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Title 12, Banks and BankingRelease 119-102

§91 Transfers by Bank and Other Acts in Contemplation of Insolvency

Title 12 › CHAPTER 2 — NATIONAL BANKS › SUBCHAPTER IV — REGULATION OF THE BANKING BUSINESS; POWERS AND DUTIES OF NATIONAL BANKS › § 91

Last updated Aug 21, 2026|Official source

Summary

Transfers of debts, deposits, mortgage assignments, money or valuables, and similar payments made after a national bank becomes insolvent—or when insolvency is expected—done to keep the bank’s assets from being used as the law requires or to favor one creditor over another (except paying its circulating notes) are not valid. No state, county, or local court may attach, freeze, or seize the bank or its property before a final judgment in a case.

Full Legal Text

Title 12, §91

Banks and Banking, Source: USLM XML via OLRC

All transfers of the notes, bonds, bills of exchange, or other evidences of debt owing to any national banking association, or of deposits to its credit; all assignments of mortgages, sureties on real estate, or of judgments or decrees in its favor; all deposits of money, bullion, or other valuable thing for its use, or for the use of any of its shareholders or creditors; and all payments of money to either, made after the commission of an act of insolvency, or in contemplation thereof, made with a view to prevent the application of its assets in the manner prescribed by chapter 4 of title 62 of the Revised Statutes, or with a view to the preference of one creditor to another, except in payment of its circulating notes, shall be utterly null and void; and no attachment, injunction, or execution, shall be issued against such association or its property before final judgment in any suit, action, or proceeding, in any State, county, or municipal court.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

Chapter 4 of title 62 of the Revised Statutes, referred to in text, was in the original “this chapter”, meaning chapter 4 of title 62 of the Revised Statutes, consisting of R.S. §§ 5220 to 5244, which are classified to this section and section 16, 43, 93, 93a, 181, 182, 192 to 194, 196, and 481 to 485 of this title. See, also, section 709 of Title 18, Crimes and Criminal Procedure. For complete classification of R.S. §§ 5220 to 5244 to the Code, see Tables. Codification R.S. § 5242 derived from act June 3, 1864, ch. 106, § 52, 13 Stat. 115, which was the National Bank Act, and act Mar. 3, 1873, ch. 269, § 2, 17 Stat. 603. See section 38 of this title.

Reference

Citations & Metadata

Citation

12 U.S.C. § 91

Title 12, Banks and Banking

Last Updated

Aug 21, 2026

Release point: 119-102