Skip to content
BOL Conferences
Learn More - Click Here!

New Reply Thread Options
#2279522 - 01/06/23 03:20 PM Bank Powers Act
Bgollop Offline
New Poster
Joined: Dec 2022
Posts: 2
Our bank has been looking into the Bank Powers Act and its potential applicability. It seems that unless we have a holding company that it wouldn't be applicable. Would anyone be able to point us in the right direction in this matter?

Return to Top Reply Quote Quick Reply Quick Quote
#2279529 - 01/06/23 04:08 PM Re: Bank Powers Act Bgollop
rlcarey Offline
10K Club
rlcarey
Joined: Jul 2001
Posts: 83,368
Galveston, TX
What is the "Bank Powers Act"?
_________________________
The opinions expressed here should not be construed to be those of my employer: PPDocs.com

Return to Top Reply Quote Quick Reply Quick Quote
#2279533 - 01/06/23 04:25 PM Re: Bank Powers Act Bgollop
Bgollop Offline
New Poster
Joined: Dec 2022
Posts: 2
Bank Powers
A. Enumerated Powers
i. National Banks are explicitly authorized to:
a) receive deposits (12 U.S.C. § 24 (Seventh))
b) discount and negotiate promissory notes and other evidence of debt
(e.g., make unsecured loans) (12 U.S.C. § 24 (Seventh))
c) make loans secured by personal property (12 U.S.C. § 24
(Seventh))
d) invest in high-quality debt securities (12 U.S.C. § 24 (Seventh))
e) broker securities for their customers (12 U.S.C. § 24 (Seventh))
f) deal in foreign exchange (12 U.S.C. § 24 (Seventh))
g) make loans secured by real property (12 U.S.C. § 371)
h) lease-finance personal property (12 U.S.C. § 24 (Tenth))
i) offer trust services (12 U.S.C. § 92a)
j) act as insurance agents in small towns (12 U.S.C. § 92)
k) make investments "designed primarily to promote the public
welfare, including the welfare of low- and moderate-income
communities or families" (12 U.S.C. § 24 (Eleventh))
ii. National Banks generally cannot:
a) own real property (12 U.S.C. § 29)
b) own corporate stock or underwrite corporate securities (12 U.S.C. §
24 (Seventh))
c) underwrite insurance (15 U.S.C. § 6712(a))
d) charge interest above the legal rate (12 U.S.C. § 85)
B. Incidental Powers
i. The National Bank Act also allows National Banks "[t]o exercise . . .
all such incidental powers as shall be necessary to carry on the
business of banking; by discounting and negotiating promissory notes,
drafts, bills of exchange, and other evidences of debt; by receiving
deposits; by buying and selling exchange, coin, and bullion; by loaning
money on personal security, and by . . . circulating notes . . . ." 12
U.S.C. § 24 (Seventh).
a) First part: the powers language itself (highlighted above)
ï‚· Business of banking AND
ï‚· Powers as shall be necessary to carry on the business of
banking
b) Second part: list of specifically authorized activities
ï‚· This part is meant to be a guide for what types of activities
might be permissible under the powers language.
ii. CASES
a) Arnold Tours, Inc. v. Camps (before Chevron Deference)
ï‚· "Necessary" as used in the statute means that which is
"convenient or useful in connection with the performance of
one of the bank's established activities pursuant to its express
powers under the National Bank Act."
ï‚· If this connection between an incidental activity and an
express power does not exist, the activity is not authorized

Return to Top Reply Quote Quick Reply Quick Quote
#2279536 - 01/06/23 04:32 PM Re: Bank Powers Act Bgollop
rlcarey Offline
10K Club
rlcarey
Joined: Jul 2001
Posts: 83,368
Galveston, TX
I have no idea where you got that, but there is not an act called the Bank Powers Act. What you just posted incorporates sections of a lot of different acts over the years. You need to be talking to legal counsel if you have specific questions. I also assume you are a National Bank. None of what you posted has anything to do with having to have a Bank Holding Company.
_________________________
The opinions expressed here should not be construed to be those of my employer: PPDocs.com

Return to Top Reply Quote Quick Reply Quick Quote
#2279552 - 01/06/23 08:16 PM Re: Bank Powers Act Bgollop
ACBbank Offline
Power Poster
ACBbank
Joined: Jul 2006
Posts: 4,348
New York City
Why are you looking into this "Act" in the first place? What exactly are you trying to figure out?
_________________________
"100 victories in 100 battles isnt the most skillful. Subduing the other's military w/o battle is the most skillful." Sun-Tzu

Return to Top Reply Quote Quick Reply Quick Quote
#2279573 - 01/09/23 01:52 PM Re: Bank Powers Act Bgollop
SteveDave Offline
100 Club
Joined: Aug 2021
Posts: 124
I can't seem to find it by searching and I too am interested in where the "Act" is from. Is it possible this is an internal document or possibly from a training source?
Last edited by SteveDave; 01/09/23 01:52 PM.
Return to Top Reply Quote Quick Reply Quick Quote
#2279592 - 01/09/23 05:57 PM Re: Bank Powers Act Bgollop
Rocky P Offline
Power Poster
Joined: Jun 2003
Posts: 7,658
Florida
https://www.occ.gov/publications-an...-nat-banks-fed-savings-associations.html

These are Permissable Activities for National Banks/OCC.
_________________________
Integrity. With it, nothing else matters. Without it, nothing else matters.

Return to Top Reply Quote Quick Reply Quick Quote
Quick Reply:
HTML is disabled
UBBCode is enabled




Moderator:  MagicCity, P*Q, Truffle Royale