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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. § 56 Prohibition on withdrawal of capital; unearned dividends us united_states_code code_section 12 BANKS AND BANKING 2 NATIONAL BANKS 56 12 U.S.C. § 56 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/s56 data/legal/raw/us/code/title-12/usc12.xml 7e9669d8f32e0ef629f03db168ade36d5c676341f83749ab1951739e88eaee14 e6b98700ef4156ac33fde5d105824845d727afa91a53f3762be2cf4d1a3b01fa fa166a921a0211991fe8c0626ddb621c2bf830dfe77bfb60a1d52dcffa844c50 2026-07-04 official
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12 U.S.C. § 56 - Prohibition on withdrawal of capital; unearned dividends

Text

No association, or any member thereof, shall, during the time it shall continue its banking operations, withdraw, or permit to be withdrawn, either in the form of dividends or otherwise, any portion of its capital. If losses have at any time been sustained by any such association, equal to or exceeding its undivided profits then on hand, no dividend shall be made; and no dividend shall ever be made by any association, while it continues its banking operations, to an amount greater than its undivided profits, subject to other applicable provisions of law. But nothing in this section shall prevent the reduction of the capital stock of the association under section 59 of this title.

(R.S. § 5204; Pub. L. 103325, title VI, § 602(h)(1), Sept. 23, 1994, 108 Stat. 2294.)

Notes

Editorial Notes

Codification R.S. § 5204 derived from act June 3, 1864, ch. 106, § 38, 13 Stat. 110, which was the National Bank Act. See section 38 of this title.

Amendments1994—Pub. L. 103325 substituted “undivided profits, subject to other applicable provisions of law” for “net profits then on hand, deducting therefrom its losses and bad debts” in second sentence and struck out after second sentence “All debts due to any associations, on which interest is past due and unpaid for a period of six months, unless the same are well secured, and in process of collection, shall be considered bad debts within the meaning of this section.”