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Title 12 — Banks and Banking

Chapter 2 — National Banks

§ 192. Default in payment of circulating notes

Statutory text

On becoming satisfied, as specified in sections 131 and 132 1 of this title, that any association is in default, the Comptroller of the Currency may forthwith appoint a receiver, and require of him such bond and security as he deems proper. Such receiver, under the direction of the Comptroller, shall take possession of the books, records, and assets of every description of such association, collect all debts, dues, and claims belonging to it, and, upon the order of a court of record of competent jurisdiction, may sell or compound all bad or doubtful debts, and, on a like order, may sell all the real and personal property of such association, on such terms as the court shall direct. Such receiver shall pay over all money so made to the Treasurer of the United States, subject to the order of the Comptroller, and also make report to the Comptroller of all his acts and proceedings.

Provided, That the Comptroller may, if he deems proper, deposit any of the money so made in any regular Government depositary, or in any State or national bank either of the city or town in which the insolvent bank was located, or of a city or town as adjacent thereto as practicable; if such deposit is made he shall require the depositary to deposit United States bonds or other satisfactory securities with the Treasurer of the United States for the safekeeping and prompt payment of the money so deposited: Provided, That no security in the form of deposit of United States bonds, or otherwise, shall be required in the case of such parts of the deposits as are insured under section 12B of the Federal Reserve Act, as amended. Such depositary shall pay upon such money interest at such rate as the Comptroller may prescribe, not less, however, than 2 per centum per annum upon the average monthly amount of such deposits.

Footnotes

  1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. R.S. § 5234

    Enacted · 12 U.S.C. § 192

    R.S. § 5234

    Unresolved: No Public Law or Statutes at Large citation in the Code source.

    Source evidence

    Code source credit
    R.S. § 5234

  2. Pub. L. 86–230 § 17 · 73 Stat. 457

    Struck · 12 U.S.C. § 192

    Pub. L. 86–230 struck out provisions which required receiver to enforce the personal liability of shareholders

    Source evidence

    Code amendment note
    Pub. L. 86–230 struck out provisions which required receiver to enforce the personal liability of shareholders.

    Enacted provision · exact public law section
    Sec. 17. The second sentence of section 5234 of the Revised Statutes (12 U.S.C. 192) is amended by striking out the semicolon after the word “direct” and all that follows and inserting in lieu thereof a period.

  3. Riegle Community Development and Regulatory Improvement Act of 1994

    Pub. L. 103–325 title VI § 602(g)(11) · 108 Stat. 2160

    Struck · 12 U.S.C. § 192

    Pub. L. 103–325 struck out “has refused to pay its circulating notes as therein mentioned, and” before “is in default”

    Source evidence

    Code amendment note
    Pub. L. 103–325 struck out “has refused to pay its circulating notes as therein mentioned, and” before “is in default”.

    Enacted provision · exact public law section
    (11) Section 5234 of the Revised Statutes (12 U.S.C. 192) is amended by striking “has refused to pay its circulating notes as therein mentioned, and”.

2 of 3 references resolved to an enrolled provision · 1 unresolved

Editorial Notes

References in Text

Sections 131 and 132 of this title, referred to in text, were repealed by Pub. L. 103–325, title VI, § 602(e)(14), (15), , 108 Stat. 2292.

Section 12B of the Federal Reserve Act, as amended, referred to in text, formerly classified to section 264 of this title, has been withdrawn from the Federal Reserve Act and incorporated in the Federal Deposit Insurance Act which is classified generally to chapter 16 (§ 1811 et seq.) of this title.

Codification

R.S. § 5234 derived from act June 3, 1864, ch. 106, § 50, 13 Stat. 114, which was part of the National Bank Act. See section 38 of this title.

Amendments1935–1994 · 3 rounds

1994

Pub. L. 103–325 struck out “has refused to pay its circulating notes as therein mentioned, and” before “is in default”.

1959

Pub. L. 86–230 struck out provisions which required receiver to enforce the personal liability of shareholders.

1935

Act , inserted second proviso in second par.

Statutory Notes and Related Subsidiaries

Application to District of Columbia

Provisions of this section were made applicable to banks, etc., in the District of Columbia by act Mar. 4, 1933, ch. 274, § 4, 47 Stat. 1567.

Interest on Deposits

So much of existing law requiring the payment of interest with respect to any funds deposited by the United States or by any public instrumentality, agency, or officer thereof, as is inconsistent with former section 371a, sections 371b, 374, 374a, and 461, former sections 462 to 465, and section 466 of this title, repealed, see former section 371a of this title.

Executive Documents

Transfer of Functions

For transfer of functions to Secretary of the Treasury, see note set out under section 55 of this title.

Credits

1916–1994 · 5 acts
  1. R.S. § 5234
  2. 1916May 15, 1916, ch. 121, 39 Stat. 121
  3. 1935Aug. 23, 1935, ch. 614, title III, § 339, 49 Stat. 721
  4. 1959Pub. L. 86–230, § 17, , 73 Stat. 458
  5. 1994Pub. L. 103–325, title VI, § 602(g)(11), , 108 Stat. 2294.
Show as published

(R.S. § 5234; May 15, 1916, ch. 121, 39 Stat. 121; Aug. 23, 1935, ch. 614, title III, § 339, 49 Stat. 721; Pub. L. 86–230, § 17, , 73 Stat. 458; Pub. L. 103–325, title VI, § 602(g)(11), , 108 Stat. 2294.)

Parsed from the official OLRC USLM XML in data/usc_all/usc12.xml · release point 119-108 · OLRC build 2026-07-23

USLM identifier /us/usc/t12/s192