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CONFIDENTIAL - Tentat ive Draft of March 2 5 , 1933..
March 25 , 1933
Curt i ss - Young - Boston
Case
-
Harrison
- New
York
Austin - Morris - Phi ladelphia
Williams - Fancher - Cleveland
Hoxton - Seay - Richmond
Newton - Black - Atlanta
Stevens - McDougal - Chicago
Wood
-
Martin
- S t .
Louis
Bailey - Geery - Minneapolis
McClure - Hamilton - Kansas City
Walsh - McKinney - Dallas
Newton - Calkins - San Francisco
H. 3 .
3757 pro vid ing
f o r
d i rect loans
by
Feder al r es er ve banks
t o n o n -
member Sta te banks and trust companies, which was quoted i n o u r Trans.
1722 of March 24 and was signed by p res iden t on same date, h a s been given
preliminary study here and fol lowing t en ta t ive in t e rp re t a t ions and procedure
a r e
suggested;
(1) A
nonmember bank
may
apply
f o r
loans only
t o
Federal
reserve bank
of
d i s t r i c t
i n
which
i t i s
loca ted .
( 2 )
Suggest t ha t your
Counsel prepare forms of app lic at i ons , promissory notes , reso lut ion s of
d i r ec t o r s and other papers along lines of those used i n connection with
loans t o ind iv iduals , par tnersh ips and corporat ions; b u t applicat ion forms
should also include provision that a n y f a i l u r e t o comply with an y applicable
provis ion
of law or
regu la t ions
of the
Federal Reserve Board
or of
agreement
with Federal reserve bank shall constitute a default u£on a l l loans made
b y Federal reserve bank t o appl ican t and ap pl i ca n t ' s en t i r e indebtedness
t o Federal reserve bank shall thereupon become due and payable . ( 3 ) Each
application must b e accompanied b y wri t ten approval of S ta t e au tho r i t i es
having supervision over applicant bank
and
statement from such authorities
that i t i s i n sound condition. (4 ) Before making f i r s t advance to any
nonmember bank , Fede ra l r es er ve bank should make thorough examinat ion of
applying bank, after making necessary arrangement t o insure payment of
expenses therefor . ( 5 ) I f examination di sc lo se s that app lic ant bank i s
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so lvent , that
i t h a s
capi ta l requi red
of
member banks, that
i t h a s
no branches unlawful f o r member banks, and tha t i t s condi t ion i s
otherwise satisfactory, Federal reserve bank should inspect
c o l -
l a t e r a l and advise applicant bank whether o r n o t loan wil l b e
granted. ( 6 ) Before being permi tted t o withdraw proceeds of
advance-, ap pl ic an t bank should b e required t o es t ab l i sh ac tua l
realized balance with Federal reserve bank
i n
amount equal
t o
reserve balance which would
b e
requi red
o f i t
under Section
19 and Regulation D i f i t were a member bank. ( 7 ) Advances
t o
nonmember banks
may be
made
on the
same terms
an d
condit ions,
and on the
same col lateral
a s
f i f t e e n
d a y
advances
t o
member banks
under eighth paragraph Section 13. (8) Af t e r nonmember bank h a s
exhausted a l l co l l a t e r a l e l i g i b l e f o r advances under Section 1 3 , i t
may
obtain advances
on
ine l ig ib le asse t s
on
same terms
a n d
condit ions
a s
member banks ob ta in advances under pr ov is io ns s ec ti on 10( b) , Fed era l
R e-
serve A c t , a s amended March 9 , 193 3. (9) Bates on a l l advances of
ei ther class should b e same a s r a t e s on similar advances t o member
banks.
( 10)
Notes re pr es en ti ng advances
t o
nonmember banks (whether
on e l i g i b l e o r i n e l i g i b l e co l l a t e r a l ) may be used a s s ecu r i t y f o r
issuance of Fed era l res er ve bank not es under Section 401 Ac t March
9, 1933, to same extent a s paper acquired under Federal Reserve
A c t , b u t may no t be
used
a s
s ecu r i t y
f o r
Federal reserve notes.
( 1 1 ) Making of advances to nonmember banks i s d iscret ionary wi th
Federal reserve bank and in exerc i s ing i t s d iscret ion Federal
reserve bank should consider whether proceeds
of
advance will
b e
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used f o r purpose of paying o f f exist ing indebtedness t o other tanking
i n s t i t u t i o n s and should also have due regard to claims a n d demands of
member banks, a s requi red by Section 4 Federal Reserve A c t . (12 ) In
making advances, Federal reserve banks should n o t make a n y commitment
t o
renew
o r
extend,
or to
grant fur ther
o r
addi t ional advances.
(13)
Federal reserve bank should advise each nonmember bank applying
f o r
advances that, while
i t i s
indebted
in any way to
Federal reserve bank,
i t
mast comply wi th re qui rement s
of
Federal Reserve
Act and
Board's
regulat ions appl icable t o member State banks, including t h e following:
( a ) I t nrast maintain reserve balance required by sect ion 19 Federal
Reserve Act and Board's Regulation D and w i l l be subject to pena l t i es
f o r d e f i c i en c i e s i n reserves; ( b ) i t mast remit a t p a r f o r checks drawn
on i t and presented f o r payment by Federal reserve bank a s requi red of
member banks b y Federal Reserve Act and Board 's regalat ions; ( c ) i t
w i l l be subject t o examination a t any time by Federal reserve bank o r
Federal Reserve Board
and
w i l l
be
subject
t o
assessments
f o r
expenses
of
such examinations
t o
same extent
a s
member banks;
( d ) i t
must make
same reports
of
condi t ion
and of
payment
of
dividends
a s
requi red
of
member State banks a n d w i l l be subject t o same penalties f o r f a i l u r e
to do so ; (e) before becoming indebted t o Federal reserve bank, such
bank must relinquish any branch o r branches established after February
25, 1927, beyond limits city, town o r v i l l ag e i n which parent bank i s
s i tua t ed a n d mast n o t es t ab l i sh any such branches while indebted t o
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such Federal reserve bank; ( f ) such bank must comply wi th ca p i t a l
requirements regarding e l ig ibi l i ty of State banks f o r membership
and
must conform
t o
provis ions
of law
which prohibit national
banks from lending
on or
purchasing their
own
stock, which relate
to withdrawal o r impairment of capi ta l s tock and which relate t o
payment of unearned dividends. (14 ) Suggest t h at your coun sel and
o f f i c e r s who a r e to handle applications of nonmember banks rea d
careful ly debates i n Congressional Record on t h i s Act and espec ia l ly
Senate debates of March 22 and 23, which indicate clearly that F e d -
eral reserve banks a r e n o t expected t o make loans t o insolvent banks
nor to give nonmember banks more faverable treatment than member
banks.
Morr i l l .
(Governors
and
Agents)