12 CFR 201.107 - Eligibility of demand paper for discount and as security for advances by Reserve Banks.

§ 201.107 Eligibility of demand paper for discount and as security for advances by Reserve Banks.

(a) The Board of Governors has reconsidered a ruling made in 1917 that demand notes are ineligible for discount under the provisions of the Federal Reserve Act. (1917 Federal Reserve Bulletin 378.)

(b) The basis of that ruling was the provision in the second paragraph of section 13 of the Federal Reserve Act that notes, drafts, and bills of exchange must have a maturity at the time of discount of not more than 90 days, exclusive of grace. The ruling stated that

a demand note or bill is not eligible under the provisions of the act, since it is not in terms payable within the prescribed 90 days, but, at the option of the holder, may not be presented for payment until after that time.

(c) It is well settled as a matter of law, however, that demand paper is due and payable on the date of its issue. The generally accepted legal view is stated in Beutel's Brannan on Negotiable Instruments Law, at page 305, as follows:

The words on demand serve the same purpose as words making instruments payable at a specified time. They fix maturity of the obligation and do not make demand necessary, but mean that the instrument is due, payable and matured when made and delivered.

(d) Accordingly, the Board has concluded that, since demand paper is due and payable on the date of its issue, it satisfies the maturity requirements of the statute. Demand paper which otherwise meets the eligibility requirements of the Federal Reserve Act and this part Regulation A, therefore, is eligible for discount and as security for advances by Reserve Banks.

[ 31 FR 5443, Apr. 16, 1966]

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code
U.S. Code: Title 12 - BANKS AND BANKING

§ 248 - Enumerated powers

§ 343 - Discount of obligations arising out of actual commercial transactions

§ 344 - Discount or purchase of bills to finance agricultural shipments

§ 345 - Rediscount of notes, drafts, and bills for member banks; limitation of amount

§ 346 - Discount of acceptances

§ 347 - Advances to member banks on their notes

§ 347a - Advances to member bank groups; inadequate amounts of eligible and acceptable assets; liability of individual banks in group; distribution of loans among...for Federal reserve notes; foreign obligations as security for advances

§ 347b - Advances to individual member banks on time or demand notes; maturities; time notes secured by mortgage loans covering one-to-four family residences

§ 347c - Advances to individuals, partnerships, and corporations; security; interest rate

§ 347d - Transactions between Federal Reserve banks and branch or agency of foreign bank; matters considered

§ 348 - Discount of obligations given for agricultural purposes or based upon livestock; collateral security for Federal reserve notes

§ 348a - Transactions with foreign banks; supervision of Board of Governors of the Federal Reserve System

§ 349 - Rediscount for intermediate credit banks of obligations given for agricultural purposes; discount of notes made pursuant to section 1031

§ 350 - Purchase and sale of debentures and like obligations of intermediate credit banks and agricultural credit corporations

§ 351 - Obligations of cooperative marketing association as issued or drawn for agricultural purposes

§ 352 - Limitation on amount of obligations of certain maturities which may be discounted and rediscounted

§ 352a - Repealed. Pub. L. 85–699, title VI, § 601, Aug. 21, 1958, 72 Stat. 697

§ 353 - Purchase and sale of cable transfers, acceptances and bills

§ 354 - Transactions involving gold coin, bullion, and certificates

§ 355 - Purchase and sale of obligations of National, State, and municipal governments; open market operations; purchases and sales from or to United States;...of obligations acquired directly from or loaned directly to United States

§ 356 - Purchase of commercial paper from member banks and sale of same

§ 357 - Establishment of rates of discount

§ 358 - Establishment of accounts for purposes of open-market operations; correspondents and agencies

§ 359 - Purchase and sale of acceptances of intermediate credit banks and agricultural credit corporations

§ 359a - Omitted

§ 360 - Receiving checks and drafts on deposit at par; charges for collections, exchange, and clearances

§ 361 - Bills receivable, bills of exchange, acceptances; regulations by Board of Governors

§ 362 to 364 - Omitted

§ 374 - Acting as agent for nonmember bank in getting discounts from reserve bank

§ 374a - Acting as agent for nonbanking borrower in making loans on securities to dealers in stocks, bonds, etc.; penalties

§ 461 - Reserve requirements