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Title 12 — Banks and Banking

Chapter 2 — National Banks

§ 71a. Number of directors; penalties

Statutory text

After one year from , notwithstanding any other provision of law, the board of directors, board of trustees, or other similar governing body of every national banking association and of every State bank or trust company which is a member of the Federal Reserve System shall consist of not less than five nor more than twenty-five members, except that the Comptroller of the Currency may, by regulation or order, exempt a national bank from the 25-member limit established by this section. If any national banking association violates the provisions of this section and continues such violation after thirty days’ notice from the Comptroller of the Currency, the said Comptroller may appoint a receiver or conservator therefor, in accordance with the provisions of existing law. If any State bank or trust company which is a member of the Federal Reserve System violates the provisions of this section and continues such violation after thirty days’ notice from the Board of Governors of the Federal Reserve System, it shall be subject to the forfeiture of its membership in the Federal Reserve System in accordance with the provisions of section 327 of this title.

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. Banking Act of 1933

    Pub. L. 73–89 § 31 · 48 Stat. 162

    Enacted · 12 U.S.C. § 71a

    June 16, 1933, ch. 89, § 31, 48 Stat. 194

    Source evidence

    Code source credit
    June 16, 1933, ch. 89, § 31, 48 Stat. 194

    Enacted provision · exact public law section
    Sec. 31. Board of directors, etc. After one year from the date of enactment of this Act, notwithstanding any other provision of law, the board of directors, board of trustees, or other similar governing body of every national banking association and of every State bank or trust company which Number of members. is a member of the Federal Reserve System shall consist of not less than five nor more than twenty-five members; and every director, Stock ownership requirement. trustee, or other member of such governing body shall be the bona fide owner in his own right of shares of stock of such banking association, Post, p. 971. State bank or trust company having a par value in the aggregate of not less than $2,500, unless the capital of the bank shall not exceed $50,000, in which case he must own in his own right shares having a par value in the aggregate of not less than $1,500, or unless the capital of the bank shall not exceed $25,000, in which case he must own in his own right shares having a par value in the Appointment of receiver, when violation by national bank. aggregate of not less than $1,000. If any national banking association violates the provisions of this section and continues such violation after thirty days’ notice from the Comptroller of the Currency, the said Comptroller may appoint a receiver or conservator therefor, Forfeiture of membership, State member bank. in accordance with the provisions of existing law. If any State bank or trust company which is a member of the Federal Reserve System violates the provisions of this section and continues such violation after thirty days’ notice from the Federal Reserve Board, it shall be subject to the forfeiture of its membership in the Federal Reserve System in accordance with the provisions of section 9 of the Federal Reserve Act, as amended.

  2. Financial Regulatory Relief and Economic Efficiency Act of 2000

    Pub. L. 106–569 title XII § 1205(b) · 114 Stat. 2944

    Inserted · 12 U.S.C. § 71a

    Pub. L. 106–569 inserted before period at end of first sentence “, except that the Comptroller of the Currency may, by regulation or order, exempt a national bank from the 25-member limit established by this section”

    Source evidence

    Code amendment note
    Pub. L. 106–569 inserted before period at end of first sentence “, except that the Comptroller of the Currency may, by regulation or order, exempt a national bank from the 25-member limit established by this section”.

    Enacted provision · exact public law section
    (b) Amendment to the Banking Act of 1933.— Section 31 of the Banking Act of 1933 (12 U.S.C. 71a) is amended in the first sentence, by inserting before the period except that the Comptroller of the Currency may, by regulation or order, exempt a national bank from the 25-member limit established by this section”.

2 of 2 references resolved to an enrolled provision

Editorial Notes

Amendments1934–2000 · 3 rounds

2000

Pub. L. 106–569 inserted before period at end of first sentence “, except that the Comptroller of the Currency may, by regulation or order, exempt a national bank from the 25-member limit established by this section”.

1935

Act , as amended by act , § 306, repealed a former provision of this section relating to stock ownership requirements of directors, trustees, or members of similar governing bodies of any national banking association, or of any State bank or trust company which is a member of the Federal Reserve System.

1934

Act , repealed a former provision of this section relating to stock ownership requirements of directors, trustees, or members of similar governing bodies of member banks of the Federal Reserve System.

Statutory Notes and Related Subsidiaries

Change of Name

Act Aug. 23, 1935, ch. 614, title II, § 203(a), 49 Stat. 704, changed name of Federal Reserve Board to Board of Governors of the Federal Reserve System.

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

1933–2000 · 4 acts
  1. 1933June 16, 1933, ch. 89, § 31, 48 Stat. 194
  2. 1934June 16, 1934, ch. 546, § 4, 48 Stat. 971
  3. 1935Aug. 23, 1935, ch. 614, title II, § 203(a), title III, § 306, 49 Stat. 704, 708
  4. 2000Pub. L. 106–569, title XII, § 1205(b), , 114 Stat. 3034.
Show as published

(June 16, 1933, ch. 89, § 31, 48 Stat. 194; June 16, 1934, ch. 546, § 4, 48 Stat. 971; Aug. 23, 1935, ch. 614, title II, § 203(a), title III, § 306, 49 Stat. 704, 708; Pub. L. 106–569, title XII, § 1205(b), , 114 Stat. 3034.)

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/s71a