| Relating to
BANKS, TRUST COMPANIES
SAFE DEPOSIT COMPANIES
| DEPOSITARIES, LOAN
| COMPANIES and DEALERS
IN SECURITIES ©
Compiled under supervision of
Department of Banks, 1915.
HARRY T. HALL
Superintendent
O h 1d, Laws, Sratvres: eit
U — 3:
LAWS OF OHIO
Relating to the incorporation, examination
management, and conduct of
BANKS, TRUST COMPANIES
SAFE DEPOSIT COMPANIES
DEPOSITARIES, LOAN
COMPANIES and DEALERS
IN SECURITIES
CotuMBus, OuI0:
Tue F, J. Heer PrInTING Co.
1915
Bound at the State Bindery.
SUPERINTENDENT OF BANKS.
SECTION 710. The governor, with the advice and con-
sent of the senate, shall appoint a superintendent of banks,
who shall hold his office for the term of four years and
until his successor is appointed and qualified. The super-
intendent may be removed by the governor at any time. (99
vy. 287 Sec. 78.)
SECTION 711. The superintendent of banks shall exe-
cute the laws in relation to banking companies, savings
banks, savings societies, societies for savings, savings and
loan associations, savings and trust companies, safe deposit
companies and trust companies and every other corporation
or association having the power to receive, and receiving
money on deposit, chartered or incorporated under the laws
of this state. Nothing in this chapter contained shall apply
to building and loan associations. (99 v. 287 Sec. 79.)
SECTION 712. The superintendent of banks may em-
ploy from time to time necessary deputies, assistants, clerks
and examiners to assist in the discharge of the duties im-
posed upon him by law. He may remove any such deputies,
assistants, clerks or examiners. He shall summarily remove
the deputy superintendent of banks, and any examiner,
clerk or deputy connected with the department of the super-
intendent of banks upon the violation by any such officer,
examiner or clerk of any of the provisions of section 717
_ of the General Code. (106 v. 360 Sec. 1.)
SECTION 713. The superintendent of banks shall fix
the salaries of the deputies, assistants, clerks and examiners
at stich rates per annum as the governor approves. Upon
vouchers approved by the superintendent of banks, such
salaries shall be paid monthly by the treasurer of state upon
the warrant of the auditor of state. (101 v. 276 Sec. 1.)
SECTION 714. The actual and necessary, traveling ex-
penses, within or without the state, of the superintendent of
banks and of the deputies, assistants, clerks and examiners
incurred in the discharge of their official duty or in the
interest of the department, shall be paid monthly by the
treasurer of state upon the warrant of the auditor of state.
Provided, however, that the superintendent of banks or any
employe of the department shall not attend, at state expense,
outside of the state, the meetings or conference of any so-
ciety, convention or association, except as provided by sec-
tion 2313-3 of the General Code. Vouchers therefor shall
be fully itemized, approved by the superintendent of banks
a ae ae by the auditor of state. (106 v. 360
een 1:
3
Superin-
tendent of
banks, ap-
pointment
and term.
General
duties.
Deputies,
clerks and
examiners};
appointment
and removal.
Salaries of
clerks and
examiners.
Traveling
expenses.
Expenses paid
from appro-
priation.
Bonds of
Superintend-
ent, deputies,
assistants,
clerks and
examiners.
Superintendent
nor examiners
shall be in-
terested in, or
borrow money
from banks.
Certificates
and copies;
evidence.
Office.
Official seal.
How proceed-
ings shall be
brought.
4
SECTION 715. All expenses incurred by the superin-
tendent of banks in the performance of the duties imposed
upon him by law, including the salary of such superintend-
ent, his deputies, assistants, clerks and examiners, shall be
paid from funds appropriated therefor. (101 v. 276 Sec. 1.)
SEcTION 716. Before entering upon the discharge of
his duties, the superintendent of banks shall give bond to
the state in the sum of fifty thousand dollars with sureties
approved by the governor, conditioned for the faithful dis-
charge of his official duties. Such bond, with the approval
of the governor and the oath of office indorsed thereon, shall
be filed with the secretary of state and kept in his office.
The superintendent of banks shall require all deputies, as-
sistants, clerks and examiners heretofore mentioned to give
bond in such amount and with sureties to be approved by
him and conditioned on the faithful performance of the
duties of their offce or employment. If the surety be a
qualified surety company, the premium on such bond or
bonds, including the bond of the superintendent of banks,
shall be paid out of any fund or funds for the contingent
expenses of the department. (106 v. 360 Sec. I.)
SecTion 717. Neither the superintendent of banks nor
the examiners appointed by him shall be interested directly
or indirectly in any national banking association or in any
bank or other corporation or association under their super-
vision, or be engaged in the business of banking. Neither
the superintendent of banks, the deputy superintendent of
banks, or any examiner, deputy or clerk connected with the
department of the superintendent of banks shall directly or
indirectly borrow money from any corporation, person or
association under the supervision of the superintendent of
banks. (103 v. 379 Sec. 12.)
Section 718. Each certificate or other instrument
executed or ordered made by the superintendent of banks
in pursuance of authority conferred upon him by law, and
sealed with the seal of his office or copies thereof duly
authenticated under such seal, shall be received in evidence
in all courts of the state. (99 v. 288 Sec. 89.)
SEcTION 719. The superintendent of banks shall be
furnished by the state suitable rooms at the seat of govern-
ment for conducting the business of his office. (99 v. 288
Secs0,)
SEcTion 31. The seal of the superintendent of banks
shall be one and three-fourths inches in diameter and shall
be surrounded by the words: “The superintendent of banks
of the state of Ohio.” (104 v. 175 Sec. I.)
SEcTION 732. All suits or proceedings brought by the
superintendent of banks under authority of law, or to col-
lect any penalty or forfeiture, shall be brought in the name
of the state upon his relation, and shall be conducted under
5
the direction and supervision of the attorney general. (99
Wet2Gr ec, 02, )
SECTION 733. Copies of all records and papers in the
office of the superintendent of banks, certified by him and
authenticated by his seal of office, shall be evidence in all
cases equally and with like effect as the original. (99 v.
B.2901 Sec. 103.)
SECTION 2250. The salary of the superintendent of
banks shall be five thousand dollars per annunm. (106 v. 6.)
SEcTION 2260. The salary of the superintendent of
_ banks shall be payable semi-monthly. (65 v. 3 Sec. 1.)
SECTION 743. At the end of each fiscal year, the su-
perintendent of banks shall make an annual report to the
governor, which report shall exhibit:
a. A summary of the state and condition of every
incorporated bank, savings bank, savings and trust com-
_ pany, safe deposit and trust company, society for savings,
savings society, or other corporation included within this
chapter, from which reports have been received during the
year, with an abstract of the whole amount of capital re-
turned by them, the whole amount of their debts and liabili-
ties, the total amount of means and resources, separating the
reports of the various kinds of corporations, and specifying
the amount of lawful money held by them at the time of
their several returns, and such other information in relation
to such banks, societies and associations as in his judgment
may be required ;
b. A statement of the banks, societies or associations
whose business has been closed during the year, the amount
of their resources and liabilities, and the amount paid to
the creditors thereof ;
_¢. The names and compensation of the deputies, as-
sistants, clerks and examiners employed or appointed by
him, and the whole amount of expenses of the banking de-
partment during the year;
d. The amount of fees and charges received from
such banks, societies and associations, and penalties col-
lected and paid into the state treasury. d
ce. A statement of the banks, societies or associations
liquidated or in process of liquidation by the superintend-
ent of banks, and the status of affairs of each of said
banks, societies or associations at the time of said report,
including the amount oftheir resources and liabilities and
the nature of the same and the amounts paid the creditors.
(1o1 v. 276 Sec. 1.).
EXAMINATIONS.
SECTION 720. In case a corporation, company, society
Copies of
records and
papers evi-
dence,
Salary of su-
perintendent.
When payable.
Annual
report.
Expenses of
or association requests the superintendent of banks to make special ex
a special examination under the provisions of this chapter,
amination.
Examination
upon request.
Restrictions
as to com-
pensation.
Annual .
examination
of banks.
Superintendent
or examiner
may admin-
ister oaths.
May summon
witnesses.
Proceedings
for refusal
to attend and
testify.
6
the expenses thereof shall be paid by the corporation, com-
pany, society or association making the request. (99 v. 289
Sec. 92.)
SECTION 721. When requested in writing upon the
authority of the board of directors or the stockholders of
any banking institution to make an examination of such
bank, the superintendent of banks shall comply therewith,
if in his opinion such examination is desirable. (99 v. 289
DEG: .O3.)
SECTION 723. Neither the superintendent of banks nor
any examiner, clerk or person employed in his office shall
take or receive directly or indirectly compensation for serv-
ices or extra services rendered in the banking department
other than that allowed by law. (99 v. 289 Sec. 95.)
SECTION 724. At least once each year and as often as
the superintendent of banks may deem necessary, and also
when requested by the board of directors or trustees thereof,
the superintendent of banks or an examiner appointed for
that purpose shall thoroughly examine the cash, bills, col-
laterals or securities, books of account and affairs of each
bank, savings bank, safe deposit and trust company, savings
and loan society or association incorporated under any law
in this state, or any person, partnership or association engag-
ing in the business of receiving deposits. Provided, how-
ever, that this section shall not apply to building and loan
associations. He shall also ascertain if any such person,
partnership, corporation, company, society or association
is conducting its business in the manner prescribed by law
and at the place designated in its articles of incorperation,
if incorporated. (106 v. 360 Sec. 1.)
SEcTION 725. For the purpose of such examination,
the superintendent of banks or such examiner may ad-
minister oaths to and examine any officer, agent, clerk, cus-
tomer, depositor or shareholder of such corporation, com-
pany, association or society touching its affairs and business.
(99 v. 289 Sec. 96.)
SEcTION 726. The superintendent of banks may sum-
mon in writing under his seal any such officer, agent, clerk,
customer, depositor, shareholder or any person resident of
the state to appear before him and testify in relation there-
to. Whoever, being so summoned, neglects or fails to ap-
pear at the time and place specified in the summons, or,
having appeared, refuses to be sworn or refuses to answer
any pertinent and legal question, shall forfeit and pay one
hundred dollars to be recovered with costs by the superin-
tendent of banks and paid into the state treasury to the
credit of the banking fund. (99 v. 290 Sec. 97.)
Section 727. If a person summoned to appear before
the superintendent of banks and give testimony under the
provisions of this chapter neglects or refuses to answer any
pertinent or legal question that may be put to him by the
a
a
superintendent touching the matter under examination, the
superintendent shall apply to the probate court or court of
insolvency of the county in which such inquiry is conducted
to issue a subpoena to such person to appear before him.
(99 v. 290 Sec. 98.)
SEcTION 728. Upon such application, the probate judge
or judge of the court of insolvency shall issue a subpoena
for the appearance of such person or persons forthwith be-
fore him to give testimony. Whoever, being so subpoenaed,
fails to appear, or appearing, refuses to testify, shall be sub-
ject to like proceedings and penalties.for contempt as wit-
nesses in actions pending in the probate court or court of
insolvency. (99 v. 290 Sec. 98.)
SECTION 729. The officers of any such corporation,
company, society or association shall submit its books,
papers and concerns to the inspection and examination of the
superintendent of banks or any deputy, or duly appointed
examiner, and on refusal so to do or to be examined on oath
touching the affairs of such corporation, company, society
or association, the superintendent of banks may forthwith
take possession of the property and business of such corpo-
ration, company, society or association and liquidate its
affairs and remain in possession of- its property, and busi-
ness until its affairs be finally liquidated, as hereinafter
provided. (101 v. 276 Sec. 1.)
SECTION 730. Whenever it appears from the report of
such corporation, company, society or association, or the
superintendent of banks has reason to believe that its cap-
ital is impaired or reduced below the amount required by
law, he shall make examination thereof and ascertain the
facts. If he finds such impairment or reduction of capital,
he shall require such corporation, company, society or as-
ee to make good such deficiency. (99 v. 291 Sec.
IOO.
_ SeEcTION 731. If such corporation, company, society
or association refuses or fails after written notice to make
good the deficiency appearing or found to exist, the super-
intendent of banks may forthwith take possession of the
property and business of such corporation, company,
society or association until its affairs be finally liquidated by
him, as hereinafter provided. (1or v. 276 Sec. 1.)
SEcTION 734. All examinations required to be made
by the superintendent of banks under the provisions of this
chapter shall be made without previous notice to the corpo-
ration, company, society or association to be examined.
(99 v. 291 Sec. 104.)
SECTION 735. When an examination is made at the
special instance and request of such corporation, company.
society, or association, the expense incurred and the ser-
vices performed shall be paid by the one examined, and the
Penalty. |
Duty of off-
cers as to
inspection
of books.
Deficiency to
be made }
good. :
Liquidation
in case of
insolvency.
Examinations
shall be made
without pre-
vious notice.
Expenses of
special ex-
amination,
AnnuaJ fees
to be paid
on or before
November 15.
&
charges collected shall be paid into the state treasury by
the superintendent of banks to the credit of the banking
fund. (99 v. 291 Sec. 105.) ;
FEES TO BE PAID FO" THE SUPERINTENDENT
OF BANKS BY BANKING INSTITUTIONS.
SEcTION 736. That for the purpose of maintaining the
department of the superintendent of banks and the pay-
ment of expenses incident thereto, and especially the ex-
penses of inspection and examination, the following fees
shall be paid to the superintendent of banks of Ohio:
(a) Each company, firm, corporation, person, associa-
tion and co-partnership which under the laws of Ohio is
subject to inspection and examination by the superintendent
of banks, shall pay to the superintendent of banks on or
before the fifteenth day of November in each year the sum
of twenty-five dollars, and in addition thereto one one-
ninetieth of one per cent of the total aggregate resources of
- such company, firm, corporation, person, association or co-
Initia
fee.
Foreign trust
companies.
Penalty if not
paid on or be-
fore Nov. 15.
partnership in excess of-one hundred thousand dollars as
shown by the report of the condition of each such company,
firm, corporation, person, association or co-partnership made
last before October. fifteenth of such year; provided, how-
ever, that in no event is such total fee to exceed the sum of
twelve hundred and fifty dollars in any one year.
(b) Each company, firm, corporation, person, associa-
tion and co-partnership desiring and intending to transact
business in this state, which will be subject to inspection
and examination by the superintendent of banks, shall pay
to the superintendent of banks for the preliminary examina-
tion required by law to be made by the superintendent of
banks a fee of thirty dollars, such fee to be paid before a
certificate is granted to such company, firm, corporation,
person, association or co-partnership, authorizing it to com-
mence business in this state.
(c) Each foreign trust company desiring and intend-
ing to do business in this state shall pay to the superin-
tendent of banks a fee of fifty dollars for issuance to it of
a certificate authorizing it to transact business in this state.
Such fee to be paid before such certificate is issued (106
We 300. Se¢. i.)
SECTION 736-1. Every company, firm, corporation, per-
son, association or co-partnership which fails or neglects
to pay the fee provided by paragraph “a” of section 1 of
this act on or before the fifteenth day of November of each
year shall be subject to a penalty of one hundred dollars
for each day after said date that such fee remains unpaid.
The superintendent of banks shall maintain an action against
the delinquent company, firm, corporation, person, associa-
tion or co-partnership in the common pleas court of Frank-
lin county, Ohio, or of the county in which the business of
such company, firm, corporation, person, association or co-
9
the collection of such fee and
partnership is carried on, for
(103. v. 180 Sec. 2.)
the penalty herein imposed.
SECTION 736-2. The superintendent of banks shall pay
all money received by him under the provisions of this act
into the state treasury to the credit of the general revenue
fund of the state. (103 v. 181 Sec. 3.)
REPORTS.
Section 737. Not less than four times during each
calendar year each banking coinpany, savings bank, savings
and trust company, safe deposit and trust company, society
for savings, or savings society, chartered or incorporated
under any law of this state, and every person or co-part-
nership doing a banking business shall make a report to the
superintendent of banks. Such report shall be made at
such times as required by the superintendent on forms pre-
scribed and furnished by him, and, so far as possible, they
shall be made on the same day on which reports are re-
quired from national banking associations by the comp-
troller of the currency. (99 v. 292 Sec. 108.)
Section 738. Such reports shall be verified by the
oath or affirmation of the president, vice-president, cashier,
secretary or treasurer thereof, and shall exhibit in detail,
and under appropriate heads, a true statement of the re-
sources, assets and liabilities of such banking company,
savings bank, society or association at the close of busi-
ness of any past day by him specified, which day shall-be
the same for all, corporations required to make such reports.
(99 v. 292 Sec. 109.)
SECTION 739. Such reports shall be transmitted to the
superintendent within ten days after the receipt of the re-
quest therefor from him, and shall be published in a news-
paper in the city, town or county where the company is lo-
cated, and, if there is none, then in a newspaper of gen-
eral circulation in an adjoining county. A copy of such
publication shall be furnished to the superintendent of
banks. (99 v. 292 Sec. II0.)
Section 740. The superintendent of banks may call
for special reports whenever in his judgment they are neces-
sary to inform him fully of the conditions of any com-
panies, societies and corporations, which reports shall be
verified as provided by this chapter for other reports to the
superintendent. (99 v. 292 Sec. III.)
SECTION 741. Every company, corporation, society or
association failing to make and transmit to the superintend-
_ ent of banks any of the reports required by this chapter, or
failing to publish the reports as required by law, shall forth-
with be notified by the superintendent, and, if such failure
continues for ten days after receipt of such notice, such
delinquent company, society or association shall be subject
oo
All fees
turned over to
treasurer of
state.
Reports of
banking com-
panies to the
superintendent
of barks.
How reports
shall he
verified.
Reports shall
be published
in newspapers.
Special
reports,
Penalty for
failure to
make reports,
Constitution
of Ohio—1912.
Use of word
bank, banking,
etc., prohibited
unless super-
vision sub-
mitted to.
Detailed state-
ment. to be
filed with sec-
retary of state.
Information
to be filed.
10
to a penalty of one hundred dollars for each day after the
time required for making: such report. In case of delay
or refusal to pay the penalty herein imposed for failure to
make and transmit a report, the superintendent shall main-
tain an action against the delinquent company, society or
association, for the recovery of such penalty, and all sums
collected by such action or paid as such penalty shall be
paid into the state treasury to the credit of the banking
fund. (99 v. 292 Sec. 112.)
PRIVATE BANKS.
Const. Art, XIII, Sec. 3: (Last Paragraph.)
* * * No corporation not organized under the laws of this
state, or of the United States, or person, partnership or association
shall use the’ word “bank,” “banker” or “banking,” or words of
similar meaning in any foreign language, as a designation or name
under which business may be conducted in this state unless such
corporation, person, partnership or association shall submit to in-
spection, examination and regulation as may hereafter be provided
by the laws of this state.
a
SECTION 744-1. That no corporation not organized
under the laws of this state, or of the United States, or
person, partnership of association, shall use the word
“bank” “banker” or “banking” or “trust” or “trust com-
pany”, or words of similar meaning in any foreign language,
as a designation or name under which business may be con-
ducted in fhis state unless such corporation, person, partner-
ship or association shall submit to inspection, examination
and regulation, as provided in this act. The superintendent
of banks shall execute all laws in relation to corporations
organized under the laws of this state or of the United
States, persons partnerships and associations using the
word “bank”, “banker” or “banking”, or trust” or “trust
company”, or words of similar meaning in any foreign
language as a designation or name under “which business is
conducted in this state. (103 v. 379 Sec. 1.)
SECTION 744-2. Every corporation not organized under
the laws of this state, or of the United States, or person,
daa or association using the word “bank”, “banker”
“banking” or “trust” or “trust company” or words of
aie meaning in any foreign language as a designation
or name under which business may be conducted in this
state, now transacting or hereafter desiring to transact a
banking business in this state, shall, under oath file with
the secretary of state a full, complete “detailed statement of,
1. Name of the bank or proposed bank.
2. A copy of the articles of co-partnership or agree-
ment, under which the business of the bank is being or is
to be conducted, which shall be executed and acknowledged
by all of the parties interested therein, and at least one of
whom shall be at all times a resident of the state of Ohio.
If the banking business is being or is to be transacted or
FI
carried on by an individual, such individual shall at all
times, while engaged in such banking business, be a resi-
dent of the state of Ohio, and the statement herein re-
quired shall show such.
3. The county and city or village in which the bank
is to be located, and the business carried on.
4. A statement of the responsibility and the net worth
of the individual members of such corporation, person,
partnership or association.
5. If not disclosed in the articles of co-partnership
or agreement, then the name of the officers, agents or em-
ployes in active charge of the management of the business
of the bank. Every such corporation, person, partnership
or association now doing a banking business in this state
shall on or before January 1, 1914, file with the secretary
of state a detailed statement as provided herein. The
secretary of state in filing said statements shall be governed
by the provisions of sections 9705 and 9706 of the General
Code of Ohio.
No such corporation, person, partnership or association
shall transact business except stich as is essential or neces-
sarily preliminary to its organization until it has been au-
thorized by the superintendent of banks.
In authorizing said banks to commence business and
issuing a certificate to that effect, the superintendent of
banks and such corporation, person, partnership or associa-
tion shall be governed by the provisions of section 9720,
get 9722 and 9723 of the General Code. (103 v. 379
ec, 2;)
SEecTION 744-3. If upon examination of the facts
which may come to the knowledge of the superintendent of
banks, whether by means of a special commission appointed
by him for the purpose of inquiring into the conditions of
such applicants or otherwise, the superintendent of banks
finds that such person or firm is lawfully entitled to com-
mence business, he shall give a certificate under his hand
and official seal that they or he have complied with the law,
and are authorized to commence business. But the super-
intendent of banks may withhold such certificate when he has
reason to believe that such person or firm has been formed
for any other purpose than the legitimate business herein
contemplated, or that the character and general fitness of
the person or firm named in the application are not such
as to command the confidence of the community in which
such bank is proposed to be located, or that the public
convenience and advantage will not be promoted by its
establishment. If the superintendent of banks withholds
a certificate for any of the reasons named in this section,
an appeal may be made to a board composed of the gover-
nor, attorney general and superintendent of banks, whose
decision shall be final. (103 v. 379 Sec. 3.)
Certificate of
authority to
commence
business.
When superin-
tendent au-
thorized to take
possession of
property and
business of a
corporation,
person, etc.,
for purpose of
liquidation.
Posting of no-
tice that bank
is private
bank.
Word “unin-
curporated”
upen all ad-
vertising, sta-
tionery, etc.
ie:
SEcTION 744-4. Upon becoming satisfied that a cor-
poration not organized under the laws of this state, or of
‘the United States, or person, partnership or association,
using the word “bank”, “banker”, or “banking” or “trust”
or ‘trust company”, or words of similar meaning in any
foreign language, as a designation or name under whica
business is conducted in this state, has refused to pay its
depositors in occordance with the terms on which such de-
posits were received, or that such corporation, person,
partnership, or association has become otherwise insolvent,
or that it is conducting its business in an unsafe or unau-
thorized manner, or from any report or examination pro-
vided for by law, the superintendent shall have reason to
conclude that such corporation, person, partnership or
association is in an unsound or unsafe condition to trans-
act the business for which it was organized, or that it is
unsafe for it to continue business, the superintendent of
banks forthwith may take possession of the property and
the business of such corporation, person, partnership, or
association, until its affairs be finally liquidated as pro-
vided by law. The superintendent of banks shall not take
possession of the property and business of any such cor-
poration, person, partnership or association which was do-
ing business in this state prior to the time of the passage
of this act for the failure to comply with the provisions
of this act, as to transactions made prior to the passage of
this act or renewals or settlements and adjustments: of such
transactions, where the examination provided for in this
act discloses, or any stich corporation, person, partnership,
or association, shows to the satisfaction of the superintend-
ent of banks, that the interests of its depositors, creditors
and stockholders will not be endangered by permitting it
to transact its regular business. (103 v. 379 Sec. 4.)
SECTION 744-5. [Every such corporation, person, part-
nership or association shall post in the room in which it
transacts its business, and in plain wiew of its customers.
a printed list of all the owners of, and parties interested
in, such bank, and statement that the bank is a private
bank. Should the interests of any members of such corpora-
tion, partnership or firm, or of an individual doing a bank-
ing business under the provisions of this act, change either
by death, devise, sale or otherwise, then and in that case
the superintendent of banks of the state of Ohio shall be
notified of such change and notice printed and posted in
the room of any such bank as herein provided. No such
bank shall advertise by newspaper, letterhead, or in any
other way, a larger capital than has been actually paid in.
(103 v. 379 Sec. 5.)
SECTION 744-6. That all persons, partnerships or as-
sociations that shall engage in business under the purview
of this act, shall have printed on all their advertising matter
and business stationery, the word “unincorporated” imme-
diately following the name of the firm or business title.
I3
The depositors in any bank shall have first lien on the
assets of such bank, in case it is wound up to the amount
of their several deposits, and for any balance remaining
unpaid, such depositors shall share in the general assets
of the owner or owners alike with the general creditors.
Every such corporation, person, partnership, or association
shall keep as a reserve at least fifteen per cent of the total
deposits; such reserve may be in lawful currency kept in
the vaults of the bank, or may be invested in the securities
named in the paragraphs b and c of section 9758, or the
bonds of any city or county within this state, or kept sub-
ject to demand in other banks or trust companies designated
by such bank with the approval of the superintendent of
banks of Ohio. (103 v. 379 Sec. 6.)
SEcTION 744-7. That all reports received from per-
sons, partnerships and associations engaged in, and all ap-
plications received from persons, partnerships or associa-
tions desiring to engage in business within the purview of
this act, shall be kept on file in the office of the superintend-
ent of banks, and-open to the inspection of all persons,
at the discretion of the superintendent of banks. (103 v.
S76 5eC;.7.)
Section 744-8. Upon the failure of any person, per-
sons, partnership or association coming within the purview
of this act, to comply with it in any particular, the super-
intendent of banks shall proceed at. once to take charge
of their affairs and proceed with their dissolution with
full power and authority as provided for other cases in sec-
tion 4 of this act. (103 v. 379 Sec. 8.)
SECTION 744-9. Sections 720, 724, 725, 729, 734, 735,
737, 738; 740, 741, 742, 742-1, 742-2, 742-3, 742-4, 742-5,
742-6, 742-7; The, 742-9, 742-10, 742-11, 742-12, 742-13,
‘742-14, 742-16 and 743 of the General Code of Ohio shall
refer to and include every and all corporations not or-
ganized under the laws of this state or of the United States,
persons, partnerships and associations using the word
“bank”, “banker” or “banking” or “trust” or “trust com-
pany’ or words of similar meaning in any foreign language
as a designation or name under which business is or may
be conducted in this state, and every such corporation, per-
son, partnership or association shall be governed by and
shall conduct all their business and transactions as provided
in said sections in the same manner as if such corporations,
persons, partnerships or associations were specifically men-
tioned in each of said sections; and every such corporation,
person, partnership or association shall do and perform
all things required by each and all said sections, and the
superintendent of banks shall have the power and authority
over such corporations, persons, partnerships and asso-
. Clations, as is given to him over banking corporations in
Ohio by said sections; and each and every other section
of the General Code of Ohio providing for the inspection,
Depositors
shall have first
lien upon all
assets.
Reserve.
Reports filed
in office of
superintendent
of banks.
Dissolution.
Sections of
general code
governing con-
duct and busi-
ness of bank-
ing institu-
tions, incor-
porated and
private.
Private banks
not compelled
to publish
reports.
Penalty for
certifying
check without
deposit suffi-
cient to
cover.
Fine and im-
risonment for
alse certifi
cation,
Penalty for
receiving or
permitting an
employe to re-
ceive deposits
when bank is
insolvent.
Penalty for
false entry,
fraudulent
certificate of
deposit, etc.
14
examination and regulation of banking corporations, ex-
cept the provisions as to capital stock and the amount of
loans and investments computed on the basis of capital
stock, and except the provisions for the publication of re-
ports, shall be held to apply to each and every such corpora-
tion, person, partnership or association so far as the said
sections and parts of sections may be applicable. (103 v.
379 Sec. 9.)
SECTION 744-10. Whoever, being connected with or
serving, or being an officer, employe, agent or director of
a corporation not organized under the laws of this state,
or the United States, or person, partnership or association
using the word “bank”, “banker”, or “banking” or “trust”
or ‘trust company”, or words of similar meaning in any
foreign language as a designation or name under which
business is conducted in this state, wilfully certifies a check
drawn on such corporation, person, partnership or associa-
tion and fails forthwith to charge the amount thereof
against the account of the person, firm or corporation draw-
ing it, or wilfully certifies a check drawn upon such corpo-
ration, person, partnership, or association, unless the per-
son, firm or corporation drawing it has on deposit with such
corporation, person, partnership or association an amount
of money subject to the payment of such check and equal
to the amount specified therein, or resorts to a device, re-
ceives a fictitious obligation in order to evade that provision
of this section, or certifies a check before the amount thereof
has been regularly entered to the credit of the drawer
thereof upon the books of such corporation, person, part-
nership or association, shall be fined not more than five
thousand dollars or imprisoned in the penitentiary not less
than one year nor more than five years, or both. (103 v.
AFO SEC EOE)
SECTION 744-11. Whoever, being connected with or
serving, or being an officer, employe, agent or director, of
a corporation not organized under the laws of this state,
or of the United States, or person, partnership or associa-
tion, using the word “bank”, “banker” or “banking” or
“trust” or “trust company” or words of similar meaning
in any foreign language, as a designation or name under
which business is conducted in this state, receives, or per-
mits an employe to receive money, checks, drafts or other
property as a deposit therein when he has knowledge that
it is insolvent, or wilfully and fraudulently issues or puts
forth a certificate of deposit, draws an order or a bill of
exchange, makes an acceptance, assigns a note, bond, draft,
bill of exchange, mortgage, judgment of decree, or makes.
a false entry in a book, report or statement of such corpo-
ration, person, partnership or association, or fictitiously bor-
rows or solicits, obtains or receives money for said cor-
poration, person, partnership or association not in goo¢
faith intended to be and not the property of such corpora-
tion, person, partnership or association, with intent to
15
defraud or injure such corporation, person, partnership or
association, or another corporation, or person, or to deceive
an officer of such corporation, person, partnership or asso-
ciation or an agent appointed to examine the affairs of such
corporation, person, partnership or association, or publishes
a false statement or report relating to the financial conditior:
of such corporation, person, partnership or assocaition, with
intent to defraud or injure it or another corporation or per-
son, shall be fined not more than five thousand dollars or
imprisoned in the penitentiary for more than ten years, or
both. (103 v. 379 Sec. II.)
SECTION 744-12. That whenever any of the funds of
the state, or any of the political subdivisions of the state,
shall be deposited under any of the depository laws of the
state, every corporation, person, partnership and association
coming within the purview of this act shall be permitted to
bid upon and be designated as depositories of such funds,
upon furnishing such surety or securities therefor as is
prescribed by the laws of the state of Ohio; provided, how-
ever, that there shall not be deposited with any such cor-
poration, person, partnership, or association by any such
political subdivision an amount in excess of five hundred
thousand dollars. (106 v. 505 Sec. 1.)
SECTION 744-13. This act shall go into effect July first,
1914, except that every corporation not organized under the.
laws of this state or of the United States, person, partner-
ship or association, using the word “bank”, “banker” or
“banking” or “trust” or “trust company” or words of sim-
ilar meaning in any foreign language, as a designation or
name under which business is conducted in this state, shall,
on and after September first, 1913, make reports to the su-
perintendent of banks of Ohio in the manner and form
as provided in sections 737, 738 and 741 of the General
Code of Ohio which shall apply to and govern all such cor-
porations, persons, partnership or associations; provided
further that at any time after September first, 1913, the
superintendent of banks of Ohio, when he has reason to be-
lieve from. any report made by any such corporation, per-
son, partnership or association, or otherwise, that such
corporation, person, partnership or association is in a fail-
ing or insolvent condition he may make an examination of
any such corporation, person, partnership or association as
provided by section 730 of the General Code, and upon his
finding any such corporation, person, partnership, or asso-
ciation to be insolvent or in a failing condition he may take
charge of the same and proceed to liquidate its affairs as
provided by law for the liquidation of banking corporations
of this state; provided further than section 2 of this act shall
go into effect on January first, 1914. (103 v. 379 Sec. 15.)
Right to
bid for de-
posit of
yublic funds;
imitation of
amount,
July 1, 1914.
Private banks
must make
Epon and be
subject to in-
spection on
and after
Sept. 1, 1918,
other provi-
sions effective
Possession by
superin-
tendent.
Notice of
insolvency.
Administration
of trust.
16
LIQUIDATION.
SecTION 742. Whenever in this act it is provided that
the superintendent of banks may take possession of the
property and business of any corporation, company, com-
mercial bank, savings bank, safe deposit company, trust com-
pany, or any combination of two or more of such classes of
business or society for savings, or banking association, do-
ing business under the provisions of the banking laws of this
state, to liquidate its affairs, the superintendent of banks
shall take possession of and administer the assets of such
company or association as herein provided. (101 vy. 276
See-ors)
SECTION 742-1. Upon taking possession of the prop-
erty and business of any such corporation, company, society,
or association, the superintendent of banks shall forthwith
give written notice of such fact to all banks, trust com-
panies, associations and individuals holding or in possession
of any assets of such corporation, company, society or as-
sociation. No bank, trust company, association or individual
knowing that the superintendent of banks has taken posses-
sion of such company or association, shall have a lien or
charge for any payment advanced or any clearance there-
after made, or liability thereafter incurred against any of
the assets of the corporation, company, society or associa-
tion of whose property and business the superintendent of
banks shall have taken possession. Such corporation, com-
pany, society or association may with the consent of the
superintendent of banks, resume business upon such con-
ditions as may be approved by him. (101 v. 276 Sec. I.)
SECTION 742-2. Upon taking possession of the prop-
erty and business of such corporation, company, society or
association, the superintendent of banks is authorized to col-
lect money due to such corporation, company, society or
association, and to do such other acts as are necessary to
preserve its assets and business, and shall proceed to liqui-
date the affairs thereof, as hereinafter provided. The su-
perintendent of banks shall collect all debts due and claims
belonging to it, and upon the order of the common pleas
court in and for the county in which the office of such cor-
poration, company, society or association was located, may
sell or compound all bad or doubtful debts, and on like
order may sell all the real estate and personal property of
such corporation, company, society or association, on such
terms as the court shall direct; and the superintendent of
banks upon the terms of sale or compromise directed by the
court, shall execute and deliver to the purchaser of such
real and personal property, such deeds or instruments as
shall be necessary to evidence the passing of the title; and
if said real estate is situated outside the county in which
the office of the corporation, company, society or asso-
ciation, was located, a certified copy of such order author-
17
izing and ratifying said sale shall be filed in the office of
the recorder of the county within which said property 1s
situated; and may, if necessary to pay the debts of such
corporation, company, society or association, enforce the
individual liability, if any, of the stockholders. The super-
intendent of banks may under his hand and official seal
appoint one or more special deputy superintendents of
banks as agent or agents to assist him in the duty of liqui-
_ dation and distribution, a certificate of appointment to be
filed in the office of the superintendent of banks and a
certified copy in the office of the clerk of the county in
which the office of such corporation, company, society or
association was located. The superintendent of banks shall
require from such agent or agents such surety for the faith-
ful discharge of their duties as he may deem proper. All
bonds given shall be deposited with the secretary of state
and kept in his office. (103 v. 528 Sec. I.):
SECTION 742-3. The superintendent of banks shall
cause notice to be given by advertisement in such newspaper
as he may direct weekly for two consecutive months, calling
on all persons who may have claims against such corpora-
tion, company, society or association, to present the same to
the superintendent of banks, and to make legal proof thereof
at a place and within a time not later than the last day of
Co to be therein specified. The superintendent of
anks shall mail a similar notice to all persons whose names
appear as creditors upon the books of the corporation,
company, society or association. If the superintendent of
banks doubts the justice and validity of any claim, he may
reject the same and serve notice of such rejection upon the
claimants, either by mail or personally, and affidavit of
the service of such notice, which shall be prima facie evi-
dence thereof, shall be filed in his office. An action upon a
claim so rejected must be brought within six months after
such service. Claims presented and allowed after the ex-
piration of the time fixed in the notice to creditors, shall be
entitled to be paid the amount of all prior dividends therein
if there be funds sufficient therefor and share in the dis-
tribution of the remaining assets in the hands of the super-
intendent of banks equitably applicable thereto. (106 v¥.
B00. Sec. I.)
SECTION 742-4. The expenses incurred by the superin-
tenaent of banks in the liquidation of any bank in accord-
ance with the provisions of this act, shall include the ex-
penses of deputies or assistants, clerks and examiners
employed in such liquidation, together with reasonable at-
torney fees for counsel employed by said superintendent of
banks in the course of such liquidation. Such compensation
of counsel, of deputies or assistants, clerks and examiners
in the liquidation of any corporation, company, society or
association, and all expenses of supervision and liquidation
shall be fixed by the superintendent of banks, subject to the
approval of the common pleas court of the county in which
Qe. Hg B;
Superintend-
ent may ap-
puint special
deputies to
assist in
liquidation.
Notice tu
creditors.
Expenses of
liquidation;
how paid.
Inventory
to be made
in triplicate.
Deposit of
funds col-
lected.
18
the office of such corporation, company, society or associa-
tion was located on notice to such corporation, company,
society or association. The expense of such liquidation shall
be paid out of the property of such corporation, company,
society or association in the hands of said superintendent of
banks, and such expenses shall be a valid charge against the
property in the hands of ‘said superintendent of banks and .
shall be paid first, in the order of priority. Provided, how-
ever, that no stich expense shall be paid out of the property
of such person, partnership, corporation, company, society
or association until an account of such expense shall have
been filed with and approved by the common pleas court of
the county in which such person, partnership, corporation,
company, society or association is located. Provided, also,
that the superintendent of banks shall give notice, by publi-
cation of the application for the approval of stich expense
account, in a newspaper of general circulation in the com-
munity in which such person, partnership, corporation, com-
pany, society or association is located at least ten days before
such court shall pass upon such application. (106 v. 360
Slo gy
SECTION 742-5. Upon taking possession of the prop-
erty and assets of such person, partnership, corporation,
company, society or association, the superintendent of
banks shall make an inventory of the assets of such person,
partnership, corporation, company, society or association in
triplicate, — one to be filed in the office of the superin-
tendent of banks, one in the office of the clerk of the
county in which the office of such person, partnership,
corporation, company, society or association was located,
and one with the auditor of state. It shall be the duty of
the auditor of state to have such inventory immediately
verified by comparison with the current books of the bank.
Upon the expiration of the time fixed for the presentation
of claims, the superintendent of banks shall make in tripli-
cate a full and complete list of the claims presented, in-
cluding and specifying such claims.as have been rejected
by him,.of which one shall be filed in the office of the
superintendent of banks, one in the office of the clerk of
the county in which the office of such corporation, com-
pany, society or association was located, and one with the
auditor of state. And the superintendent of banks shall
in like manner make and file supplemental lists showing
all claims presented subsequent to the filing of the first
list, — such supplemental lists to be filed at least fifteen
days before the declaration of any dividend, and in any
event such supplemental lists shall be filed at intervals of
not exceeding six months. Such inventory and list of
claims shall be open at all reasonable times for inspection.
(106 v. 360 Sec. 1.)
SECTION 742-6. The moneys collected by the super-
intendent of banks shall be from time to time deposited
in one or more state banks of deposit, savings banks, or
19
trust companies, subject to his order as herein provided.
fOr V..270 S€C;1..)
SECTION 742-7. At any time after the expiration’ of
the date fixed for the presentation of claims, the superin-
tendent of banks may, out of the funds remaining in his
hands after the payment of expenses, declare one or more
dividends, and after the expiration of one year from the
first publication of notice to creditors, he may declare a
final dividend, — such dividends to be paid to such per-
sons and in such amounts and upon such notice as may be
Dividends;
when and
how declared.
directed by the common pleas court of the county in which |
the office of such corporation, company, society or associa-
tion was located. (101 v. 276 Sec. 1.)
SECTION 742-8. Objection to any claim not rejected
_ by the superintendent of banks may be made by any party
interested by filing a copy of such objection with the super-
intendent of banks, who shall present the same to the com-
mon pleas court of the county in which the office of such
corporation, company, society, or association was located,
upon written notice to the party filing the same, said notice
setting forth the time and place of the presentation. The
court upon return day of said notice shall hear the objec-
tions raised to said claim, or refer the determination of
said objections to a referee for report, or upon demand of
either the superintendent of banks or the party filing the
objections direct that the issues be tried before a jury.
The court may make proper provision for unproved and
unclaimed deposits. (tor v. 276 Sec. 1.)
SECTION 742-9. Whenever any such person, part-
nership, corporation, company, society or association of
whose property and business the superintendent of banks
has taken possession, as aforesaid, deems itself aggrieved
thereby, it may at any time within thirty days after taking
such possession apply to the common pleas court of the
county in which the office of such corporation, company,
society or association was located, to enjoin further pro-
ceedings, and said court, after citing the superintendent of
banks to show cause why further proceedings should not
be enjoined and hearing the allegation and proofs of the
parties and determining the facts, may, upon the merits,
dismiss such application or enjoin the superintendent of
banks from further proceedings, and direct him to sur-
render such business and property to such person, partner-
ship, corporation, company, society or association. (106
Bir 900 eC: I.)
SECTION 742-10. No receiver shall be appointed by
any court, nor shall any deed of assignment for the bene-
fit of creditors be filed in any probate court or court of
insolvency, within this state, for any incorporated bank,
savings bank, savings and trust company, safe deposit and
trust company, society for savings, savings society, or any
combination of same doing business under the laws of this
Rejected
claims.
Application
to enjoin
proceedings;
hearing;
decree.
Institution
may appoint
receiver upon
authority of
court.
20
state except upon notice to the superintendent of rina
unless in case of urgent necessity it becomes in the judg
ment of the court necessary so to do in order to preserve
the assets of such corporation, company, society Or assO-
ciation, The superintendent of banks may within five
days after the service of such notice upon him take posses-
sion of such corporation, company, society or association,
in which case no further proceedings shall be had upon
such application for the appointment of receiver or under
such deed. of assignment, or, if a receiver has been ap-
pointed or such assignee shall have entered upon the ad-
ministration of his trust, such appointment shall be va-
cated or such assignee shall be removed upon application
of the superintendent of banks to the proper court there-
for, and the superintendent of banks shall proceed in all
such cases to administer the assets of such corporation,
company, society or association as herein provided. (101
¥,) 276: Seek.)
Liquidation SECTION 742-11. Whenever the superintendent of
rhb ce ha ak banks shall have paid to. each depositor and creditor of
such corporation, company, society or association (not in-
cluding stockholders) whose claim or claims as such de-
positor or creditor shall have been duly proved and al-
lowed, the full amount of such claims, and shall have
made proper provision for unclaimed or unpaid deposits
or dividends, and shall have paid all the expenses of the
liquidation, the superintendent of banks. shall call a meet-
ing of the stockholders of such corporation, company, so-
ciety or association, by giving notice thereof for thirty
days in one or more newspapers published in the county
wherein the office of such corporation, company, society
or association was located. (101 v. 276 Sec. 1.)
Final liquida- SECTHON 742-12. At such meeting the stockholders
“tion by super: shall determine whether the stiperintendent of banks shall
continue to administer its assets and wind up the affairs
of such corporation, company, society or association, or
whether an agent or agents shall be elected for that pur-
pose; and in so determining the said stockholders shall
vote by ballot in person, or by proxy, each share entitling
the holder to one vote and the majority of the stock shall
be necessary to a determination. In case it is determined
to continue the liquidation under the superintendent of
banks, he shall complete the liquidation of the affairs of
such corporation, company, society or association, and
after paying the expenses thereof shall distribute the pro-:
ceeds among the stockholders in proportion tothe several
holdings of stock, in such manner’ and upon such notice
as may be directed by the common pleas court of the
county in Which the office of such corporation, company, —
society or association was located. (101 v. 276 Sec. I.) 2
21
. SEcTIION 742-13. In case it is determined to appoint
an agent or agents to liquidate, the stockholders shall
thereupon select such agent or agents by ballot, —a ma-
ority of the stock present and voting, in person or by
proxy, being necessary to a choice. Such agent or agents
shall file with the superintendent of banks a bond to the
state of Ohio in such amount and with such sureties as
shall be approved by the superintendent of banks for the
faithful performance of all the duties of his or their trust,
and thereupon the superintendent of banks shall transfer
to such agent or agents all the. undivided or uncollected
or other assets of such corporation, company, society or
association then remaining in his hands; and upon such
transfer and delivery the said superintendent of banks
shall be discharged from all further liability to such cor-
poration, company, society or association and its creditors.
mor vy. 276 Sec. 1. .
SECTION 742-14. Such agent or agents shall convert
the assets coming into his or their possession into cash,
and shall account for and make distribution of the prop-
erty of such Corporation, company, society or association
-as herein provided in the case of distribution by the super-
intendent of banks, except that the expenses thereof shall
“be subject to the direction and control of the common
pleas court of the county in which the office of such cor-
poration, company, society or association was located.
ea 270 eC): 1-)
_ SECTION 742-15. In case of death or removal or re-
fusal to act of any such agent, or agents, the stockholders
may elect a successor as hereinbefore provided who shall
have the same powers and be subject to the same liabilities
d duties as the agent, or agents, originally elected. (r1o1
e270) Sec. :T.)
; SECTION 742-16. Dividends and unclaimed deposits
Temaining in the hands of the superintendent of banks for
x months after the order for final distribution shall be
y him deposited with the treasurer of state who shall
hold such funds as custodian, subject to the order of the
superintendent of banks and without. the necessity of ap-
propriation by the General Assembly. The superintendent
f banks may pay over the moneys so held by him to the
persons respectively entitled thereto, upon being furnished
‘Satisfactory evidence of their right to the same. In cases
of doubt or conflicting claims he may apply to the com-
mon pleas court of the county in which the office of such
erson, partnership, corporation, company, society or as-
sociation was located for an order authorizing and direct-
ing the payment thereof. All unclaimed deposits and un-
called for dividends for which no claim has been made
within a period of five years, after the order for final dis-
ribution, shall be paid into the state treasury upon the
arrant of the auditor of state. (106 v. 360, Sec. 1.)
Final liquida-
tion by agent;
discharge of
superin-
tendent.
Distribution
of remaining
assets by
agent.
Inability of
agent to act.
Final dis-
tribution by
superintedent.
Possession
and liquida-
tion; reasons
for.
“#4
Notice of ap-
pointment.
Voluntary
liquidation.
iM
22
SECTION 9749. On becoming satisfied that a cor-
poration has refused to pay its depositors in accordance
with the terms on which such deposits were received (it
received under the provisions of this chapter. (Chap. 2,
Div. V., Title IX), or that such corporation has become
otherwise insolvent, or that its capital has been impaired
for a period of ninety days, or is conducting its business
in an unsafe or unauthorized manner, or if from any ex-
amination or report provided for by this chapter the
superintendent shall have reason to conclude that such
corporation is in an unsound or unsafe condition to trans-
act the business for which it was organized, or that it is
unsafe for it to continue business, the superintendent of
banks forthwith may take possession of the property and
business of such corporation until its affairs be finally
liquidated, as herein provided. The superintendent of
banks shall not take possession of the property and busi-
ness of any such corporation which was incorporated
under the laws of this state and transacting business at
the time of the passage of this act for failure to comply
with the provisions of this act, as to transactions made
prior to the passage of this act or renewals or settlements
and adjustments of such transactions, where the examina-
tions provided for in this act disclose, or any such corpora-
tion shows to the satisfaction of such superintendent of
banks, that .the interest .of its depositors, creditors and
stockholders will not be endangered by permitting it to
continue to transact its regular business. (101 v.. 276
SecreaTs)
SECTION 9750. Notice of the appointment of such re-
ceiver shall be given by advertisement in some newspaper
published in the city, village or. county where such cor-
poration is located, for six consecutive weeks, calling upon
all persons who have claims against it to. present them to
such receiver, and make legal proof thereof. (99 v. 278
See; 42)
SECTION 9747. A corporation organized under this
chapter, may go into liquidation and be closed by the vote
of its stockholders owning two-thirds of its stock in number
and amount. When a vote to go into liquidation is taken,
the board of directors shall cause notice of such fact to be
certified under seal of the corporation, by its president
and secretary, treasurer or cashier, to the supeintendent of
banks, and publication thereof to be made for a period of
four weeks in a newspaper published in the city, village or
county in which the corporation is located, that it is closing
up its affairs, and notifying creditors to present their claims
against the corporation for payment. (99 v. 277 Sec. 39.)
23
ORGANIZATION AND MANAGEMENT OF BANKS
. IN GENERAL. ;
oust: Ati, - Sec. 3:
Dues from private corporations shall be secured by such
means as may be prescribed by law, but in no case shall any stock-
holder be individually liable otherwise than for the unpaid stock
owned by him or her; except that stockholders of corporations au-
thorized to receive money on deposit shall be held individually
responsible, equally and ratably, and not one for another, for all
contracts, debts and engagements of such corporation, to the ex-
tent of the amount of their stock therein, at the par value thereof,
in addition to the amount invested in such shares. *
Cuap 2, Div. V, TiTLeE IX, GENERAL CODE.
SECTION 9702. Any number of persons, not less than
five, a majority of whom are citizens of this state, may asso-
ciate and become incorporated to establish a commercial
bank, a savings bank, a safe deposit company, a trust com-
pany, or to establish a company having departments for
two or more, or all of such classes of business, upon the
terms and conditions and subject to the limitations herein-
after and by law prescribed. (99 v. 269 Sec. 1.)
SECTION 9703. Such persons shall subscribe and ac-
khowledge before an officer authorized to take acknowlg-
ments of deeds, articles of incorporation, the form of which
shall be prescribed by the secretary of state, which must
contain :
a. The: name by which such corporation is to be
known, which shall begin with the word “The” and end
wtih the word “bank” or “company”.
b. The place where its business is to be transacted,
designating the particular city, village or township.
c. The purpose for which it is formed, whether that
of a commercial bank, savings bank, safe deposit company.
trust company, or a combination of two or more or all, of
such classes of business.
d. The amount of its capital, which shall be divided
into shares of one hundred dollars each. (102 v. 171
mec.1.)
SECTION 9704. * The capital stock of a commercial bank
shall not be less than twenty-five thousand dollars; of a
savings bank, not less than twenty-five thousand dollars ;
of a commercial bank and savings bank, not less than
twenty-five thousand dollars; of a safé deposit company,
not less than twenty-five thousand dollars; of a commercial
- bank and safe deposit company, not less than twenty-five
thousand dollars; of a savings bank commercial bank and
safe deposit company, not less than fifty thousand dollars;
of a trust company, not less than one hundred thousand
dollars; of a trust company and safe deposit company, not
less than one hundred thousand dollars; of a trust com-
Double lia-
bility of
stockholders
constitution
1912.
Incorpora-
tion of
banks,
Articles of
incorporation.
Capital stock.
Certificate of
clerk of court.
Duties of sec-
retary of state.
Certified copy
of articles,
Enumeration
of powers.
24
pany and savings bank, not less than one hundred thousand
dollars; of a trust company, savings bank and safe deposit
company, not less than one hundred and twenty-five thou-
sand dollars; and of a trust company, savings bank, com-
mercial bank and safe deposit company, not less than one
hundred and twenty-five thousand dollars. (99 v. 269
een) :
SecTIoN 9705. The official character of the officer
before whom the ackriowledgment of articles of incorpora-
tion is made, shall be certified by the clerk of court of
common pleas of the county in which the acknowledgment
is taken and the articles shall be filed in the office of the
secretary of state. If they are in conformity to law, the
secretary of state shall record them, and furnish’ one certi-
fied copy thereof to the incorporators of such corporation,
and another certified copy to the superintendent of banks.
to be by him filed in his office. (99 v. 269 Sec. 3.)
SECTION 9706. The secretary of state shall not file or
record any such articles of incorporation in which the name
of the corporation is likely to mislead the public as to the
character or purpose of the business authorized by its
charter, or is the same as one already adopted or appro-
priated by an existing corporation of this state, or so
similar thereto as to be likely to mislead the public, unless
the place of business of such company is to be located in a
county other than the one in which the corporation bearing
such similar name is then doing business, and the corpora-
tion so adopting such name adds thereto the words “of
RS Ss iw ality ee eee ” (indicating thereby the name
of the city, village or township in which its principal place
of business is situated). (99 v: 269 Sec. 3.)
_ SECTION 9707. A copy of such articles of incorpora-
tion, duly certified by the secretary of state, shall be prima
facie evidence of the existence of such corporation; and all
certificates thereafter filed in the office of the secretary of
state relating to such corporation shall be recorded. (99
V., 200), ee: 3.)
_ SeEcTION 9708. Upon such filing of the articles of
incorporation, the persons who subscribe them, their asso-
clates, successors, and assigns, by the name designated
therein, shall become a body corporate with succession, and,
as such, shall have power:
a. To adopt and use a corporate seal, and to alter it
at pleasure.
b. . To contract and be contracted with;
c. To sue and be sued; ‘
d. To adopt regulations for the government of the
corporation, not inconsistent with the constitution and laws
of this state;
_. @. To do all needful acts, to carry into effect the ob-
jects for which it was created. (99 v. 270 Sec. 4.)
25
SECTION 9709. Regulations of the corporation may be
adopted or changed by the assent thereto, in writing, of
two-thirds of the stockholders, in number and amount or
by a majority of the stockholders, in number and amount,
at a meeting held for that purpose, notice of which has been
given for that purpose by the president or secietary or any
two directors personally or by written notice to each stock-
holder, or by publication, for thirty days, in some news-
paper of general circulation in the county in which the
corporation is located.- (99 v. 270 Sec. 4.)
SECTION 9710. The persons named in the articles of
incorporation of any such company, or a majority of them,
shall order books to be opened for subscription to the capi-
tal stock of the company in the manner provided for other
corporations. An installment of ten per cent. on each share
of stock shall be payable at the time of making the subscrip-
tion, and an installment of forty per cent. on each share of
stock shall be payable as soon thereafter as may be requirec
by the board of directors, the remaining fifty per cent
being payable in the manner hereinafter required. (99 ¥
| 270 Sec. 5.)
SECTION 9711. As soon as the capital stock of such
corporation is fully subscribed and ten per cent. thereof
paid in, the subscribers of the articles of incorporation, or
a majority of them, shall so certify in writing to the secre-
tary of state, and thereupon give notice to the stockholders,
in the manner provided for other corporations, to meet for
the purpose of choosing not less than five nor more than
thirty directors, who shall continue in office until the time
fixed for the annual election, and until their successors are
elected and qualified. But if all subscribers are present in
person or by proxy, such notice may be waived in writing.
ioe ¥. PAI Sec 1.)
SECTION 9712. At the time and place appointed, direc-
tors shall be chosen in the manner provided for other cor-
porations. (99 v. 271 Sec. 7.)
SECTION 9713. Unless the regulations of the corpora-
tion otherwise provide an annual election for directors shail
be held on the second Wednesday of January of each year.
If for any cause, directors are not elected at the annual
meeting, or other meeting called for that purpose, they may
be chosen in the manner provided for other corporations.
(99 v2271 Sec.-8:)
SEcTION 9714. In all other respects, such corporation
shall be created, organized, governed and conducted in the
manner provided by law for other corporations in so far
as not inconsistent with the provisions of this chapter. (99
Wal272-Sec,- 9.)
Regulations,
how adopted.
Opening of
subscription
books.
Certificate of
subscription.
Directors.
Annual
elections.
General pro-
visions; when
applicable.
Authorization
of superin-
tendent.
Monthly in-
stallments on
capital stock.
Failure to pay
installments;
sale of stock.
Surplus from
sale,
Superin-
tendent may
take pos-
session.
~ 26
SECTION 9715. .No such corporation shall transact
business except such as is incidental and necessarily ‘pre-
liminary to its organization, until it has been authorized by
the superintendent of banks. (99 v. 271 Sec. 10.)
SEcTION 9716. The entire capital stock of such cor-
poration shall be subscribed and at least fifty per cent. of
each share paid in before it may be authorized to commence
business. The remainder of its capital stock shall be paid
in in monthly installments of at least ten per cent. each on
the whole amount of the capital, payable at end of each
succeeding month from the time it is authorized by the
superintendent of banks to commence business. The pay-
ment of each installment shall be certified under oath to
the superintendent of banks by the president, secretary,
treasurer, or cashier of such corporation. (102 v. 171
Sece ist
SECTION 9717. When a stockholder or his assigns fails
to pay an installment on his stock, as required by the pre-
ceding section to be paid, or for thirty days thereafter, the
directors for such company may sell his stock at public sale
for not less than the amount due thereon, including costs
incurred, to the person who will pay the highest price
therefor, having first given the delinquent stockholder
twenty days’ notice of such sale personally, or if no per-
sonal notification can be given, then by mail at his last
known address as appears from the corporate record, and
having advertised the sale for a like period in a paper of
general circulation within the county in which the corpora-
tion is located. If no bidder can be found who will pay for
such stock the amount ‘due thereon, with costs incurred,
such stock shall be sold as the directors order, within six
months for not less than the amount then due thereon with
all costs of sale. (99 v. 271 Sec. 12.)
SECTION 9718. Upon a sale of stock, any surplus over
the amount due thereon to such corporation, with interest
and costs incurred, shall be paid over to the original stock-
holder, or his assigns. (99 v. 272 Sec. 13.)
SEcTION 9719. If the cancellation,of the stock of any
delinquent holder reduces the capital of the corporation
below the minimum required by law, the capital of such
corporation shall be increased by additional subscription to
the minimum required by law, within sixty days from the
date of such cancellation; in default of which the superin-
tendent of banks may forthwith take possession of the
property and business of such corporation until its affairs
be finally liquidated, as herein provided. (101 v. 276
Sec; /.)
27
7
SEecTION 9720. When a certificate is transmitted to the
superintendent of banks, signed by the president, secretary,
or treasurer of such corporation, notifying him that the
entire capital stock of such corporation is subscribed, thai
fifty per cent. thereof has been duly paid in, and that such
corporation has complied with all the provisions of law
required to be done before it can be authorized to commence
business, the superintendent of banks shall examine into
its affairs, ascertain especially the amount of money paid
in on account of its capital, the name and place of residence
of each director, the amount of capital stock of which each
is the owner in good faith, and whether such corporation
has complied with all the provisions of law required to
entitle it to engage in business. (99 v. 272 Sec. 15.)
SECTION 9721. If upon such examination of the facts
referred to in section 9720, and of any other facts which
may come to the knowledge of the superintendent of banks,
whether by means of a special commission appointed by
him for the purpose of inquiring into the condition of such
corporation or otherwise, the superintendent of banks finds
that such corporation is lawfully entitled to commence busi-
ness, he shall give it a certificate under his hand and official
seal that it has complied with all of the provisions required
by law, and is authorized to commence business. But the
superintendent may withhold such certificate when he has
reason to believe that the stockholders have formed such
corporation for any other purpose than the legitimate busi-
ness herein contemplated, or that the character and general
fitness of the persons named as stockholders in the certifi-
cate are not such as to command the confidence of the
community in which such bank is proposed to be located,
or that the public convenience and advantage will not be
promoted by its establishment. If the superintendent of
banks withholds a certificate for any of the reasons named
in this section an appeal may be made to a board composed
of the governor, attorney general and superintendent of
banks whose decision shall be final. (102 v. 171 Sec. 1.)
SECTION 9722. The corporation shall cause such cer-
tificate to be published in some newspaper printed in the
city, village or county where it is located, once a week for
four successive weeks or if no newspaper is published in
such county, then in a newspaper published at the nearest
county seat. (99 v. 272 Sec. 17.) .
SECTION 9723. Hereafter, all corporations incorpo-
rated as commercial banks, savings banks, savings societies,
societies for savings, savings and loan associations, safe
deposit companies, trust companies, and savings and trust
companies, or a corporation having departments for two or
more, or all of such classes of business, shall be incorpo-
rated and organized with a capital stock, and under the
provisions of this chapter. The secretary of state shall not
Preliminary
examination
by superin-
tendent.
Certificate
of superin-
tendent,
Publication
of certificate.
Duty as to
filing articles.
Transfers
of stock.
Increase of
capital stock.
Reduction of
capital stock.
Monthly
meetings.
Executive
committee.
Minutes of
executive
committee.
28
file or record articles of incorporation for such a corpora-
tion, unless in accordance therewith. (99 v. 272 Sec. 18.)
SECTION 9724. The shares of stock of such corpora-
tion shall be deemed personal property and shall be trans-
ferred on its books in such manner as the regulations and
by-laws of the corporation direct. (99 v. 273 Sec. 19.)
SECTION 9725. A corporation doing business under the
provisions of this chapter, may increase its capital stock as
provided for other corporations. In case of such increase,
the board of directors first shall offer such additional stock
pro rata to all stockholders of record at such price, not less
than par, as they deem best for the interest of the corpora-
tion. Shares remaining unsold then may be sold to any
person on the same or better terms. (99 v. 273 Sec. 20.)
SECTION 9726. Such a corporation may reduce the
amount of its capital stock in the manner provided for |
other corporations, but notice of such reduction shall be
published in a newspaper of general circulation in the city, .
village or county, in which it is doing business. No reduc-
tion shall be made to an amount less than the minimum
amount of capital stock required for such corporation, nor
shall such reduction be valid or warrant the cancellation of
stock certificates until it has been approved by the super-
intendent of banks. Such approval shall not be given
except upon a finding by him that the security of existing
creditors of the corporation will not be impaired. (99 v.
273) SEP eh} .
SECTION 9727. The corporate powers, business and
property of corporations formed under this chapter, shall
be exercised, conducted and controlled by the board of
directors, which shall meet at least once each month. Such
board shall consist of not less than five or more than thirty
directors,:to be chosen by the stockholders, and hold office
for one year and until their successors are elected and
qualified. (99 v. 273 Sec. 22.)
SECTION 9728. The board of directors may appoint an
executive committee to consist of at least three of its mem-
bers, with such duties and powers as are defined by the
regulations or by-laws who shall serve until their successors
are appointed. Such executive committee shall meet as
often as the board of directors require, which shall not be
less frequently than once each month, and approve or dis-
approve all loans and investments. All loans and invest-
ments shall be made under such rules and regulations as the
board of direcfors prescribe. (99 v. 273 Sec. 23.)
SECTION 9729. Minutes shall be kept of the meétings
of such executive committee, including records of loans and
investments, to be submtited to the board of directors for
approval at each meeting. The minutes and records of such
29
committee shall be kept on file. No loan shall be made.
directly or indirectly, to an officer, or member of the execu-
tive committee of such a corporation, unless duly authorized
by a majority of the members of the board of directors.
Such authorization shall be recorded on the records of their
proceedings, and all loans when so authorized and made to
officers, or members of the executive committee shall be
made and secured in the same manner as loans to other
Ppersons., (90 vs 273° Sec. 23.)
SECTION 9730. In elections of directors, and in decid-
ing questions at meetings of stockholders, each stockholder
shall be entitled to one vote for each share of stock held by
him. Any stockholder also may vote by proxy duly author-
ized in writing. (99 v. 274 Sec. 24.) —
SECTION 9731. Every director must be the owner and
Elections.
Directors;
holder of at least five shares of stock in his own name anc regulations.
right, unpledged and unincumbered in any way, and at
least three-fourths of the directors must be residents of this
state.( 99 v. 274 Sec. 25.)
SECTION 9732. Every director shall take and subscribe
an oath that he will diligently and honestly perform his
duties in such office, not knowingly violate, or permit to be
violated, any provisions of this chapter, and that he is the
owner in good faith of the number of shares of stock of the
company required to qualify him for such office, standing
in his own name, on its books. (99 v. 274 Sec. 26.)
SECTION 9733. Any vacancy in the board of directors
may be filled by the board for the unexpired term. (99 v.
BTAS eC. 27.)
SECTION 9734. The officers of such corporation, be-
fore entering upon the discharge of their duties, shall give
bond to the corporation in the amount required -by the
directors and with surety to be approved by them, for their
fidelity and good conduct and for the safe keeping and
proper application of the funds of the corporation and of
such moneys and other property as many be placed in their
charge. The directors may require an increase of the
amount of such bonds whenever they deem it necessary.
The directors as such shall not be required to give bond.
(99-v. 274 Sec. 28.)
SECTION 9735. The board of directors of such cor-
poration may declare a dividend of so much of its net
profits as they deem expedient. Before su€h dividend is
declared, not less than one-tenth of the net profits of the
company for the preceding half-year, or for such period
as is covered by the dividend, shall be carried to a surplus
fund until such fund amounts to twenty per cent. of its
capital stock.
Oath of
directors.
Vacancy.
Bond of
officers.
Declaring
dividends,
20% surplus
fund.
Net profits.
How
ascertained.
Annual ex-
amination.
How stock as- ©
signed or
transferred.
Record of
stockholders.
Banks here-
tofore incor-
porated.
39 ‘
In order to ascertain the net profits from which such a
dividend may be made, in the amount of. profit and loss
there shall be charged and deducted from the actual profits:
(1) All ordinary and extraordinary expenses, paid or
incurred, in managing the affairs and transacting the busi-
ness of the corporation.
(2) Interest paid or then due, on debts which it owes.
(3) All taxes due.
(4) All losses sustained by the corporation. In com-
puting its losses, debts owing to it which have become due
and which are not in process of collection and on which
interest for one year or more is due and unpaid, unless
same are well secured, and debts upon which judgment was
recovered, but has been more than two years unsatisfied,
and on which also for said period of two years, no interest
was paid, unless same are well secured, shall be included.
(1035¥.-270: Sec; 12)
SECTION 9736. A committee of at least two directors
or stockholders annually shall be appointed by the board
of directors to thoroughly examine, or to stperintend the
examination of, the assets and liabilities of the corporation,
and to report to the board of directors the result of such
examination. A copy thereof attested and verified under
oath by the signatures of a’ majority of such committee
forthwith shall be filed with the superintendent of banks.
(99 v. 274 Sec. 30.)
SECTION 9737. The stockholders of such a corporation
may provide and determine the conditions upon. whick
shares of its stock shall be assignable and transferable, and
such shares shall be assignable and transferable only ac-
cording to rules and regulations and upon conditions such
as the stockholders for that purpose make and establish.
(99 v...275 Sec: 34.)
SEcTION 9738. A book shall be provided and kept by
every such corporation, in which shall be entered the name
and residence of each stockholder, the number of shares
held by each, the time when each person became a stock-
holder; also, all transfers of stock, stating the time when
made, the number of shares and by whom transferred,
which book shall be subject to the inspection of the direc-
tors, officers and stockholders of the corporation at all times
one as usual hours of transacting business. (99 v. 275
ee7 34°
_ SECTION 9739. Banks, savings banks, savings societies,
societies for savings, savings and loan associations, safe
deposit companies, trust companies, savings and trust com- »
panies, and combinations of any two or more of such corpo-
rations, heretofore incorporated under any law of. this
state, may continue business and the exercise of powers
31
they now have without prejudice to any rights acquired
under the acts~under which they were incorporated; and
there shall be saved to such associations and corporations
all the rights, privileges and powers heretofore conferred
Mmonethett. 7.90: ve 275° SEC.35.).>
SEcTION 9740. A corporation formed to combine two
or more classes of business under this chapter, shall keep
separate books of accounts for each class. Receipts, invest-
ments and transactions relating to each of such classes of
business shall be governed by the provisions and restric-
tions herein specifically provided therefor. (99 v. 275
Pets +35.)
SECTION 9741. Banks, savings banks, savings societies,
societies for savings, savings and loan associations, safe
deposit companies, trust companies, savings and trust com-
panies, and combinations of any.two or more of such corpo-
rations, heretofore incorporated in this state which have
paid in the amount of capital stock required by this chapter
to enable them to commence business, if they so elect, may
avail themselves of the privileges and powers herein con-
ferred, by signifying such election and declaration under
their seal, attested by the signature of the president and
secretary, to the secretary of state and the superintendent
of banks, which such secretary shall record, and his certifi-
cate be evidence thereof. When such election and declara-
tion is so recorded, it shall confer all the privileges and
powers conferred by this chapter, and from that time such
association or corporation shall be governed by its provis-
ions. (99 v. 276 Sec. 36.)
SECTION 9742. Such election and declaration shall be
made only when authorized by a vote of at least two-thirds
of the capital stock at a meeting of stockholders, thirty
days’ notice of which meeting, and of the business to come
before it, has been given by a majority of the directors in a
newspaper published and of general circulation in the
county where such association or corporation has-its prin-
cipal place of business. But after April 1, 1910, every such
corporation or association in all respects must conform its
business and transactions to the provisions of this chapter.
(99 v. 276 Sec. 36.)
SECTION 9743. When a corporation which has adopted
the provisions of this chapter, or a corporation hereafter
incorporated desires to enlarge the objects or purposes for
which it was formed, so as to combine one ot more of the
different classes of business herein authorized with that for
which it is already incorporated, or desires to diminish the
objects or purposes for which it was formed, or desires to
modify such objects in any other respect, it may do so by
amendments to its articles of incorporation in the manner
provided for other corporations . (99 v. 276 Sec. 36.)
Separate
books for
each class
of business.
How banks
heretofore
organized to
be governed.
Declaration of
acceptance.
Amendments.
Investments
heretofore
made. |
Advertisement
of capital
prohibition.
Penaity.
Consolidation.
Manner of
consolidation.
State. Use
of word
restricted.
32
Section 9744. Nothing in this chapter shall affect the
legality of investments heretofore made, or of transactions
heretofore had, but the superintendent of banks may re-
quire the change of investments for those named herein, as
it can be done by the sale or redemption of securities so
invested in, in such manner as to prevent loss or injury to
the bank. No renewal or.extension of such a loan or invest-
ment shall be made by such a corporation unless it be
approved by the superintendent of banks. (99 vy. 276
SECi2377)
SEcTION 9745. It shall be unlawful for a commercial
bank, savings bank, safe deposit company, trust company,
or combination of any two or more of such incorporations,
or any other corporation governed by the provisions of this
chapter, to advertise by newspaper, letter head, or in any
other way, a larger capital than actually has been paid in.
(90. 277 “Sec, =38z)
SECTION 9746. 3813.) .
Savings societies, and savings and loan _
2
:
B
39
inbefore authorized, may loan and invest the funds, moneys
and property owned or received by such companies respect-
ively, and to the respective amounts to which they are
limited in other loans and investments, in legally authorized
first mortgage bonds of steamship companies. Such mort-
gage shall be upon steel steamships, or steamships for the
carriage of freight, or package, freight and passengers com-
‘bined upon the great lakes and connecting waters, of at
least five thousand tons carrying capacity, each. Such bonds
shall be issued at the time of the completion and enrollment
of the steamship or steamships, or within five years there-
after. The mortgage by express terms shall state that at
least ten per cent. of the total issue of such bonds shall be
retired, annually, beginning within two years from the date
thereof, and the mortgage liability against such property
shall not exceed one-half of its actual cost. The terms of
such mortgage and the duties of the trustees thereof shall be
the same as is provided in section 9823 and 9824. (R. S.
Sec. 3821aa.)
SEcTION 9814. Before a dividend, or interest- on de-
posits, is paid by such societies, they must have a surplus
fund equal to not less than five per cent. of the whole
amount of deposits, and gradually increase such fund to
an amount equal to ten per cent. of the amount of de-
posits, RS. Sec. 3815.)
~ SECTION 9815. All “societies for savings’ and “sav-
ings societies” now doing business, whose charters are sub-
ject to alteration or repeal, may continue their business
under their respective charters, after the expiration thereof,
_ subject, however, to the repeal of any such charter, and to
such amendments, alterations, rules, and regulations as may
_be prescribed, from time to time, by any laws of the state.
(R. S. Sec. 3814.)
SAFE DEPOSIT COMPANIES.
SECTION 9772. A safe deposit company may purchase,
lease, hold and convey real estate whereon is erected or
may be erected a building or buildings useful for the
convenient transaction of its business, including fire and
burglar proof vaults and safes, and from portions of which,
“not. required for its own use, a revenue may be derived.
The cost of such buildings and the real estate whereon they
are erected in no case shall exceed fifty per cent. of the
paid-up capital and surplus of the corporation, Any sum
not so invested in buildings and real estate may be invested
In the manner provided herein for the investment of the
tunds of savings banks. (99 'v. 283 Sec. 65.)
SEcTION 9773. A safe deposit company may receive
property of every kind for safe keeping, collect and dis-
burse the interest or income or principal of securities on
‘such terms as are agreed upon, and also act as agent, for
At least 10%
must be
retired
annually.
Must have
surplus fund
equal to 5%
of deposits.
May continue
business
under old
charter.
What ‘real
estate’ may
be held.
Powers to
act as agent.
Powers of
safe deposit
and trust
companies.
May act
as agent
or trustee.
Courts may
order money
deposited with
company.
May receive
money or
property held
in trust.
How trust
money loaned
or invested.
40
the purpose of registering, countersigning or transferring
the certificates of stock, bonds or other evidence of indebt-
edness of any corporation, association, municipality, state
or public authority, on such terms as are agreed upon.
(99 v. 283 Sec. 65.)
SEcTION 9816. Safe deposit and trust companies by
lease or purchase may provide a proper and secure fireproof
building or buildings and fire and burglar proof vaults, or —
safes, receive on deposit for safe keeping, government
securities, stocks, bonds, coins, jewelry, plate, valuable
books, papers, documents and other property of every kind,
collect and disburse the interest or income upon such prop-
erty received on deposit as produces interest on income,
and collect and disburse the principal of such of the prop-
erty as produces interest or income when it becomes due,
upon terms prescribed by such company so receiving the
property. (R. S. Sec. 38214.)
SECTION 9817. Such companies also may act as agent
or trustee for the purpose of registering, countersigning
or transferring the certificates of stock, bonds, or other evi-
dences of indebtedness of a corporation, association, munici-,
pality, state or public authority, upon such terms as are
agreed upon. (R. S. Sec. 3821a.)
SECTION 9818. Any court in this state, including pro-
bate courts, may by order, decree or otherwise, direct
moneys or properties under its control, or paid into court
by parties to an action or legal proceedings, or which are
brought into court by reason of an order, judgment or de-
cree, in equity or otherwise, to be deposited with a safe-
deposit and trust company, by such court designated, upon
terms, and subject to such instructions as are expedient.
But such company shall not be required to assume or exe-
cute a trust. without its own consent. (R. S. Sec. 38214.)
SECTION 9819. Such companies also may receive and
hold moneys, or property in trust, or on deposit from ex-
ecutors, administrators, assignees, guardians, trustees, cor-
porations or individuals upon such terms and conditions as
may be agreed upon between the parties. (R. S. Sec.
38214.)
SECTION 9820. All moneys or properties received in
trust by such companies, unless by the terms of the trust
some other mode of investment is prescribed, together with
the capital of the company, shall be loaned on or invested
only in the authorized loans of the United States,, or of the
State of Ohio, or cities, counties, or villages of this state,
or the stocks or bonds of any state in the Union that for
five years previous to such investment being made, regularly
has paid the interest on its legal bonded debt in lawful
money of the United States, or cities, counties or villages
of such states, which so paid the interest on their legal
See se
:
al
bonded debts, or stocks of national banks organized within
this state, or the first mortgage bonds of a railroad com-.
pany within the states above named, which earned and paid
regular dividends on its stock for five years next preceding
such loan, or investment, or first mortgages on real estate
in this state or of individuals with a sufficient pledge of
any of such securities, or they maybe loaned to this state,
or to a county, city or village therein. (R. S. Sec. 38214.)
Section 9821. No loan shall be made, directly or in-
directly, to an officer, employe, or trustee of such a com-
pany, and not more than ten per cent of its capital may be
invested in one security or loan, except in providing a
building and vaults. Real estate not needed by such com-
panies for the transaction of their business, which is ac-
quired by foreclosure of mortgage or by levy of execution,
shall be offered for sale, and if practicable be sold within
two years after it is so acquired. (R. S. Sec. 38212.)
SECTION 9822. Safe deposit and trust companies or-
ganized, or doing business under the laws of this state, in
addition to the powers heretofore conferred upon such
corporations, in addition to the investments hereinbefore
authorized, may loan and invest the funds, moneys and
property owned or received by such companies respectively
and to the respective amounts to which they are limited in
other loans and investments, in legally authorized first mort-
gage bonds of steamship companies. Such mortgage shall
be upon steel steamships or steamships for the carriage of
freight,or package, freight and passengers combined upon
the great lakes and connecting waters, of at least five thou-
sand tons carrying capacity, each. Such bonds shall be
issued at the time of the completion and enrollment of the
steamship or steamships, or within five years thereafter.
The mortgage by express terms shall state that at least ten
per cent of the total issue of such bonds shall be retired,
annually, beginning within two years from the date thereof,
and the mortgage liability against such property shall not
exceed one-half of its actual cost. (R. S. Sec. 3821aa.)
SECTION 9823. The terms of such mortgage shall
specifically state that the mortgagor shall not suffer any
steamships so mortgaged to be indebted at any time in an
amount in the aggregate exceeding five per cent of its
actual cost, and that the failure of the mortgagor forthwith
to procure the release of mechanics’, laborers’, admiralty,
statutory or other liens, claims or charges against such
steamship, shall constitute a default in the provisions of the
mortgage. (R. S. Sec. 382142.)
SECTION 9824. The trustees of such mortgage shall
be required to protect such lien by attending to the record-
ing thereof, and causing the property covered to be insured
against all risks on vessel property ordinarily covered by
Limit on
loans or
investments,
Investments in
first mortgage
bonds of
steamship
companies.
Terms of the
mortgage.
Insurance of
property
mortgaged.
Accounts of
trust money
to be kept
separate.
Trust depart-
ment.
Must maintain
reserve of
fifteen per
cent.
May be ap-
pointed
trustee.
Capital held
ap security.
42
such insurance, including marine risks and disasters gen-
eral and particular average, collision, liability, protection
and indemnity insurance, and insurance against liability for
injuries to persons in insurance companies, and under forms
of policies approved by the trustees for an amount equal
to the full insurance value of such steamship or steamships.
Such insurance shall be made with loss payable to the trus-
tee and the policies deposited with him. (R. S. Sec.
3821 aa. )
SECTION 9825.
shall constitute a deposit in the trust department, and the
accounts thereof shall be kept separate, and such funds and
the investemnt or loans of them be especially appropriated
to the security and payment of all- such deposits, and not
subject to other liabilities of the company. (R. S. Sec.
382Tb.)
SECTION 9826. For the purpose of securing the ob-
servance of the preceding section, such companies shall
have a trust department in which all business pertaining
to such trust property shall be kept separate and distinct.
from its general business.
CRI Si Seen362rp.)
SECTION 9827. Such a company shall keep on hand in
lawful money of the United States as a reserve, an amount
equal to fifteen per cent of all deposits, payable’on demand
or within ten days. When such reserve is below such per
cent of such deposits, the company shall not make new
loans, nor pay a dividend of its profits until the required
proportion between the aggregate amount of its deposits
and reserve is restored. But clearing house certificates
representing specie or lawful money specially deposited in
the vault of such company or the United States sub-treas-
ury for the purpose of a clearing house association of
which it is a member, may be recorded as a part not ex-
ceeding one-third of such reserve, if one other third of
such fifteen per cent consists of bonds of the United. States
or this state, the absolute property of the company, and
the remaining third of such fifteen per cént is in lawful
money of the United States. (R..S. Sec. 382rb.)
SECTION 9828. Such company may be appointed trustee
under any will or, instrument creating a trust for the care
and management of property, under the circumstances, in
the manner, and subject to the control by the court having
jurisdiction thereof, as in the case of a legally qualified
petsdy. TURKS: Sec. 382 1b.)
__ SECTION 9829. The capital stock of such company,
with the liabilities of the stockholders existing thereunder,
shall be held as security for the faithful discharge of the -
duties undertaken by virtue of the foregoing and following
provisions, and surety shall be required upon the bonds
filed by the company, as in other cases. (R. S. Sec. 3821b.)
All money or pee held in trust
£
:
f
43
SEcTION 9830. In proceedings in the probate court,
or elsewhere, connected with any authority exercised under
such provisions, all accounts, returns and other papers may
be signed and sworn to in behalf of such company by an
officer thereof duly authorized by it. The answers and ex-
amination under oath, of such officer, shall be received as
the answers and examination of the company. The court
may order and compel any of its officers to answer and
attend such examinations as if they were parties to the pro-
ceedings or inquiry, instead of such company. Such a com-
pany shall not be required to receive or hold property or
“moneys, or to execute a trust contrary to its own desire.
Ciao. ec. 382th.)
Srction 9831. In the management of money and prop-
erty held by it as trustee, under the powers conferred by
law, such company shall invest such money and: property
in a general trust fund of the company. But it shall be
- competent for the authority making the appointment, upon
conferring it to direct whether such money and property
shall be held separately or invested in a general trust fund
of the company. The company always shall follow and be
entirely governed by the directions contained in any will or
_ instrument under which it acts. (R. S. Sec. 3821b.)
SECTION 9832. No money, property or securities re-
ceived or held by such a company under the provisions of
law establishing~a trust department, shall be mingled with
the investments of the capital stock or other moneys or
property belonging to it, or be liable for its debts or obliga-
etions. (R. S. Sec. 3821b.)
SECTION 9833. Each stockholder of such company
~ shall be held individually liable for all contracts, debts and
engagements thereof, to the extent of unpaid dues on the
shares of stock by him or her owned. (Const. Art. XIII,
Memes cS. oec. 382rb. ) eas:
SECTION 9834. Within six months after the incorpora-
tion of such company, its trustees must notify the auditor
of state of the date of the organization. Within ten days
after the annual meeting thereof in each year, under oath,
such trustees shall make a complete statement of the con-
dition of the company, in which they shall specify the
different kinds of its liabilities, and assets, stating the
amount of each kind, which statement shall be filed with
the auditor of state, and published in his annual report.
The trustees also shall publish it in a newspaper of general
circulation in the county in which the principal office of the
company is located. (R. S. Sec. 3821.)
SEcTION 9835. Such auditor, at any time, through an
expert appointed by him, may make a full examination of
the affairs and condition of every such company. (R. S.
Sec. 3821b.)
How papers
executed.
How ‘money
held in trust
invested.
Trust money
not mingled
or held for
debts.
Liability of
stockholders.
Trustees must
notify auditor
of organiza-
tion.
Auditor may
examine
affairs at
any time.
By-laws;
dividends.
Stock to be
paid up.
Increase of
capital stock.
Assignment
and transfer
of stock.
Loans and
investments
in stock.
Limit of
investment
or loan.
. 44
SECTION 9836. By their by-laws, as often as they deem
proper, the trustees of such company may make and declare
dividends of its profits after paying its expenses and setting
aside the reserve hereinbefore required, and such other
amount as they deem advisable wherewith to meet any con-
tingency in its business. The dividends authorized herein
shall be payable to the shareholders within twenty days
after the time they are so declared. (R. S. Sec. 3821b.)
SECTION 9837. No such company shall begin business
until all of its authorized capital has been paid up in cash.
CREsoe 6c abet)
SEcTION 9838. A safe deposit and trust company may
increase its capital stock as provided by sections eighty-six
hundred and ninety-eight and eighty-six hundred and ninety-
nine with respect to corporations for profit, and in case of
such increase, either by preferred or common stock, its
board of directors may sell such increase, or additional
stock, at such price, not less than par, as they deem best
and to the company’s interest. (R. S. Sec. 3821b.)
Srcrion 9839. The stockholders of such company may
provide and determine conditions upon which its shares of
stock shall be assignable and transferable, and they shall
be assignable and transferable according to the rules, reg-
ulations, and on such conditions as the stockholders for
that purpose make and establish, and not otherwise. (R. 5S.
Sec. 3821b.)
‘ SecTION 9840. Any safe deposit and trust company
duly organized and exclusively engaged in the business of
a safe deposit and trust company, may loan or invest moneys
or properties received in trust by it together with its cap-
ital, in the following securities, in addition to those now
authorized by law: The stocks of gas light and coke com-
panies, gas companies, gas and electric light companies, or
stocks of street railway companies which have paid regular
dividends thereon for five years next preceding such loan
or investment, and are located in the county in which such
safe deposit and trust company is located, or in which it
has its principal office. (R. S. Sec. 3821¢.)
SEcTION 9841. But no investment of moneys or prop-
erties held in trust by such company, or investment of any
part of its capital shall be made in the stock of a gas light
and coke company, gas company, gas and electric light com-
pany, or street railway company, unless authorized by its
board of directors by resolution entered upon its minutes.
Not more than ten per cent. of the capital of a safe deposit
and trust company shall be invested or loaned in any one
security or loan. (R. S. Sec. 3821g.)
OT ee ee aT ae
45
COMBINATION OR CONSOLIDATION OF SAFE
DEPOSIT AND TRUST ‘COMPANIES,
AND SAVINGS AND LOAN
ASSOCIATIONS.
SECTION 9842. Any company now incorporated under
the laws of this state, as a savings and loan association,
with a paid up capital stock of not less than two hundred
thousand dollars, and doing business in Ohio, or any com-
pany heretofore so organized as a safe deposit and trust
company, also may engage in business as a safe deposit
and trust company, under and in accordance with the pro-
visions governing safe deposit and trust companies. (R. S.
Sec. 3821gg.)
SECTION 9843. But no such company shall engage in
business as a safe deposit and trust company, until the
holders of at least two-thirds in amount, of its capital stock
vote in favor of so doing, at a meeting of the stockholders
called for the purpose of considering that question. If such
stockholders vote in favor of a resolution to engage in
business as a safe deposit and trust company, as provided
herein, the president and secretary of such corporation
shall make a certificate under its seal, showing the action
ofthe stockholders, the number of shares voted in favor
of the proposition, and file it in the office of the secretary
of state. Thereupon such corporation shall possess the
powers, and be subject to the regulations, obligations, lia-
bilities and conditions which safe deposit and trust com-
panies have and are subject to, under the law of their
creation. (R. S. Sec. 382I1gg.)
SECTION 9844. Any corporation organized to exercise
the powers granted to savings and loan associations or to
safe deposit and trust companies, when not less than one-
fourth of the capital stock of each is held by the same per-
sons, and their boards of directors, or trustees are composed
in whole or in part of the same persons, may consolidate
themselves into a single corporation under a name and on
such terms as is approved by not less than two-thirds of
the stockholders of each company. (95 v. 531 P. 1.)
SECTION 9845. The proceedings to effect such consoli-
dation shall be the same as those provided by law for the
consolidation of railroad companies. (95 v. 531 P. 2.)
SEcTION 9846. When the agreement of consolidation
is so made and perfected and it or a copy thereof, is filed
in the office of the’ secretary of state, the companies, parties
thereto, shall be held and taken to be one company possess-
ing all the rights, privileges, powers and franchises of the
several companies, but subject to the provisions of law
relating to the different branches of business of such new
What com-
panies may
exercise pow-
ers of safe
deposit and
trust com-
panies,
Consent of
stockholders;
certificate.
Consolidation
of companies.
Proceedings.
Status of com-
panies after
consolidation.
’ Officers; title
to property.
Right of
creditors.
When fees
need not be
paid.
Powers of
such com-
panies.
Capital
required;
deposit.
46
company, as though conducted by separate companies. (95
V-gate le se)
Section 9847. The directors and other officers named
in the agreement of consolidation shall serve until the first
annual election, the time for which shall be named in the
agreement. On filing such agreement or of such copy, all
and singular the property, and rights of every kind of the ©
several companies shall thereby be transferred to and vested
in such new company, and be as fully its property as they
were of the companies parties to such agreement. (95 v.
Xe tte
SecTION 9848. The rights of creditors shall be pre-
served unimpaired and the respective companies deemed to
be in existence to preserve them. Debts, liabilities and
duties of either of such companies thenceforth shall attach
to the new company and be enforced against it as if they
had been contracted by it. (95 v. 531 P. 4.)
Section 9849. When the articles of the constituent
companies are filed at the same time, by the same incor-
porators, and the capital stock named in the agreement of
consolidation does not exceed the sum of the capital stocks
of the constituent companies the provisions of law as to
fees for filing them shall not apply, if the fees were duly
paid by the constituent companies and the agreement of
consolidation be filed within two years after the creation
of such companies. (95 v. 531 P. 5.)
TITLE GUARANTEE AND TRUST COMPANIES.
SEcTION 9850. A title guanatee and trust company
may prepare and furnish abstracts and certificates of title
to real estate, bonds, mortgages and other securities, and
guarantee such titles, the validity and due execution of —
such securities, and the performance of contracts incident
thereto, make loans for itself or as agent or trustee for
others, and guarantee the collection of interest and prin-
cipal of such loans; take charge of and sell, mortgage,
rent or otherwise dispose of real estate for others, and
perform all the duties of an agent relative to property
deeded or otherwise entrusted to it. (R. S. Sec. 382I1ggg.)
Section 9851. No such company shall do business
until its capital stock amounts to at least one hundred
thousand dollars fully paid up, and until it has deposited
with the treasurer of state fifty thousand dollars in securi-
ties permitted by sections ninety-five hundred and eighteen
and ninety-five hundred and nineteen. Except such de-
posit, the capital shall be invested as the board of directors.
of such company prescribes. (R. S. Sec. 3821ggg.)
rs
_- . SECTION 9852.
fund or securities deposited with him as security for the 4
47
The treasurer of state shall hold such
faithful performance of all guanantees entered into by such
company, but so long as it continues solvent he shall per-
mit it to collect the interest of, or dividends on, its securi-
_ ties so deposited, and to withdraw them or any part thereof,
on depositing with him cash or other securities of the kind
heretofore named so as to maintain the value of such de-
posit at fifty thousand dollars. (R.S. Sec. 3821ggg.)
SECTION 9853. Any company so organized shall be
limited in its operation to only one county in this state,
which shall be designated in its application for a charter,
except, that if it desires to issue its policies of title insur-
ance in more than one county it may issue them in such
other county or counties upon depositing with the treasurer
of state an additional sum of fifty thousand dollars in
securities as above provided, for each additional county in
which it proposes to operate. (R. S. Sec. 3821 g¢¢. )
SECTION 9854. If such a company has made deposits
_ with the treasurer of state as herein required, it may request
such treasurer to return to it securities in excess of the
amount so required, and he shall surrender such excess to
the company, taking proper receipts therefor. (R. S. Sec.
3821gg8. )
SecTION 9855. All companies doing the business of
guaranteeing titles to real property shall comply with and
_ be governed by the foregoing provisions relating thereto.
But such companies heretofore organized and doing busi
ness thereunder, may continue business without prejudice
to any rights thereby acquired or obligations incurred. (R
S. Sec. 3821ggg.)
SECTION 9856. Title guanantee and trust companies
shall make such reports to the auditor of the state as are re-
quired of safe deposit and trust companies and be subject
to like examinations and penalties. (R. S. Sec. 3821ggg.)
TRUST COMPANIES.
SEcTION 9774. A trust company may purchase, lease,
hold and convey real estate, exclusive of trust property, for
the purpose and in the manner provided by this chapter as
(a \i ella
¥ \
to commercial banks, and subject to like restrictions and
limitations. (99 v. 284 Sec. 66.)
SECTION 9775. Trust companies shall have the same
powers in the acceptance and execution of trusts which are
now conferred upon them by statute. (99 v. 284 Sec. 67.)
How deposit
eld.
Operation
limited to
one county;
exception.
Treasurer to
surrender sur-
plus deposits.
Laws by which
such com
panies gov-
erned.
Reports.
What real
estate may
be held.
Powers.
Deposit of
court funds.
Liability of
capital and
property.
Additional
securities,
Deposits with
treasurer of
State.
When trust
deed or mort-
gage void.
48
SECTION 9776. Any court in this state, including pro-
bate courts, by order, decree or otherwise, may direct
moneys or properties under its control, or paid into court
by parties to any action or legal proceedings, or which are
brought into court by reason of an order, judgment, decree
in equity, or otherwise, to be deposited with such trust com-
pany as the court designates, upon such terms and subject
to such restrictions as may be deemed expedient. (99 v.
284 Sec 68.) .
SECTION 9777. The capital of such corporation, with
all its property and effects, shall be absolutely liable in case
of default in any of such trust positions. The probate or
other court committing a trust to the custody of such corpo-
ration, whenever it deems proper, may require additional
security in any amount necessary. (99 v. 284 Sec. 69.)
SEcTION 9778. No such corporation either foreign or
domestic shall accept trusts which may be vested in, trans-
ferred or committed to it by an individual, or court, until
its paid-in capital is at least one hundred thousand dollars,
and until such corporation has deposited with the treasurer
of state in cash fifty thousand dollars if its capital is two
hundred thousand dollars or less, and one hundred thousand
dollars if its capital is more than two hundred thousand dol-
lars, except that, the full amount of such deposit by such
corporation may be in bonds of the United States, or of this
state, or any municipality or county therein, or in any other
state, or in the first mortgage bonds of any railroad corpo-
ration that for five years last past paid dividends of at least
three per cent. on its common stock. (99 v. 284 Sec. 69.)
SEcTION’ 9779. The treasurer of state shall hold such
fund or securities deposited with him as security for the
faithful performance of the trusts assumed by such corpora-
tion, but so long as it continues solvent he shall permit it to
collect the interest on its securities so deposited. From time
to time said treasurer shall permit withdrawals of such
securities or cash, or part thereof, on the deposit with him
of cash, or other securities of the kind heretofore named, so
as to maintain the value of such deposit as herein provided.
(99 v. 284 Sec. 69.)
SECTION 9780. No such corporation, foreign or do-
mestic, authorized to accept and execute trusts, either di-
rectly or indirectly through any officer, agent or employe
thereof, shall certify to any bond, note or other obligation”
to evidence debt, secured by any trust, deed or mortgage
upon, or accept any trust concerning property located wholly
or in part in this state without complying with the pro-
visions of this and the two preceding sections. Any trust,
deed or mortgage given or taken in violation of the pro-
visions thereof shall be null and void. (99 v. 284 Sec. 69.)
49
SEcTION 9781. Moneys or properties received on de-
posits or in trust by such corporation, unless by the terms
of the trust some other mode of investment is prescribed,
together with its capital and surplus, excepting such as is
required to be kept as a reserve, shall be invested in or
loaned only on the following:
a. The securities mentioned in paragraphs J, c, d, e, f
of section ninety-seven hundred and fifty-eight, subject to
the limitations and restrictions contained in said para-
graphs, except that trust companies shall not loan more
than sixty per cent. of the amount of their paid-in capital,
surplus and deposits on notes secured by mortgage on real
estate ;
b. Stocks, which have paid dividends for five consecu-
tive years next prior to the investment, and bonds of corpo-
rations when they are authorized by the affirmative vote of
the majority of the board of directors or of the executive
committee of such trust company; but the superintendent
of banks may order that any such securities which he deems
undesirable shall be sold within six months;
c. Promissory notes of individuals, firms, or corpora-
tions, when secured by a sufficient pledge of collateral, ap-
proved by the directors, subject to the provisions of sections
ninety-seven hundred and fifty-four and ninety-seven hun-
dred and fifty-five. (99 v. 285 Sec. 70.)
SECTION 9782. All moneys or properties received in
trust by such company, unless by the terms of the trust
some other mode of investment is prescribed, together with
the capital and surplus of such corporation, also may be
invested in ground rents, when authorized by a vote of the
board of directors. (99 v. 285 Sec. 70.)
SECTION 9783. Not more than twenty per cent. of the
capital and surplus of any such corporation shall be in-
vested in any one security or loan unless it be in bonds or
other interest bearing obligations enumerated in paragraphs
b, c and d of section ninety-seven hundred and fifty-eight,
or in providing a building and vaults. (99 v. 285 Sec. 70.)
SECTION 9784. No investment in notes secured by
mortgage on real estate shall be made by such corporation
except upon the approval of the board of directors. (99
B.2e5 ec, 71.)
SECTION 9785. No trust company shall lend any part
of its capital or surplus unless such loan be secured by
bonds or stocks as collateral in which it is allowed to invest
its capital, or by mortgage on real estate, where the amount
loaned inclusive of prior incumbrances thereon does not ex-
ceed sixty per cent. of the value of the real estate, icluding
improvements, which shall be kept adequately insured; nor
4 B. & B.
How funds
invested.
Ground rents.
Limitation on
investments.
.
Real estate.
Loans, how
secured.
Trust depart-
ment.
Reserve not
applicable to
trust funds.
General trust
fund.
Trust depart:
ment not
liable for
other debts.
Board of de-
posit officers, _
Evidence.
50
shall such corporation lend to any one person, firm, associa-
tion or corporation more than-twenty per cent. of its paid-in
capital and surplus. (99 v. 286 Sec. 72.)
SEcTION 9786. All moneys or property held in trust
shall constitute a deposit in the trust department, and the
accounts and investments thereof shall be kept separate.
Such investments or loans shall be especially appropriated to
the security and payment of all such deposits, and not be
subject to any other liabilities of the corporation. For the
purpose of securing the observance of these requirements,
it shall have a trust department in which all business per-
taining to such trust property shall be kept distinct from its
general business. (99 v. 286 Sec. 73.)
SECTION 9787. Trust companies shall keep the same
reserve as is required of savings banks, but they shall not
be required to keep a reserve on trust funds. When the
reserve of a trust company falls below the amount required,
it shall be governed by the provisions of section ninety-seven
hundred and sixty. This section does not apply to money
or property held in trust. (99 v. 286 Sec. 75.)
SECTION 9788. In the management of money and prop-
erty held by it as trustee, under the powers conferred in the >
foregoing sections, such trust company may invest them in
a general trust fund of the corporation, But the authority
making the appointment, upon the conferring of it, may
direct whether such money and property shall be held sepa-
rately or invested in a general trust fund of the corporation ;
except that such corporation always shall follow and be gov-
erned by all directions contained in any instrument under
which it acts. (99 v. 286 Sec. 76.)-
SECTION 9789. No money, property or securities re-
ceived or held by such corporation under this chapter,
establishing a trust department, shall be mingled with the
investments of the capital stock or other moneys or prop-
erty belonging to it, or be liable for its debts or obligations.
(99 v. 286 Sec. 76.)
DEPOSITORY LAWS,
_ _ SECTION 321. There shall be a board of deposit, con-
sisting of the treasurer of state, superintendent of banks
and attorney general, which officers shall perform the duties
herein prescribed. The treasurer shall be chairman of
said board. The cashier of the state treasury shall be the
secretary to the board and shall keep its records. A duly
certified copy of such records shall be prima facie evidence
of the matter appearing therein in any court of record.
(1o2°y.' 33 Secnw,)
a ae
51 :
SECTION 322. . The necessary expenses of the board
of deposit for books, stationery, printing and postage shall
be paid from the state treasury from a fund appropriated
for that purpose upon the order of the board certified by
the chairman and secretary; but such expenses shall not
exceed $1,000.00 in any one year. (102 v. 33, Sec. 2.)
SECTION 323. It shall be the duty of said board to
meet on the first Monday in April, 1911, and every two
years thereafter, or as often as is necessary at the call of
the chairman, after this bill becomes operative, and desig-
-nate such national banks within the state and banks and
trust companies doing business within this state, and in-
corporated under the laws thereof as the board deems
eligible to be made state depositories. (102 v. 33 Sec. 3.)
SECTION 324. Application of banks and trust com-
panies to be made a state depository for the deposit of
moneys of the state shall be made in writing and be filed
with the chairman of the board of deposit. Such applica-
tion shall contain a sworn statement showing the financial
condition of the bank or trust company at the date of the
application. Such application shall also specify the kind
of bond or bonds it will furnish as security. (102 v. 33
Sec. 4.)
SECTION 325. Applications of banks and trust com-
panies shall be carefully considered by the board of deposit
and its action on each application considered shall be en-
dorsed thereon by the words “Approved” or “Rejected”
-and signed by each member of the board or a majority
thereof. A bank or trust. company whose application has
been considered by the board and approved as herein pro-
vided shall be eligible to be a state depository. (102 v. 33
pec. S.)
=
SECTION 326. Treasurer of state shall not keep at any
one time more than fifty thousand dollars ($50,000.00) as
a reserve in the treasury vault, and all other moneys of the
state shall be deposited as hereinafter provided. (102 v.
#33 mec: 6.)
SECTION 327. There shall be two classes of deposi-
tories; one shall be known as active depositories and the
other as inactive depositories. The treasurer of state may
designate one or more banks or trust companies, or either
of them located in Columbus, Ohio, eligible under the pro-
visions of this act as active depositories; money deposited
in the inactive depositories shall be used when money in
the active depositories shall not be sufficient. (102 v. 33
pec. 7.)
SECTION 328. All awards for the deposit of state
funds shall be made upon competitive bidding; bids shall
be received by the treasurer of state every two years, be-
Expenses;
how paid.
Meetings;
designation
of deposi-
tories.
‘Applications.
Action of
board.
Reserve in
treasury.
Active and
inactive .
depositories.
Competitive
bidding.
Bids opened
in public.
Award.
Duty of
treasurer.
Limitation
on deposits.
Withdrawals.
Securities
specified.
52
ginning between one o’clock p, m. on the first Monday in
March and closing at one o’clock p. m. on the Third Monday
in March, 1911, and every two years thereafter. (102 v.
33 sec. &:)
Section 329. Each bid shall state whether it is for
an active or inactive deposit, amount bid for and rate of
interest, and must be accompanied by an application and
shall be sealed and plainly marked on the outside “BID
FOR DEPOSIT.” Beginning at one o’clock p. m. on the
third Monday in March of each bidding period the bids
shall be opened by the treasurer of state at his office in the
presence of the public; all bids shall be preserved and be
open to public inspection at all times. (102 v. 33 Sec. 9.)
SECTION 320-I. ‘Evidence of a combination among
bidders shall be deemed just cause for the rejection of any
or all bids. (102 v. 33 Sec. 10.)
SECTION 330. After bids have been opened the treas-
urer of state shall on or before the first Monday in April
of each bidding period award the state funds to the high-
est bidders. The treasurer of state shall deposit the state
funds in such banks and trust companies after such applica-
tions have been approved by the board of deposit. Should
additional state funds become available at any time during
the two years or until the next bidding period, it shall
be awarded to the highest bidders; first to the banks and
trust companies from which deposits have been withdrawn
to meet obligations of the state, second to those who failed
to receive the full amount of their original award, and
then the next highest bidders. (102 v. 33 Sec. II.)
SECTION 330-1. No bank or trust company shall have
on deposit at any one time more than its paid in capital
stock and in no event more than three hundred thousand
dollars ($300,000.00) as an inactive deposit. (102 v. 33
Seaaur2>)
SECTION 330-2.. The treasurer of state may withdraw
any or all of the state funds on deposit for the purpose of
paying the appropriations and the obligations of the state;
when necessary to withdraw funds from the inactive de-
positories it shall be withdrawn from the banks and trust
companies paying the lowest rates of interest and in pro-
pore amounts as near as practicable. (102 v. 33 Sec. —
Ls,
SECTION 330-3. The treasurer of state before making
such deposits shall require that each and every approved —
bank or trust company to deposit with him United States
government bonds, bonds of this state, county. township, —
school district, road district, or municipal bonds of this
~
ee
ca
53
state at not less than their par value, in an amount equal
to the amount of money to be deposited with such banks or
trust companies, or surety company bonds, which when
executed shall be for an amount equal to the amount de-
posited plus 5 per cent, conditional for the receipt and
safe keeping and payment over to the treasurer of state or
his written order of all moneys which may come into the
custody of such bank, or trust company under and by
virtue of this act, and the interest thereon when paid shall
be turned over to the bank or trust company so long as it
is not in default. And further, said bonds so given shall
include a special obligation to settle with and pay to the
treasurer of state for the use of the state interest upon
daily balances on said deposit or deposits, at the rate bid
for, but not less than 3 per cent. per annum for inactive
deposits and 2 per cent per annum for active deposits (on
a 305 day basis) payable quarterly on the first Monday of
February, May, August and November of each year, or any
time when withdrawals are made or the account is closed.
(1627.23 Sec. 14, )
SECTION 330-4. Said banks and trust companies shall
also file with the treasurer of state demand certificates of
deposit in an amount equal to the total amount of the de-
posit and specify rate of interest to be paid. Said certifi-
cates shall be signed by the cashier or a duly authorized
officer of said bank or trust company. (102 v. 33 Sec. 15.)
SECTION 330-5. All surety company bonds and certifi-
cates of deposit shall be made out on blank forms furnished
by the treasurer of state. Said blank forms shall be ap-
proved by the attorney-general. (102 v. 33 Sec. 16.)
SECTION 330-6. If, on demand or order of the treas-
urer of state, a state depository fails or refuses to pay over
the deposit, or any part thereof made therein as provided
by law, the treasurer of state shall sell at public sale any or
all of the bonds deposited with him as collateral security
for such deposits. Thirty days’ notice of such sale shall
be given in a newspaper published and of general circulation
at the seat of government. Surety bonds shall contain a
clause obligating said surety company to pay and settle with
the state the amount due in full including interest within
sixty days after notice is given. (102 v. 33 Sec. 17.)
_ SECTION 330-7. When a sale of bonds has been made
by the treasurer of state, and upon payment to him of the
purchase money, the chairman and secretary of the board
of deposit shall transfer such bonds whereupon the abso-
lute ownership of the bonds shall pass to the purchasers
thereof. Any surplus remaining after deducting the amount
due the state and expenses of sale shall be paid to the bank
or trust company making the deposit. (102 v. 33 Sec. 18.)
Interest on
daily balances.
Payable. quar-
terly.
Demand
certificates.
Blank forms.
Sale of securi-
ties; when.
Notice.
Transfer of
bonds.
Title.
Surplus.
Non-liability
of treasurer.
Records and
accounts. ~
Daily ‘state-
ment to audi-
tor of state.
Surety.
Active and
inactive de-
positaries.
Commissioners
to designate;
when.
54
Section 330-8. The treasurer of state shall not be
personally liable for moneys lost by reason of the failure or
insolvency of a bank or trust company selected as a state
depository in accordance with law. (102 v. 33 Sec. 19.)
SECTION 330-9. The treasurer of state shall keep in
his office a record showing an account with each depository,
both active and inactive, under which, entry shall be made
showing the amounts of each deposit, the date of each, the
rate of interest and withdrawals, the date thereof and the
balance on deposit. Each such account to show the date
and amount of interest received during each paying period.
(102 ¥ 33, Sec. 20.)
SECTION 330-10. The treasurer of state shall make out
and transmit daily to the auditor of state a statement of the
condition of all moneys in his hands and under his control
of each day’s business, and a copy. thereof shall be trans-
mitted at the same time to the governor. Such statement
required shall show the amount in the inactive account, the
amount in the active account, the amount of cash on hand,
which shall include the amount in checks, drafts, post-
office orders and other evidences of money and also the
total of such items. . (102 v. 33 Sec. 21.)
SECTION 330-11. No person engaged or interested in
the banking business as stockholder or otherwise shall be
accepted or approved as surety on the bond of the treasurer
of state. If said officer gives a surety company bond the
annual premium, or premiums accruing thereon after the
passage of this act shall be paid out of the funds in his ©
hands on the approval of the governor, and there shall be
appropriated out of any money in the state treasury to the
credit of the general revenue fund not otherwise appro-
priated, but the amount shall not exceed eighteen hundred
$1,800.00) dollars in any one year. (102 v. 33 Sec. 22.)
_ SECTION 2715. The commissioners in each county shall
designate in the manner hereinafter provided a bank or
banks or trust companies, situated in the county and duly
incorporated under the laws Of this state, or organized
under the laws of the United States, as inactive depositaries,
and one or more of such banks or trust companies located
in the county seat as active depositaries of the money of the
county. In a county where such bank or trust company
does not exist or fails to bid as provided herein, or to com-
ply with the conditions of this chapter relating to county
depositaries, the commissioners shall designate a private
bank or banks, located in the county as such inactive de-
positaries, and if in such county no such private bank exists
or fails to bid as provided herein, or to comply with the
conditions of this chapter relating to county depositaries,
then the commissioners shall designate any other bank or
banks incorporated under the laws of this state, or organized
under the laws of the United States, as such inactive deposi-
55
taries. If there be no such bank or trust company incorpo-
rated under the laws of the state, or organized under the
laws of the United States, located at the county seat, then
the commissioners shall designate a private bank, if there
be one located therein, as such active depositary. No bank
or trust company shall receive a larger deposit than one
million dollars. (102 v. 59.)
SECTION 2715-1. The deposits in active depositaries, as
provided for in the next preceding section shall at all times
be subject to draft for the purpose of meeting the current
expenses of the county. The deposits in inactive deposi-
taries shall remain until such time as the county treasurer is
obliged to withdraw a portion or all of the same and place
it in the active depositary or depositaries for current use.
Each bank or trust company, when submitting proposals as
provided in section 2716 for the inactive deposits, shall
stipulate the amount of money desired by such bank or trust
company; and when the aggregate amount placed with all
the banks and trust companies, qualifying for same, in any
county, does not equal the amount that may be placed into
inactive depositaries the county commissioners shall, upon
securing sufficient additional security from any or all of
such inactive depositaries authorize the county treasurer
to increase the deposits therein; or such county commis-
sioners shall in the manner herein provided designate a bank
or banks or trust companies, located outside of the county
in which the county treasurer shall deposit such excess
funds. (102 v. 59.)
SECTION 2716. When the commissioners of a county
provide such depositary, or depositaries, they shall publish
for two consecutive weeks in two newspapers of opposite
politics and of general circulation in the county a notice
which shall invite sealed proposals from all banks or trust
companies within the provisions of the next two preceding
sections, which proposals shall stipulate the rate of interest,
not less than two per cent’per annum on the average daily
balance, on inactive deposits, and not less than one per cent.
per annum on the average daily balance on active deposits,
that will be paid for the use of the money of the county,
as herein provided. Each proposal shall contain the names
of the sureties or securities, or both, that will be offered to
the county in case the proposal is accepted. (102 v. 60.)
SECTION 2717, At the hour of twelve o’clock noon on
_ the Monday next following the last insertion of such notice,
paca po
the commissioners in open session shall open the sealed pro-
posals and award the use of such money to the bank or
banks or trust companies that offer the highest rate of in-
terest therefor on the average daily balance, provided proper
sureties, securities or both, are tendered in the proposal.
(98 v. 274 Sec. 3.)
Limitation.
Time. to
remain.
Increase de-
posits; addi-
tional security.
Publication
inviting sealed
proposals.
Rate on
deposits.
Opening of
proposals
and award.
When funds
may: be’,
awarded to
other bidders.
Funds,
may be
apportioned
among high-
est bidders.
Expenses and
risks of de-
posits outside
county seat.
Re-advertise-
ment; what to
contain.
When award
not binding.
What sureties
required.
50
Section 2718. If, on account of the large amount of
money to be deposited, the highest bidder is not entitled to
all the funds of the county, the commissioners, after ac-
cording to the highest bidder all to which it is entitled,
shall award the balance to the next highest bidder or bid-
ders respectively. (98 v. 274 Sec. I.)
SECTION 2719. If two or more banks offer the same
highest rate of interest with proper sureties, securities, or
both, the use of the money shall be awarded to either of
them, or the commissioners may award a portion of such
money to each of such banks or trust companies. (98 v.
274 SEC 3.)
SECTION 2720. If the award shall be to a bank or
banks or trust companies outside the municipality at which
the county seat is fixed,'the expenses and risks of making
deposits therein by the county treasurer as hereinafter’ pro-
vided, shall be borne by such bank or banks or trust com-
panies. (98 v. 274 Sec. 3.)
SECTION 2721. If no proposals are received offering
the rate of interest hereinafter prescribed, the commission-
ers shall at once again advertise in the same manner until
acceptable proposals are received. Each subsequent ad-
vertisement shall also state whether any proposal was re-
ceived under the preceding advertisement, and, if any, the
bank or banks or trust companies and the rate of interest
offered. (98 v. 274 Sec. 3.)
SECTION 2722. No award shall be binding on the
county nor shall money of the county be deposited there-
under until the hypothecation of the securities hereinafter
provided, or until there is executed by the bank or banks
or trust companies so selected and accepted a good and
sufficient undertaking, payable to the county, in such sum:
as the commissioners direct, but not less than the sum that
shall be deposited in such depositary or depositaries at any
one time. (99 v. 465- Sec. 4.)
SECTION 2723. Such undertaking shall be signed by at
least six resident free-holders as sureties or by fidelity
or indemnity insurance company, authorized to do business
within the state and having not less than two hundred and
fifty thousand dollars capital, to the satisfaction of the com-
missioners, conditioned for the receipt, safe keeping and
payment over of all money with interest thereon at the rate
specified in the proposal, which may come under its custody
under and by virtue of this chapter and under and by virtue
of its proposal and the award of the commissioners, and
conditioned for the faithful performance by such bank or
banks or trust companies of all the duties imposed by law
upon the depositary or depositaries of the money of the
county. (99 v. 465 Sec. 4.)
~
—
|
ore
SECTION 2724. Such undertaking shall be continuous
and remain in full force as to any and all deposits secured
by it until surrendered or cancelled by ten days’ written
notice to the county commissioners, the county auditor and
county treasurer, each separately, given by a surety there-
under to withdraw the money of the county in such de-
positary. If the money of the county so deposited is paid
by such depositary to the county treasurer on his demand
within such ten days, or if it furnishes and substitutes new
and satisfactory undertaking or securities, as provided
herein, such surety shall be released from his obligation,
but not before. (99 v. 465 Sec. 4.)
\
SECTION 2725. No surrender or cancellation shall oper-
ate to relieve any surety or liability for deposits made be-
fore such notice was given, until such deposits are secured
to the satisfaction of the county commissioners by resolution
spread on their journal or until such deposits are returned
to the county treasury. No such surrender or cancellation
shall be accepted until satisfactory undertakings in the same
amount shall be substituted therefor. (99 v. 465 Sec. 4.)
SECTION 2726. An undertaking substantially as fol-
lows shall be sufficient: ‘We obligate ourselves to the
POUGINSOT. Core 25 ficae = , Ohio, for the receipt, safe keeping
and re-payment of deposits made or to be made by the
Pointy treasurer off: s. hes county, with interest in
1 efi 3 ae met Dank to thesamount Of ns ioc e ae
dollars and interest and the performance of all duties re-
quired by law.” Recovery of such bond shall be in name
of the county commissioners for the use of the county. No
informalities or failure of the depositary to sign such un-
dertaking shall impair it as a statutory undertaking and all
other matters may be treated as surplusage. The same
surety shall not be accepted on more than one undertaking
as to any one depositary at the same time. No fidelity and
indemnity insurance company shall be taken on any one
bond in excess of twenty per cent. of its paid-up capital
and surplus. By securing a deposit, a depositary shall be
obligated to return the amount thereof with interest irre-
spective of the value of securities or the amount of such
undertaking. (99 v. 465 Sec. 4.)
# SECTION 2727. Such undertaking shall not be accepted
by the commissioners until submitted to the prosecuting
attorney and certified by him to be in legal form, which
certificate shall be endorsed thereon. (98 v. 275 Sec. 5.)
SECTION 2728. If a bank or trust company to which an
award is so made fails to execute an undertaking or to
hypothecate bonds, as herein provided, within thirty days
of the time the award is made, the commissioners may award
the use of the money to any other bank or banks or trust
companies whose written proposal offers the same rate of
interest, as in the proposal of such defaulting bank or trust
How under-
taking shall
be cancelled.
Effect of sur-
render or can-
cellation.
Form and
effect of
undertaking.
Approval of
undertaking.
Proceedings
if bank fails
to give bond
or hypothecate
securities.
When and for
what term
bank becomes
depositary.
Additional
security; re-
moval of
deposits.
Temporary
depositary
shall give se-
curity and
bonds.
Securities
specified.
58
company. If no other bank or trust company offers such
rate of interest in its proposal, the commissioners may award
the use of such money to a bank or banks or trust com-
panies whose written proposal offers therefor the next high-
est rate of interest. In either case, the undertaking and
hypothecation shall be required to be executed. In case
of such default, the commissioner shall advertise for others
in the manner provided. (98 v. 275 Sec. 5. )
SECTION 2729. Upon the acceptance by the commis-
sioners of such undertaking, and upon the hypothecation of
the bonds as hereinafter provided, such bank or banks or
trust companies shall become the depositary or depositaries
of the money of the county and remain such for three years
or until the undertaking of its successor or successors is ac-
cepted by the commissioners. (98 v. 276 Sec. 6.)
SECTION, 2730. At any time they deem it necessary,
the commissioners may require additional securities from
the bank or banks or trust companies in such sum as they
designate. If for the period of five days: thereafter such
bank or banks or trust companies refuse or neglect to give
such additional securities, the commissioners may order the
removal of the county’s deposits therefrom to the county
treasury or designate some other bank or banks or trust
companies temporary depositary thereof at the same rate
of interest.
Such removal and other removals ordered by the com-
missioners under the provisions of this chapter relating to
county depositaries, shall be made upon their written order
and the check of the county treasurer after thirty days’
notice to such depositary. (98 v. 276 Sec. 6.)
SECTION 2731.
be deposited in a bank designated as a temporary deposi-
tary, before the receipt by it of any such money, such bank
or trust company shall enter into an undertaking and hy-
pothecate the bonds as required herein, If no bank or trust
company be so designated, the money shall be kept in the
county treasury and the commissioners shall at once create
a new depositary under this chapter. (98 v. 276 Sec. 6.)
SECTION 2732. In place of the undertaking provided
for herein, the commissioners may accept as security for
money so deposited the following securities:
_(a)_ Bonds or other interest bearing obligations of the
United States or those for the payment of principal and
interest of which the faith of the United States is pledged,
including bonds of the District of Columbia;
(b) Bonds of the state of Ohio;
(c) Legally issued bonds of any city, village, county,
township or other political sub-division of this state and
as to which there has heen no default of principal, interest
or coupons and which in the opinion of the treasurer are
If in case of such removal the money ™
|
;
,
|
:
~ +
- ment of the principal and interest of any of its bonds.
59
good and collectible, providing the issuing body politic has
not defaulted at any time since the year 1880 in the pay-
(IOI
Vv. 353-)
SECTION 2733. Deposits may be made in the deposi-
taries up to ninety per cent of the market value of such
securities. The county commissioners may accept such
Securities as partial security and require an undertaking for
the remainder of the full amount of security required by
law, and in such undertaking such acceptance and the extent
thereof shall be set forth. (99 v. 466 Sec. 7.)
SECTION 2734. The hypothecation of such securities
shall be the proper legal transfer thereof as collateral which
shall stipulate that such securities shall be the property of
the county in case of any default on the part of the bank
in its capacity as depository, and that the negotiation or
release thereof by the commissioners shall require the signa-
ture of at least two members of the board of county com-
missioners. (106 vy. 186.)
SECTION 2735. The county commissioners shall make
ample provision for the safe keeping of hypothecated se-
curities. The interest thereon, when paid, shall be turned
over to the bank or trust company so long as it is not in
default. The commissioners may make provisions for the
exchange and release of securities and the substitution of
other securities or of an undertaking thereof. (99 v. 466
mee s:7":)
SECTION 2736. Upon the receipt by the county treas-
urer of a written notice from the commissioners that a de-
positary, or depositaries, have been selected in pursuance
of law, and naming the bank or banks or trust companies
so selected, such treasurer shall deposit in such bank or
banks or trust companies as directed by the commissioners,
and designated as inactive depositaries to the credit of the
county all money in his possession, except such amount as
is necessary to meet current demands, which shall be de-
posited by such treasurer in the active depositary or deposi-
taries. Thereafter, before noon of each business day, he
shall deposit therein the balance, if any, remaining in his
hands after having paid out of the receipts of the preceding
business day, in cash, warrants presented to him for pay-
ment during such day. Except as-herein before provided.
Such money shall be payable only on the check of the treas-
urer. (103 v. 562.)
SECTION 2737. All money deposited with any deposi-
tary shall bear interest at the rate specified in the proposal
on which the award thereof was made, computed on daily
balances, and on the first day of each calandar month or
‘at any time such account is closed, such interest shall be
placed to the credit of the county, and the depositary shall
Security may
be in part by
undertaking.
Form of
hypotheca-
tion;
requisites
as to trans-
fer.
Interest;
exchange of
securities.
Written
notice; duty
of treasurer.
Interest on
daily balances.
Apportionment
of interest. ,
Monthly
statement of
depositary.
Monthly
statement of
auditor and
treasurer.
Comparison
of checks and
statements.
When county
treasurer
exempt from
liability.
60
notify the auditor and treasurer, each separately, in writing
of the amount thereof before noon of the next business day.
All such interest realized on the money belonging to the un-
divided tax funds shall be apportioned by the county auditor
to the state, cities, city school districts and county taxing
or assessing districts in the proportion that the amounts
collected for the respective political divisions or dis-
tricts bear to the entire amount collected by the county
treasurer for such undivided tax funds and deposited as
herein provided, due allowance being made for sums trans-
ferred in advance of settlements. All interest apportionel
as the county’s share together with all interest arising from
the deposit of funds belonging specifically to the county
shall be credited to the general fund of the county by the
county treasurer. The county auditor shall inform the
treasurer in writing of the amount apportioned by him to
each fund, district or account. (101 v. 354.)
SECTION 2738. On the first business day of each
month, each depositary shall notify the county auditor in
writing of the amount of deposits made by the county
treasurer for the preceding month, giving the amount and
date of each deposit and the balance on deposit to the
credit of the county at that time. (98 v. 277 Sec. 9.)
4) SECTION 2739. ‘At such, time the auditor and treasurer
of the county shall each prepare and submit to the com-
missioners a sworn statement of the finances of the county
for the preceding month, which shall show the amount of
money received to the credit of each fund and account,
the amount disbursed from each, the balance remaining to
the credit of each, the balance of money in the depositary
or depositaries, and the balance in the treasury. The com-
missioners shall place such statements on file, together with
the statement from the depositary, and forthwith post a
duly certified copy of each in the office of the county
auditor, which shall remain so posted at least thirty days
for the inspection of the public. (98 v. 277 Sec. 9.)
SECTION 2740. On the first business day of each
month, an officer of the county depositary or depositaries
shall file with the county commissioners all checks of the
county treasurer paid and redeemed by it during the previ-
ous month. The commissioners shall compare such checks
With the report of the county treasurer. and if the state-
ments of such depositary and of the treasurer do not agree,
the commissioners shall forthwith give notice thereof to
the treasurer and auditor, who shall thereupon ascertain
and report to the commissioners the cause of such dis-
crepancy. (98 v. 277 Sec. 9.)
SECTION 2741. A county treasurer who shall have
fully complied with all the provisions of this chapter re-
lating to county depositaries shall not be held personally
oo on
et ae
61
€
liable on account of any loss which the county may have
sustained by reason of the default or failure of any such
depositary. (98 v. 277 Sec. 9.)
SECTION 2742. Nothing in this chapter relating to
county depositaries shall in any manner change or affect the
liability of treasurers of counties having depositaries under
and in accordance with these provisions, except that they
shall not be held liable for any loss of money deposited
by them in the depositaries as provided herein while such
money so deposited is in the custody of such depositary.
(99 v. 467. Sec. 10.)
SECTION 2743. An officer of a county having a county
deposit who willfully violates any provision of this chapter
relating to county depositaries or willfully neglects or re-
fuses to perform any duties thereby imposed upon him
shall be fined not more than ten thousand dollars for the
use of the county or be imprisoned in the penitentiary not
less than one year, nor more than ten years, or both. (99
v. 4607 Sec. II.)
SECTION 2744. A county treasurer may receive checks,
but such receipt shall in no. manner be regarded as pay-
ment. No sum shall be considered paid until the money
therefor has been received by the treasurer or a depositary.
No responsibility shall attach in any manner directly or in-
directly to a treasurer, his sureties or the county by reason
of the receipt of a check and collection of checks shall be
entirely at the risk of the person turning them into the
treasury. (99 v. 468 Sec. 13.)
SECTION 2745. Any provision of statute which con-
flicts with any provision herein relating to county deposi-
taries shall be held to be superseded by the latter as to any
inconsistency and not otherwise in counties having a de-
positary or depositaries for county funds under these pro-
visions. If, for any reason, any such county is without a
depositary for such funds, the money of the county shall be
placed and remain in custody of the treasurer until another
depositary is designated, and he shall be governed by the
general laws relating to county treasurers. (99 v. 467
Dec, 12: )
SECTION 2746. When, in his opinion, necessary, the
county treasurer may open not to exceed one office in each
township for the receiving of taxes. Such office shall be in
a city or village in which is located a bank of deposit. The
treasurer, his deputy or clerks, may attend at such office and
receive taxes on any day or days prior to the twentieth
day of June and the twentieth day of December of each
year, They may remove from the county treasury to the
place of collection records necessary for the receiving of
taxes upon the day or days so fixed for that purpose. (100
Vir7G -Sée, 1.)
Effect of these
provisions.
Penalty.
Effect of re-
céiving bank
checks by
treasurer.
What existing
law these
provisions
supersede.
County treas-
urer may
open tax-
receiving
offices.
Banks to fur-
nish securi-
ties.
Depository
fixed by
resolution
of trustees.
Competitive
bids.
Where funds
deposited.
62
SECTION 2748. For the purpose of transportation, the
county treasurer may deposit temporarily in any bank of
deposit located at such place of collection any money re-
ceived in the payment of taxes, A bank or banks receiv-
ing any such deposits shall deposit. with the county treas-
urer such securities as the treasurer deems sufficient, sub-
ject to the approval of the county commissioners. The lia-
bility. of the treasurer for any losses of money so deposited
shall be the same as provided in this chapter in case of de-
posits by the county treasurer in county depositaries. (100
Vi07O DEC, ay ;
TOWNSHIP FUNDS:
SECTION 3320. That within thirty days after the first
Monday of January, 1916, and every two years thereafter,
the trustees of any township shall provide by resolution for
the depositing of any or all moneys coming into the hands
of the treasurer of the township, and the treasurer shall
deposit such money -in such bank, banks or depository
within the county in which the township is located as the
trustees may direct subject to the following provisions.
CIOG: Via Secery)
SECTION 3321. The trustees of the township shall de-
termine in such resolution the method by which bids shall
be received, the authority which shall receive them, and
time for which such deposits shall be made, and all the
details for carrying into effect the authority herein given,
but all proceedings in connection with such competitive
bidding and the deposit of such moneys shall be conducted
in such manner as to insure full publicity and shall be
open at all times to public inspection. But no contract for
the deposit of township funds shall be made for a longer
period than two years. (106 v. 242 Sec. G)
SECTION 3322. In townships containing two or more
banks, such deposits shall be made in the bank or banks
situated in the township that offer at competitive bidding
the highest rate of interest on the average daily balance on
such funds, which in no case shall be less than two per
cent., for the full time the funds are on deposit. Such
bank or banks shall give a good and sufficient bond to be
approved by the township trustees, for the safe custody
of such funds in a sum at least equal to the amount de-
posited. No bank or depository shall receive a larger de-
posit of such funds than the amount of such bond and in
no event to exceed three hundred thousand dollars. The
treasurer of the township shall see that a greater sum than
that contained in the-bond is not deposited in such bank or
banks, and such treasurer and his bondsmen shall be liable
for any loss occasioned by deposits in excess of such bonds.
(i Se Sbesrsra 2
mA Be
63
SECTION 3323. In a township in which but one bank
is located, and the location thereof is convenient to the
township treasurer, the furids of the township shall be de-
posited in such bank at a rate of interest not less than two
per cent.on the average daily balance, but when the trus-
tees have reason to believe that such bank is not a safe de-
pository, or when the location thereof is inconvenient to the
township treasurer, or when such bank refuses to pay at
least two per cent. interest, or where there are two banks
in a township and either one or both refuse to pay two
per cent. interest on such depusits, or in a township
in which no bank is located, after the adoption of a
resolution providing for the deposit of its funds, the trus-
tees may enter into contract with one or more banks within
the county, or in a county adjacent to the county of which
the township is a part, that are conveniently located and
which offer the highest rate of interest on the average daily
balance, and which in no case be less than two per cent.
for the full time the funds are on deposit. (R. S. Sec.
1513.)
SECTION 3324. Such bank or banks shall give good and
sufficient bond to the approval of the township trustees in a
sum at least equal to the amount deposited for the safe
custody of such funds, and the treasurer of the township
shall see that a greater sum than that contained in the bond
is not deposited in such bank or banks, and such treasurer
and his bondsmen shall be liable for any loss occasioned by
deposits in excess of such bonds. (R. S. Sec. 1513.)
SECTION 3325. Such resolutions and contracts shall
set forth fully all details necessary to carry into effect the
authority herein given. All proceedings connected with the
adoption of the resolution and the making of the-contract
shall be conducted in such manner as to insure full publicity
and shall be open at all times to public inspection.
All interest money derived in pursuance of these pro-
visions shall be property of the township, and deposited as
boner limds.. (Ri S.) Sec: 1573.)
SECTION 3326. When such depository is provided and
the funds are deposited therein as herein directed, the
treasurer of the township and his bondsmen shall be re-
lieved of any liability occasioned by the failure of the
bank or banks of deposit or by the failure of the guaranty
company acting as surety for such bank or banks, or by
the failure of either of them except as herein provided in
cases of excessive deposits. On failure of the trustees
of any township to provide a depository according to law
the trustees and their bondsmen shall be liable for any loss
occasioned by their failure to provide such depository, and
in addition shall pay into the township treasury two per
cent on the average daily balance on the township funds
during the time said township shall be without a depository.
Minimum
interest on
township
funds.
Bond to se-
cure deposits.
Proceedings
shall be open
to the public.
Liability
of treas-
urer and
trustees.
Deposits of
moneys.
Deposit of
moneys ma
be provide
for by ordi-
nance.
Security by
municipal
depository
required.
Interest bear-
ing obliga-
tions that may
be accepted
as security.
Approval.
Securities
accepted to
secure funds
of all political
subdivisions,
Contents of
ordinance;
conduct of
bidding.
64
Said moneys may be recovered from the township trustees ~
and their bondsmen for the use and benefit of the town-
ship treasury upon the suit of any tax payer of the township.
(106 v. 242.)
MUNICIPAL FUNDS.
SECTION 4294. Upon giving bond as required by coun-
cil, the treasurer may, by and with the consent of his bonds-
men deposit all funds and public moneys of which he has
charge in such bank or banks, situated within the county,
which may ‘seem best for the protection of such funds, and
such deposits shall be subject at all times to the warrants
and orders of the treasurer required by law to be drawn.
All profits arising from such deposit or deposits shall inure
to the benefit of the funds. Such deposit shall in no wise
release the treasurer from liability for any loss which may
occur thereby. (97 v. 270 Sec. 135.)
SECTION 4295. The council may provide by ordinance
for the deposit of all public moneys coming into the hands
of the treasurer in such bank or banks, situated within the
municipality or county, as offer, at competitive bidding, the
highest rate of interest and give a good and sufficient bond
issued by a surety company authorized to do business in
this state, or furnish good and sufficient surety, or secure
said moneys by a deposit of bonds or other interest bearing
obligations of the United States or those for the payment
of principal and interest of which the faith of the United
States is pledged, including bonds of the District of Colum-
bia; bonds of the state of Ohio or of any other state of. the
United States; legally issued bonds:of any city, village,
county, township or other political subdivision of this or any
other state or territory of the United States and as to which
there has been no default of principal, interest or coupons,
and which in the opinion of the treasurer are good and col-
lectible providing the issuing body politic has not defaulted
at any time since the year 1900, in the payment of the prin-
cipal and interest of any of its bonds, said security to be
subject to the approval of the proper municipal officers, in
a sum not less than ten per cent. in excess of the maximum
amount at any time to be deposited. And whenever any
of the funds of any of the political subdivisions of the state
shall be deposited under any of the depositary laws of the
state, the sureties herein mentioned, in addition to such
other securities as are prescribed by law, may be accepted
to secure such deposits. (103 v. EPR 2) “a-
SECTION 4296. In such ordinance the council may de-
termine the method by which such bids shall be received,
the authority which shall receive them, and which shall de-
termine the sufficiency of the security offered, the time for
the contracts for which deposits of public money may be
made, and all details for carrying into effect the authority
ee ye
65
herein given. Proceedings in connection with such com-
' petitive bidding and the deposit of money shall be conducted
in such manner as to insure full publicity, and shall be open
at all times to the inspection of any citizen. As to any de-
posits made under authority of an ordinance of the coun-
cil pursuant hereof, if the treasurer has exercised due
care, neither he nor his bondsmen shall be liable for any
loss occasioned thereby. (97 v. 270.)
MUNICIPAL SINKING FUNDS.
SECTION 4515. At least once every three years the
trustees of the sinking fund shall advertise for proposals
for the deposit of all sums held in reserve and shall deposit
such reserve in the bank or banks, incorporated under the
laws of this state or of the United States, situated within
the county, which offer, at competitive bidding, the highest
rate of intérest and best security and accommodation and
give a good and sufficient bond issued by a surety company
authorized to do business in this state, or furnish good and
sufficient surety in a sum not less than twenty per cent. in
excess of the maximum amount at any time to be deposited.
There shall not be deposited in any one bank an amount
in excess of the paid-in capital stock and surplus of such
bank, or to exceed in amount four hundred thousand dol-
lars except when such moneys are deposited for the pur-
pose of meeting the payment of some obligation. (101
V. 243.)
Suan 4516. The trustees of the sinking fund shall
determine the method by which such bids shall be re-
ceived, the authority which shall receive them, the suffi-
ciency of the security offered, the time for the contracts for
which the deposits of public money may be made and all
details for carrying into effect the authority here given, but
proceedings in connection with such competitive bidding
and the deposit of money shall be conducted in such man-
ner as to insure full publicity and shall be open at all times
to the inspection of any citizen. As to deposits made under
this authority, neither the trustees of the sinking fund nor
their bondsmen, if such trustees of the sinking fund have
exercised due care, shall be liable for any loss occasioned
thereby. (101 v. 243.)
SECTION 4516-1. The provisions of sections 4515 and
4516 of the general code shall not apply where sums held
in reserve, by trustees of the sinking fund, are deposited in
the city treasury, so as to become part of the general city
balance to be deposited in banks as otherwise provided by
law. (102 v. 466.)
DB ve. Bb:
Competitive
bidding.
Maximum
account.
Publicity.
When certain
provisions do
not apply.
Deposit of
school funds;
limitation.
Competitive
bidding;
bond of de-
pository.
Bids.
Contract of
board and
bank.
66
SCHOOL FUNDS.
Section 7604. That within thirty days after the first
Monday of January, 1916, and every two years thereafter,
the board of education of ‘any school district by resolution
shall provide for the deposit of any or all moneys coming
into the hands of its treasurer. But no bank shall receive
a deposit larger than the amount of its paid in capital stock,
and in no event to exceed three hundred thousand dollars.
(106 v. 328.)
SEecTIIoN 7605. In school districts containing two or
more banks such deposit shall be made in the bank or
banks, situated therein, that at competitive bidding offer the
highest rate of interest which must be at least two per cent
for the full time funds or any part thereof are on deposit.
Such bank or banks shall give a good and sufficient bond,
or shall deposit bonds of the United States, the state of
Ohio, or county, municipal, township or school bonds 1is-
sued by the authority of the state of Ohio, at the option of
the board of education, in a sum notless than the amount
deposited. The treasurer of the school district must see that
a greater sum than that contained in the bond is not de-
posited in such bank or banks and he and his bondsmen
shall be liable for any loss occasioned by deposits in excess
of such bond. But no contract for the deposit of school
funds shall be made for a longer period than two years.
(106 v. 328.)
SECTION 7606. The board shall determine in such reso-
lution the method by which bids shall be received, the au-
thority which is to receive them, the time for which such
deposits shall be made and all details for carrying into effect
the authority herein given. All proceedings in connection
with such competitive bidding and deposit of moneys must
be so conducted as to insure full publicity and shall be open
at all times to public inspection. If in the opinion of a
board of education there has been any collusion between the
bidders, it may reject any or all bids and arrange for the
deposit of funds in a bank or banks without the district
as hereinafter provided for in districts not having two or
more banks located therein. (R. S. Sec. 3968.)
SeEcTION 7607. In all school districts containing less
than two banks, after the adoption of a resolution provid-
ing for the deposit of its funds, the board of education may
enter into a contract with one or more banks that are con-
veniently located and offer the highest rate of interest, which:
shall not be less than two per cent. for the full time the
funds or any part thereof are on deposit. Such bank or
banks shall give good and sufficient bond, or shall deposit
bonds of the United States, the state of Ohio, or county,
municipal, township or school bonds issued by the authority
\
id
607
of the state of Ohio, at the option of the board of educa-
tion, in a sum at least equal to the amount deposited. The
treasurer of the school district must see that a greater sum
than that contained in the bond is not deposited in such
bank or banks, and he and his bondsmen shall be liable
for any loss occasioned by deposits in excess of such bond.
(10L v. 290.)
SECTION 7608. The resolution and contract in the next
four preceding sections provided for, shall set forth fully
all details necessary to carry into effect the authority therein
given. -All proceedings connected with the adoption of such
resolution and the making of such contract must be con-
ducted in such a manner as to insure full publicity and shall
be open at all times to public inspection. (R. S. Sec. 3968.)
SEcTION 7609. When a depository is lawfully provided,
and the funds are deposited therein, the treasurer of the
school district and his bondsmen shall be relieved from any
liability occasioned by the failure of the bank or banks of
Maximum
deposit.
What reso-
lution to
contain,
Board of
education
liable,
when.
deposit or by the failure of the sureties therefor, or by the |
failure of either of them, except as above provided in cases
of excessive deposits. Upon the failure of the board of
education of any school district to provide a depository ac-
cording to law the members of the board of education shall
be liable for any loss occasioned by their failure to provide
such depository, and in addition shall pay to the treasurer of
the school funds two per cent on the average daily balance
on the school funds during the time said school district shall
be without a depository. Said moneys may be recovered
from the members of the board of education for the use
and benefit of the schooi funds of the district upon the suit
of any taxpayer of the school district. (106 v. 328.)
TAXATION OF BANK STOCK.
Const. “Art. X11; Sec: 3:
The general assembly shall provide by law, for taxing the
notes and bills discounted or purchased, moneys loaned, and all
other property, effects, or dues, of every description, (without de-
duction) of all banks, now existing, or hereafter created, and of
all bankers, so that all property employed in banking, shall always
bear a burden of taxation, equal to that imposed on the property
of individuals.
SECTION 5407. A company, association, or person, not
incorporated under a law of this state or of the United
States, for banking purposes, who keeps an office or other
place of business, and engages in the business of lending
money, receiving money on deposit, buying and selling
bullion, bills of exchange, notes, bonds, stocks, or other
evidences of indebtedness, with a view to profit, is a bank,
or banker, within the meaning of this chapter. (R. S. Sec.
2758. )
“Bank” and
“bankers”
defined.
Shares or
capital of
banks, incor-
porated or un-
incorporated.
Tax on real
estate of
bank.
Names of
stockholders
and shares of
each.
Return made
by cashier,
etc., to
auditor.
Auditor te fix
value of bank
shares or
property.
68
Section 5408. All the shares of the stockholders in
an incorporated bank or banking association, located in this
state, incorporated or organized under the laws of the state
or of the United States, and all the shares of the stock-
holders in an unincorporated bank, located in this state, the
capital stock of which is divided into shares held by the
owners of such bank, and the capital employed, or the
property representing it, in an unincorporated bank the
capital stock of which is not divided into shares, located in
this state, shall be listed at the true value in money, and
taxed only in the city, ward, or village where such bank is
located: . (RWS. Sec, 2762.) 0:
SecTION 5409. The real estate of a bank or banking
association shall be taxed in the place where it is located, in
like manner as the real estate of persons is taxed. (R. S.
DECT2 703.)
Section 5410. There shall be kept in the office at all
times where the business of such bank or banking associa-
tion is transacted, a full and correct list of the names and
residences of the stockholders therein, and the number of
shares held by each, which at all times during business
hours shall be open to the inspection of all officers who are
or may be authorized to list or assess the value of such
shares for taxation. (R.S. Sec. 2764.)
SECTION 5411. The.cashier of each incorporated bank,
and the cashier, manager or owner of each unincorporated
bank, shall return to the auditor of the county in which
such bank is located, between the first and second Mondays
of May, annually, a report in duplicate under oath, exhibit-
ing in detail, and under appropriate heads, the resources and
liabilities of such bank at the close of business on the Wed-
nesday next preceding the said second Monday, with a full
statement of the names and residences of the stockholders
therein, the number of shares held by each and the par value
of each share, and of the amount of capital employed by un-
incorporated banks, not divided into shares, and the name,
residence and proportional interest of each owner of such
bank. (R.S. Sec. 2765.)
SECTION 5412. Upon receiving such report the county
auditor shall fix the total value of the shares of such banks,
and the value of the property representing the capital
employed by unincorporated banks, the capital stock
of which is not divided into shares, each according to their
true value in money, and deduct from the aggregate sum so
found, of each, the value of the real estate included in the
statement of resources as it stands on the duplicate. There-
upon he shall make and transmit to the annual state board
of equalization for banks a copy of the report so made by
the cashier, manager or owner with the valuation of such
shares or property representing capital employed as so fixed
by the auditor, R.S. Sec. 2766.)
eo ee
|
’
: 69
SECTION 5413. Ifa bank fails to make and furnish to when hank
the county auditor the statement required, within the time fails to make
herein fixed, the auditor shall examine the books of the ;
bank ; and also any officer or agent thereof under oath, with
such other persons as he deems proper, and make such
statement. The auditor shall have like powers, and the pro-
bate judge of the county shall exercise like powers, and
perform like duties in aid of the auditor in the perform-
ance of his duties under this section, as are authorized by law
in cases where the county auditor is informed, or has
reason to believe, that any person has failed to make a re-
turn, or has made a false return for taxation. The state-
ment so made out by the auditor shall stand as the state-
ment required to be made by the cashier. (R. S. Sec.
2760. )
SECTION 5414. A bank officer who fails to make out Penalty for
and furnish to the county auditor the return required by ™king false
section fifty-four hundred and eleven or wilfully makes a
false statement in such return, shall forfeit not more than
one hundred dollars together with the costs and other ex-
penses incurred by the auditor or other proper officer in
obtaining such statement. (R. S. Sec. 2769.)
SECTION 5624-13. * * * Nothing in this act shall Accounts and
be construed or held to authorize the tax commission, or pecorge Of a
any of its agents or employes, or any county auditor or reerea kta
any assessor or board of revision, to examine the accounts tion by taxing
or records of any banking or financial institution which *"°"™S
is subject to official inspection under the laws of the state
of Ohio or of the United States, nor to demand or receive
any list of depositors, stock depositors, members or others
who transact business in or with such institutions. (106
v. 264 Sec. 66.) 5
SECTION 5617. On or before the first day of June, an- Report of
nually, each county auditor shall make and transmit to the c@shic or
_ tax commission of Ohio, a copy of the report made by the
cashier, manager or owner of each bank, with the valuation
of the shares or property of the bank, representing capital
employed, as fixed by him, (106 v. 269 Sec. 85.)
SECTION 5618. On the third Tuesday of June of each Examination
year, the tax commission of Ohio shall examine the reports of, bank re
of banks and banking associations made to the county au-
ditors and the value of the shares of incorporated banks and
the shares of unincorporated banks, the capital stock of
which is divided into shares, each of which shares is an
aliquot part of the capital so divided, and of the property
representing the capital employed by unincorporated banks,
the capital stock of which is not divided into shares, as fixed
by the county auditors and reported to the commission,
(106 v. 269 Sec. 86.)
Power to
increase or
decrease
value of
shares.
Certificate
of valuations
to county
auditors.
Review;
corrections,
Tax a lien
upon bank’s
shares.
Collection
by tax.
Penalty.
Banks may
deduct taxes
paid from
shareholders
when.
7O
Section 5619. The tax commission of Ohio may in-
crease or decrease the value of the shares or property rep-
resenting capital employed by any bank or banks, if in the
judgment of the commission the value thereof so reported
to the commission by the county auditor is not the true value
-in money, to the end that all such shares and property rep-
resenting capital employed shall be assessed equally and
uniformly throughout the state at the true value thereof in
money. (106 v. 269 Sec. 87.)
SECTION 5620. On the third Tuesday of July, annually,
‘the tax commission of Ohio shall certify to the county au-
ditors of the proper counties, the valuation as fixed by it of
the shares of, and property representing capital employed
by banks situated in such counties, specifying as to each bank
the aggregate valuation of the shares thereof or property
representing capital employed thereby and the deductions to
be made therefrom. The county auditor shall make the
deductions as so certified, and the value of the shares of
each incorporated bank or banking association, and the
shares of each unincorporated bank the capital stock of
which is divided into shares, each of which shares is an
aliquot part of the capital so divided, and the property rep-
resenting the capital employed by unincorporated banks, the
capital stock of which is not divided into shares, shall, after
such deductions are made, be entered upon the proper tax
lists and duplicate. (106 v. 269 Sec. 88.)
SECTION 5621. Between the third Tuesday of June and_
the third Tuesday of July, the tax commission of Ohio may,
on the application of any interested person or bank, or on
its own motion, review and correct its findings. (106 v.
269 Sec. &9.)
SECTION 5672. ‘Taxes assessed on shares of stock, or
the value thereof, of a bank or banking association, shall be
a lien on such shares from the first Monday of May in each
year until they are paid. It shall be the duty of every bank
or banking: association to collect the taxes due upon its
shares of stock from the several owners of such shares, and
to pay the same to the treasurer of the county, in which
such bank or banking association is located, as other taxes
are paid, and any bank or banking association failing to pay
the said taxes as herein provided, shall be liable by way of
penalty for the gross amount of the taxes due from all the
owners of the shares of stock, and for an additional amount
of one hundred dollars for every day of delay in the pay-
ment of said taxes. (102 y. 91.)
_ SECTION 5673. Such bank or banking association pay-
ing to the treasurer of the county in which it is located, the
taxes assessed upon its shares, in the hands of its share-
holders, respectively, as provided in the next preceding sec-
tion may deduct the amount thereof from dividends that
are due or thereafter become due on such shares, and shall
71
have a lien upon the shares of stock and on all funds in its
possession belonging to such shareholders, or which may at
any time come into its possession, for reimbursement of the
taxes so paid on account of the several shareholders, with
legal interest; and such lien may be enforced in any ap-
propriate manner, (102 v. QI.)
Peri send CES APPLICABLE-TO. BANKS AND
BANKING.
SECTION 12473. Whoever, being an officer, employe,
agent or director of a corporation incorporated and doing
business as a commercial bank, savings bank, savings so-
ciety, society for savings, savings and loan association, sav-
ings and trust company, safe deposit company or trust
company or other corporation or association, except build-
“ing and loan associations, having power to receive and re-
ceiving money on deposit, embezzles, abstracts or wilfully
' misapplies any of the money, funds, credit or property of
such corporation, whether owned by it or held in trust, shall
be fined not more than ten thousand dollars or imprisoned
in the penitentiary not more than thirty years, or both. (99
2275, OCC, 44. )
SECTION 12898. Whoever, being the superintendent of
banks, a deputy assistant, clerk in his employ or an ex-
aminer, fails to keep secret the facts and information ob-
tained in the course of an examination, except when the
public duty of such officer requires him to report upon or
take official action regarding the affairs of the person, part-
nership, corporation, company, society or association so ex-
amined, or wilfully makes a false official report as to the
condition of such person, partnership, corporation, com-
pany, society or association, shall be fined not more than five
hundred dollars or imprisoned in the penitentiary not less
than one year nor more than five years, or both. Nothing
in this section shall prevent the proper exchange of certain
valuable information relating to banks and the business
thereof, with the representatives of the banking departments
of other states, with the national bank authorities, or with
clearing house association examiners. (106 v. 360.)
SECTION 12899. An official, violating any provision of
the next preceding section, in addition to the penalties
therein provided shall be removed from office and be liable,
with his bondsmen, in damages to the person or corpora-
tion injured by the disclosure of such secrets. (99 v. 291
Sec. 106.)
SECTION 13182. Whoever, being connected with or
serving a commercial bank, savings bank, safety deposit
company, trust company, or a combination of two or more
of such classes of business, receives, or, being an officer
thereof, permits an employe to receive money, checks, drafts
Embezzling or
misapplying
bank funds.
Failure to
keep secrets
by bank super-
intendent,
examiner or
employe;
penalty.
Further
penalty.
Receiving
money when
bank in-
solvent.
Unlawfully
issuing certifi-
cate of de-
posit, etc.
Fictitiously
borrowing,
etc., money.
Failing to
charge cer-
tified checks.
Certifying
check when
not sufficient
fund.
72
or other property as a deposit therein when he has knowl-
edge that it is insolvent, shall be fined not more than five
thousand dollars or imprisoned in the penitentiary not more
than five years, or both. (99 v. 293 Sec. 116.)
SECTION 13183. Whoever, being an officer, employe,
agent or director of a corporation incorporated and doing
business as a commercial bank, savings bank, savings so-
ciety, society for savings, savings and loan association,
savings and trust company, safe deposit or trust company
or other corporation or association, except building and
loan association, having power to receive and receiving
money on deposit, wilfully and fraudulently issues or puts
forth a certificate of deposit, draws an order or bill of ex-
change, makes an acceptance, assigns a note, bond, draft,
bill of exchange, mortgage, judgment or decree or makes
a false entry in a book, report or statement of such cor-
poration, shall be fined not-more than ten thousand dollars
or imprisoned in the penitentiary not more than thirty
years, or both. (99 v. 278 Sec. 44.)
SECTION 13184. Whoever, being an officer, employe,
agent or director of such corporation as provided in the
next preceding section, fictitiously borrows or solicits, ob-
tains or receives money for the corporation not in good
faith intended to be and not the property of the corpora-
tion, with intent to defraud or injure the corporation or
another corporation or person or to deceive an officer of
the corporation, or agent appointed to examine the affairs
of the corporation, or publishes a false statement or report
relating to the financial condition of the corporation with
intent to defraud or injure it or another corporation or
person, shall be fined not more than ten thousand dollars
or imprisoned in the penitentiary not more than thirty years,
or both. (99 v. 278 Sec. 44.)
SECTION 13185. Whover, being an officer or employe
of a corporation conducting a commercial bank, savings
bank, safe deposit company, trust company or two or more
of such classes of business in accordance with the laws of
this state, wilfully certifies a check drawn on such corpora-
tion and fails forthwith to charge the amount thereof
against the account of the person, firm or corporation draw-
ing it, shall be fined not more than five thousand dollars or
Imprisoned in the penitentiary not less than one year nor
more than five years, or both. (99 v. 275 Secs. 31, 33.)
SECTION 13186. Whoever, being an officer or employe
of such corporation as provided jin the next preceding sec-
tion, wilfully certifies a check drawn upon the corporation
unless the person, firm or corporation drawing it has on
deposit with the corporation an amount of money subject
to the payment of such check and equal to the amount
specified therein, shall be fined not more than five thousand
dollars or imprisoned not less than one year nor more than
73
‘five years, or both. A check so certified by an authorized
officer thereof shall be a good and valid obligation against
the corporation. (99 v. 275 Secs. 32, 33.)
SECTION 13187. Whoever, being an officer or employe
of such corporation as provided in, section thirteen thou-
sand one hundred and eighty-five, resorts to a device, re-
ceives a fictitious obligation in order to evade the provisions
of this section and the next two preceding sections, or cer-
tifies a check before the amount thereof has been regularly
entered to the credit of the drawer thereof upon the books
of such corporation, shall be fined not more than five thou-
sand dollars or imprisoned not less than one year nor more
than five years, or both. (99 v. 275 Sec. 33.)
SECTION 13383-1. Whoever, directly or indirectly, wil-
fully and knowingly makes or transmits to another, or cir-
culates, or counsels, aids, procures or induces another to
make, transmit or circulate, any false or untrue statement,
rumor or suggestion derogatory to the financial condition,
solvency or financial standing of any bank, savings bank,
banking: association, building and loan association or trust
company, doing business in this state or with intent to de-
press the value of the stocks, bonds or securities of any
corporation, directly or indirectly, wilfully and knowingly
makes or transmits to another, circulates, or counsels, aids,
procures or induces another to make, transmit or circulate,
any false or untrue statement, rumor or suggestion deroga-
tory to the financial condition, or with respect to the earn-
ings or management of the business of any corporation, or
resorts to any fraudulent means with intent to depress in
value the stocks, bonds or securities of any corporation
shall be fined not more than one thousand dollars or im-
prisoned in the penitentiary not more than two years, or
both. (103 v. 469.)
SECTION 13193-1. Any person who, with intent to de-
fraud, shall make or draw or utter or deliver any check,
draft or order for the payment of money upon any bank
or other depositary, who never had any funds or credit with
such bank or depositary, shall be guilty of a felony, and
upon conviction thereof shall be fined not less than fifty dol-
lars and not more than two hundred dollars, or imprisoned
in the Ohio state penitentiary for not less than one year
nor more than three years or both. The word “credit” as
used herein shall be construed to mean any contract or
agreement with the bank or depositary for the payment of
such check, draft or order, when presented. (106 v. 443.)
BANKS TO FURNISH CERTAIN INFORMATION
TO SUPERINTENDENT OF INSURANCE.
Section 627-1. ‘The superintendent of insurance is
authorized and empowered to make written requisitions
upon the officers or directors of any national bank, state
bank, state bank and trust companies or private bank, of this
Resorting to
unlawful
device.
False state-
ment; penalty
for.
Penalty for
giving with
intent to de-
fraud, check,
draft or order.
Authority
and power of
superintend-
ent of in-
surance.
Duty of
bank officers.
Penalty.
Investment in
one stock or
loan limited.
Deposits made
in name of
two persons
payable to
either.
Who may
sign papers.
Investigation;
report to
court.,
74
state, for such information as he may require relating to the”
financial transactions of any of such institutions with any
insurance company, fraternal beneficiary association or as-
sessment association authorized to do business in this state.
(101 v. 102.)
SEcTION 627-2. It shall be the duty of any officer
or director of any such bank or trust company upon the
receipt of such requisition, or within five days thereafter, to
furnish to such superintendent in writing all the informa- |
tion called for in such requisition and in such manner and
form as therein directed. (101 v. 102.)
SECTION 627-3. Any officer or director of any such
bank or trust company who fails, neglects or refuses to
comply with the provisions of section two of this act shall
be guilty of a misdemeanor and on conviction shall be fined
not more than $500.00 nor less than $25.00. (IOI v. 102.)
GENERAL PROVISIONS.
SECTION 9790. Not more than twenty per cent. of the
capital and surplus of a corporation doing business under
this chapter shall be invested in any one stock security or
loan unless it be in bonds or other interest bearing obliga-
tions enumerated in paragraphs b, c and d of section ninety-
seven hundred and fifty-eight, or in a building and vaults.
(99 v. 283 Sec. 64.)
SECTION 9790-1. When a deposit has been made, or
shall hereafter be made, in any bank, savings bank, bank-
ing association or trust company transacting business in
this state in the names of two persons, payable to either, or
payable to either or the survivor, such deposit, or any part
thereof, or any interest or dividend thereon, may be paid
to either of said persons whether the other be living or
not; and the receipt or acquittance of the person so paid
shall be a valid and sufficient release and discharge to the
bank for any payment so made. (101 v. 120.)
SECTION 9791. In proceedings connected with any au-
thority exercised under this chapter, or under the chapter
relating to the superintendent of banks, all accounts and
other papers may be signed and sworn to in behalf of such
corporation by any officer thereof duly authorized by it.
The answers and examinations under oath, of such officer,
shall be received as the answers and examinations of the
corporation. A court may order and compel any officers of
such corporation to answer and attend such examination the
same as if they, instead of the corporation were parties to
the proceedings or inquiry. (99 v. 286 Sec. 74.)
SECTION 9792. Any judge of a court in which such
corporation 1s acting in such trust capacity, if he deems it
necessary, or upon the written application of any party in-
he
terested in the estate which it holds in a trust capacity,
at any time, may appoint a suitable person or persons, who
shall investigate the affairs and mangement of such corpo-
ration concerning such trust and make sworn report to the
court of such investigation. The expense thereof shall be
taxed as costs against the party asking for such examina-
tion, or the trust fund of such corporation as the court
decrees. Such court at any time may examine any officers
of such corporation, under oath or affirmation, as to its trust
matters in the court, or as to its finances and management
while considering its appointment in such capacity; and for
any cause, applicable to natural persons in the same ca-
pacity, order that such corporation forthwith settle its trust.
“(99 v. 287 Sec. 77.)
SECTION 9793. Every banking company, savings bank,
savings and loan association, savings and trust company
safe deposit and trust company, society for savings, savings
society, and every other corporation or association, except
building and loan associations, empowered to receive, and
receiving money on deposit, now existing and chartered or
incorporated, or which hereafter become incorporated shall
be subject to the provisions of this chapter except that no
such corporation or association having a less capital stock
than the minimum amount provided in section ninety-seven
hundred and four shall be required to increase its capital
stock in order to conform to the provisions of such section
(99 v.,288 Sec. gt.)
SECTION 9794. No such association or corporation may
avail itself of any of the privileges or powers conferred by
this chapter until it has complied with the provisions of
sections 9741 and 9742. No corporation or association, shall
be required to comply with the provisions of this chapter
before April 1, 1910, but every such corporation and asso-
ciation, shall be subject to the inspection, examination and
supervision of the superintendent of banks, as provided
by law. (99 v. 288 Sec. 91.)
SECTION 9795. The books and records, except books
and records of deposit and trusts, of every corporation,
society or association operating under this chapter, at all
reasonable times shall be open to the inspection of every
stockholder. (99 v. 288 Sec. gr.)
Section 9796. No bank or banking institution in-
corporated under the laws of any other state, shall be per-
mitted to receive deposits, or transact banking business of
any kind in this state, except to lend money. (99 v. 287°
Sec. 80.)
SECTION 9796-1. Wherever the term “state bank” is
used in this act, the said term shall be held to include every
corporation or association having the power to receive, and
receiving money on deposit, chartered or incorporated under
any general or special law of Ohio, but shall not include
~
Corporations
governed
» this chapter.
Privileges
available,
when.
Records to be
open to stock-
holders.
Foreign banks
to lend money
only.
Terms “state
bank” and
“federal re-
serve act”’
defined.
State bank
may become
a member bank
under federal
reserve act;
rights, pow-
ers and
privileges.
State or
national banks
May act as
administrator,
executor, etc.,
when.
Exceptions to
this chapter.
Banks may
borrow money,
to what
extent.
76
building and loan associations; and wherever the term
“Federal Reserve Act” is used in this act the same shall be
held to mean the act of the 63rd Congress of the United
States, entitled ‘““An Act to provide for the establishment of
Federal reserve banks, to furnish an elastic currency, to
afford means of rediscounting commercial paper, to establish
a more effective supervision of banking in the United States,
and for other purposes,’ approved by the President of the
United States on December 23rd, 1913. (104 v. 1885 Sec.
I.)
SECTION 9796-2. Every state bank, in addition to the-
powers, rights and privileges possessed by it under the laws
of Ohio shall have the right and power to become a member
bank under the Federal Reserve Act upon the terms and
conditions set forth in said Federal Reserve Act, or here-
after provided by law, in order to become a member bank
as contemplated by said Federal Reserve Act. Every state
bank which becomes a member bank shall have the right
and power to do everything required of or granted by said
Federal Reserve Act to member banks which are organized
under state laws; and compliance by state banks with the
reserve requirements of said Federal Reserve Act, shall be
accepted in lieu of the reserve requirements provided by the
laws of Ohio. Nothing contained in this section of this
act shall in any way or manner affect or have reference
to state banks which do not become member banks under
said Federal Reserve Act except as provided in this act.
(104 v.. 185 Sec. 2.)
SECTION 9796-3. No state bank or national bank shall
act as administrator, executor, trustee or registrar of stocks
and bonds in this state. Provided, however, that trust com-
panies organized under the laws of Ohio shall have the same
powers in the acceptance and execution of trusts which are
now conferred upon them by law, and other state banks and
national banks may have the same powers in the acceptance
and execution of trusts which are now conferred by law
upon trust companies, upon such state banks and national
banks complying with all the requirements, regulations and
conditions imposed by the laws of Ohio upon trust com-
panies in the matter of the acceptance and execution of
trusts. (104 v. 185 Sec. 3.)
SECTION 9797. Nothing in this chapter shall apply to
a building and loan associations. (99 v. 294 Sec.
118,
SEcTION 8705. A corporation may borrow money in
any sum not exceeding the amount of its capital stock,
issue its notes or coupons or registered bonds therefor,
bearing any legal rate of interest, and secure their pay-
ment by a mortgage of its property, real or personal, or
both; provided, however, that a corporation formed to buy
and sell real estate may borrow money, issue its notes or
77
bonds secured by mortgage of its real estate in an amount
not to exceed sixty-five per cent of the market value thereof
without regard to the amount of its capital stock. (106 v.
553 sec. I.)
SECTION 5978. Every Saturday afternoon of each year
shall be a one-half legal holiday for all purposes, beginning
at twelve o’clock noon and ending at twelve o’clock mid-
night. Nothing however, in this section or any other, or
any decision of any court, shall in any manner affect the
validity of or render void or voidable any check, bill of ex-
change, order, promissory note, due bill, mortgage or other
writing obligatory made, signed, negotiated, transferred, as-
signed or paid by any person, persons, corporation ‘or bank
upon said half holiday, or any other transaction had thereon.
(TG3" F< S002 Ser 1)
SECTION 2288-1. In addition to the undertakings or
security provided for in section 2732, 4295, 7605 and 7607,
it shall be lawful to accept first mortgages, or bonds se-
cured by first mortgages bearing interest not to exceed ?
Six per cent. per annum, upon unincumbered real estate
located in Ohio, the value of which is at least double the
amount loaned thereon. If the amount loaned exceeds
one-half the value of the land mortgaged, exclusive of the
structures thereon, such structures must be insured in an
authorized fire insurance company, or companies, in an
amount not le$s than the difference between one-half the
value of ‘the land exclusive of structures, and the amount
loaned, and the policy or policies shall be assigned to the
mortgagee. The value of such real estate, shall be deter-
mined by valuation made under oath by two resident free-
holders of the county where the real estate is located, who
are conversant with real estate values. There shall be de-
posited with said mortgage, an abstract of title made by
some competent person or persons or company, accompanied
by the opinion of a competent attorney, which opinion shall
certify that the mortgage is a first lien upon the premises
mortgaged, or said title shall be guaranteed by a company
organized under, and’ which has complied with the pro-
visions of section 9850 of the General Code. (106 v. 434.)
SAVINGS AND LOAN -ASSOCIATIONS.
Section 9798. The board of directors of any savings
and loan association may prescribe the terms on which de-
posits shall be received and paid out, and the mode of trans-
acting, managing and conducting the affairs and business of
the corporation. ‘The rules and regulations relating to the
receipt and payment of deposits, and the interest thereon,
shall be written or printed in the pass-book of depositors,
not be altered so as to affect any deposit previously made,
and shall be obligatory on such depositors. (R. S. Sec.
3799. )
Saturday
afternoon
legal
holiday.
Mortgage
loans se-
eri for
bed of
lic money.
Rules and regu-
lations relating
to deposits.
Board of
officers.
Deposits by
minors.
Officers shall
not borrow
from corpora-
tion.
May acquire
real estate.
Interest may
be paid on
deposits.
Distribution
of increased
stock.
78
SECTION 9799. The officers of such corporation, other
than directors, before entering upon the discharge of their
duties, shall give a bond to the corporation, to the amount
required by the directors, with security to be approved by
them, for their fidelity, good conduct, for the safe-keeping
and proper application of the funds of the association, and
of such sums of money as may be placed in their charge by
the depositors or others. The directors may require an in-
crease of the amount of such bonds when they deem it neces-
sary. > (GR. 3: mets 3800, )
Section g800. When deposit is made in such an as-
sociation by a minor, it shall be held for the exclusive right
and benefit of such depositor, free from the control or lien
of any person, except creditors, and be repaid to the person
making the deposit. The receipt or acquittance of such
minor shall be a sufficient release and discharge to the cor-
poration for such deposit. (R.S. Sec. 3801.)
Section 9801. No director or other officer of such
corporation shall borrow or use its funds except to pay the
necessary and current expenses, to an amount greater than
one-half of the amount of stock by him owned or held;
nor shall any officer or director be surety, or in any manner
an obligor, for a loan made by a corporation. (R. S. Sec.
3802. )
SEcTION 9802. Such corporation may acquire, hold
and convey only such real estate as is necessary and conve-
nient for the transaction of its business, and such as it is
necessary to purchase, at judicial sale or otherwise, to secure
debts due it, and which it shall not hold for a longer period
than five years. In all cases of loans upon real estate the
expense of searches, examination of certificates, and re-
cording of papers, shall be paid by the borrower. (R. S.
Sec. 3803.)
SECTION 9803. Such corporation may receive on de-
posit, for safe-keeping or investment, all money offered for
that purpose by tradesmen, clerks, mechanics, laborers, min-
ors, or other persons, or by a religious or charitable society,
or municipal corporation, or that may be ordered to be de-
posited by a court in this state having custody of money,
and make investments thereof in the manner provided in this ©
chapter. It may credit and pay such rates of interest thereon
as are agreed upon, not exceeding the rate allowed by law;
aiso purchase and sell promissory notes, drafts, and bills of
exchange, at such rates as are agreed upon, and transact
such other business as properly pertains to the business of
such associations not forbidden by the constitution and laws
of this state. (R. S. Sec. 3804.)
_SEcTION 9804. Upon an increase of stock, the stock-
holders at the time of such increase shall be entitled to a pro
rata share thereof, upon the payment of its par value; but.
E
:
:
.
y
79
such right shall be forfeited if the amount be not paid within
thirty days of the time fixed therefor by the directors, by
public notice. (R. S. Sec. 3805.)
SEcTION 9805. Such corporations may invest their
funds in the purchase of stocks, bonds or other evidence of
indebtedness of the United States, stocks and bonds of the
state of Ohio, bonds of a municipal corporation or school
bonds of such a corporation, special school district or body
politic in this state, issued pursuant to law, or in bonds law-
fully issued by county commissioners herein to such an
amount as is deemed proper, or the stocks or bonds of a state
of the United States that for five years immediately preced-
ing such investment has paid the interest on its bonded debt
in lawful money of the United States, to the extent of ten
per cent of their paid-in capital and deposits, or in bonds or
notes secured by mortgages on unincumbered real estate sit-
uated in the county where the association is located, or an ad-
joining county in this state, worth, exclusive of buildings,
at least double the amount loaned thereon, unless accom-
panied with valid insurance upon the buildings thereon that
will make the value of the real estate and insurance at least
double the amount loaned thereon. But not more than sev-
enty-five per cent of the amount of the paid-in capital and
deposits of such an association shall at any time be invested
in such real estate securities. (R. S. Sec. 3806.)
SECTION 9806. Such associations, may discount notes
and bills of exchange, and take, receive, resérve and charge
upon a loan of discount made upon a note, bill of exchange
or other evidence of debt,, interest at the rate allowed by
law, which interest may be taken in advance, at the time
of making the loan or. discount. For interest taken
directly or indirectly in excess thereof, such associations
shall be subject to the same penalties as natural per-
sons. But in the purchase, discount or sale of a_ bill
of exchange, payable at another place than that of
its purchase, discount or sale, the current rate of dis-
count or premium may be charged and received in ad-
dition thereto. No such corporation shall advertise by
newspaper or letter-head or in any other way a larger
capital stock than has been actually paid in. (R. S. Sec.
3800. )
SECTION 9807. The total liabilities of a person, com-
pany, corporation, or firm, to such an association, either as
principal debtor, or as security or indorser for others for
money borrowed, including in the liabilities of a company or
firm the liabilities of the several members thereof, at no time
shall exceed one-fifth part of its capital stock actually paid
in, but the discount of bills of exchange drawn against
actually existing values, and the discount of commercial or
business paper actually owned by the person, company, cor-
poration, or firm negotiating these, shall not be considered as
money borrowed. (R. S. Sec. 3807.)
Investment
of funds.
Discounts; in-
terest; adver-
tisements.
Limit of loans
to one person.
Dividends.
Distribution
when associa-
tion ceases to
do business.
Annual report
to probate
judge.
Who are to be
deemed ‘un-
known de-
positors.”’
80
Section 9808. As often as they deem proper, the di-
rectors may make and declare dividends of the profits of the
corporation, after paying its expenses, and reserving from
the net profits of the institution not less than one-tenth part
thereof, to be held and invested as a surplus fund to meet
contingencies in its business, which reservation shall con-
tinue until such surplus is equal to at least twenty per cent
of the amount of the full capital stock. Such dividends shall
be payable to the shareholders within ten days from the
time they are so declared. (R. S. Sec. 3808.)
Section 9809. When such an association ceases to do
business, or its directors determine to close up its affairs, the
assets thereof shall be distributed and disbursed by the di-
rectors, or other designated persons, as follows:
First. In payment of depositors.
Second. In payment of the debts of the corporation.
Third.. The remainder, proportionately among the
shareholders. (R. S. Sec. 3809.)
UNKNOWN DEPOSITORS.
SECTION 9804. Every incorporated bank or banking
association located in this state, whether now or hereafter
incorporated or organized under the laws of this state, or of
the United States, and every company, association, or per-
son, who in this state keeps an office or other place of busi-
ness, and engages in the business of lending money, receiv- .
ing money on deposit, buying and selling bullion, or bills of
exchange, notes, bonds, stocks, or other evidence of indebt-
edness, with a view of profit, annually, between the first and
second Mondays of January, shall make out and return to
the probate judge of the county in which such bank, office,
or other place of business is located, under oath of the
owner, or principal officer or manager thereof, a true and
complete statement, setting forth, in alphabetical order, the
names of all unknown depositors with such bank, company,
association or person, together with the amount due to every
such unknown depositor, including accrued interest and div-
idends, = (85.yv. 65", )
_ SECTION 9865. Every corporation, company, associa-
tion, or person, in whose name a deposit of any money, bul-
lion, bill of exchange, note, stock, bonds or other evidence of
indebtedness has been made with any bank, company, asso-
ciation, or person, designated in the preceding section, shall
be deemed an unknown depositor within the meaning there-
of when the date of the last bona fide item of debt or credit
to the account of such depositor on the books of said bank
is more than seven years prior to the time fixed by such
section for the filing of such statement with the probate
court of the proper county. In fixing the date of the last
item of credit to the account of a depositor, reference shall
not be had to any item of credit for interest or dividends
|
,
,
SI
accrued on such deposit, unless it be entered upon a pass
book presented by and returned to the depositor, or unless
the depositor be a minor. (85 v. 75 2.)
SecTIon 9866. The probate judge of each county, on
or before the third Monday of January, annually, shall re-
cord in a book kept for that purpose, entitled “record of un-
claimed-deposits in banks, ......-..... County, Ohio,” and
which at all times shall be open to public inspection, all state-
ments returned to him for the preceding year under the
above provisions. Such judge shall designate in such book
at the head of each statement recorded therein, the name
of the bank, company, association or person. by whom such
statement was returned. The original statement returned
to him shall be kept on file and preserved in his office. (85
v. 65 3.)
SECTION 9867. There shall be allowed and paid to the
probate judge of each county, the sum of eight cents per
.hundred words, for all statements recorded by him, as above
provided. The cost of recording the names and amounts
due to depositors, by whom such deposits were made, and
who are “Unknown”, shall be paid to such judge by the
bank, company, association, or person, as herein provided,
at the time such annual statement is returned, and by such
bank, company, association, or person, shall be deducted
from the amount due such unknown depositor. (85 v. 65 4.)
SECTION 9868. When a corporation, company, associa-
tion, or person, in whose name a deposit is made with a
‘bank, company, association, or person designated herein, be-
comes unknown within the definition and meaning hereof,
the amount due to such depositor shall be paid by such bank,
company, association or person, to the treasurer of the
county, in which such bank, company, or association is lo-
cated, and by such treasurer be credited to the general fund
of such county. But it shall not be paid until after the ex-
piration of eight years from the date of the first statement,
in which the name and amount due such unknown depositor
was returned to the probate judge. The bank, corporation,
association or person so making such payment shall thereby
be released from any claim, demand or liability to pay it or
any part thereof to the depositor, his administrators, execu-
tors or assigns. (85 v. 65 5.)
SECTION 9869. If at any time thereafter proof is made
to the satisfaction of the probate court, or the county com-
missioners, of the right of any person or persons, by inherit-
ance or otherwise, to such funds or any part thereof, or so
paid to the treasurer, such court or commissioners shall so
certify to the county auditor, who thereupon shall draw a
warrant on the treasurer of the county in favor of such
claimant or claimants, or the legal representative or duly
authorized agent thereof, for the sum so paid into the treas-
ury. If any such person or persons become aggrieved by
GtecH, oar iy
Record to be
kept by _pro-
bate judge.
Fees for
making such:
record,
Unknown de-
posits to be
paid into
county
treasury.
How such
deposits
reclaimed.
Penalty for
refusal or
neglect to
comply.
Recovery and
disposition of
penalties.
Who may sue;
duty of prose-
cuting attorney.
7
Powers and
limitations. ©
Capital stock.
How loans
made.
82
the decision finding or action of the probate court or the
county commissioners, such person or persons may appeal
to the court of common pleas, in the manner provided by
law for appealing from the decisions of county commission-
ers, or from those of the probate judge. (85 v. 65 6.)
SECTION 9870. Every bank, company, association, or
person designated herein, who neglects or refuses to comply
with these provisions, shall forfeit and pay five hundred
dollars, for every such offense. (85 v. 65 7.)
SECTION 9871. The penalty so imposed shall be re-
covered by action in the name of the state, before any court
of competent jurisdiction; and when collected, shall be paid
to the treasurer of the county in which the judgment there-
for is recovered. One-half thereof shall be by such treas-
urer credited to the general fund of such county, and one-
half thereof be by him held for the use of the state. (85
v. 65 8.)
SECTION 9872. The action provided by the preceding
section may be instituted and prosecuted to judgment by any
citizen of the state. The prosecuting attorney of such
county hereby is required to institute and prosecute such
action against every bank, company, association or person so
designated, and located in such county, who fails to comply
with the foregoing provisions. (85 v. 65 9.)
COLLATERAL, LOAN. COMPANIES.
SEcTION 9857. Corporations may be organized for the
purpose of making loans on pledges of goods and chattels
and upon mortgage thereof; but they shall not receive
money on deposit, engage in banking, nor make loans upon
security other than herein is provided. The names of such
corporations shall begin with the word “The” and end with
the words “Collateral Loan Company.” (97 v. 134 I.)
SEcTION 9858. The capital stock of such company
shall not exceed five hundred thousand dollars in shares of
fifty dollars each. When twenty thousand dollars have been
duly subscribed and one-fourth of it actually paid in, the
subscribers thereto may organize and transact business. (97
Vv. 134 2.)
SECTION 9859. When such company has disposable
funds it shall loan on all goods and chattels offered, em-
braced within its rules and regulations, in the order offered ;
with the exception that it always shall discriminatte in favor
of small loans to the indigent. It may loan to four-fifths of
the appraised value of gold and silver plate and ware, and
to two-thirds of such value on other goods and chattels. The
rate of interest charged shall not exceed eight per cent per
annum, and other charges, including insurance, investiga-
83
tion of titles, and the expense of the custody and care of
property offered as security must not exceed ten per cent
of the amount loaned. (97 v. 134 3.)
SECTION 9860. Such company shall insure all pledged
property in its possession against loss or damage by fire, in
an amount equal to the appraised value thereof, to be ascer-
tained when the loan is made. In case of loss or damage by
fire it shall be liable to the pledgers of such property for the
amount thereof after paying the principal, interest, loan
charges and expenses. (97 Vv. 134 3.)
SECTION 9861. Such company shall give to each
pledger a card inscribed with its name, the article or articles
pledged, name of the pledger, the amount loaned, the rate
of interest, amount of loan charges and expenses, the date
when made and date when payable. (97 v. 135 5.)
SECTION 9862. A person who has deposited property
with such company as a pledge to secure a loan, at any time
before the maturity of such loan may redeem it, on payment
of the principal sum borrowed with interest and other
‘charges which have accrued at the date of payment. (95 v
135 4.)
Section 9863. If the property pledged is not re-
deemed upon the maturity of the loan it shall be sold at
public auction. Notice specifying the time and place of
such sale shall be mailed to the last known address of the
pledger at least one week previous to the time of such sale.
The net surplus from a sale, after paying loan charges and
expenses, shall be held three years for the owner; when,
if not demanded, it shall be forfeited to the company. (97
ASS 352)
CHATTEL AND SALARY LOAN COMPANIES.
SECTION 6346-1. It shall be unlawful for any person,
firm, partnership, association or corporation, to engage, or
continue, in the business of making loans, on plain, en-
dorsed, or guaranteed notes, or due bills, or otherwise, or
upon the mortgage or pledge of chattels or personal prop-
erty of any kind, or of purchasing or making loans on
salaries or wage earnings, or of furnishing guarantee or
security in connection with any loan or purchase, as afore-
said, at a charge or rate of interest in excess of eight per
centum per annum, including all charges, without first hav-
ing obtained a license so to do from the superintendent of
banks and otherwise complying with the provisions of this
act..
SECTION 6346-2. Any person, firm, partnership, cor-
poration or association desiring to obtain a license, shall in
apply therefor, under oath, on forms prescribed by the
superintendent of banks; and by paying annually to the
Insurance.
Memorandum
of loans.
Redemption
of pledges.
Sale of
pledges.
Loans upon
chattel or
Wage earnings
without
license, un-
lawful.
pplication
er oath;
fee for
license;
expiration.
84
superintendent of banks, a license fee in the sum of one
hundred dollars, shall be entitled to obtain a license, which
license fee shall include the entire cost of inspection, or in- :
spections, for a period of one year. The said license shall |
be issued by the superintendent of banks, and shall expire
the first day of March next following the date of its issu-
ance, except that the fee of one hundred dollars herein pro-
vided shall be apportioned for that part of the year 1915
remaining after the date when this act shall become law,
but thereafter no abatement of said charge shall be made
if licenses are issued for less than one year, and no other
or further license fee shall be required from any such
licensee, by the state or any municipality nor shall any
fees or charges be collected under section 736 of the Gen-
eral Code. Every such license and bond hereinafter pro-
vided for shall be renewed annually on the first day of
March in each year. No license shall be granted to any
. person, firm, partnership, corporation or association unless,
and until, such applicant shall, in writing, and in due form,
to be first approved by and filed with the superintendent
Appointment of Of banks, appoint an agent, a resident of the state of Ohio,
am po. and county where his office is to be located, upon whom .
whom
process may all judicial and other process, or legal notice, directed to
a ad such applicant may be served; and in case of the death,
removal from the state, or any legal disability or disquali-
fication of any such agent, service of such process or notice
may be made upon the superintendent of banks. The said
superintendent of banks may revoke any license, if the
licensee, his officers, agents, or employes shall violate any
of the provisions of this act. Whenever for any cause,
Revocation of Stich license is revoked, said superintendent of banks shall
license; bond. not issue another to said licensee until the expiration of
at least one year from the date of revocation of such
license. Every such applicant shall execute and file a bond
to the state of Chio in the penal sum of two thousand
dollars with. the superintendent of banks to be approved
by him, for the faithful observance of all provisions of
this act.. Any person claiming to be injured by a violation
of this act by a licensee may maintain an action on said
ee —
OE ee
bond. :
b
: : : : 4
Statements re- SECTION 6346-3. Application for a license shall state 7
rue ta fully the name or names, and address, of the person or
ities aye corporation, and of every member of the firm, partnership,
or association authorized to do business thereunder, and
the location of the office or place of business in which the
business is conducted; and in the case of a corporation,
shall also state the date and place of its incorporation, the
name and address of its manager for the period for which
the license is issued, and the names and addresses of its
directors for the period for which the license is issued, and
the name and address of the agent as provided in section
- 6346-2 of this act. Such license shall be kept posted in a
conspicuous place in the office where the business is trans-
85
acted. No person, firm, partnership, corporation or associa-
tion so licensed, shall transact or solicit business under any
other name. Not more than one office or place of business
shall be maintained under the same license. But in case of
removal, the superintendent of banks, may, on application,
endorse thereon a transfer to the new place of business,
with the date of transfer, and from the time of such en-
dorsement, the new place so designated shall be deemed the
place designated in the license. y,
SECTION 6346-4. The superintendent of banks shall,
either personally, or by such person or persons as he may
appoint for the purpose, at least once a year, and oftener,
if- he deems it advisable, investigate the business and affairs
of every such licensee, and for that purpose shall have free
access to the vaults, books and papers thereof, and other
sources of information with regard to the business of such
licensee and whether it has been transacted in accordance
with this act. Said superintendent of banks, and every
examiner appointed by him, shall have authority to ex-
amine, under oath or affirmation, any person whose testi-
mony may relate to the business of any such licensee or
alleged violator herein.
SECTION 6346-5. No such licensee or licensees shall
make a loan or purchase or furnish guaranty, or security,
as hereinbefore provided at a greater total charge, includ-
ing interest, than three per cent per month; except that on
loans that do not exceed fifty dollars in amount, in what-
ever manner made payable, an inspection fee of not to
exceed one dollar may be collected at the time the, loan
is made, when such loan is made for a period of not less
than four months; and such inspection fee shall not be
imposed upon the same borrower for any new or additional
loan made within four months after such charge has been
imposed. Said three per cent per month shall not be paid
in advance and shall be computed on unpaid monthly bal-
ances, without compounding interest or charges. No bonus,
fees, expenses, or demands of any nature whatsoever, other
than said inspection fee and said total charge of three per
cent per month (which shall include interest) as herein-
before provided, shall be made, paid, or received, directly
or indirectly, for such loans, purchases or furnishing guar-
anty or security, wage assignments or advancements ex-
cept court costs upon the actual foreclosure of the security
or upon the entry of judgment. Nothing in this act shall
apply to pawn brokers who obtain a municipal license as
provided in sections 6337 to 6346, inclusive, of the General
Code or to national banks or to state banks or any person,
partnership, association or corporation whose business now
comes under the supervision of the superintendent of banks.
No charge or fee shall be made unless the loan is actually
made. A copy of this section shall be furnished each bor-
rower at the time the loan is made.
Annual inves-
tigation of
business of
licensee.
Maximum
charge allowed
including in-
terest; inspec-
tion fee.
Persons to
whom act does
not apply.
Statement and
receipt shall
be given
borrower or
pledger. ©
Procedure in
valid assign-
ment of wages
or earnings.
Term assign-
ment defined;
assignment of
future wages.
Priority of
assignment,
how obtained.
Void after
one year
unless re-
filed.
86
SECTION 6346-6. Every person, firm, partnership, cor-
poration or association licensed as herein provided, shall
give to the assignor, borrower, or pledger, a statement upon
which shall be written in ink, typewritten or printed, the
name of the licensee making such loan or purchase, name
of the assignor, borrower or pledger, the amount of the
loan, the rate or amount of interest charged, the date when
the loan is made, and the date when payable; and shall
also give the assignor, borrower, or pledger, a receipt for
each payment of principal or interest.
SECTION 6346-7. No assignment of any salary, wages
or earnings, or any part thereof given to secure a loan shall
be valid unless the same shall be in writing, signed in per-
son by the person making the same; and if such person ~
is married and living with husband or wife, signed also
by the husband or wife of such person, as the case may be.
Nor shall any such assignment be valid unless the same
shall be in writing and made to secure a debt contracted
simultaneously with the execution of such assignment, with
all blank spaces therein filled in with ink or typewriting,
together with the date, names af the assignor and assignee,
the amount for which such assignment is made, together
with the rate of interest charged.
The term assignment as used in this section shall in-
clude every instrument purporting to transfer an interest
in or any authority to collect the wages, salary or earnings
of such person. Any assignment of wages, salary or earn-
ings, made in accordance with the provisions of this section
shall bind the wages, salary or earnings earned or to be
earned by the assignor until the loan secured by such as-
signment and interest thereon is fully paid, but no assign-
ment or conveyance of wages, salary or earnings to be
earned in the future given to secure a loan shall be binding
for a sum in excess of fifty per cent of the amount due or
to become due the person making such assignment.
In order to obtain a priority of any such assignment
over any other assignment, the holder thereof, shall deposit
a true copy with the recorder of the county where the per-
son making such assignment, if a resident of the state,
resides, or if not a resident of the state, then with the
recorder of the county where such assignment is made,
together with a sworn statement by the holder, his agent,
or attorney, of the amount due, and the rate of interest
charged. All such assignments shall be filed and preserved
by the recorder as provided in section 8562 of the General
Code. When so deposited, any such assignment shall have
priority over any other assignment subsequently deposited
as herein provided.
Every such assignment so filed shall be void as against
other assignments to creditors of the person making it
after the expiration of one year from the filing thereof,
unless within thirty days next preceding: the expiration of
said period of one year a true copy thereof, together with
‘
a ek ee ee a ee ee Oe ree
3
4
{
,
87
a sworn statement by the holder thereof, his agent or attor-
ney, of the amount then due and rate of interest charged
is re-filed with the county recorder as herein provided.
A sworn copy of such assignment so filed together with
a statement of the amount due filed with any employer of
the assignor shall bind not exceeding fifty per cent of any
salary, wages or earnings due or to become due such as-
signor from the time the same is filed with such employer
until any such loan and interest is fully paid and discharged.
SECTION 6346-8. Any person, firm, partnership, cor-
poration or association, and any agent, officer or employe
thereof, violating any provision of this act, shall for the
first offense be fined not less than fifty dollars nor more
than two hundred dollars and for a second offense not less
than two hundred nor more than five hundred dollars, and
imprisoned for not more than six months. The superin-
tendent of banks upon such second conviction shall revoke
any license theretofore issued to such person, firm, part-
nership, corporation or association. Any instruments taken
in connection with the transaction upon which the convic-
tion is made, shall be illegal, void and of no effect, and it
shall then be the duty of the superintendent of banks to
so notify the borrower in writing. Any charge of interest
paid in excess of that provided herein may be recovered
by the payor in an action at law.
SECTION 6346-9. The superintendent of banks shall
enforce the provisions of this act, make all reasonable effort
to discover alleged violators, notify the proper ‘prosecuting
officer whenever he has reasonable grounds to believe that
a violation has occurred, act as complainant in the prosecu-
tion thereof, aid such officers to the best of his ability in
such prosecution, and make a separate report to the gov-
ernor at the end of each fiscal year. The superintendent
of banks shall employ the assistant or assistants necessary,
in his judgment, to make the investigation and inspection
provided for in this act.
SECTION 6346-10. Any licensee, or licensees, who holds
a license under the provisions of sections 6346-1, 6346-2,
6346-3, 6346-4, 6346-5, 6346-6 and 6346-7, of the General
Code, inclusive, which has not yet expired, and who shall
present his license for cancellation to the superintendent of
banks herein, shall receive therefor a credit in the amount
of ten dollars, and the superintendent of banks shall credit
the same upon the license herein.
SEcTION 2. Should any section or provisions of this act
be decided by the courts to be unconstitutional or invalid,
the same shall not affect the validity of the act as a whole
or any part thereof, other than the part so decided to be
unconstitutional. (106 v. 281.) .
Sworn copy of
assignment and
statement,
filed with
employer.
Penalty for
violation.
Instrument
void upon con-
viction; re-
covery of ex-
cess interest.
Enforcement
of law; report
to governor.
Credit to
licensee on
presentation
and cancella-
tion of license.
Who must be
licensed.
Securities
defined.
Dealer
defined.
Who are not
dealers.
88
BLUE SKY LAW.
Const. Art. XIII,. Sec. 2.
Corporations may be formed under general laws; but all such
laws may, from time to time, be altered or repealed. Corpora-
tions may be classified and there may be conferred upon proper
boards, commissioners or officers, such supervisory and regulatory
powers over these organizations, business and issue and sale of
stocks and securities, and over the business and sale of the stocks
and securities of foreign corporations and joint stock companies
in this state, as may be prescribed by law. Laws may be passed
regulating the sale and conveyance of other personal property,
whether owned by a corporation, joint stock company or individual.
SECTION 6373-I. Except as otherwise provided in this
act, no dealer shall, within this state, dispose or offer to
dispose of any stock, stock certificates, bonds, debentures,
collateral trust certificates or other similar instruments (all
hereinafter termed “securities”) evidencing title to or in-
terest in property, issued or executed by any private or
quasi-public.corporation, co-partnership or association (ex-
cept corporations not for profit,) or by any taxing sub-
division of any other state, territory, province or foreign
government, without first being licensed so to do as here-
inafter provided.
SECTION 6373-2. The term “securities”, as used in
this act, shall not be deemed to include conveyances of
real estate; or, where the same have not been judicially de-
clared invalid; and where, at the time of such sale, there
is no default in payment of any part of the interest or prin-
cipal of the same:
1. Mortgage bonds and notes (other than corporate
bonds where more than fifty per cent of the entire issue is
not included in a sale to one purchaser) secured by a
bona fide mortgage on real estate;
2. Securities of quasi-public corporations, the issuance
of which has been authorized by the public service com-
mission of this state;
3. The stock or obligation of any national bank, or of
any bank, trust company or building and loan association,
organized under the laws of this state and subject to ex-
amination and supervision by the proper authorities thereof.
The term ‘“‘dealer”, as used in this act, shall be deemed
to include any person or company, except national banks,
disposing or offering to dispose, of any such security,
through agents or otherwise, and any company engaged in
the marketing or flotation of its own securities either di- _
rectly or through agents or underwriters or any stock pro-
motion scheme whatsoever, except:
a. An owner, not the issuer of the security, who dis-
poses of his own property, for his own account; when such
disposal is not-made in the course of repeated and succes-
sive transactions of a similar character by such owner; or
a natural person, other than the underwriter of the: se-
|
he i Be
89
curity, who is the bona fide owner of the security and dis-
poses of his own property for his own account;
b. One, who in a trust capacity created by any law of
the United States or of this or any other state or by ju-
dicial authority, lawfully disposes of any property em-
braced within such trust;
c. A bank or trust company, organized under the laws
of this state and subject to examination and supervision
by the proper authority thereof, selling a security for a
licensee, other than the issuer or underwriter thereof, at a
commission of not more than two per cent, where such
bank or trust company is not a regular dealer in securities;
d. One, not the issuer, who disposes of securities to.a
licensee under this act or to a company which, as a part
of its regular business, deals in or holds such securities;
e. A pledgee selling, in the ordinary course of busi-
ness, a security pledged to him as security for debt in good
faith and not for the purpose of avoiding the provisions of
this act;
f. The issuer, organized under the laws of this state,
where the disposal, in° good faith and not for the purpose
of avoiding the provisions of this act, is made for the sole
account of the issuer, without any commission and at a
total expense of not more than two per centum of the pro-
ceeds realized therefrom plus five hundred dollars and
where no part of the issue to be disposed of is issued, di-
rectly or indirectly, in payment for patents, services, good
will, or for property not located, in this state; provided
that the president and secretary, or the incorporators if done
before organization, of the issuer shall, prior to such dis-
posal, file with the “commissioner” a written statement
setting forth the existence of all such facts and that such
issuer is formed for the purpose of doing business within
this state. :
As used in this act, the term “company” shall include
any corporation, co-partnership or association, incorporated
or unincorporated, and whenever and wherever organized ;
“dispose of” shall be construed to mean “sell, barter, pledge
or assign for a valuable consideration or obtain subscrip-
tions for”; “issuer’’, the original issuer of the security; and,
where the context demands it, words in the present tense
include the future tense; in the masculine gender include
the feminine and neuter gender; in the singular number
include the plural, and in the plural, the singular number;
the word “whoever” includes all persons, natural and arti-
ficial, principals, agents and employees; ‘“‘and” may be read
‘Om ane ‘or “and”.
SECTION 6373-3. Before such license shall be issued
to any dealer, there shall be filed by him with the superin-
tendent of banks, herein termed the “commissioner”, to-
gether with a filing fee of five dollars, an application for
such license, together with information in such form as shall
be determined by such “commissioner”, setting forth:
$5 filing fee
to accompany
application.
Names and
addresses.
Location.
Business to
be conducted
under this
license.
Foreign cor-
porations to
furnish copy
of articles.
Applicant must
publish notice
of application.
Annual fee $50.
Agent’s fee $5.
go
a. The names and addresses of the directors and of-
ficers if such applicant be a corporation or association, and
of all partners if it be a partnership, and of the person if
the applicant be an individual, together with the names and
addresses of all agents of such applicant assisting in the
disposal of such securities ;
b. Location of the applicant’s principal office and of
his principal office in the state, if any ;
c. The general plan and character of the business of
said applicant, together with references, which the ‘‘com-
missioner” shall confirm by such investigation as he may
deem necessary, establishing the good repute in business of
such applicant, directors, officers, partners and agents;
If the applicant be a corporation organized under the
laws of any other state, territory or government, or have
its principal place of business therein, it shall also file a
copy of its articles of incorporation, certified by the proper
othcer of such state, territory or government, and of its
regulations and by-laws; and if it be an unincorporated
association, a certified copy of its articles of association,
or deed of settlement.
The applicant at the same time shall also file with said
“commissioner” a duly executed written instrument, ir-
revocable, consenting that any action brought against such
applicant, arising out of and founded upon the fraudulent
disposal of such securities by him or his agents, may be
brought in Franklin county, and that, in the event that
proper service of process cannot be had upon such appli-
cant in such county, service of process made therein by the
sheriff of such county, by sending a copy thereof by regis-
tered mail, at least thirty days prior to taking judgment in
such case, addressed to such applicant at the place of his
prinicpal office named in his application or such other place
as the applicant may thereafter designate in writing filed
with the “commissioner”, shall have the same effect as if
personally made upon the applicant, according to the laws
of this state.
SECTION 6373-4. Notice of all applications for regis-
tration as a licensed dealer in such ‘securities shall be pub-
lished in a daily newspaper of general circulation in the
city where the applicant’s principal place of business in the
state is located, or in the city of Columbus, if the applicant
has no such place-of business in the state, and no such
application shall be acted on by the “commissioner” until
the expiration of one week from the date of such publica-
tion, but shall be acted upon within twenty days after proof
of such application has been filed with him. If the “com-
missioner” be satisfied of the good repute in business of such
applicant and named agents, he shall, upon the payment of
an annual fee of fifty dollars, and an additional fee of five
dollars for each agent named in the application, register the
applicant as a licensed dealer in such securities, and issue
to him a license, containing the name of the applicant and
4
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all such agents, renewable annually upon payment of such
annual fee, unless revoked as herein provided. The ex-
pense of all publications provided for in this act shall be
paid by the applicant for license. Pending a final dispo-
sition of such application the “commissioner” may grant
temporary permission to such applicant to transact busi-
ness as a dealer under this act. All such renewals shall be
made as of the first day of January in each calendar year
upon proper application therefor, filed not less than twenty
nor more than sixty days next preceding such date.
SECTION 6373-5. Such license shall be taken out at the
beginning of each calendar year, but it may be issued at
any time for the remainder of such year, and in such case
the annual fee shall be reduced four dollars for each ex-
pired month but in no case shall it be less than ten dollars.
Upon the payment of a fee of five dollars for each speci-
fied agent not named in such license the same may at any
time be amended or supplemented to include such agent.
Upon the written request of such applicant, accompanied
by a fee of two dollars, such license shall be revoked as
to any agent or agents of such applicant, and an amended
license shall thereupon be issued for such applicant and his
remaining agents; and thereafter the applicant shall not be
bound by the acts of the agent whose license has been re-
voked. - Notice of such amendments shall also be pub-
lished as aforesaid.
SECTION 6373-6. Such “commissioner” may at any
time revoke any such license, or refuse to renew the same,
upon ascertaining that the licensee:
a. Is of bad business repute ;
b. -Has violated any provision of this act; or
c. Has engaged, or is about to engage, under favor
of such license, in illegitimate business or in fraudulent
transactions.
No dealer whose license has been revoked shall be re-
licensed within six months from the date of such revoca-
tion.
_ The “commissioner” shall at once lay before the prose-
cuting attorney of the proper county any evidence which
shall come to his knowledge of criminality under this act.
SECTION 6373-7. At least five days before revoking or
refusing to grant or renew, a license, the “commissioner”
shall send by registered mail to the licensee, at the address
named in the application written notice of his intention
so to do, specifying therein the reasons for such revocation
or refusal.
SECTION 6373-8. Any one whose license shall be re-
fused or revoked, or to whom a renewal of license may
be denied, may file, within thirty days thereafter, in the
court of common pleas of Frankkn county, a petition
against the “commissioner”, officially, as defendant, alleg-
ing therein, in brief detail, the plaintiff’s qualifications to
Renewable
annually.
May grant
temporary
permit.
Renewals must
be made on or
before Jan-
uary. first.
License may
be taken out
for remainder
of year.
Minimum
fee $10.
Additional
agents.
Revocation
of agency.
License to be
revoked when.
Notice of
revocation.
Petition for
reversal of
commissioner’s
ruling.
Court’s de-
cision final.
Must file
statement
of condition
of issuer.
92
be licensed and praying for a reversal of the official action
complained of. Upon service of summons upon said. de-
fendant, returnable within three days from its date, but
otherwise made as in civil actions, he shall, within one week
from such return day, file an answer, in which he shall
allege by way of defense the grounds previously assigned
in his notice to such applicant or licensee, and such other
grounds as shall, in the meantime, accrue or be discovered.
All allegations of the answer shall be deemed to stand de-
nied without further pleading and, upon application of
either party, the cause shall be advanced and heard without
delay. Merely technical irregularities in the procedure of
such “commissioner” shall be diregarded and the burden
shall rest upon the plaintiff to disprove the grounds assigned
and specified in the official action complained of. The
court’s decision shall consult only the rights of the plaintiff
and the protection of the public and the “commissioner”
shall prosecute no proceedings to obtain a reversal, modi-
fication or vacation of a judgment rendered in favor of the
plaintiff and in such event, shall forthwith issue the license
applied for. A judgment sustaining the refusal of the
“commissioner” to grant or renew a license shall not bar,
after thirty days, a new application by plaintiff for a license,
nor shall a judgment in favor of the plaintiff prevent such
“commissioner” from thereafter revoking such license for
any proper cause which may thereafter accrue or be dis-
covered.
SECTION 6373-9. Before such licensee shall dispose of
any such securities, within this state, he shall file with
such “commissioner”, in such form as shall be determined
by him, the following information concerning such securi-
ties: If issued by any company,
(a) The name, location of principal office of the issuer
and the names of its officers and directors, or if a co-part-
nership, the partners;
(b) A statement of the issuer, showing, in general
detail, the assets and liabilities, and capital stock of the
issuer, as of a date as late as the close of its last fiscal year,
and of its gross income, expenses and fixed charges, for
one year last prior thereto, or for such time as the issuer
has been in business, if less than one year;
(c) 5. oral oi. s kta cate aes 715 4
ARTICLES OF INCORPORATION —
Sears Np Te ues te ate ek caw bhG eG LAN soos 9743 31
Business must conform to powers granted................... 724 6
Cerincate-ot clerk, copies furnished ..%.....6 62. 650 Cae ce cae ves 9705 24
Perera POeC ret ALy= OF "SCALE: bc ee cords 5 lols. k die sus oe eine oie e wails 9705 24
PR MIEN TIS EACUIE ces gue aw «65 a7 aeionie a sein does 9706 24
Sy I a a aR 9703 23
MEE ERE STOEL ODY, Asis siete csp i sldie wia'esjy piece odov ees 9707 24
ASSISTANTS —
NIDA TERT pera WaT TYG 1172) | eR NA 712 3
RL SR er 716 4
POreO with strom bates. Festrictions. ....- 2.665. ene ee eee eee 717 4
Se Ee en ae ae ne Sa ae 714 3
Le CUP TTC EN Cf nine a tA a a 723 6
een Se ae Dd gene's vo vee od gece naan 713 3
ATTORNEY GENERAL — (See Board of Appeals.)
SitomeOutt THIMer GITECHON Of... 5.2 cece cee eee es genes 732 4
BANKING HOUSE AND LOT —
OO SEIS SESS 2 Ae we ere te 9753 33
Safe Deposit Companies....... INR grLLE adie Put rays FAL Che: 9772 39
Mato enaet cred cust Companies: s). 0.6.0 eka ee ee em 9816 40)
ee Tar thay) cs sigles ris ¥ x wih 'n, Pale ss vile a Rises A eae 9762 36
SN MRR RAT OG oi ticsinink eR now sig seo rye Waid ne vinreih weve eno 9774 47
a
104
BANKS — SECTION. PAGE.
Acceptance of al Nomas dla wi enratincctetteitiomaee ease enn ee 9741 ~ 31
declarations; 55 5 io Ve ew ae oe a Re ead ee - 9742 31
Advertising larger capital than paid inj..24.5532. Af.) es 9745 32
perialty ep eee ie ta en nea eg 9746 32
Avice ef INCOPPOLANON DU yr wee ee ee en ee Cae gee Te 9703 23
amendment to increase or diminish powers............. 9743 31
businiess must.conform ton.
Rate #charced™ 12a oie ie sae solo Bete oneal ore nen ae ee 9806. 79
BLUE SKY. LAW —
Advertisement of securities, misrepresentation............... 6373-18 97
copies must be filed with commissioner. +..2..: 4.4. ..05- 6373-11 93
must state, “not recommended by commissioner”...... 6373-17 97
Agents authorized te act.<.2nck4 Boke eee 6873-5 91
license amended >to. includé 7 2. ue ark ..< e322 weet nee eae eee eee 8705 76
Départment headssand< employes.» 07d; et eee 717 4
Bictitiots: “penalty os. nce y coat 5 Sikh nee eae CPO nee eee 13184 72
Individtals, cor porations,-ete. iit akxsanie eee ee 9754 33
Offitets savings -and. loan* associations... <..0...06 2as4-see ae 9801 78
safe déposit. and “trust companies <3. Scaes eee 9821 Al
BUILDING AND LOAN ASSOCIATIONS —
Exempt iadér “Banking Acts..2 tue ss0 aoe cee ee } ret
q
Exempt under Federal Reserve Act.......i..-s0ecccessrcres 9797 76
CAPITAL STOCK —-
Advertising larger’ than paid “ii. o\n0 <>. wea. ae ..ee § T4445 12
) 9745 32
Amount required for each class of banking wah ak Welceet eabeoor a 9704 23
Books" of “subseription: | 0245 cman ok te ee ee ee 9710 25
Borrawite limit on, SECurityea scones oy ace eee ata ee oan 9705 76
Delinquent Shareholders, salec ots neues ies et ataecceted 9717 26
application: Of apEOCeedS.a7esse eee eee ee 9718 26
Directors anust- own atleast 5 shareewer sr .« cr aneaiog pee 9731 29
Liabiltty. in default: ot anyctrists on ne duet neon ee eas 9777 48
Fifty per cent. paid in before commencing business........... 9716 26
certified to superintendent: c 4 harsh cee oe eee 9720 27
first 10%: pagment 257 7 ss: wasn Sao ele ees 9711 25
partial -payinterits 7% Sched, Pie Se en ee 9716 26
Impaired by cancellation of shares, duty of Supt..../........ 9719 26
from any cause, duty of Supt soe Dae ae eee Reon 730 He
failure:to»make good, duty of Supt. .4 sen nese seas eas - 731 7
Incorporated: banks: must (have. <2... A ctecwe delay aetna 9723 27
prior-to: this act; exémptiotic: 205s comae eae 9793 75
Th ereasecot acco ec Fas Waa eed Wace ple ee 9725 28
safe deposit.and trust’ compatiies*.4..<.sgss4 Peaxeek eee 9838 44
when not’ required. to. eraser wan hit ean aa 9793 15
Private banks not required to: have. . 4. a. «ss coon cee 744-9 13
Retitction of 5 ces ech tes oe eae ORR er a: 9726 28
Sécurity- for: rusts hee oo os ss oe ag ae en 9829 42
Shares of may not be held or pledged................ Pa rc A 9761 36
par. value OF sil pees ee 6 GLa gee nein ee oo ee eee ee a 9703 De
stock record: opén tocinspection =... <> sac at acr eee eee 9738 30
Taken ‘on’ debt.) Sr eek a ee ee 9761 36
Tax on shares:\(see Taxation of Banks Stocks)t) anteaters 5408 68
Tratisfer..and assignment, 7220 heat ws oe ee 9737 30
on“bodks oo... ccc.) Poiganee bee eee 9724 28
Twenty: percent. carried ‘to sarplus7omipeamic asc ce ue en ae 9735 29
Voted, how xe is wi waa Ses 6 Gai dis te ae eg nlc Ee 9730 29
CERTIFICATE —
To begin ‘business, when withheldic ics wean «genet sees ate Oho 27
private Deriles oon CF Gi eis Soereiiwly weve eee ae a ane 744-2 10
publication “chce 5 ee Ae ek Be eee eee 9722 27
Foreign trust ‘compatiiese iis4.0% «oes act bo tech a ne ee 736c 8
Of superintendent to papers used in evidence..............+. 718 4
mae. git ieee
a sn
107
CERTIFIED CHECKS — (See Checks.)
SECTION. PAGE.
_- CERTIFICATES OF DEPOSIT —
Maret USEIIONOE oes Sith oye e eis oc ole c'e ic can ed coe abce us 13183
eee RTP era Se cal ss bev asain vo ews bo > bd va dside es 9769
Dope emai ANSOLVCOE to c:) oo. iho orks Ge ch be cect oth ee wy 744-11
CHATTEL LOAN COMPANIES —
Mele, appointment, GUALINCATIONS. .. 05.0... eens oa cese cee 6346-2
PIppication under Ontay EXPiratiON Pe. ees hes neces’ 6346-2
iano er tise bes Named 10.) eh. kick caw ool eee. 6346-3
SOLE CUES ECO UM ie Crt ea nn car aeerc tier neisutssdl aco eke wes Bes 6346-3
PImBItineh Te CONGILIONS, VANCHY . 0% o> ~ sv cid dew escsvdves cee vc 6346-7
Bond of licensee, approval, renewal, action on................ 6346-2
Borrower, copy of Section 6346-5 furnished each............ 6346-5
entitledi to statementiand receipt. 2.2... 00. .ck ee. cc eee 6346-6
Seema pe ACTED ott oe t's fess eens RY hdc ovale e wee shee os 6346-4
Fees, annual to superintendent of banks..................... 6346-2
inspection, no charge unless loan made................. 6346-5
PEC PURI TS ghey. Scene aa ae oes 38 seem aie ka ote kt 6346-10
Interest, maximum charge, not paid in advance, how cumputed 6346-5
he COME VELOC X CONG Sati rain acta als CPO NG chads ens 6846-8
WEiCeMSCenWNOamMISEVODtALM sess, sae tides Rilo wok ee coh eek, 6346-1
Applicat toLomtist appointiagent:. cs ook see le ewe 6346-2
Pesto On etranster- OF DUSITIESS. oO. (ha., ss ae Foose ode bless 6346-8
CRE In a Re ee Sa a a 6346-10
OMEMOMCE MIA CEECA Cerise metus, See etna ds elas ieee 6346-3
TOR IOXGRU NOt (re 8 Rip ON ne i a ae So ct nee a a { 6346-2
) 6346-8
Paeehioce anniid! INVEesteation, Of. 5 ..)...o sea se. eae es code woe. 6346-4.
PoiMclenmenCnVeCenca Tilt lysietscscerreraiae Seakhtont cateiacconte ameter 6346-2
business transacted wnder name. Of .4.. 0 ok ee cece ek 6346-3
Pa CHARICE Sie UOAIT ne Piva ie Gk sore Sw eee es 6346-
We Mirae NC OTe TOG aa et cade rv Gc tie Sieatie de Uc bwencs dg ea s 6346-
Manager must be named in application............060.00 2 eee: 6346-3
Pew MpeOKet sacl does NOt Apply tO. 5% 24 acerca ccs esas ceveaes 6346-5
Penalty for violation of any provisions of act............... 6346-8
Pipermiteiment Ot banks, Utes: Of 055056. F a cs ac ceo baie be chal 6346-9
CHECKS —
eet MOUNTS 10 (PAW dc cae soos vs eed sweet heen res § 744-10
1 13186
Cortigeduane noe chareed, penalty... 2000. eck e eee eves 13185
Pa eMC RIG TIE ENED OLY a2 c-ce ck Pica cuiss sav nse sce vce oSeeks 13186
Presented for payment without pass book................048 9769
CLEARING HOUSE ASSOCIATION —
Pismo eee PEINEGTIMIATION <2. cobsecls Gc soso courte cesadevies 12898
CLERKS —
MIE TUSE EE MeV OTNC UAL. oh ec cc iy bob acc ves iceiees Ole ees aye 712
PI Ne NA AN oie G, wnzcie a? di aioracs.wieihase"aiergie a Ridin ates 716
ae CS mE eORP ice sree ance Nes, Spiel aal's Noe deco b's Siphee throne «s 713
SME COMIPENS AiO Ot aAllOWEG. sicie crate estes aisle cere arsig alte’ se e's 723
HatinentOukeepusecrets, stalse. report, €tC.... neces es acces 12898
ET OW © Ge DATES fai, 5's soa % sic,skern olals epoite v oe eee wee ee 717
MR Ne eit I ee arti? ho ati pus oi sie wares idosaln e's wes oe as 713
CODE OF REGULATIONS —
URI VIOIN MC AMMIONOMICTIS yf lesb. cee vata soccer nee dete ewes 9709
72
ot
14
71
108
COLLATERAL LOAN COMPANIES —
Capittalt ‘stock 50 atc. 2 AG sas vy in re ee
How loansuimade pe ines saan ate ere BSc aes eR RT fo
Tnstirances®. eid and Sank Nee ee eee ee
Memorandasof- loans: 3 tesiae ode oes oe een
Powers andelimitatvomses c.wceur ne Sinne cet a aarti
Redemption of pledgésic. nw 32s Ae wee te ee eee
Sale of pledges 0 5.. S.50h oes TAN els aaa Ge oe ee
COMMERCIAL BANKS —
Board of appeals, disapproval of reserve sbanksims snes ae
Bonds sloans and investments: vO scans oie eee ee
HowecartiedsOneDOOks cn ntiukests ae eee eae en
Capital “stock “required «1-6 ni able ae saeco
shares may not be held or pledged Diyircaecsae ieeesc ae
taken: om debts.ca.s .staavish erent Sie Phe atae a See ea eae
Capital and surplus, 60% in bank building...................
Commercial and savings bank investments..................
Deposits: in-other than reserve Datiks.<. 7.5.0.5). feta sneer
interest allowed on, payable on demand.................
Discounts notemoneys DOECOWed: mc pono aatsetractte tne tee eae
restricted whenm.reserve low. ose sk ase oe ee eet
Dividends not declared when reserve low...................
Dividend—bearing: Securities !2> 5) s54ecck vec eee ee
Baability:offany: one: person, ct. aa eee cee vo ee eee
Boas 220 Fo | Timtts sey eo cack ars css fot re eee gece eee eta ae
aggregate amount on real estate security...............
deposits in banks: other than reserve... .220. 0... eet ssa om
personal or collateral security 2.2.8). pct yet | eee
prohibited=whensreseeves lOWsee eed eee
80% Ofe ValitesOTSbOnds os ate tomes oie oe aeetenean ere ee ae
60% of value of improved farm property...............
POWERS) Crnd ose okie 3G Rose ee neta te OE Orne one ae ae eee
Real -estatee Holdings Mekal ice cunts eek o otolnca tener ee, ne eee
genieral= résolution of hoards .n cre iar cerca
LM PLOVECmaitd sUNAMAp FO VEG aenete: Manes eerie erste a eee
lease vo fabank sb tulidinoteycctee dale ae eee ee ae ee
mortgage. note investments, limit, -).....0........6. 055.
mortgage on improved farm property.................-
ordered sold in hve weafs:4 ona ceases cae cian Se eee
Reserve neqitirementsoca a. oven: Rica een eee ee eae
depositories subject to approval of superintendent......
faslure. to eStore 57s oc eae eek ac ee at ane ae
Superintendent may order securities sold or charged down...
disapproval’ reserve banks «<'.-c -4 neil es pas Na eee
possession for ‘failure to.restore reserve janie anon oleae
possession for failure to dispose of own stock...........
COMMERCIAL PAPER—
TI TSCOUUED Of eer aaa eal Oran ee rc age
CONSOLIDATION —
Amreementé Of 5.22555 seek, wees ceeuneset ole cle hs eta RC RC Ae
Assumption, of debtseand: liabilities... s.1. .1 aac sod oes nn ene
Capital. stock: 3. vis. 35k tke arco nnte PPI RT ORLA See
COMBITCN SS), cee acialt eae Naru nvenns Rk tet Gee ne
Consentsoh=stockholders:.c. os: ca ae nee oe ee
Creditors cre areas. oo eye se ga ee OT ee ee
Rees, torrhling agreement obo. aaron ence ae nee etree
Of ‘Companies ints asasc olee oten es Ok eee ee ee
Officers“ of; Companys ic ciccoie scheme ithe tec nee ROC aioe:
Procédutke ito xeiect? Gtk Oca moieties EE ene nee
Status ofscompany-aftert aivil.' cin tes ale oe eine tee
Transter otsassets and: liabilitves:s ). v.3 geen is cae eae
MANNEL: “OF oy. ike ae 4's ee Ue es a
SECTION.
PAGE.
109
CORPORATIONS — (See Banks.)
COURTS — SECTION. PAGE.
Administration of trusts under direction of................. 9828 42
Deposits with Safe Deposit and Trust Companies............ 9818 40)
Wien le iste COMPA ie cries hele hake a oe ee eee es 9776 48
PoiventieatiOn: -Ol- THANSACHIONS = cc. 2.5 cd cctes vcs eelaln s ova bone ge 9792 74
DEPOSITORY LAW —
County Funds:
County, award not binding until security furnished...... 2722 56
penalty for violation of law by officials............ 2743 61
Wa EG Mine DOSILO mea COlIG arte hao hou. ice 2745 61
County Auditor, apportionment of interest by.......... 2737 60
monthly statement-of. depository to.........0...... 2738 60
County Commissioners, apportionment of funds......., 2719 56
BW een rd SOROCAR FUMGS fo) on oh owt ts ov os Sake 2718 "56
GOMiP rico HOA ACCOUNTS Fes. wi fa tee ena L oe eens 2740 60
depositories, active and inactive................... 2715 54
when private bank may be designated......... 2715 54
NY pPothecAtiOn Of SSECUTITIES hcsiy Gtie cot se ov eve vs 2734 59
PICTEAGE All ACHVE-MEDOSICSG§ sine Nac sale emerges ones 215-1 56
MOrithivye statements ei UrMIShed:. ss icowac oes as bec ae os 2739 60
MOMCCRAS IMD PORE DICSa sos gion Ser cease Sees 2716 55
QUEM OF DIGS. “A WAL. 55 seeing ee wit tales eae s 2717 55
PE AG VOrtIsemnenits Willett. sh lssice sive ts cited be bit eee e's 2721 56
GECOVEL2 ON: DONG \DYs eas tical a pea ote es ore oe 2726 57
ECIIOV al RO Ted ePOSIL sACHOll ts rien aa okie cr aioe ve PASM 58
County. a reastter.ltability Ot ies ec sees ate Unde ieee 2742 61
exemptctrom liability; whetiactis susie ks. scisre sae 2741 60
no responsibility in receiving checks.....°........ 2744 61
notice to deposit county funds, action............. 2736 59
office in each township to receive taxes............ 2746 61
DED OSIis = terimoralnGLeaSewO fiaisec ies, Ls sate oe aes hes 2715-1 5d
DIAS HeGahe to teil tLereStiomnners cee cots far 6 be eae. 2716 5d
HILETHEStSOle WOW. COMPULCG -. saci oe cae poe oes eae 2737 59
Hi TOs OMG AGED OSICOL Va, fies Seach tone wince oe kook ANS 54
made in banks outside county seat................ 2720 56
may remain three years, conditions................ 2729 58
removal for want of additional security............ 2730 58
SECM ea Pe VOLUCCALLONT Maat yy7e 00M cide Big sine 9 x lo Sct 2734 59
acceppedainoitew ot wndertakine.i 2724 57
cancellations orasurrender) when: 22°... 6 ob nse oie ee 2725 57
failure to execute, award withheld................ 2728 57
HORM CONCITI ONS eODITMA TON Srl > a ccere. » - ozs Sehecerciet te 2726 57
may be given in addition to securities............. 2733 59
STEBETENES! TORN Alyy a8 GIGI CSREES DA a MERE Re ae 2723 56
PEAY COED OSIC Os tet avialars iy 6:06 800» eh eed os len ey 2731 58
Municipal Funds:
Ordinance providing for deposits.......5. cee eneenes 4295 64.
(oo DRE oS Thc Ae RS Pe a ee cn at aa 4296 64
Bact at Tote CEPOSIES ci hove 6 ote bay oe kee Peeing ees WOE 4295 64
mortgage notes may be accepted as.............05. 2288-1 He
PURCASUITER MIS teS1VE DONG, 6 aie isis csale'e Seles were ina tis ee ee ip 4294 64
Municipal Sinking Fund:
Competitive bids, rate, security...... Went Fate Leeper 4515 5)
Proceedings must be public... 2.2... cs cece tee eee betes 4516 65
Reserve deposited in city treasury. ........--s ees eeeeene 1516-1 65
MMGDES EDOSILER Yop CNET) Cat ccm Reviey ver Quer a ease 8) 4515 65
IIo
DEPOSITORY LAW — Concluded.
School Funds:
Bids, terms and conditions, rejection...................
competitive, bond of depository. .......0.......00:.
‘Liabilityof treasurer and boardJAc2. pesca ee eee
Resoliution providing for deposit, limit.................
proceedings on adoption must be public...........
Security tor, fate theasuty >: asecdn » debe Le oe ee een ee 736-2
Payablé on or before Nov. 15th, penalty................... 736-1
Preliminary: examination 3s iis, ven da eras oo te oe oe 736b
Specials oe rei pte eee eae oa ee eee 720
FOREIGN CORPORATIONS —
Transactions limited toloaning moneys: . in os S2 or
SS 00 00
Or 00 GOS
or
He 0 0D OT
LIQUIDATION —
Application to enjoin
113
StIMEhIMALEN GEN beeh Seat es wee oe te ear
Ril vinasmallo Wieder ROLCCLEG sriich irik kes res cee oak oe eee
Ricton O feet CU helene, (kit titans ace tic ee ee
Objection...
eR eMCE SECON Winches Stk or bos ek a Re LSS
MMe POCO CULE) fle Ss ahyc wien eos a sed Feekelha «
Converting assets into cash, orders of court
WaeDOnit, ORAtimuUs SOGUECtEd ec. core nd Pig avo vo eo
Wividendses ooo. eee
on claims allowed after time for filing.................
uncalled for ...
Expense of, publication, approval of court................5%.
Final distribution ....
Final by agent.......
expenses of ....
SUHECESSU Tea. sa an
ale WAV GUE IIE CRIGEISES FX oh ae nis in nF. o 8 ace Nigw tv cw Sloss wi ahenays
Individual liability of
SLOCKMOLUCES He Beart ae Wee rine
Inventory, where filed, open to inspection....................
Datice od traepointiment ,Of TeCEIVEr); 5 oiiicle ccs vce ke cle ee ewes
WUE Srey We ENT ow 9 6 ee ak ap eee Ia a a RA a
Objecsonurtovauowance Of Claim. 2.0, .0.0 ae kine os me
UPSD) Gal jay et 1k oO A SR
SFOCKMOLUEESesIN COLIN Saeco s Skialy nA fare eho te acs Sake hee
Remre INGE GT teeter fia e rt OT ion a echanass heats Ree
to superintendent of voluntary liquidation..............
Possession and liquidation by superintendent.................
PARMAR OreLe STOLE: LESEEVE. ns ony) Cun Peo eb vie ee
failure after notice to dispose of own stock.............
grounds for, corporations, when may not...............
inclading private: DAUKS® 5. cokes ewe eos ep So ates
iAP ACI ERO Y CANI Al Gc? Su), cts ad Sev Pe erste see es
ditesto-cancellation-al StoCkss. <4\fne cose pe aa bores
non-compliance with any provision of act..............
refusal to submit books and records to inspection.......
when in failing or insolvent condition......,...........
IRECELVEL ap DOMME ICH i, VACA LC Usman to as sce oom Fee ebis aioe
PReStuaNMtiOn -Or, DUSiNeSss “Ny. Dati. : wes cas ena ldanstaeead esa
Special deputy superintendent, appointment.................
ond, cettificate:-of appointment... 0 ..ui ce ou. cae eek
ASirteallecl= fOr GEPOSIES nat ciete te ine ee ee Pea ees
LAAN Lay CCMA TATLC LATING Ue ects Sree rse wht kare. crea dae abo aioie ouae
WOMItAnY: BY SEOCKIIOIDCLS 2.) iini es Se chute wh vides win ov O08
‘LOANS —
Approvals of executive committees... s6 vik iba ee vee os ae bats
PROMS astockcoreete-=COMmmMerCla lank rs ann te ake «sade alte Pantieens
sate “deposit companies: . 2... 0s. eck! Ree he oe es
Sate deposit aud trust COMPANIES... Fol wees kee wap bs
fESteinOrtCarexsteammsnip=DOMASan Gas... crease es
UWA LTS Sel Vel Ll beeetaee paren see ter ema cats, Sia He ose oi nes coe Towa ee
county and municipal, bonds: fo..628 6. fos Pee
AEST RINOLECACE-StCATNISMIP se ats a eis eaveldeesiee a se wine lens
MMSE COIMI DEN LG sesm te ore cartes tp ais Sacra cots stk star esc e ance its
Gamo Dov TAC Gs ths WAI STOC CN cn ssieskecncant ioe Sane: a chotetieleliege Weetaberrene
Deposits in banks. other than reserves sa... c ee. ee tess
MAME ANTIOgatO stig act, GPENEG WAL. CvGi ke css viclelet ie wvlee b aseiee e's
Not made to-officers, savings and trust companies............
enn proved. faral DLOperty. enc c ssa cee os eee ote Weta
Wine Densonal or. collateral “security: de. lrakirs. Slee eee oe
Reaimestare scommerciala hanksinn. Atworw. we lereicns Ghia! eta eet ne
BAPE MEDOSITECOMPARICSs ub ics chy sisin as Side vo uRm greene
safe deposit and
savings banks ..
trust companies
*8 B. & B
EMLIGtECOMPALICS wit ioue Gee sc attte ze arn a
SECTION.
742-9
742-3
742-5
742-8
742-5
(42-11
742-9
742-6
[42-7
742-3
742-16
742-4
742-16
742-13
742-14
742-15
(C2)
742-9
742-5
{. 742-10
1 9750
742-1
742-8
742-3
742-11
742-3
9747
742
9760
9761
9772
9816
9762
9774
PAGE.
19
114
LOANS — Concluded. % SEcTION. Pace.
To officers and members executive committee............... 9729 29
Twenty per cent: limit to one person, etc., exception.......... { 9754 oo
9790 74
When reserve low: osc h is pire ea ee a en ea a ar 9760 35
LOAN LAW — (See Chattel Loan Companies.)
LOSSES —
How. computed <4 bei Pn che ea eee rene 9735
MEETINGS —
Anntial of: stockholdets 37:5 svat ae ciate Gat ae ee 9713
Exetutive committee’... $62.64 sack ole tyke tele at aac etal ee ee 9728
Monthlyof board. of directors; . S.cusone ae ee 9727
Stockholders to adopt or change regulations................. 9709
MINORS —
AGCOUNES SOL sib c's Seete 0 RUS ee lo is Te Oe eee ec One en 9770
Deposits-by, how treated). 25 tin. « ee owe ee eee ene 9800
MINUTES —
Meetings executive committee, record of loans.............. 9729
NAME —
“Banksand:. Bankers’. ‘definiedatencneniciene ten eerie seer 5407
Misleading: adopted by bank s..2 ie secce eee ee eee 9706
Unincorporated banks may not use word State in............ 9752-1
penalty Tek oc. bs Pa Wr ha ae oe eee nea 9752-2
Use of word “Bank” or “Trust Company,” etc............... 744-1
Use:of word “The” sand-“Bank soe Company, 2 set ones 9708a
NATIONAL BANKS —
Exchange: of ‘intormation® withiavjcohsceti am pectin ome cee 12898
Powers under Federal Reserve Act... ii vsessccvectes seas’ 9796-8
NOTICE — (See Liquidation) —.
Amendinent-to:reoula tions sas se.ievoodkiines sere ee ee ee 9709
Posting of in-bankingsroomi: ©2458. 5 eerie Oa ee eee 744-5
Reduction of-capitaliistock (eG asi See ee ee atten 9726
Sale of shares delinquent stockholders...............0.0005- 9717
OATH —
PATECOES |. iio FF ES ing FES eek eee ae ee 9732
Examination of bank officers sunder:s,...: ince uscienn nae ee (735
l 9791
Examination under by superintendent or examiner:......... 725
Supertiitendent:! Seer Rhos Sion shat a ees eee an ee ee eae 716
ILO" LEPOEES; Oils COMMIT OI oli a occ execs heenoers fu oe oe eaten pe emer 738
OFFICERS —
Authority to represent bank in law wc: ce a ce ee eee 9791
B Oi Sy Sree oars 355555 See atta soare: ere erm oa eed eRe ene ae 9734
Borrowing ability in savings and loan associations........... 9801
Courts “may-- examine. oo oe eee ok at ewes eee en eae 9792
Techn OL, 4 es sk oes via ok oe, ee RI eee el eer aoe 9713
Embezzlement, misapplication of funds...............-..04. 12473".
Examination underoath cance cs © we hee ct er brainer ae eee 725
False certification: of check,ete., .petialtys.c os ssn se ncen vem 13185
issued when insufficient funds, penalty..............4.. 13186
issued before funds on books, penalty..............2055 18187
Fictitious ‘borrowing, ete: ‘penalty oii o. a. > Peal enna nee ets 13184
Fraudulent and false transactions, penalty...............+.. 13183
€
8
4
a
tt
sj
‘
OFFICERS — Concluded. SEecTIoN. PAGE.
Hee OO ATMA Gere tin iat) cee hore hes SUR in aed Sale ee ea Rees 9729 28
not made to savings and trust company officers........ 9821 4]
ate OL LORE DOGES Ieee ey ica boc oe calsclis ow oman he nce ee 738 9
Penalty for false statements to examiners................... 744-11 14
Receiving money when bank insolvent...................0... 13182 {al
Submission of books and records for inspection.............. 729 7
OVERDRAFTS —
UC TOPSITE SE 7 Tage ae eg ean 9754 33
ThE) OUEST ES ay Tce ee aie Oe Oe eR Chacala 9771 38
renee WR Ree a es. aS 25) GA chou a ss va tale digas val eae c 13186 72
PASS BOOK —
Ree cieIng. A@ANUSL SAVINGS. ACCOUNLS... . 5 mb. dc ccs ee ce saees 9769 if
Ritlee ale Lepulations: Printed: Ifiwc.. ceics ee wc we va cbse we ons 9798 77
ere RAR MPL eS rants t ASSUGier ee > sy ss Dee es bv dowe Sl vou dcdleciak bes 9768 37
PENALTY — (See Penal Statutes) —
Advertisine larger capital than paid ins...) .2...6....cseceae. 9746 32
Annual tee, delinquent payment-Of © ..5.. 6.6 oc. cee cee ee es 736-1 8
Certityine check without funds to_pay::./.... 0.0.0... ce... eas 744-10 14
PUREE TRE COPY Ge Fed reese nae ce eid sora Co ois. we emacs wid 728 7
Pixcess-meerest-or- discount Charges... 5. sbi k ieee oa lee es 9806 79
Failure to make report of condition on call.................. 741 9
Failure to furnish information to Supt. of Insurance......... 627-3 74
Padure.to return bank stock for taxation. 2.0.4... .60. neon ee 5414 69
EG) SDENV AEB CES) slg Cele cag ac Pee Ae at oe a 5672 70
Failure or refusal to appear and testify..................0.. 726 6
False statement or report of bank officials................... 744-11 15
Receiving commissions as agent in sale of securities......... 6373-13 94
Unincorporated banks using word -“State” in name........... 9752-2 33
Violation of law relative to unknown depositors............. 9870 82
Niamstion provisions Depository laws: i.c.s.e. <6 6. cas Chee 2743 61
Miomimon: provisions of Blue Sky” Act..2.. 0.00.06. lee 6373-20 98
Niolaiion provisions- Chattel Loan’ Act.; 0.0.2... cade .ess coe 6346-8 87
PENAL STATUTES —
isertincd check tatlure to: Charves. di.ec. Unik. ces ace Saas 13185 72
issued when insufficient funds.................e..0- 000. 13186 72
issued before funds to cover entered on books.......... 13187 73
Ghecice Manculentiy Gta wiser > ye s0 Suess ted se dea cans ered 13193-1 73
Beteoa tonya stalse Statements ac. sies o's ost oie & veo, cet! ainerd vo nad 13383-1 73
POAT Eee TRE INE SOE Ge ee ooik Datecode tne ece a os ahh G a Coe ncbrgee Yor 12478 71
Batlure 40 Keep Secret AMTOPMAtON: << cod ek see Seo beam las 12898 71
BIso- LeMmovaleinOmeolicesprviaccn Mun eaten eae ee we wekers 12899 71
Pale statement Or mimancial CONCILION. os.c ciese ess keen ced 13184 72
PICS DOETOWING “OL ATIONOY a. chess ox one ao vb a ee se oie wae ge we 13184 72
MiPamanient and. falsGatPansactiOnS.’. i. .4.cee ceva chee cs cteeus 13183 72
Teteatiar and ‘aflawitll (ransactions.....0i. cesses sce ke eae es 13187 73
Receiving money, checks, etc., when bank insolvent.......... 13182 71
PRELIMINARY EXAMINATION —
IB POSSU TSP ARE UGCA 24 Beye dese cep ERI Ca NEO ee 9720 27
a Re AB leet nc FOL G eiales 9S wos vie o-5i0 bela Nie es 736 8
PRIVATE BANKS —
REPO LIE NOE aegis sd) e 5 Np'chs ade 'e. vip ocsieia We. eiese wine ee v0 744-13 15
Remit loctoeri nO LECUITEH, oc i sc lk th ec Agee alee lle eee ea eeee 744 9
NOATISMATIC IM VESEMIONTS oe vee Gate ihitine cwieleies eee sees oe 744-9 13
may not advertise larger than paid in.................. 744-5 12
Co er ECG D4 na I 144-3 11
Certifying check without funds, penalty...................-- 744-10 iF
Depositors have first lien on assets......-.......005-- ee eeees 744-6
116
PRIVATE BANKS — Concluded. SEcTION. Pace.
Detailed-statement: hledswheresess a ia. eee eee ie 744-2 10
Examinations made under: Section-/30 yan ee 744-13 15
Frees atin tral soo tases Sac aten ade cn ee ae 736a 8
preliminary must be paid before authorized............. 736b 8
Name; use*of word'Bank, etCcs . cuanto ee eee 744-1 32
use of word State, penalty SLR FP y coe os © Ue a { 9752-1 32
; : ( 9752-2 33
Notice shall-be- posted: in banking= room... 21. fe iene eee 744-5 12
Officers making false statements, entries, etc., penalty........ 744-10 14
Possession by superintendent, grounds for................... 744-4 12
on failure to comply with any provision of act.......... 744-8 13
when in a failing or insolvent condition.......:.......:. 744-13 15
Pablieviunds rienttoe bid forgo. eet ee ee f 744-12 15
E271 54
Reports not required to be published....7................... 744-9 13
fMled=withrsuperintendent > sack ashame tea ee eee een 744-7 13
Hispection: O1,-hy- PUBNC is soir. « dns Dandiiesee ie ere eR 744-7 13
Reserve; owekeptie.c-* case ae on RO ee OLE See 744-6 13
agents-approved by superintendent... . So nsec ses. eb ek soe se Sen Pies
RPO OL ete SER ER ese LR ears Poe aR hig alt anaes wae
esiQinneninnid transter Ole sac sh. Sack acl ie he eo clas
increased by preferred or common stock...............
paid in full before commencing business...............
SEC itt ever KOLAR EDU Sho meee agen Picss A ear eo oy cove o sears ena a hale
ren percent i one. loan of ‘Security... 0. 6. ee eee.
Wot PRC OR te GEN GN RAISRAL Ney Vin reeks Pn Sag Sie anew de ard grade elearpes
may order investigation UR Re ae CUR OAR Ne ois Mh heron MRO
Pr ARITA. OP ELI AS Ses code «2. oe nnd Gienae Hee Ow Oe
em eIOI (er eOINGILOL .OL (StALC. 55 occs cee aie vin py Also dys Se ae
Investment in bank building and vaults...........-.......-..
in stock of gas and electric light companies.:..........
eS NESS SCGS Saiy 10ed 'o n C0} Ca) ps a A Se
Loans, may not be made when reserve low................--
IO MCU LO ROME C EIS neers A itis foveniapett cs nkevouee oyoor bi sng
Hired CCMCUEN ee SLATS PEM EINES tolere. «otc eresceh Soleil arco vecaleleine oo « elpeajes
Nereiiiieacessteamsiip DONKS. nc. seks ee ee os Pens
Pe MTR Rye kare Cnc pie lo wie cRNA + + > oie new ovate ay
[PLONWITETEGSS fF SAR Aneel OIE CCAS TOTO RAGA RE ERD are PRO CIOL Marton
Real estate taken on debt must. be sold.......0....... 5.00005
’ Reserve requirements, dividends paid when.................
ter reli Creve acy ects nes Ns yale e cle a's bl mete a ewe * oct
MER EPA TCT ae nth ea a hw sta Ya, Sag seh ob wielche © Cg es Sei A
tat SEC Get l teaked CLI Cat aves ros ok cht ceros Sr asetene Iaiia) aro’ s fn ik tei whois, Stately suchen; Hrapseirs
Trustee, appointment, under order of court.................
detailed statement with state auditor...................
Heclana tore OmdiuiclenUso DY caves. Guede aeper-e ies Sete ldare anne
GOI Pre AS GSC al enact oo
niistatitids; snotaiminoled. with OtheD. .2cvc. ssi. sciieirese wots les
MRE CHIC GSN tons. ie ete Cat secu oe whe eV abie ods
RRC em BETO AT OUT IN: 4. heats Ris Alotryraatols am 0 w.eigce stole «Pree x eMar e ©
SECTION.
(
9836
9835
9816
9841
9829
9827
9821
9820
9822
9821
9841
9816
9821
9827
9829
9819
9817
9828
9834
9836
9826
9832
9831
9825
PAGE.
SAVINGS BANKS — SECTION. PAGE.
Accounts“of “minors, - socvee reer ee mations aes 5 Saas 9770 37
Capital stock =. Swe ce ot od pes Oe “9704 23
Certificates: of deposit... G3. wa a, on ae 9769 37
Commercial paper; bills:of exchange; etc../c.. .1<+.5.5.eeee 9771 38
Deposits;” interest-O0 2 cece Sia atte ek te ae ee eee oe blo 36
term's. prescribed by boards .5 sneer sek ee eee 9767 37
Discounts not held to be money borrowed Lia MER Ce eee 9771 38
Tnvestmenits,* real sestatOsone te en ee 9762 36
other-:-thansreal@estate: css. ieee fe ie ee a eee ee 9765 37
Loans, 20% limit to ONE PETSOM Tc mie eole Grn. ere Ss saeemeae 9771 38
Teal. AStATEr hess. cee See Re Re atten i ee 9762 36
Recurity, O1AUIt’ ech chee chiefs eee cee ee ' 9765 37
Oveérdrafts.. included in total: liabilityc3 eerie es cana pete ee 9771 38
PASS HOOKS es aee eos Was a cts ae ee aaa Rae ea oe ae ie eee 9768 37
checks presented for payment without................. 9769 37
Reserve vedutrements): cA. oss 01-7 cere ae eee ae 9764 36
below legal Innit. cidicces ce. ck eu ee oe eee 9766 aT
AEDOSITOFIES 5.00 7. SY tas wa ea eae 9764 36
Superintendent may order securities sold................4-+. 9765 37
Total jiability Of: any. one person. sacs ahs oe ee ee ee 9771 38
SAVINGS & LOAN ASSOCIATIONS —
Capital stock: xe er ee er Ee eh ee ae 9704 23
advertisémentt-s ii... sae ae we ee See a eee 9806 79
distribution of; merease:<.. vo saws se oe eee 9804 78
Deposits teceived ands held: owes cen a ast eee ene 9803 78
DY. -TTEROES cele are po eae ees eee ope ae ee 9800 78
Discounts and interest, excess charge, penalty............... 9806 79
not ‘considered-money: borroweds...2,. 0-0 sesneoneen eee 9807 79
Dissolution, ‘ distribution, of; assets, oe sos ta. cee reser 9809 80
investments; limit on: difterenteclasses is. acne eee ee oe ones 9805 79
Ist mortgage steamship bonds..............-0+.e00++es 9813 38
Officers, borrowing limit, may not act as surety............ 9801 78
bonds Of Steaks oe ees 9799 78
Pass hook, what. shall-containsa.4: Acces 6 Re eee Gee 9798 77
Realeestate holdings 14:22. ee eee 9802 78
Sucpluss fund > te Se ea ae ee ae ee 9808 80
qT otal diability.of any> one. Derson.c ce ee ee eee 9807 79
SAVINGS SOCIETIES —
Charter, may continue business under original............... 9815 39
granted under -actsofilSOi, OxeGess.m.e oa Satan eek ane ee 9854 47 t
Laws “governing: occa anche See DC ante ie 9855 47 ¥
Operations ‘limited *.:) 7 7280 a TLR os eae egr te eee ee 9853 47 ~%
PO WEES. Se LEV ohn whee bl ebahiee a! ny Bact ato ah meena ection alee orate a 9850 46 ql
REPOS tO KAUdifOTr >: say a wee eee ae ee ea ee 9856 47 3
TRUST COMPANY — q
Capital,,stock required. 5c -s cv one Cee ae ee oe 9704 23
Gourt ‘may order investigation of. trust 4.2.0, eo eens 9792 74
Deposits: by order .of “cotirt). - face SS ete ee 9776 48
collection, interest, withdrawals... i.) Apoyo ees we 9779 48
bag
TRUST COMPANY — Concluded. Section. Pace.
WOansealae tr vestmentsy SECUrITICS fi. fo. sheen. oon cee ul. 9781 49
LiFORD AUG INDUE “og OFS te ote CHONG rae ae RRO y AEC ee 9782 49
EAMES TALC Bhs tse has CSS, oro SPO rie Re ET PR Re 9774 47
CAS TATSETNELD, BOVOT SS (Real ace ENS nee ae Oar in a ae eC 9784 49
EEF LS co cn tate ee ro a 9785 49
a ae ere COUIONT elitr csc Sirs ace ee Sie asie debe sicee wks 9783 49
a acenemitay Nano Wee oil lara al atc hbase casper adhe cokers ie ets 9792 74
1B YUH ETERS SE IS ico Canc MRE ERE oT nee ashe ea 9775 AT
“PASTE anc trio eich oO te eRe CRE hn ca 9787 50
Superintendent may order securities sold................... 9781 48
PAIS AG ONG I NI acim: ay. OlGe=- Wi llCTs yack tos ok a reinet Sark wciee wine 9780 48
drusecdepartnent kept separatevand- apart. ..05 ec. ch coe. 9786 50
MSPUSHe LULL Goa Ove aM ACCU ete. hte wiesoaia anak Ava kecdoalat ea bas 9788 50
TOMA LEROLMOUGteLE Dt Gen pulcusces Meneame wine athe kane 9789 50
UNKNOWN DEPOSITORS —
Painalecdse postions? GePGSItS: pairs sess cata ns hae Seta ae ake 9868 81
Peal perctaranure. te comply with law. ooo. e saa. vans eke ees 9870) 82
Permanent record in office of probate judge................. 9866 81
ECOL GIN OM COS en MRT ORE eT ee aed regis ote: High S oreiettn a rate 9867 8]
(RST yal ETS a IMC FST ac ange oan ea lS OM a 9869 81
REeport-to- propates mdse canirnally oy ccs. teases etek de erh wont 9864 80
Who considered “Unknown Depositors,” when.............. 9865 80
WVIAGCGANGY, —
Ee NOALGsOi: CILECLOLS: HOW -ILeGs ia. cn othe ss ened hte 9733 29
INDEX BY SECTIONS.
SECTION. PAGE. SECTION.
CT bp Ee ROS Wer ee aN S Me Ry ee PP sete
SSC CON re to ie ties fae a BO. > TO Clore ee oe ee oe
RRS amet te Bite inca ek SRE oe Pe eee ie! Sms
Bai SS ers seen cee pene Bc.) WAG ns oe ree ee
BOM te tik derate me eAN op Pceg Eh seen? = ease Pn ete) Se Stace
Baratae (otter ah vane seihee BY = Das ee ce ge oe ae
Bie el pet te eae eae Be PPA OC ie Se ee nae oe
SOP A Sa ee eS Bis ta SADIE noe eee ies Gene eo
BOR goo ye Haan yeas 1h oes Bd ESS ie es en em
AS ack SOE eae Mev SO Mmoeay / OF Neate eis Nike ool athens
ok a RR a TonOp at Saed BO 6 TAD 10s. ake are ere eae
IO uae ore EOE aa area a emer Co ei eames Me ag eie Se Ste
CTE Diab Shae aaron as. BO. 3 94D 19 5 eee eee
Dee eRe peepee rot Mee. A Cee ee on torre OD Or
Ph seed es eee 505 SYA td 2 Se ed is ee
Gated Ce 8 hie ol ae BB. G40 18 Nea ee cg See
Bote eco et. | eran eee 5S ~ “GAO 167) ee ag eto
Ley LP AOR SO EOE BERR el: ae Ba <7. Pk “at coe aca eae ot ai
BAT Aehy n oeae eee ee REY peu eee ait on ye
Bate B Cott: ca Acca eee NE es Ba. FRA ee eee eee
(OE prea alts So ae oe te CR a ree VB ea i ae are sre
TSA pear rae Waco Ste a eae oe eRe Kat rs ooh cos oe
MAL coe a te BAS AAS oe ee ee ae eae
RNAS Beas eee ee CEE? = anes ae pero ett = S* S,
yo ek meee Nr URES ee 4 OPM”, Ue ee
re Ge ek eek akg heroics hee 1, Ua ar) Oy Sa ae Si es Ah =
CO LIREE A a < eae ea ed a8 Oe NEN 8 ened Bo Gh ones eee
AT pin keen, BRAS en en ce eee
fia Cage) Spica RRR Foes oc BARAT Onc rie ane ee eae
ete ee es ee Bie PARTS ae Sa Rae igo eee
DERE ee ae SOE RNS it lots 2 BOE pg oes. 5 oS ane ee ee
Gielen er: 6. eae here ee VERO VRC Vn tae ee.
ti 8 amano eta A di OBR | ay eee
TEES ee aed eo tte i | ene A Rie
TS ah aE Sg A’ DORE! on ie ea eager ee
1A Se ee Spin BARS O aaae SEES Ao: ARTE te ee ee ae
Rete «ete ae, ee PA VALS Rape oie pine ese SS
(Lr rein, Ne GEE ERT ORE I Reamer Ripe ce
WN ee eee Se 6. OUT
ph otek A a aaa IRE 6 DUIS eS oe eee
LETRA E> MOR a ae aa 6. OR19 i eae eee
Eee ees oe ee ee aS 6°. (ONBO™ 2: iach ae eee are
FEL SAE Re SES Es Sse Re Clee etre yi be
OR cee hs Rea ee es CD fee en Sa See
Ue ea ER a Ae ay RP Ree RA) oc
1 EERE MOR ema t+ 2S EE) a ME EN 5:
Hote oa, 1 aS oe BE 1p Oa rN Ghee eS
ee, Oe a. i eee A TRG. , dae en ee ee
Pemeees oie Shi o, che, he ene Bs, (2787. nc a
WSR. amit, Se ee 9 OTOR a ee
BAG iS ce ie ey, ee M ONOG s,s, cae ace eee
(GL Aa tere ste MRC ote AC D780 0. cy
TERRES i ol og teen teeth Ss ORI! aw eee
Le ee A SE Soe IO Oe (7 OM RT Rea ie
AOS Css ca eee ag ye 9 SO78R ee
ERE ARAN 3 OOO ES Oe 9. Ugh te ae aa
OD ig fects os ee ie 9 DSi As acdsee ee
CRANES aie lcleipee Gone nae > = 0. 9786-2. 5c
Ue 2 eo eee eee 9. O7B7- vr. aya eee eee
123
SECTION. PAGE.
EPrints weet ao iiteae Leia aie 6S 5 ach 60
SE ae Oi ee ee 60
| ae Se IOS I Se a a 60
(EL RCE Ree RN Sa tn era 60
ert iree ete hore Ke Po ates o's « 60
Mem N OCT Sop cian SE GUE cae ha vs + « 61
ol Ri 2S A tae Fae a > 61
LAL Oe are ae acts Bo ea ae gee 61
Pear BAe dione Saas woe x eles 61
ae ae eae FP rant can ececdcs thw poe nse 5) + 62
Tau RR RR a oon a Se ee aC 62
“Le EP eRe eel: ee eee ar a 62
ODES A Sigg oF ce ie nia ea 62
We SRO Aa tote chee toe pstorsroidvens io 2 = 63
2 EL SB os a A te ee ae 63
PP eae S ae Sanh do 5° tarsi Cece s,s 63
Ree cere tari. Pee ui Me sie o gohan 63
sic) oan ee Oe apie Rae ee mee aan 64
© SSE ONES eg a PI 64
ey ears clue eae eae oS S te 64
Belge etek 8G ek Ps ink Tas 65
SR oh Aine EEO deed ae 65
Pe Rare nS ee sk so hdls Ssh 3's 65
PIO elitist eadid Point arte ee< ae Cc ee 67
Be ee Rate Danson wisn oe es Sede os 68
NNR ra os Fale als. Sp srs Soe oye ass 68
EL 3 RR ee 68
aM oetels Sito ska: Asie e ede ena sees 68
1S Fes ae ORC ae, cana Sol 68
ete Snes Sa URE ieee al 9 ont os BY 69
Meee Mieharnes instr Se Cees hate we apwcchey « 69
Pere Erect en tanihe Se ara pal ne oe TS 5 69
EROS CAS er eee ets chains aes 69
RE ees ahs wae tad oe ek S 70
8 CONSE RAE cg eR pa aE 70
OOA Bois mee PE ice pie a SO Oe te gee 70
© LESS SENT POI lS AE Gere oa 69
NEAT ET apes NE Ghana, so» 70
OAR c On ain eee N ai ais Bl Sine a Fs 70
MPO: Ag ost oa Seat yuo ters inc of one's (W'
SUR RS RRS ing Caan age meas 83
RABE Ss ashe er bak rat eee fate 83_
LAO SDA ak eae 84
EE as Rede pt Pb oe Bess 85
a aa Rare Ae a Wts os ks gems: 85
DM te Se mae Se ose fo aid Saas 86
ee ey poke ate can 86
Ds ccs g ots Slay seh Sf aie * 87
a eee ea for Sea's neat. 87
CENT 1) OS Gap i See OR ae 87
MPa Rites wince Ph iisigs Salas cove 88
Co ne ONS eg Poe a Ee a 88
ios ni Cite once sors aes 89
ee et tone ka ce leew eee 90
i a aaa Be nie 91
SM RRER NEN Pant Pc 7 neces eee: 91
MO de rdcata niet RCTs oo x 50 Mw ve 08 91
(TE es SER es 91
RMR emre RRC Yt AE) ita gv a x os 92
TOE DENSE CAS OP a oa aera 93
° lyoot Dee ioe a ee 93
igo te SUE E SSCS S SORES VO arg ga 93
SPIN cin bevel dicks e's o.e e ¥ 0p 94
DS pale Ae Si ea 94
Re ar ae Rate Meee oa sinse oak 95
(OSS a a Se a 96
SE OEE ES irdi ec Emr tov ewe 97
SECTION. PAGE,
DOV OGIOS i eae ton $0 dete SAREE 97
AIG se US SRR CRE Ren Reape 98
NG SRD oe BEHRENS Ge er SNe Sse 2 98
SE CN OS PRR tN oe antanet 4 98
TS LY ens ee Seip a ied eg eae 5 OE 98
PE Nor Ne oe A EEE 98
Rel cade Gal Se ss soe he no aS 99
Maio neta tare «i, alt sires: see 66
OU Mar ean reulavinecir vcs ccee cal tea me 66
Acs ORGY, ale © eer ar nena eR ae ros Sob 66
Eee a ate Aided Ar nee 66
DONO Rectan einer Ha Eco eee 67
| SUB SS AS Ce SRD eee rp mRO At 67
BUDO Sa R Son Sie NolSinch 2 cbuabnor Rae a Om 76
TO td Se eee LRA EN ar eae APT 23
Serenata inlay Bric 2 ks on 23
CI SOEY "Og POR Aare See ae CE SY 23
ELS A Rt a APO Eesee OPP PES 24
= 1TTSL SH a a ae Re IR AR i 24
DOM aes ares iss Sate Rae Ee 24
Ea aed Sethe a ation: ckrie scion, See oe ee 24
LIST aod oe Sg ho ap RA aa 25
«LA Boot SRR IR COE Sw ane Ce cea 25
Sele tenance Ai. baldscs tans 25
Deemed er s Od Os ate nce wi cil e Revnne tee 25
Pile Mamie tage eecre Tip ooo et aeet 25
GEN EE SRN ALE te ree ort Me HOM, 25
Gy eH xo FEY Soo ct aco anal Ree Co PaO 26
SA GUUS. Ae eS RE aR an OR at ae AGS Pa 26
Eee ars See Pete a AAS 26
idl naete rad HB seer ar so hee ee 26
A AS RIE gE Te Eas 26
CR CMe Sects DAS paige aes ote fae 27
Ean. a Melee Mann Moe + cee 27
Ba eS Sorte allow Bip ie HE 8 27
RRR e a ett te Ie 2 alee PH ee eee 27
A pe Rant Pon ee OP we neath PER ae PES © 28
Le RAE Pian ap Re Ie a 28
LU ren Nein eh Oe REY oe tne Ba eae 28
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