Page:United States Statutes at Large Volume 48 Part 1.djvu/219

 73d CONGRESS. SESS. I. CH. 89. JUNE 16, 1933 . 193 to the provisions of other laws applicable to officers or employees of the United States. The funds derived from such assessments may be statusorassessmente. deposited by the Comptroller of the Currency in accordance with the provisions of section 5234 of the Revised Statutes (U .S .C., title 12, R.s., sec. 5za4, p sec . 192) and shall not be construed to be Government funds or lo12. appro pria ted moni es ; and the Comptroller of the Currency is u.s.C., p. 271. authorized and empowered to prescribe regulations governing the computation and assessment of the expenses of examinations herein provided for and the collection of such assessments from the banks and/or affiliates examined. If any affiliate of a national bank shall fusing ~to' permit ex- r e f u s e t o p e r m i t a n e x a m i n e r t o m a k e a n e x a m i n a t i o n o f t h e a f f i l i a t e a m i n a t i o n r or shall refuse to give any information required in the course of any such examination, the national bank with which it is affiliated shall be subject to a penalty of not more than $100 for each day that any assessment of penal- such refusal shall continue. Such pen alty may be asse ssed by the ty . Comptroller of the Currency and collected in the same manner as expenses of examinations ." SEC. 29. In any case in which, in the opinion of the Comptroller Resumption of busi- ness, by closed associa- of the Currency, it would be to the advantage of the depositors and tion, unsecured creditors of any national banking association whose busi- ness has been closed, for such association to resume business upon the retention by the association, for a reasonable period to be prescribed by the Comptroller, of all or any part of its deposits, the Comp- troller is authorized in his discretion, to permit the association to consent of del'osi- f .Consent etc . resume business if depositors and unsecured creditors of the associa- tion representing at least 75 per centum of its total deposit and unsecured credit liabilities consent in writing to such retention of Powers of Comptrol- deposits . Nothing in this section shall be construed to affect in any ler not affected . manner any powers of the Com ptro ller under the provisions of law in force on the date of enactment of this Act with respect to the reorganization of national banking associations. SEC. 30. Whenever, in the opinion of the Comptroller of the Cur- Violations of law b y offic er, etc ., of national rency, any director or officer of a national bank, or of a bank or bank .' trust company doing business in the District of Columbia, or when- ever, in the opinion of a Federal reserve agent, any director or officer of a State member bank in his district shall have continued to vio- when continues un- safe, etc ., banking prac- late any law relating to such bank or trust company or shall have tires. cont inue d un safe or unso und prac tice s in con duct ing the busi ness of such bank or trust company, after having been warned by the Comp trol ler of the Currency or the Federal reserve agent, as the case may be, to discontinue such violations of law or such unsafe or unsound practices, the Comptroller of the Currency or the Federal to Certification of facts reserve agent, as the case may be, may certify the facts to the Fed- er al Reserve Board. In any such case the Federal Reserve Board may cause notice to be served upon such director or officer to appear before su ch Board to sh ow cause why he should not be removed co py to be trans- from office. A copy of such order shall be sent to each director of mitted . the bank affected, by registered mail. If after granting the accused after hearing . director or officer a reasonable opportunity to be heard, the Federal Reserve Board finds that he has continued to violate any law relating to such bank or trust company or has continued unsafe or uns ound practices in conducting the business of such bank or trust company after having been warned by the Comptroller of the Currency or the Federal reserve agent to discontinue such violation of law or such unsafe or unsound practices, the Federal Reserve Board, in its discretion, may order that such director or officer be removed from era,Py of removal office. A copy of such order shall be served upon such director or offi cer. A copy of such order shall also be served upon the bank of which he is a director or officer, whereupon such director or officer