§501a — Title 12 Banks and Banking | U.S. Code

Summary

If a national bank does not become a member bank within one year after December 23, 1913, or otherwise fails to follow the rules in this chapter, it will lose the rights and privileges it had under the national-bank laws. A United States court must decide the noncompliance. The suit must be filed where the bank is located, brought by the Comptroller of the Currency under the direction of the Board of Governors of the Federal Reserve System, and the court must rule before the bank is dissolved. If the problem is something other than failing to join, any director who joined in the violation must pay personally for damages to the bank, its shareholders, or others. Dissolving the bank does not erase any claims or penalties that arose before dissolution.

Title 12, §501a

Banks and Banking — Source: USLM XML via OLRC

Should any national banking association in the United States now organized fail within one year after December 23, 1913, to become a member bank or fail to comply with any of the provisions of this chapter applicable thereto, all of the rights, privileges, and franchises of such association granted to it under the national-bank Act [12 U.S.C. 21 et seq.], or under the provisions of this chapter, shall be thereby forfeited. Any noncompliance with or violation of this chapter shall, however, be determined and adjudged by any court of the United States of competent jurisdiction in a suit brought for that purpose in the district or territory in which such bank is located, under direction of the Board of Governors of the Federal Reserve System, by the Comptroller of the Currency in his own name before the association shall be declared dissolved. In cases of such noncompliance or violation, other than the failure to become a member bank under the provisions of this chapter, every director who participated in or assented to the same shall be held liable in his personal or individual capacity for all damages which said bank, its shareholders, or any other person shall have sustained in consequence of such violation. Such dissolution shall not take away or impair any remedy against such corporation, its stockholders, or officers, for any liability or penalty which shall have been previously incurred.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in text, was in the original “this Act”, meaning act Dec. 23, 1913, ch. 6, 38 Stat. 251, known as the Federal Reserve Act. For complete classification of this Act to the Code, see

References in Text

note set out under section 226 of this title and Tables. The national-bank Act, referred to in text, is act June 3, 1864, ch. 106, 13 Stat. 99, which is classified principally to chapter 2 (§ 21 et seq.) of this title. For complete classification of this Act to the Code, see

References in Text

note set out under section 38 of this title. Codification Section is comprised of the sixth and seventh pars. of section 2 of act Dec. 23, 1913. For classification of other pars. of section 2 of this Act, see Codification note set out under section 222 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.

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.

§501a Forfeiture of Franchise of National Banks for Failure to Comply with Provisions of This Chapter

Summary

Title 12, §501a

Notes & Related Subsidiaries

Editorial Notes

References in Text

References in Text

References in Text

Statutory Notes and Related Subsidiaries

Change of Name

Executive Documents

Transfer of Functions

Transfer of Functions

Citations & Metadata