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

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LegalText 12 U.S.C. § 51b Dividends, voting, and retirement of preferred stock; individual liability us united_states_code code_section 12 BANKS AND BANKING 2 NATIONAL BANKS 51b 12 U.S.C. § 51b 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/s51b data/legal/raw/us/code/title-12/usc12.xml f686f406e4eb25f9cbabfcd4a5282c0deff03eea0ca8beee450e9a44be147754 e6b98700ef4156ac33fde5d105824845d727afa91a53f3762be2cf4d1a3b01fa 4269b275315483f713c23d4491f54e7de9e3b6ee4df80a53eb57617ad4269f00 2026-07-04 official
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12 U.S.C. § 51b - Dividends, voting, and retirement of preferred stock; individual liability

Text

(a) Notwithstanding any other provision of law, whether relating to restriction upon the payment of dividends upon capital stock or otherwise, the holders of such preferred stock shall be entitled to receive such cumulative dividends and shall have such voting and conversion rights and such control of management, and such stock shall be subject to retirement in such manner and upon such conditions, as may be provided in the articles of association with the approval of the Comptroller of the Currency. The holders of such preferred stock shall not be held individually responsible as such holders for any debts, contracts, or engagements of such association, and shall not be liable for assessments to restore impairments in the capital of such association as now provided by law with reference to holders of common stock.

(b) No dividends shall be declared or paid on common stock until the cumulative dividends on the preferred stock shall have been paid in full; and, if the association is placed in voluntary liquidation or a conservator or a receiver is appointed therefor, no payments shall be made to the holders of the common stock until the holders of the preferred stock shall have been paid in full the par value of such stock plus all accumulated dividends.

(Mar. 9, 1933, ch. 1, title III, § 302, 48 Stat. 5; June 15, 1933, ch. 79, 48 Stat. 148; Pub. L. 96221, title VII, § 702, Mar. 31, 1980, 94 Stat. 186.)

Notes

Editorial Notes

Amendments1980—Subsec. (a). Pub. L. 96221 struck out limitation on payment of cumulative dividends at a rate not exceeding 6 per centum per annum. 1933—Subsec. (a). Act June 15, 1933, struck out former subsec. (a) and inserted a new subsec. (a) which incorporated all former provisions and inserted “Notwithstanding any other provision of law, whether relating to restriction upon the payment of dividends upon capital stock or otherwise” and “and conversion rights,” 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.