Title 12Banks and BankingRelease 119-73

§288 Cancellation of stock held by member bank on insolvency or discontinuance of banking operations for sixty days; repayment of cash-paid subscriptions

Title 12 › Chapter CHAPTER 3— - FEDERAL RESERVE SYSTEM › Subchapter SUBCHAPTER VI— - CAPITAL AND STOCK OF FEDERAL RESERVE BANKS; DIVIDENDS AND EARNINGS › § 288

Last updated Apr 6, 2026|Official source

Summary

When a member bank is declared insolvent and a receiver is named, the bank’s stock in its Federal Reserve Bank is canceled. That cancelation does not reduce the bank’s liability. The cash the bank paid for those shares, plus 0.5% per month from the date of the last dividend if earned (but not more than the book value), is first used to pay any debts the bank owes to the Federal Reserve Bank. Any remainder goes to the receiver. If a national bank stops banking for 60 days and is not already in liquidation or under a receiver, the Comptroller of the Currency may appoint a receiver. The bank’s Federal Reserve Bank stock is then canceled, and the bank is paid, under rules set by the Board of Governors of the Federal Reserve System, an amount equal to its cash-paid share payments plus 0.5% per month from the last dividend if earned (not exceeding book value), minus any debt it owes to the Federal Reserve Bank.

Full Legal Text

Title 12, §288

Banks and Banking — Source: USLM XML via OLRC

If any member bank shall be declared insolvent and a receiver appointed therefor, the stock held by it in said Federal reserve bank shall be canceled, without impairment of its liability, and all cash-paid subscriptions on said stock, with one-half of 1 per centum per month from the period of last dividend, if earned, not to exceed the book value thereof, shall be first applied to all debts of the insolvent member bank to the Federal reserve bank, and the balance, if any, shall be paid to the receiver of the insolvent bank. If any national bank which has not gone into liquidation as provided in section 181 of this title, and for which a receiver has not already been appointed for other lawful cause, shall discontinue its banking operations for a period of sixty days the Comptroller of the Currency may, if he deems it advisable, appoint a receiver for such bank. The stock held by the said national bank in the Federal reserve bank of its district shall thereupon be canceled and said national bank shall receive in payment therefor, under regulations to be prescribed by the Board of Governors of the Federal Reserve System, a sum equal to its cash-paid subscriptions on the shares canceled and one-half of 1 per centum a month from the period of the last dividend, if earned, not to exceed the book value thereof, less any liability of such national bank to the Federal reserve bank.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1935—Act Aug. 23, 1935, § 319(b), struck out provision requiring execution of certificate of reduction of capital stock. 1930—Act Apr. 23, 1930, among other changes, added second par.

Statutory Notes and Related Subsidiaries

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.

Executive Documents

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.

Reference

Citations & Metadata

Citation

12 U.S.C. § 288

Title 12Banks and Banking

Last Updated

Apr 6, 2026

Release point: 119-73