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Title 12 — Banks and Banking

Chapter 2 — National Banks

§ 26. Comptroller to determine if association can commence business

Statutory text

Whenever a certificate is transmitted to the Comptroller of the Currency, as provided in title 62 of the Revised Statutes, and the association transmitting the same notifies the Comptroller that all of its capital stock has been duly paid in, and that such association has complied with all the provisions of title 62 of the Revised Statutes required to be complied with before an association shall be authorized to commence the business of banking, the Comptroller shall examine into the condition of such association, ascertain especially the amount of money paid in on account of its capital, the name and place of residence of each of its directors, and the amount of the capital stock of which each is the owner in good faith, and generally whether such association has complied with all the provisions of title 62 of the Revised Statutes required to entitle it to engage in the business of banking; and shall cause to be made and attested by the oaths of a majority of the directors, and by the president or cashier of the association, a statement of all the facts necessary to enable the Comptroller to determine whether the association is lawfully entitled to commence the business of banking.

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. § 5168

    Enacted · 12 U.S.C. § 26

    R.S. § 5168

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

    Source evidence

    Code source credit
    R.S. § 5168

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

    Substituted · 12 U.S.C. § 26

    Pub. L. 86–230 substituted “all” for “at least 50 per centum” before “of its capital stock”

    Source evidence

    Code amendment note
    Pub. L. 86–230 substituted “all” for “at least 50 per centum” before “of its capital stock”.

    Enacted provision · exact public law section
    Sec. 2. Section 5168 of the Revised Statutes (12 U.S.C. 26) is amended by striking out “at least fifty per centum” and inserting in lieu thereof “all”.

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

Editorial Notes

References in Text

Title 62 of the Revised Statutes, referred to in text, was in the original “this Title” meaning title LXII of the Revised Statutes, consisting of R.S. §§ 5133 to 5244, which are classified this section and to sections 16, 21, 22 to 24a, 25a, 25b, 27, 29, 35 to 37, 39, 43, 52, 53, 55 to 57, 59 to 62, 66, 71, 72 to 76, 81, 83 to 86, 90, 91, 93, 93a, 94, 141 to 144, 161, 164, 181, 182, 192 to 194, 196, 215c, 481 to 485, 501, 541, 548, and 582 of this title. See, also, sections 8, 333, 334, 475, 656, 709, 1004, and 1005 of Title 18, Crimes and Criminal Procedure. For complete classification of R.S. §§ 5133 to 5244 to the Code, see Tables.

Codification

R.S. § 5168 derived from act June 3, 1864, ch. 106, § 17, 13 Stat. 104, which was the National Bank Act. See section 38 of this title.

Amendments

1959—Pub. L. 86–230 substituted “all” for “at least 50 per centum” before “of its capital stock”.

Executive Documents

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 1 of this title.

Credits

1959 · 2 acts
  1. R.S. § 5168
  2. 1959Pub. L. 86–230, § 2, , 73 Stat. 457.
Show as published

(R.S. § 5168; Pub. L. 86–230, § 2, , 73 Stat. 457.)

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/s26