View original document

The full text on this page is automatically extracted from the file linked above and may contain errors and inconsistencies.

99

BOARD OF GOVERNORS
OF" THE

FEDERAL RESERVE SYSTEM

S-418

WASHINGTON
ADDRESS OF"F"ICIAL CORRESPONDENCE
TO THE BOARD

J 8..>.'1Uar'.f 3 , 191;2

Dear Sir:
Enclosed is a copy of a tel•'3gram
regarding section 8(c) of Regulation

iv.

A

copy of this telegra1a has already been tele-

graphed to yot-'.1' :3ank unde2· d3.te of December ·
~20,

1941.

'.Tery trul7 yours,

L. P. Bethea,
Assistant Secretary.

Enclosure

·ro

THE P.R.BSIDF..t\11'8 OF ALL FEDEi:\.AL RESERVE B.AllKS

-·

100
S-418-a
December 20, 1941

(Addressed to a Federal Reserve Ba..'1k}
Y o1lr wire December 5. A borrower w~:10 hae contracted
to pay 18 mol~thly ins";jalments of ~$25 each and wbo b~womes four
months past due in the middle of the contract :nay borrow $100
from another lender on an lb-month basis in view of t.he fact
that section 8(c) refers onl.v to "r·etire" a..'"ld n.ot to "reduce".
Hmvevur, the original lender could not lend him ~~100 v;it.h ·,;f!ich
to pay t}:le past-duE;; L1stalments since t~a.t wo~d be in effect
a lengthening of the maturity of the original loa.."l ;"fithout a
statement of necessity.

If the four payments were at the end of an 18-month
contract the loan bJr the new lender wuuld be to "reti:reH and
therefore co'..~ld not be made without a statement of necessity.
If the past due payments were ir1 the Illiddle of the
18-month contract, the nev; lender could not take over the entire contract without a statement of necessity. The ne-;-1 loan
could not be made under section 8(b) i::oce;.use ti1e past due instalments and the instalments :1ot yet due .~u~e not two separate
obligations. The new loan could ;:lOt be maJ.e vdt::1 t:1e entire
outstanding ·1:-Jah.nce divided into equal faonthly instalments over
the remainder of the original 18 months' maturity beaause that
would haYe the effect cf revising the contr;.:~ct so as to make
the last instalments substa..."ltiall;r great8r thm the earlier
instalments.




(Signed)

Chester Morrill