptroller...
When Comptroller's certificate may be withheld........

PAR VALUE OF SHARES, one hundred dollars.......................

111, 112

104, 109

108

the measure of liability over and above amount invested.. 108
PERSONAL LIABILITY OF STOCKHOLDERS, when it is to be enforced action by Comp-
troller indispensable. (See Receiver.).............. 134

PLACE OF BUSINESS to be designated in preliminary certificate of organization.............. 103

NATIONAL BANKS-Continued:

PAGE.

PLATES AND DIES. (See Engraving. Circulating Notes. Counterfeiting.)......... 115, 125
subject to control and direction of Comptroller....
expense of, how provided for..........

POST NOTES, issuing of, for circulation, prohibited...

PRESIDENT to be selected from and appointed by board of directors.........

to give security if required by association...........

or cashier to certify payment of instalments of capital...
to verify final statement of organization........

125

125

116

105, 106

105

110

112

117

126

150

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to verify semi-annual returns..............

reports made to Comptroller.......

and reports of dividends and net earnings....... 150, 151

and cashier to keep list of stockholders..........

or cashier to certify to comptroller vote of liquidation...

of redemption bank may waive protest

may be removed at any time by board of directors...

......

PRIORITY OF PAYMENT, no right of, in the United States as against private creditors,
except for amount expended in redeeming notes of insol-
vent banks

PROXY, shareholders may vote by..

no officer, clerk, teller, or book-keeper to act as..

PURCHASE OF SHARES, by banks, when prohibited......

REAL ESTATE may be bought, held, and conveyed by banks....
limitations of the privilege....................

may be taxed by state authority.........

RECEIVER, appointed by Comptroller, and subject to his direction.......

to give security and take possession of books and assets.................
collect all debts, dues, and claims.....

his power over residue of proceeds of bonds deposited, diversity of opin-
ion concerning......

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debts to which proceeds of assets may be applied by.....

134

succeeds to right of appeal in certain cases......

134

is a United States officer, and may bring suits in his official capacity in
United States courts..

134

may obtain from a district court of United States authority to compro-
mise doubtful debts........

134

is the statutory assignee who must institute suits for recovery of debts
due bank; creditors of banks not properly parties........

134

a proper party in proceedings for adjudication of claims against bank... 135
may, under order of court, compound doubtful debts, and sell real and
personal estate.................

134

may, if necessary to pay debts of association, enforce individual liability
of stockholders. (See Personal Liability.)................
moneys realized iy, to be deposited with Treasurer, subject to order of
Comptroller......

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