§622 — Title 12 Banks and Banking | U.S. Code

Summary

If a corporation formed under these rules breaks them, it can lose the rights and privileges it was given. A U.S. court in the district where the corporation’s main office is must first decide the violation in a lawsuit the United States brings when the Board of Governors of the Federal Reserve System or the Attorney General asks for it. If the court finds a violation, any director or officer who took part in or agreed to the wrongdoing must personally pay the damages the corporation suffered. Ending the corporation does not erase any claims, penalties, or remedies already owed by the company, its shareholders, or its officers.

Title 12, §622

Banks and Banking — Source: USLM XML via OLRC

Should any corporation organized under this subchapter violate or fail to comply with any of the provisions of this subchapter, all of its rights, privileges, and franchises derived herefrom may thereby be forfeited. Before any such corporation shall be declared dissolved, or its rights, privileges, and franchises forfeited, any noncompliance with or violation of such laws shall, however, be determined and adjudged by a court of the United States of competent jurisdiction, in a suit brought for that purpose in the district or territory in which the home office of such corporation is located, which suit shall be brought by the United States at the instance of the Board of Governors of the Federal Reserve System or the Attorney General. Upon adjudication of such noncompliance or violation, each director and officer who participated in, or assented to, the illegal act or acts shall be liable in his personal or individual capacity for all damages which the said corporation shall have sustained in consequence thereof. No dissolution shall take away or impair any remedy against the corporation, its stockholders, or officers for any liability or penalty previously incurred.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Organized under this subchapter, referred to in text, was in the original “organized hereunder”, meaning under section 25A of act Dec. 23, 1913, which comprises this subchapter (§ 611 et seq.). This subchapter, referred to in text, was in the original “this section”, meaning section 25A of act Dec. 23, 1913. Codification Section is comprised of par. 14 (undesignated) of section 25A of act Dec. 23, 1913, which comprises this subchapter. For complete classification of section 25A of this Act, see Codification note set out under section 611 of this title.

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.

§622 Forfeiture of rights and privileges; dissolution; liability of directors and officers