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Title 12 — Banks and BankingRelease 119-73not60

§26 Comptroller to Determine If Association Can Commence Business

Title 12 › Chapter 2— NATIONAL BANKS › Subchapter I— ORGANIZATION AND GENERAL PROVISIONS › § 26

Last updated Apr 3, 2026|Official source

Summary

When a bank sends its certificate to the Comptroller of the Currency and says its capital stock is fully paid and it has followed the federal rules in title 62, the Comptroller must inspect the bank. He must check how much money was paid in for capital, who the directors are and where they live, how many shares each owns, and whether the bank met the rules needed to start banking. The Comptroller must also get a sworn statement signed by a majority of the directors and by the bank’s president or cashier listing the facts needed to decide if the bank can legally begin business.

Full Legal Text

Title 12, §26

Banks and Banking — Source: USLM XML via OLRC

Whenever a certificate is transmitted to the Comptroller of the Currency, as provided in title 62 of the Revised Statutes, and the association transmitting the same notifies the Comptroller that all of its capital stock has been duly paid in, and that such association has complied with all the provisions of title 62 of the Revised Statutes required to be complied with before an association shall be authorized to commence the business of banking, the Comptroller shall examine into the condition of such association, ascertain especially the amount of money paid in on account of its capital, the name and place of residence of each of its directors, and the amount of the capital stock of which each is the owner in good faith, and generally whether such association has complied with all the provisions of title 62 of the Revised Statutes required to entitle it to engage in the business of banking; and shall cause to be made and attested by the oaths of a majority of the directors, and by the president or cashier of the association, a statement of all the facts necessary to enable the Comptroller to determine whether the association is lawfully entitled to commence the business of banking.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

Title 62 of the Revised Statutes, referred to in text, was in the original “this Title” meaning title LXII of the Revised Statutes, consisting of R.S. §§ 5133 to 5244, which are classified this section and to section 16, 21, 22 to 24a, 25a, 25b, 27, 29, 35 to 37, 39, 43, 52, 53, 55 to 57, 59 to 62, 66, 71, 72 to 76, 81, 83 to 86, 90, 91, 93, 93a, 94, 141 to 144, 161, 164, 181, 182, 192 to 194, 196, 215c, 481 to 485, 501, 541, 548, and 582 of this title. See, also, section 8, 333, 334, 475, 656, 709, 1004, and 1005 of Title 18, Crimes and Criminal Procedure. For complete classification of R.S. §§ 5133 to 5244 to the Code, see Tables. Codification R.S. § 5168 derived from act June 3, 1864, ch. 106, § 17, 13 Stat. 104, which was the National Bank Act. See section 38 of this title.

Amendments

1959—Pub. L. 86–230 substituted “all” for “at least 50 per centum” before “of its capital stock”.

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. § 26

Title 12 — Banks and Banking

Last Updated

Apr 3, 2026

Release point: 119-73not60