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