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LegalText 12 U.S.C. § 57 Increase of capital by provision in articles of association us united_states_code code_section 12 BANKS AND BANKING 2 NATIONAL BANKS 57 12 U.S.C. § 57 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/s57 data/legal/raw/us/code/title-12/usc12.xml 8328c7b7def3101b377b11d798f56f929f080f7de4724dc4e3c58d0df0ee5201 e6b98700ef4156ac33fde5d105824845d727afa91a53f3762be2cf4d1a3b01fa f43a86f58aa0bd485058e033a4d44d94713621c51bd5023f43c0b36314aba7f8 2026-07-04 official
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12 U.S.C. § 57 - Increase of capital by provision in articles of association

Text

Any national banking association may, with the approval of the Comptroller of the Currency, and by a vote of shareholders owning two-thirds of the stock of such associations, increase its capital stock to any sum approved by the said comptroller, but no increase in capital shall be valid until the whole amount of such increase is 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 increase in capital stock and his approval thereof, and that it has been duly paid in as part of the capital of such association: Provided, however, That a national banking association may, with the approval of the Comptroller of the Currency, and by the vote of shareholders owning two-thirds of the stock of such association, increase its capital stock by the declaration of a stock dividend, provided that the surplus of said association, after the approval of the increase, shall be at least equal to 20 per centum of the capital stock as increased. Such increase shall not be effective until a certificate certifying to such declaration of dividend, signed by the president, vice president, or cashier of said association and duly acknowledged before a notary public, shall have been forwarded to the Comptroller of the Currency and his certificate obtained specifying the amount of such increase of capital stock by stock dividend, and his approval thereof.

(R.S. § 5142; Feb. 25, 1927, ch. 191, § 5, 44 Stat. 1227.)

Notes

Editorial Notes

Codification R.S. § 5142 derived from act June 3, 1864, ch. 106, § 13, 13 Stat. 103, which was the National Bank Act. See section 38 of this title.

Amendments1927—Act Feb. 25, 1927, among other changes, inserted proviso.

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.