(R.S. § 5211; Feb. 27, 1877, ch. 69, § 1,19 Stat. 252; Dec. 28, 1922, ch. 18, 42 Stat. 1067; Feb. 25, 1927, ch. 191, § 13,44 Stat. 1232; June 16, 1933, ch. 89, § 27,48 Stat. 191; Pub. L. 86–230, §§ 11,
(b),Sept. 8, 1959, 73 Stat. 458, 466; Pub. L. 86–671, § 5,July 14, 1960, 74 Stat. 551; Pub. L. 89–485, § 13(d),July 1, 1966, 80 Stat. 243; Pub. L. 101–73, title IX, § 911(b)(1),Aug. 9, 1989, 103 Stat. 478; Pub. L. 103–325, title III, § 308(a),Sept. 23, 1994, 108 Stat. 2218.)
References in Text
The Federal Deposit Insurance Act, referred to in subsec. (a), is act Sept. 21, 1950, ch. 967, § 2,64 Stat. 873
, as amended, which is classified generally to chapter 16 (§ 1811 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section
of this title and Tables.
R.S. § 5211 derived from act June 3, 1864, ch. 106, § 34,13 Stat. 109
, which was the National Bank Act, and act Mar. 3, 1869, ch. 130, § 1,15 Stat. 326
. See section
of this title.
1994—Subsec. (a). Pub. L. 103–325
, § 308(a)(1), struck out before period at end of fifth sentence “; and the statement of resources and liabilities in the same form in which it is made to the Comptroller shall be published in a newspaper published in the place where such association is established, or if there is no newspaper in the place, then in the one published nearest thereto in the same county, at the expense of the association, and such proof of publication shall be furnished as may be required by the Comptroller”.
Subsec. (c). Pub. L. 103–325
, § 308(a)(2), struck out after third sentence “The reports of such affiliates shall be published by the association under the same conditions as govern its own condition reports.”
1989—Subsec. (a). Pub. L. 101–73
, § 911(b)(1)(A), in fifth sentence substituted “within the period of time specified by the Comptroller” for “within ten days after the receipt of a request therefor from him”.
Subsec. (c). Pub. L. 101–73
, § 911(b)(1)(B), struck out at end “Any such affiliated bank which fails to obtain and furnish any report required under this section shall be subject to a penalty of $100 for each day during which such failure continues.”
1966—Subsec. (c). Pub. L. 89–485
struck out second sentence stating that the term “affiliate” shall include holding company affiliates as well as other affiliates.
1960—Subsec. (a). Pub. L. 86–671
, § 5(a), designated existing provisions of former first par. as subsec. (a), substituted provisions relating to the making of reports of condition in accordance with the Federal Deposit Insurance Act and additional reports of condition containing declaration of officer for former provisions requiring minimum of three reports annually verified by an officer, inserted provisions respecting contents and publication of special reports and deleted requirement for making reports of payment of dividends, which is incorporated in subsec. (b) of this section.
Subsec. (b). Pub. L. 86–671
, § 5(a), designated existing provisions of former first par. as subsec. (b).
Subsec. (c). Pub. L. 86–671
, § 5(b), designated existing provisions of former second par. as subsec. (c) and substituted “four” for “three” in first sentence.
1959—Pub. L. 86–230
required transmission of reports to the Comptroller within ten instead of five days and the making of reports of the payment of dividends including advance reports of dividends proposed to be declared or paid, respectively.
1933—Act June 16, 1933, added second par.
1927—Act Feb. 25, 1927, inserted “or of a vice-president, or of an assistant cashier of the association designated by its board of directors to verify such reports in the absence of the president and cashier, taken before a notary public properly authorized and commissioned by the State in which such notary resides and the association is located, or any other officer having an official seal, authorized in such State to administer oaths” in first sentence, and “and the statement of resources and liabilities together with acknowledgment and attestation”, in second sentence.
Effective Date of 1989 Amendment
Pub. L. 101–73
, title IX, § 911(i),Aug. 9, 1989, 103 Stat. 482
, provided that: “The amendments made by this section [amending this section and sections
of this title] shall apply with respect to reports filed or required to be filed after the date of the enactment of this Act [Aug. 9, 1989].”
Effective Date of 1960 Amendment
Amendment by Pub. L. 86–671
effective Jan. 1, 1961, see section 7 ofPub. L. 86–671
, set out as a note under section
of this title.
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
of this title.