« PreviousContinue »
§ 1131c investors at such amount, in excess of 20 per centum
of such loans, as may be necessary, and (2) the corporation may at any time require the association to retire and cancel stock held by the corporation in such association, if, in the judgment of the corporation, the association has resources available therefor (June 16, 1933, c. 98, 9 6 (a), 48 Stat. 259).
(b) Stock in associations not organized under this subchapter; restrictions and limitations.Under such rules and regulations as may be prescribed by the governor and subject to such restrictions and limitations as he may prescribe, each Production Credit Corporation is authorized to subscribe and pay for stock in production credit associations not organized under this subchapter if such associations are controlled by cooperative associations as defined in section 1141j (a) of subchapter VII of this chapter. Only stock which is preferred as to assets on liquidation and is entitled to participate in dividend distributions without discrimination may be subscribed for. The amount of the stock subscribed for by any Production Credit Corporation in any such association shall not at any one time exceed 75 per centum of the total paid-in capital of such association (June 16, 1933, c. 98, 9 6 (b), 48 Stat. 259).
(c) Earnings on stock in associations; application of; establishment and investment of surplus.The amount of the excess of earnings on stock held by the corporation above amounts necessary to pay operating expenses and restore losses and impairment of capital, if any, of the corporation shall be devoted to the creation and maintenance of a surplus equal to at least 25 per centum of the paid-in capital of the corporation. The amount of the surplus shall be invested as the governor shall prescribe in direct obligations of the United States or in class A stock of production credit associations, or both (June 16, 1933, c. 98, § 6 (c), 48 Stat. 259).
(d) Application of excess earnings on stock in associations; retirement of stock in corporations held by Government.—The amount of such excess of earnings not required in order to comply with the provisions of subsection (c) shall be paid into the revolving fund authorized in section 1131i. Stock held by the governor in the Pro
duction Credit Corporation shall be retired upon such payment in an amount equal to the amount of such payment (June 16, 1933, c. 98, § 6 (d), 48 Stat. 259).
PRODUCTION CREDIT ASSOCIATIONS
Organization; articles of association; charters; bylaws; powers of governor respecting associations.—The governor is authorized and directed to organize and charter corporations to be known as “Production Credit Associations.” Such associations may be organized by ten or more farmers desiring to borrow money under the provisions of this section and sections 1131e to 1131h. Such individuals shall enter into articles of incorporation which shall specify in general terms the objects for which the association is formed and the powers to be exercised by it in carrying out the functions conferred upon it by this subchapter. Such articles shall be signed by the individuals uniting to form the association and a copy thereof shall be forwarded to the Production Credit Corporation of the district, and such copy shall be filed and preserved in its office. The governor may, for good cause shown, deny a charter to such individuals. Upon the approval of such articles by the governor, the association shall become as of the date of such approval a body corporate. The governor shall have power, under rules and regulations prescribed by him, or by prescribing the terms of the charter of the association, or both, to provide for the organization, management, and conduct of the business of the association; and the power of the governor shall extend to prescribing the amount of the stock of such association; fixing the territory within which its operations may be carried on; fixing the method of election and appointment of, and the amount and payment of the compensation of, directors, officers, and employees; fixing the maximum amount of individual loans which may be made; prescribing the conditions under which the stock may be retired; and providing for the consolidation of two or more such associations. The governor may, at any time, direct such changes in the charter of any such association as he finds necessary in accomplishing the purposes of this section and sections 1131e to 1131h. Bylaws of any such association may be adopted by the directors but shall not be valid unless approved by the governor (June 16, 1933, c. 98, $ 20,48 Stat. 259).
Capital stock; value of shares; classes of stock; voting rights; limitation on transfer of class B stock; exchange of class B stock upon holder ceasing to be borrower; dividends; ownership of stock as entitling credit corporation to approve or remove officers of association. The stock of such associations shall be divided into shares of $5 each; and there shall be two classes of such stock: (1) Class A stock which is to be held by Production Credit Corporations, and which may be purchased and held by investors, and (2) class B stock which may be purchased only by farmer borrowers from the association and individuals eligible to become borrowers. Class B stock only shall be entitled to voting rights but each holder of such stock shall be entitled to no more than one vote. No class B stock, or any interest therein or right to receive dividends thereon, shall be transferred by act of parties or operation of law except to another farmer borrower or an individual eligible to become a borrower, and then only with the approval of the directors of the association. Each holder of class B stock, within two years after he has ceased to be a borrower, shall exchange such class B stock at the fair book value (not to exceed par) thereof, as determined by the association, for class A stock. All stock shall share in dividend distributions without preference, but the directors of the association may, in their discretion, apply the amount of any dividend payable to a holder of class B stock to any indebtedness of such holder to the association. Class A stock shall be preferred as to assets of the association upon liquidation. During such time as any Production Credit Corporation is a holder of any stock of any such association, the appointment or election of directors, the secretarytreasurer, and the loan committee of such association shall be subject to the approval of the president of the Production Credit Corporation and during such time any such director, secretary-treasurer, or other officer may, at any time, be removed by the president of the Production Credit Corporation (June 16, 1933, c. 98, 9 21, 48 Stat. 260).
Application of earnings; losses in excess of reserve account; restoration of capital impairment; reserve account; guaranty fund; dividends.-Each Production Credit Association shall, at the end of its fiscal year, apply the amount of its earnings in excess of operating expenses during such fiscal year, first, to making up any losses in excess of its reserve
for bad and doubtful debts; second, to the restoration of the amount of the impairment, if any, of capital; third, to the creation and maintenance of a reserve account for bad and doubtful debts, the amount of which account shall be prescribed by the Production Credit Corporation; and fourth, to the creation and maintenance of a guaranty fund equal to at least 25 per centum of the paid-in capital of the association. Any sums remaining may, with the approval of the Production Credit Corporation, be devoted to the payment of dividends but no rate of dividend in excess of 7 per centum per annum shall be paid. Sums in the guaranty fund herein provided for shall be invested subject to such rules and regulations as may be prescribed by the Production Credit Corporation (June 16, 1933, c. 98, § 22, 48 Stat. 261).
Loans to farmers; terms and conditions.- Each Production Credit Association shall, under such rules and regulations as may be prescribed by the Production Credit Corporation of the district with the approval of the governor, invest its funds and make loans to farmers for general agricultural purposes, but such part of its funds as is represented by the guaranty fund provided for in section 1131f shall not be devoted to making loans to farmers. Such loans shall be made on such terms and conditions, at such rates of interest, and with such security as may be prescribed by the Production Credit Corporation. No loan shall be made for a less amount than $50, nor shall any one borrower be indebted to the association at any one time in an amount in excess of 20 per centum of the capital and guaranty fund of the association or, if the loan is secured by collateral approved by the Corporation, in an amount in excess of 50 per centum of the capital and guaranty fund, but loans may be made to any borrower in an amount in excess of 50 per centum of the capital and guaranty fund if the loan is approved by the Production Credit Commissioner of the Farm Credit Administration, Borrowers shall be required to own, at the time the loan is made, class B stock in an amount equal in fair book value (not to exceed par), as determined by the association, to $5 per $100 or fraction thereof of the amount of the loan. Such stock shall not be canceled or retired upon payment of the loan but may be transferred or exchanged as provided in section 1131e (June 16, 1933, c. 98, § 23, 42 Stat. 261).
§ 1131h Borrowing from and rediscounting paper with
Federal intermediate credit banks; limitation on power to borrow from or rediscount paper with other institutions.—Production Credit Associations doing business under this subchapter and subchapters V and VI of this chapter are authorized to borrow from, and rediscount paper with Federal Intermediate Credit Banks subject to the restrictions, limitations, and conditions applicable under subchapter III of this chapter, as amended. Except with the approval of the Governor, Production Credit Associations shall not have the power to borrow from or rediscount paper with any other bank or agency. (June 16, 1933, c. 98, § 24, 48 Stat. 261.)
Revolving fund.—(a) There is hereby created a revolving fund of not to exceed $120,000,000, which shall be made up as follows:
(1) The Reconstruction Finance Corporation is authorized and directed to make available to the Governor of the Farm Credit Administration all unobligated balances of the following funds and all sums heretofore returned or released to the corporation from such funds:
(A) Any balances of funds for, and all collections on loans by, the Secretary of Agriculture pursuant to section 602 of Title 15;
(B) All collections on loans made or to be made pursuant to the Act of February 4, 1933 (Pub. No. 327, 72d Cong.); (C) All
balances of funds authorized · and directed to be made available to the Secretary of Agriculture by such act and not used for loans pursuant thereto; and
(D) Any balances of the funds originally directed to be allocated and made available to the Secretary of Agriculture by such acts except as expended pursuant to subsection (e) of section 605(b) of Title 15.
(2) There are hereby made available to the Governor of the Farm Credit Administration all unobligated balances of appropriations and funds available thereunder to enable the Secretary of Agriculture to make advances or loans under the following Acts and resolutions, and all repayments of such advances and loans: March 3, 1921 (41 Stat. 1347), March 20, 1922 (42 Stat. 467), April 26, 1924 (43 Stat. 110), February 28, 1927 (44 Stat. 1251), Feburary 25, 1929 (45 Stat. 1306), as amended May 17, 1929 (46 Stat. 3), March 3,