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2026-07-06 10:51:44 -04:00

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LegalText 12 U.S.C. § 51a Preferred stock; issuance authorized us united_states_code code_section 12 BANKS AND BANKING 2 NATIONAL BANKS 51a 12 U.S.C. § 51a current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc12@119-100.zip /us/usc/t12/s51a data/legal/raw/us/code/title-12/usc12.xml f516c0fca466dbcd72e272bc8f1e1665f30df6c2619ef266a59944951a8e2503 e6b98700ef4156ac33fde5d105824845d727afa91a53f3762be2cf4d1a3b01fa 20c69a25cb915bf2e94bc33450b3813f2a227ac9bd779afc345ca2fea24f68ea 2026-07-04 official
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12 U.S.C. § 51a - Preferred stock; issuance authorized

Text

Notwithstanding any other provision of law, any national banking association may, with the approval of the Comptroller of the Currency and by vote of shareholders owning a majority of the stock of such association, upon not less than five days notice, given by registered mail or by certified mail pursuant to action taken by its board of directors, issue preferred stock of one or more classes, in such amount and with such par value as shall be approved by said Comptroller, and make such amendments to its articles of association as may be necessary for this purpose; but, in the case of any newly organized national banking association which has not yet issued common stock, the requirement of notice to and vote of shareholders shall not apply. No issue of preferred stock shall be valid until the par value of all stock so issued shall be paid in and notice thereof, duly acknowledged before a notary public by the president, vice president, or cashier of said association, has been transmitted to the Comptroller of the Currency and his certificate obtained specifying the amount of such issue of preferred stock and his approval thereof and that the amount has been duly paid in as a part of the capital of such association; which certificate shall be deemed to be conclusive evidence that such preferred stock has been duly and validly issued.

(Mar. 9, 1933, ch. 1, title III, § 301, 48 Stat. 5; June 15, 1933, ch. 79, 48 Stat. 147; Aug. 23, 1935, ch. 614, title III, § 336, 49 Stat. 720; Pub. L. 86507, § 1(9), June 11, 1960, 74 Stat. 200.)

Notes

Editorial Notes

Amendments1960—Pub. L. 86507 inserted “or by certified mail” after “registered mail”. 1935—Act Aug. 23, 1935, amended last sentence generally. 1933—Act June 15, 1933, struck out all of former section and inserted a new section which incorporated all former provisions and inserted “of one or more classes,” in first sentence.

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.