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Federal Reserve Agents' Fund-Summary of transactions Mar. 24, 1916, to Apr. 20, 1916.

Federal Reserve Agent at

Federal Reserve Agent at

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Gross Individual and Bank Deposits.

trates the small ratio which bank deposits bear to individual deposits in country banks, and the increasing ratio of bank deposits to individual deposits in reserve city banks, and, finally, the very high ratio in the case of central reserve city banks where the amount of bank deposits almost equals the individual deposits. The figures are also given herewith.

The subjoined chart illustrates graphically the fluctuation in individual and bank deposits in the three groups of national banks, to wit, country, reserve city, and central reserve city banks, as disclosed by the various calls of the Comptroller of the Currency, beginning with June 30, 1914, and ending with December 31, 1915. The chart also illusGross individual and bank deposits of national banks.

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INFORMAL RULINGS OF THE BOARD.

Below are reproduced letters sent out from time to time over the signatures of the officers of the Federal Reserve Board which contain information believed to be of general interest to Federal Reserve Banks and member banks of the system:

Clayton Act and State Banks.

You are advised that section 8 of the Clayton Act prohibits a person who is a director of a State bank with resources aggregating more than $5,000,000 from serving at the same time as a director of any national bank, regardless of the size or location of that national bank. That section, however, does not prohibit a person who is a director of a State bank with resources aggregating more than $5,000,000 from serving at the same time as an officer or employee of any national bank, unless both institutions are located in the same city of more than 200,000 inhabitants or unless the State bank in question is a member of the Federal Reserve System.

You are advised, therefore, that under the facts as presented in your letter there is no prohibition against a dírector in the trust company you name from serving at the same time as an officer or employee of the consolidated bank referred to.

MARCH 4, 1916.

Foreign Bank Branches in United States.

In reply to your letter of March 30, 1916, you are advised that there is no provision in the laws of the United States relating to the right of a foreign bank to establish branches in this country. A proper determination of that question, therefore, depends upon the laws of the various States in which it is intended to operate such branches.

A foreign bank, like a corporation of any other State of the Union, which intends to establish a branch in any particular State of the United States, would have to conform to the laws of that State, not only as to the conditions of its admission, but also as to the manner and extent of its operations after receiving permission to commence business. APRIL 4, 1916.

Bonds Securing Circulating Notes.

Under the provisions of the National Bank Act any national bank desiring to withdraw its the deposit of lawful money with the Treasurer, circulating notes in whole or in part may, upon take up the bonds deposited with the Treasurer for the security of such notes, provided, however, that the amount of bonds on deposit shall not be reduced below $50,000 in the case of a bank having a capital of more than $150,000, nor below one-fourth the amount of the capital in the case of a bank whose capital is $150,000 or less.

Section 18 of the Federal Reserve Act provides in part that—

"Any member bank desiring to retire the whole or any part of its circulating notes may file with the Treasurer of the United States an application to sell for its account, at par and accrued interest, United States bonds securing circulation to be retired."

One of the purposes of this section, as its title indicates, was to provide for the refunding of bonds deposited by national banks to secure circulation. It will be observed that, while a limit is placed on the amount which the Federal Reserve Banks may purchase in any one year, no limitation or restriction was incorporated in this section on the amount that any national bank may sell.

You are accordingly advised that under the interpretation of this section, which has been adopted by the Treasury Department, national banks are not required to maintain a minimum amount of bonds on deposit with the Treasurer, provided such bonds are sold through the Treasurer under the provisions of section 18. APRIL 8, 1916.

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DISTRICT No. 8.

would not, therefore, under section 5202, as amended, have to take into account, in deter- Trustee, executor, administrator, and registrar of stocks mining the total amount of your liability, paper rediscounted with the Federal Reserve Bank.

and bonds:

First National Bank, Mount Vernon, Ind.
Central State National Bank, Memphis, Tenn.
DISTRICT No. 11.

and bonds:

First National Bank, Beaumont, Tex.
Trustee:

First National Bank, Troup, Tex.

Intradistrict Clearing System.

Additions to and withdrawals from the intra

(2) There is no limitation in the law as to the total amount of rediscounts which a member bank may take from the Federal Re- Trustee, executor, administrator, and registrar of stocks serve Bank. There is, however, a provision in section 13 of the Federal Reserve Act providing that the aggregate of notes bearing the signature or indorsement of any one person, corporation, etc., rediscounted by the Federal Reserve Bank for any one bank shall at no time exceed 10 per cent of the unimpaired capital and surplus of said bank. This clause of the Act contains an exception as to the discount of bills of exchange, but no exception is made as to the discount of promissory notes. If, therefore, any particular paper which you present for rediscount to the Federal Reserve Bank, either singly or added to the paper of the same makers or indorsers which the Federal Reserve Bank has already rediscounted for you, amounts to a total of more than 10 per cent of the unimpaired capital and surplus of your bank, the Federal Reserve Bank, under the clause above quoted, has no authority to rediscount.

APRIL 17, 1916.

Fiduciary Powers.

Applications from the following banks for permission to act under section 11 (k) of the Federal Reserve Act have been approved by the Board since the issue of the April Bulletin, as follows:

DISTRICT NO. 1.

Registrar of stocks and bonds:

Ansonia National Bank, Ansonia, Conn.

DISTRICT No. 3.

district clearing system since the publication of lists in previous issues of the Bulletin are as follows:

Withdrawals:

DISTRICT No. 1.

First Bridgeport National Bank, Bridgeport, Conn.
Danbury National Bank, Danbury, Conn.
Greenwich National Bank, Greenwich, Conn.

Additions:

DISTRICT No. 2.

Connecticut National Bank, Bridgeport, Conn.
Danbury National Bank, Danbury, Conn.
Greenwich National Bank, Greenwich, Conn.
National City Bank, Troy, N. Y.

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LAW DEPARTMENT.

The following opinions of counsel have been authorized for publication by the Board since the last edition of the Bulletin:

Negotiability of Bills of Exchange.

Negotiability of a bill of exchange is not affected by provisions which waive demand, notice, and protest; which waive homestead exemption rights; and which provide for

the costs of collection and attorney's fees.

APRIL 13, 1916.

SIR: The attached form of acceptance has been referred to this office for an opinion as to whether it is in form a negotiable draft or bill of exchange.

The instrument in question is undoubtedly in the form of a bill of exchange and not a note. It is an unconditional order addressed by one person to another requiring the person to whom it is addressed to pay on demand or at a fixed or determinable future time a sum certain in money to order. (See sec. 126, Negotiable Instruments Law.)

The only question to be determined, therefore, is whether certain stipulations contained in the bill relating to the payment of fees, waiver of protest, etc., render it nonnegotiable. Section 5, subsection 3, of the Negotiable Instruments Law provides that:

"Negotiability is not affected by a provision which waives the benefit of any law intended for the advantage or protection of the obligor." It is certain, therefore, that the waiver of homestead and exemption rights does not destroy the negotiability of the bill.

So, also, a provision to pay the costs of collection and attorney's fees does not invalidate the instrument. (See Negotiable Instruments Law, sec. 2, subsec. 5; First National Bank of Shawana v. Miller, 139 Wisc., 126.) The fact that the drawer and indorsers waive demand, notice, and protest does not in any way affect negotiability. (See Norton on Bills and Notes, 4th ed., chap. 9, sec. 148 (b).)

It seems, therefore, not only that the attached instrument is in form a bill of exchange but

also that the various stipulations contained therein do not affect its negotiability. If drawn on the purchaser of goods by the seller of such goods, as certified in the margin of the bill, it would when accepted become a trade acceptance within the definition fixed by the Federal Reserve Board in Regulation P, series of 1915, and would be eligible for rediscount by the Federal Reserve Bank of Atlanta at the rate established for trade acceptances. Respectfully,

M. C. ELLIOTT, Counsel.

To Hon. C. S. HAMLIN,

Governor Federal Reserve Board.

Maturity of Farm Land Loans.

A national bank may discount or purchase a note secured such note is payable more than five years after its date, by improved and unencumbered farm land, even though provided it will mature within five years from the date on which is is acquired by such national bank.

APRIL 8, 1916. SIR: The following question has been referred to this office for an opinion:

Can a national bank, under section 24 of the Act, discount or purchase a note secured by improved and unencumbered farm land, which is payable more than five years after the date such note was made but which will mature within five years from the date of acquisition by a national bank?

Section 24 of the Federal Reserve Act provides in part:

Any national banking association not situated in a central reserve city may make loans secured by improved and unencumbered farm land, situated within its Federal Reserve district, but no such loan shall be made for a longer time than five years.

In an opinion of this office published on page 120 of the March, 1916, issue of the Federal Reserve Bulletin, the conclusion was reached that the power to "make loans" included the power to purchase or discount loans already made as well as to make such loans in the first instance.

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