Title 12, Banks and BankingRelease 119-110

§192 Default in Payment of Circulating Notes

Title 12 › CHAPTER 2 — NATIONAL BANKS › SUBCHAPTER XIII — RECEIVERSHIP › § 192

Last updated Sep 23, 2026|Official source

Summary

When the Comptroller of the Currency finds under sections 131 and 132 that an association is in default, the Comptroller may immediately name a receiver and require a bond. The receiver, working under the Comptroller, must take control of the association’s books, records, and assets and collect what is owed to it. If a court orders it, the receiver may settle or sell bad or doubtful debts and may sell the association’s real or personal property on the court’s terms. The receiver must send all money collected to the Treasurer of the United States under the Comptroller’s direction and must report his actions to the Comptroller. The Comptroller may put any of that money into a federal depository or into a State or national bank in the same or a nearby town. If money is deposited this way, the bank must give U.S. bonds or other acceptable securities to the Treasurer for safekeeping and quick payment, except for amounts already insured under section 12B of the Federal Reserve Act. The depositary must pay interest at a rate the Comptroller sets, but not less than 2 percent per year on the average monthly balance.

Full Legal Text

Title 12, §192

Banks and Banking, Source: USLM XML via OLRC

On becoming satisfied, as specified in section 131 and 132 of this title, that any association is in default, the Comptroller of the Currency may forthwith appoint a receiver, and require of him such bond and security as he deems proper. Such receiver, under the direction of the Comptroller, shall take possession of the books, records, and assets of every description of such association, collect all debts, dues, and claims belonging to it, and, upon the order of a court of record of competent jurisdiction, may sell or compound all bad or doubtful debts, and, on a like order, may sell all the real and personal property of such association, on such terms as the court shall direct. Such receiver shall pay over all money so made to the Treasurer of the United States, subject to the order of the Comptroller, and also make report to the Comptroller of all his acts and proceedings. Provided, That the Comptroller may, if he deems proper, deposit any of the money so made in any regular Government depositary, or in any State or national bank either of the city or town in which the insolvent bank was located, or of a city or town as adjacent thereto as practicable; if such deposit is made he shall require the depositary to deposit United States bonds or other satisfactory securities with the Treasurer of the United States for the safekeeping and prompt payment of the money so deposited: Provided, That no security in the form of deposit of United States bonds, or otherwise, shall be required in the case of such parts of the deposits as are insured under section 12B of the Federal Reserve Act, as amended. Such depositary shall pay upon such money interest at such rate as the Comptroller may prescribe, not less, however, than 2 per centum per annum upon the average monthly amount of such deposits.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 131 and 132 of this title, referred to in text, were repealed by Pub. L. 103–325, title VI, § 602(e)(14), (15), Sept. 23, 1994, 108 Stat. 2292. section 12B of the Federal Reserve Act, as amended, referred to in text, formerly classified to section 264 of this title, has been withdrawn from the Federal Reserve Act and incorporated in the Federal Deposit Insurance Act which is classified generally to chapter 16 (§ 1811 et seq.) of this title. Codification R.S. § 5234 derived from act June 3, 1864, ch. 106, § 50, 13 Stat. 114, which was part of the National Bank Act. See section 38 of this title.

Amendments

1994—Pub. L. 103–325 struck out “has refused to pay its circulating notes as therein mentioned, and” before “is in default”. 1959—Pub. L. 86–230 struck out provisions which required receiver to enforce the personal liability of shareholders. 1935—Act Aug. 23, 1935, inserted second proviso in second par.

Statutory Notes and Related Subsidiaries

Application to District of ColumbiaProvisions of this section were made applicable to banks, etc., in the District of Columbia by act Mar. 4, 1933, ch. 274, § 4, 47 Stat. 1567. Interest on DepositsSo much of existing law requiring the payment of interest with respect to any funds deposited by the United States or by any public instrumentality, agency, or officer thereof, as is inconsistent with former section 371a, section 371b, 374, 374a, and 461, former sections 462 to 465, and section 466 of this title, repealed, see former section 371a of this title.

Executive Documents

Transfer of Functions

For

Transfer of Functions

to Secretary of the Treasury, see note set out under section 55 of this title.

Reference

Citations & Metadata

Citation

12 U.S.C. § 192

Title 12, Banks and Banking

Last Updated

Sep 23, 2026

Release point: 119-110