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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 12 U.S.C. § 192 Default in payment of circulating notes us united_states_code code_section 12 BANKS AND BANKING 2 NATIONAL BANKS 192 12 U.S.C. § 192 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/s192 data/legal/raw/us/code/title-12/usc12.xml 35d3a935f2285985d3f17db7fd40e5daf5c4c1ac39d25513783767e201f3718d e6b98700ef4156ac33fde5d105824845d727afa91a53f3762be2cf4d1a3b01fa 531f7b780e59701e32f5a1cafb3144efb67c44fd239f86cccbeb1aeb1c415333 2026-07-04 official
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12 U.S.C. § 192 - Default in payment of circulating notes

Text

On becoming satisfied, as specified in sections 131 and 132 11 See References in Text note below. of this title, that any association is in default, the Comptroller of the Currency may forthwith appoint a receiver, and require of him such bond and security as he deems proper. Such receiver, under the direction of the Comptroller, shall take possession of the books, records, and assets of every description of such association, collect all debts, dues, and claims belonging to it, and, upon the order of a court of record of competent jurisdiction, may sell or compound all bad or doubtful debts, and, on a like order, may sell all the real and personal property of such association, on such terms as the court shall direct. Such receiver shall pay over all money so made to the Treasurer of the United States, subject to the order of the Comptroller, and also make report to the Comptroller of all his acts and proceedings. Provided, That the Comptroller may, if he deems proper, deposit any of the money so made in any regular Government depositary, or in any State or national bank either of the city or town in which the insolvent bank was located, or of a city or town as adjacent thereto as practicable; if such deposit is made he shall require the depositary to deposit United States bonds or other satisfactory securities with the Treasurer of the United States for the safekeeping and prompt payment of the money so deposited: Provided, That no security in the form of deposit of United States bonds, or otherwise, shall be required in the case of such parts of the deposits as are insured under section 12B of the Federal Reserve Act, as amended. Such depositary shall pay upon such money interest at such rate as the Comptroller may prescribe, not less, however, than 2 per centum per annum upon the average monthly amount of such deposits.

(R.S. § 5234; May 15, 1916, ch. 121, 39 Stat. 121; Aug. 23, 1935, ch. 614, title III, § 339, 49 Stat. 721; Pub. L. 86230, § 17, Sept. 8, 1959, 73 Stat. 458; Pub. L. 103325, title VI, § 602(g)(11), Sept. 23, 1994, 108 Stat. 2294.)

Notes

Editorial Notes

References in TextSections 131 and 132 of this title, referred to in text, were repealed by Pub. L. 103325, title VI, § 602(e)(14), (15), Sept. 23, 1994, 108 Stat. 2292. Section 12B of the Federal Reserve Act, as amended, referred to in text, formerly classified to section 264 of this title, has been withdrawn from the Federal Reserve Act and incorporated in the Federal Deposit Insurance Act which is classified generally to chapter 16 (§ 1811 et seq.) of this title.

Codification R.S. § 5234 derived from act June 3, 1864, ch. 106, § 50, 13 Stat. 114, which was part of the National Bank Act. See section 38 of this title.

Amendments1994—Pub. L. 103325 struck out “has refused to pay its circulating notes as therein mentioned, and” before “is in default”. 1959—Pub. L. 86230 struck out provisions which required receiver to enforce the personal liability of shareholders. 1935—Act Aug. 23, 1935, inserted second proviso in second par.

Statutory Notes and Related Subsidiaries

Application to District of ColumbiaProvisions of this section were made applicable to banks, etc., in the District of Columbia by act Mar. 4, 1933, ch. 274, § 4, 47 Stat. 1567.

Interest on DepositsSo much of existing law requiring the payment of interest with respect to any funds deposited by the United States or by any public instrumentality, agency, or officer thereof, as is inconsistent with former section 371a, sections 371b, 374, 374a, and 461, former sections 462 to 465, and section 466 of this title, repealed, see former section 371a of this title.

Executive Documents

Transfer of Functions For transfer of functions to Secretary of the Treasury, see note set out under section 55 of this title.