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LegalText 12 U.S.C. § 329 Capital stock required as condition precedent to membership us united_states_code code_section 12 BANKS AND BANKING 3 FEDERAL RESERVE SYSTEM 329 12 U.S.C. § 329 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/s329 data/legal/raw/us/code/title-12/usc12.xml 0f5741173738ec66da1844108ebbd44c4104a1e6b133474db33dfdde302bd33d e6b98700ef4156ac33fde5d105824845d727afa91a53f3762be2cf4d1a3b01fa 54cf053839914b6ed106bc2d6d6ffd01b8f49d981b5184d13405086d56ed5d7d 2026-07-04 official
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12 U.S.C. § 329 - Capital stock required as condition precedent to membership

Text

No applying bank shall be admitted to membership unless it possesses capital stock and surplus which, in the judgment of the Board of Governors of the Federal Reserve System, are adequate in relation to the character and condition of its assets and to its existing and prospective deposit liabilities and other corporate responsibilities: Provided, That no bank engaged in the business of receiving deposits other than trust funds, which does not possess capital stock and surplus in an amount equal to that which would be required for the establishment of a national banking association in the place in which it is located, shall be admitted to membership unless it is, or has been, approved for deposit insurance under the Federal Deposit Insurance Act [12 U.S.C. 1811 et seq.]. The capital stock of a State member bank shall not be reduced except with the prior consent of the Board.

(Dec. 23, 1913, ch. 6, § 9 (par.), 38 Stat. 259; June 21, 1917, ch. 32, § 3, 40 Stat. 234; Mar. 4, 1923, ch. 252, title IV, § 401, 42 Stat. 1478; June 16, 1933, ch. 89, § 17(b), 48 Stat. 185; July 15, 1952, ch. 753, § 1, 66 Stat. 633.)

Notes

Editorial Notes

References in TextThe Federal Deposit Insurance Act, referred to in text, is act Sept. 21, 1950, ch. 967, § 2, 64 Stat. 873, which is classified generally to chapter 16 (§ 1811 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1811 of this title and Tables.

Codification Section is comprised of the eleventh par. of section 9 of act Dec. 23, 1913, as amended. The eleventh par. constituted the ninth par. of section 9 in 1917 (40 Stat. 232), became the tenth par. in 1927 (44 Stat. 1229), and became the eleventh par. in 1950 (64 Stat. 458). For further details, see Codification note set out under section 321 of this title.

Amendments1952—Act July 15, 1952, vested in Board of Governors discretion with respect to admission of State banks to membership. 1933—Act June 16, 1933, dropped alternative method of meeting the capital requirement and inserted proviso.