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nonmember borrower, or any institution of a class eligible to become a member or a nonmember borrower under this act, and to require of such registrar a bond, in such amount and with such sureties as the board may fix, conditioned on the faithful performance of the duties required of him.
(c) Such deposits in trust shall be so maintained that the aggregate unpaid principal of the home mortgage loans secured by the home mortgages deposited as security for any issue of bonds or debentures shall, as nearly as possible, be at all times not less than an amount equal to 190 per centum of the total outstanding amount of such issue. Cash deposited under authority of subsection (d) shall be security for an amount of bonds and debentures equal to the amount of cash deposited. Direct obligations of the United States deposited under authority of subsection (d) shall be security for an amount of bonds and debentures equal to the par value of such obligations.
(d) The board may at any time require any Federal home loan bank to deposit additional home mortgages or to make substitutions of home mortgages to secure such bonds and debentures, except that when in the opinion of the board home mortgages are not available for such purpose, it may permit, for such limited periods as it may deem advisable, the deposit of cash or direct obligations of the United States in lieu of the deposit of substitute or additional home loan mortgages.
(e) The board shall approve or determine the rates of interest to be paid by the Federal home loan banks upon the notes, debentures, or bonds which they may issue except that no bond or debenture issued within seven years after the enactment of this act shall bear a rate of interest in excess of 542 per centum per annum, and no bond or debenture issued thereafter shall bear a rate of interest in excess of 5 per centum per annum, and shall provide such margins between interest rates received upon advances made to borrowing institutions and interest paid upon obligations which the Federal home loan bank may issue as will cover expenses of operation and reserves and, under such regulations as may be provided by the board, some part of such reserve may be devoted to retirement of the stock subscribed by the United States.
(f) The Federal home loan banks shall be jointly and severally liable for the payment when due of all bonds and debentures, and of notes and other obligations issued by any Federal home loan bank, and interest thereon, in accordance with their terms: Provided, That this shall not prevent any particular Federal home loan bank, when specifically so authorized by the board, from borrowing funds temporarily under the terms of obligations which shall expressly state in substance in such manner as shall be approved by the board that the liability therefor is confined to the issuing bank. The Federal home loan banks shall from time to time in accordance with rules, regulations, and orders of the board make adequate agreements and arrangements among themselves for meeting the payment of the bonds, debentures, notes, or other obligations on which they are jointly and severally liable, and the interest thereon, but such agreements and arrangements shall not restrict in any respect the joint and several liability herein established.
(g) Each Federal home loan bank shall have power to accept only such deposits as are made by members and nonmember borrowers of such bank, or by other Federal home loan banks. Such deposits shall not be subject to check, and no rate of interest in excess of 2 per centum per annum shall be paid thereon.. “Deposits " as used in this section, does not include deposits made under section 5 (e). No Federal home loan bank shall transact any banking or other business not expressly authorized by this act.
(h1 The board is authorized and empowered to permit, or, whenever in the judgment of at least four members of the board an emergency exists re. quiring such action, to require Federal home loan banks to rediscount the discounted notes of members or nonmember borrowers held by other Federal home loan banks, or to purchase the bonds issued by any other Federal home loan bank, or to make deposits with other Federal home loan banks. In any case in which the board requires the purchase of bonds the board shall fix the price therefor, or if the board requires the acceptance of a deposit it shall fix the security therefor. The rediscount rates and the rates of interest to be paid upon deposits shall be fixed by the board.
(i) Each Federal home loan bank shall at all times have an amount, equal to the sums paid in on outstanding capital subscriptions of its members, plus an amount, equal to the current deposits received from its members and from nonmember borrowers, invested in (1) obligations of the United States, (2) deposits in banks or tiust companies, (3) advances with maturity not greater than one year made to members or nonmember borrowers upon such terms and
conditions as the board may prescribe, and (4) advances with maturity not greater than one year made to members or nonmember borrowers the amount of whose creditor liabilities (not including advances from the Federal home loan bank) does not exceed 5 per centum of such member's or nonmember borrower's net assets, which advances may be made without the security of home mortgages or other security upon such terms and conditions as the board may prescribe.
(j) Such part of the assets of each Federal home loan bank (except reserves and except sums provided for in subsection (i) as such bank may deem available therefor and as are not required for advances to members or nonmember borrowers may be invested, subject to such regulations, restrictions, and limitations as may be prescribed by the board, in direct obligations of the United States and in such securities as fiduciary and trust funds may be invested in under the laws of the State in which the Federal home loan bank is located.
INCORPORATION OF BANKS AND CORPORATE POWERS
Sec. 11. The directors of each Federal home loan bank shall, in accordance with such rules and regulations as the board may prescribe, make and file with the board at the earliest practicable date after the establishment of such bank an organization certificate which shall contain such information as the board may require. Upon the making and filing of such organization certificate with the board such bank shall become, as of the date of the execution of its organization certificate, a body corporate, and as such and in its name as designated by the board it shall have power to adopt, alter, and use a corporate seal; to make contracts; to purchase or lease and hold or dispose of such real estate as may be necessary or convenient for the transaction of its business, but no bank building shall be bought or erected to house any such bank, nor shall any such bank make any lease for such purpose which has a term of more than ten years; to sue and be sued, to complain, and to defend in any court of competent jurisdiction, State or Federal; to select, employ, and fix the compensation of such officers, employees, attorneys, and agents as shall be necessary for the transaction of its business, subject to the approval of the board; to define their duties, require bonds of them and fix the penalties thereof, and to dismiss at pleasure such officers, employees,, attorneys, and agents; and, by its board of directors, to prescribe, amend, and repeal by-laws, rules, and regulations governing the manner in which its affairs may be administered; and the powers granted to it by law may be exercised and enjoyed subject to the approval of the board. The president of a Federal home loan bank may also be a member of the board of directors thereof, but no other officer, employee, attorney, or agent of such bank who receives compensation may be a member of the board of directors. Each such bank shall have all such incidental powers, not inconsistent with the provisionsof this act, as are customary and usual in corporations generally.
EXEMPTION FROM TAXATION SEC. 12. Any and all notes, debentures, bonds, or other such obligations issued by any bank shall be exempt both as to principal and interest from all taxation (except surtaxes, estate, inheritance, and gift taxes) now or hereafter imposed by the United States, by any Territory, dependency, or possession thereof, or by any State, county, municipality, or local taxing authority. The bank, including its franchise, its capital, reserves, and surplus, and its income shall be exempt from all taxation now or hereafter imposed by the United States, by any Territory, dependency, or possession thereof, or by any State, county, municipality, or local taxing authority; except that any real property of the bank shall be subject to State, Territorial, county, municipal, or local taxation to the same extent according to its value as other real property is taxed.
SEC. 13. When designated for that purpose by the Secretary of the Treasury, each Federal home loan bank shall be a depositary of public money, except receipts from customs, under such regulations as may be prescribed by said Secretary; and it may also be employed as a financial agent of the Government; and it shall perform all such reasonable duties as depositary of public money and financial agent of the Government as may be required of it.
Sec. 14, Obligations of the Federal home loan banks issued with the approval of the board under this act shall be lawful investments, and may be accepted as security, for all fiduciary, trust, and public funds, the invest
ment or deposit of which shall be under the authority or control of the United States or any officer or officers thereof. The Federal reserve banks are authorized to act as depositaries, custodians, and/or fiscal agents for Federal home loan banks in the general performance of their powers under this act.
RESERVES AND DIVIDENDS
SEC. 15. Each Federal home loan bank shall carry to a reserve account semiannually 20 per centum of its net earnings until said reserve account shall show a credit balance equal to 100 per centum of the paid-in capital of such bank. After said reserve has reached 100 per centum of the paid-in capital of said bank, 5 per centum of its net earnings shall be added thereto semiannually. Whenever said reserve shall have been impaired below 100 per centum of the paid-in capital it shall be restored before any dividends are paid. Each Federal home loan bank shall establish such additional reserves and/or make such charge-offs on account of depreciation or impairment of its assets as the board shall require from time to time. No dividends shall be paid except out of net earnings remaining after all reserves and charge-offs required under this act have been provided for, and then only with the approval of the board. The reserves of each Federal home loan bank shall be invested, subject to such regulations, restrictions, and limitations as may be prescribed by the board, in direct obligations of the United States and in such securities as fiduciary and trust funds may be invested in under the laws of the State in which the Federal home loan bank is located.
FEDERAL HOME-LOAN BANK BOARD
SFC. 16. For the purposes of this act there shall be a board, to be known as the “ Federal Home-Loan Bank Board,” which shall consist of five citizens of the United States appointed by the President of the United States, by and with the advice and consent of the Senate. Each member shall devote his entire time to the business of the board. Before entering upon his duties each of the members shall take an oath faithfully to discharge the duties of his office. The President of the United States shall designate one of the members of the board to serve for a term of two years, one for three years, one for four years, one for five years, and one for six years from the date of the enactment hereof, and thereafter the term of each member shall be six years from the date of the expiration of the term for which his predecessor was appointed. Whenever a vacancy shall occur among the members the person appointed to fill such vacancy shall hold office for the unexpired portion of the term of the member whose place he is selected to fill. Each cf the members of the board shall receive a salary at the rate of $10,000 per annum. The President shall designate one of the members as chairman of the board. The chairman shall be the chief executive officer of the board and in his absence or disability the duties of his office shall be performed by some one of the other members to be designated as acting chairman by the chairman in such order as he may determine. The board shall supervise the Federal home-loan banks created by this act, shall perform the other duties specifically prescribed by this act, and shall have power to adopt, amend, and require the observance of such rules, regulations, and orders as shall be necessary from time to time for carrying out the purposes of the provisions of this act. The board shall have power to suspend or remove any director, officer, employee, or agent of any Federal home-loan bank, the cause of such suspension or removal to be communicated in writing forthwith to such director, officer, employee, or agent and to such Federal home-loan bank.
Sec. 17. (a) There is hereby authorized to be appropriated the sum of not to exceed $500,000 for salaries, travel and subsistence, expenses, rents, printing and binding, furniture and equipment, law books, books of reference, periodicals, newspapers, maps, contract stenographic reporting services, telephone and telegraph services, and all other necessary expenses of the board, together with expenses preliminary to the organization and establishment of the banks created hereunder, until the end of the fiscal year 1933.
(b) The board shall have power to levy semiannually upon the Federal home-loan banks, and they shall pay, on such equitable basis as the board shall determine, an assessment sufficient in its judgment to provide for the payment of its estimated expenses for the half year succeeding the levying of each such
assessment, beginning with the second half of the calendar year 1933. All expenses of the board incurred in carrying out the provisions of this act, as determined by it, beginning July 1, 1933, shall be paid from the proceeds of such assessments, and if any deficiency shall occur in such fund at any time between such semiannual assessments the board shall have power to make an immediate assessment against the banks to cover such deficiency on the same basis as the original assessment. If any surplus shall remain from any assessment after the expiration of the semiannual period for which it was levied, such surplus may be deducted from the next following assessment.
SEO. 18. The board shall have power to select, employ, and fix the compensation of such officers, employees, attorneys, and agents as shall be necessary for the performance of its duties under this act without regard to the provisions of other laws applicable to the employment or compensation of officers, employees, attorneys, and agents of the United States. No such officer, employee, attorney, or agent shall be paid compensation at a rate in excess of the rate provided in the case of members of the board. The board shall be entitled to the free use of the United States mails for its official business in the same manner as the executive departments of the Government; and shall determine its necessary expenditures under this act and the manner in which they shall be incurred, allowed, and paid.
EXAMINATIONS AND REPORTS
SEC. 19. The board shall from time to time, at least twice annually, require examinations and reports of condition of all Federal home-loan banks in such form as the board shall prescribe and shall furnish periodically statements based upon the reports of the banks to the board. The board shall annually make a full report of its operations to the speaker of the House of Representatives, who shall cause the same to be printed for the information of the Congress. For the purposes of this act, examiners appointed by the board shall be subject to the same requirements, responsibilities, and penalties as are applicable to examiners under the national bank act and the Federal reserve act, and shall have, in the exercise of functions under this act, the same powers and privileges as are vested in such examiners by law.
UNLAWFUL ACTS, AND PENALTIES SEC. 20. (a) Whoever makes any statement, knowing it to be false, or whoever willfully overvalues any security, for the purpose of influencing in any way the action of a Federal home-loan bank or the board upon any application, advance, discount, purchase, or repurchase agreement, or loan, under this act, or any extension thereof by renewal, deferment, or action or otherwise, or the acceptance, release, or substitution of security therefor, shall be punished by a fine of not more than $5,000, or by imprisonment for not more than two years, or both.
(b) Whoever (1) falsely makes, forges, or counterfeits any note, debenture, bond, or other obligation, or coupon, in imitation of or purporting to be a note, debenture, bond, or other obligation, or coupon, issued by a Federal home-loan bank; or (2) passes, utters, or publishes, or attempts to pass, utter, or publish, any false, forged, or counterfeited note, debenture, bond, or other obligation, or coupon, purporting to have been issued by a Federal home-loan bank, knowing the same to be false, forged, or counterfeited; or (3) falsely alters any note, debenture, bond, or other obligation, or coupon, issued or purporting to have been issued by a Federal home loan bank; or (4) passes, utters, or publishes, or attempts to pass, utter, or publish, as true any falsely altered or spurious note, debenture, bond, or other obligation, or coupon, issued or purporting to have been issued by a Federal home-loan bank, knowing the same to be falsely altered or spurious, shall be punished by a fine of not more than $10,000, or by imprisonment for not more than five years, or both.
(c) Whoever, being connected in any capacity with the board or a Federal home loan bank, (1) embezzles, abstracts, purloins, or willfully misapplies any moneys, funds, securities, or other things of value, whether belonging to it or pledged or otherwise intrusted to it; or (2) with intent to defraud the board or any Federal home loan bank, or any other body politic or corporate, or any individual, or to deceive any officer, auditor, or examiners of the board or a Federal home loan bank, makes any false entry in any bock, report, or statement of or to the board or a Federal home loan bank, or, without being duly authorized, draws any order or issues, puts forth, or assigns any note, deben
ture, bond, or other obligation, or draft, mortgage, judgment, or decree thereof, shall be punished by a fine of not more than $10,000, or by imprisonment for Dot more than five years, or both.
(d) It shall be unlawful for any individual, partnership, association, or corporation (1) which is not a Federal home loan bank to use the words “ Federal home loan bank,” or a combination of the word “Federal” with any of such words, as a name or a part of a name under which he or it shall do business (except in the case of a name under which business is being done at the time of the enactment of this act), or (2) which is not a Federal home loan bank, to advertise or represent in any way that he or it is a Federal home loan bank, or to publish or display any sign, symbol, or advertisement reasonably calculated to convey the impression that he or it is a Federal home loan bank, or (3) which is not a member, to advertise or represent in any way that he or it is a member, or to publish or display any sign, symbol, or advertisement reasonably calculated to convey the impression that he or it is a member. Violations of this section shall be punishable by a fine of not exceeding $1,000 or by imprisonment of not exceeding one year, or both.
(e) The provisions of sections 112, 113, 114, 115, 116, and 117 of the Criminal Code of the United States (U. S. C., title 18, secs. 202 to 207, inclusive), in so far as applicable, are extended to apply to contracts or agreements of any Federal home loan bank under this act, which, for the purposes hereof, shall be held to include advances, loans, discounts, and purchase and repurchase agreements; extensions and renewals thereof; and acceptances, releases, and substitutions of security therefor.
(f) The Secret Service Division of the Treasury Department is authorized to detect, arrest, and deliver into the custody of the United States marshal having jurisdiction any person committing any of the offenses punishable under this act.
SEC. 21. (a) In order to enable the board to carry out the provisions of this act, the Treasury Department, the Comptroller of the Currency, the Federal Reserve Board, and the Federal reserve banks are hereby authorized, under such conditions as they may prescribe, to make available to the board in confidence for its use and the use of any Federal home loan bank such reports, records, or other information as may be available, relating to the condition of institutions with respect to which any such Federal home loan bank has had or contemplates having transactions under this act or relating to persons whose obligations are offered to or held by any Federal home loan bank, and to make through their examiners or other employees, for the confidential use of the board or any Federal home loan bank, examinations of such institutions.
(b) Every institution which shall apply for advances under this act shall, as a condition precedent thereto, cousent to such examination as the bank or the board may require for the purposes of this act and/or that reports of examinations by constituted authorities may be furnished by such authorities to the bank or the board upon request therefor.
Sec. 22. In order that the Federal home-loan banks may be supplied with such forms of stock, debentures, and bonds as may be necessary under this act, the Secretary of the Treasury is authorized to prepare such forms thereof as shall be suitable and approved by the board, which shall be held in the Treasury subject to delivery, upon order of the board. The engraved plates, dies, and bed pieces executed in connection therewith shall remain in the custody of the Secretary of the Treasury. The board shall reimburse the Secretary of the Treasury for any expense incurred in the preparation, custody, and delivery of such stock, debentures, and bonds.
SEC. 23 (a) Any organization organized under the laws of any State and subject to inspection and regulation under the banking or similar laws of such State shall be eligible to become a member under this act if
(1) it is organized solely for the purpose of supplying credit to its members;
(2) its membership (A) is confined exclusively to building and loan associations, savings and loan associations, cooperative banks, and homestead associations; or (B) is confined exclusively to insurance companies; or (C) is confined exclusively to savings banks; and
(3) of the institutions to which its membership is confined which are organized within the State, its membership includes a majority of such institutions.