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Title 12 — Banks and Banking

Chapter 3 — Federal Reserve System

§ 484. Limitation on visitorial powers

Statutory text

(a)

No national bank shall be subject to any visitorial powers except as authorized by Federal law, vested in the courts of justice or such as shall be, or have been exercised or directed by Congress or by either House thereof or by any committee of Congress or of either House duly authorized.

(b)

Notwithstanding subsection (a), lawfully authorized State auditors and examiners may, at reasonable times and upon reasonable notice to a bank, review its records solely to ensure compliance with applicable State unclaimed property or escheat laws upon reasonable cause to believe that the bank has failed to comply with such laws.

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. § 5240 (par.)

    Enacted · 12 U.S.C. § 484

    R.S. § 5240 (par.)

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

    Source evidence

    Code source credit
    R.S. § 5240 (par.)

  2. Garn-St Germain Depository Institutions Act of 1982

    Pub. L. 97–320 title IV § 412 · 96 Stat. 1469

    1. Amended · 12 U.S.C. § 484(a)

      Pub. L. 97–320, as amended by Pub. L. 97–457

    2. Amended · 12 U.S.C. § 484(a)

      Pub. L. 97–320, as designated existing provisions as subsec. (a)

    3. Amended · 12 U.S.C. § 484(a)

      Pub. L. 97–320, as amended subsec. (a) generally. Prior to amendment subsec. (a) read as follows: “No bank shall be subject to any visitorial powers other than such as are authorized by law, or vested in the courts of justice or such as shall be or shall have been exercised or directed by Congress, or by either House thereof or by any committee of Congress or of either House duly authorized”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 97–320, as amended by Pub. L. 97–457, designated existing provisions as subsec. (a), and amended subsec. (a) generally. Prior to amendment subsec. (a) read as follows: “No bank shall be subject to any visitorial powers other than such as are authorized by law, or vested in the courts of justice or such as shall be or shall have been exercised or directed by Congress, or by either House thereof or by any committee of Congress or of either House duly authorized”.

    Enacted provision · exact public law section
    Sec. 412. visitorial powers Section 5240 of the Revised Statutes (12 U.S.C. 484) is amended to read as follows: “Sec. 5240. (a) No national bank shall be subject to any visitorial powers except as authorized by Federal law, vested in the courts of justice or such as shall be, or have been exercised or directed by Congress or by either House thereof or by any committee of Congress or of either House duly authorized. “(b) Notwithstanding subsection (a), lawfully authorized State auditors and examiners may, at reasonable times and upon reasonable notice to a bank, review its records solely to ensure compliance with applicable State unclaimed property or escheat laws upon reasonable cause to believe that the bank has failed to comply with such laws.”.

    Effective date note
    Pub. L. 97–457, § 23(b), Jan. 12, 1983, 96 Stat. 2510, provided that: “The amendment made by subsection (a) [amending section 412 of Pub. L. 97–320, which amended this section] shall be deemed to have taken effect upon the enactment of Public Law 97–320 [Oct. 15, 1982].”

  3. Garn-St Germain Depository Institutions Act of 1982

    Pub. L. 97–320 title IV § 412 · 96 Stat. 1469

    1. Amended · 12 U.S.C. § 484(b)

      Pub. L. 97–320, as amended by Pub. L. 97–457

    2. Added · 12 U.S.C. § 484(b)

      Pub. L. 97–320, as added subsec. (b)

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 97–320, as amended by Pub. L. 97–457, added subsec. (b).

    Enacted provision · exact public law section
    Sec. 412. visitorial powers Section 5240 of the Revised Statutes (12 U.S.C. 484) is amended to read as follows: “Sec. 5240. (a) No national bank shall be subject to any visitorial powers except as authorized by Federal law, vested in the courts of justice or such as shall be, or have been exercised or directed by Congress or by either House thereof or by any committee of Congress or of either House duly authorized. “(b) Notwithstanding subsection (a), lawfully authorized State auditors and examiners may, at reasonable times and upon reasonable notice to a bank, review its records solely to ensure compliance with applicable State unclaimed property or escheat laws upon reasonable cause to believe that the bank has failed to comply with such laws.”.

    Effective date note
    Pub. L. 97–457, § 23(b), Jan. 12, 1983, 96 Stat. 2510, provided that: “The amendment made by subsection (a) [amending section 412 of Pub. L. 97–320, which amended this section] shall be deemed to have taken effect upon the enactment of Public Law 97–320 [Oct. 15, 1982].”

5 of 6 references resolved to an enrolled provision · 1 unresolved

Editorial Notes

Codification

R.S. § 5240 derived from act June 3, 1864, ch. 106, § 54, 13 Stat. 116, which was part of the National Bank Act. See section 38 of this title.

Section is comprised of sixth par. of R.S. § 5240, as amended. See Codification note set out under section 481 of this title.

Section 412 of Pub. L. 97–320, set out in the credit of this section, was amended by section 23(a) of Pub. L. 97–457 to correct an error in the directory language of section 412 of Pub. L. 97–320. That amendment involved only directory language and not the content of the text being amended by Pub. L. 97–320 so no change in the text of this section resulted from the amendment by Pub. L. 97–457.

Amendments

1982—Subsec. (a). Pub. L. 97–320, as amended by Pub. L. 97–457, designated existing provisions as subsec. (a), and amended subsec. (a) generally. Prior to amendment subsec. (a) read as follows: “No bank shall be subject to any visitorial powers other than such as are authorized by law, or vested in the courts of justice or such as shall be or shall have been exercised or directed by Congress, or by either House thereof or by any committee of Congress or of either House duly authorized”.

Subsec. (b). Pub. L. 97–320, as amended by Pub. L. 97–457, added subsec. (b).

Statutory Notes and Related Subsidiaries

Effective Date of 1983 Amendment

Pub. L. 97–457, § 23(b), , 96 Stat. 2510, provided that: “The amendment made by subsection (a) [amending section 412 of Pub. L. 97–320, which amended this section] shall be deemed to have taken effect upon the enactment of Public Law 97–320 [].”

Credits

1875–1983 · 5 acts
  1. R.S. § 5240 (par.)
  2. 1875Feb. 19, 1875, ch. 89, 18 Stat. 329
  3. 1913Dec. 23, 1913, ch. 6, § 21, 38 Stat. 272
  4. 1982Pub. L. 97–320, title IV, § 412, , 96 Stat. 1521
  5. 1983Pub. L. 97–457, § 23(a), , 96 Stat. 2510.
Show as published

(R.S. § 5240 (par.); Feb. 19, 1875, ch. 89, 18 Stat. 329; Dec. 23, 1913, ch. 6, § 21, 38 Stat. 272; Pub. L. 97–320, title IV, § 412, , 96 Stat. 1521; Pub. L. 97–457, § 23(a), , 96 Stat. 2510.)

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USLM identifier /us/usc/t12/s484