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18?

"
BOARD OF GOVERNORS
Of" THE

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FEDERAL RESERVE SYSTEM

S-601

WASHINI3TON

ACCREBB CF"F"ICIAL CCRREBPDNCENCE
TO THE BDARC

....
December

23, 1942

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...

Dear Sir:
TherE; is enclosed for your information and gulclr.:.nce copy of
a memorandum dat.ed Dec~ber 10, 1942, signed by Col. John C. Mechem,
Signal Corps, U.~).A,, scttlng forth the procedure to be followed with
respect to the purchase by the V~a.r l.iepartment o.f the guaranteed portion of guaranteed loans. Vie are advised by Mr. William A. Coolidge,
Acting Chief, Finance Section, Navy JJepa.rtment, <md by Mr. B. B.
Griffith, Assistant to Director of Finance of the Ma.rit.ilile Corrmuss:ion,
that the procedure out,lineci in the har Department memor:mdurn of December 10 is satisfactory to the Navy Department and the Maritime Commission.

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The Navy Department has also advised us that the written de-mand for purchase of principal c:illd interest subr:d.tted by a financing
institution must contain sufficient information to identify the loan,
end state (a) the unpaid principal amount of the loan on the date of
the demand for purchase, (b) the a.'Uount of interest dtw and unpaid on
the date of the dem«nd for purchuse, (c) the percentag~:J of trH:i: loan to
be purchased, und (d) that the statoments contained in the written demand are correct cmd just. It is as.:.:umed that in rnost cases nt lec.st
a financing institut.ion vrill be in touch with you prior to the submission of a formhl demand for purchr~se und that it will be a simple matter for you to tell it to .include the above data :iii. itu written demand .
If the written demand as submitted doeB not contain all :3uch ini'orme.tion, t,he fi:<:.i.VY Department rcl_ucsts tb<:..t you follow the procedure specified in the enclosure herewith and in addition proceed im;nediately to
obtain ~-. str:.temant from the fin:Jncing institution which vdll contain
the above information. Three copio~> of the revi&ecl stat.E;ment from the
fin~.ncing institution cont;::tining the information ~ipe·~i.fied J.bove should
be forwarded to Wa.shington by [;.j_r mn:il as soon as received, ~:nd wire
advice of its mailing should be protiptJ.y tranr.mittud to the Board.
Statements in the .fol"!il outlined above in the co::we of the Navy
Department will be sntisf:j_ctory to both the Whr Department and the
tc!roRY

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Maritime Comrn.ission, but we have been advi0ed 1nform&lly by representatives of the h'ar Department and Mari.t1rne Commission that <1 demand for
purchases received frora & financing institution which is in such form
as, in the oplnion of your co1.ms<:~l, conditute~; <m effective demc:;nd
under the t ermn of the guarantee c;grcement wLU be sufficient .

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L. ? . Bet bee:,·'
As:.d.::;b.1.nt Secretary.

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}~nclo.:::cu·c

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c 0 p y
WAR DEFART:tviENT
HEADQUARTERS, SERVICES OF SUFFLY
WASHUGTON, D.C.

SPBFJ-

December 10, 19L12

J!'El:ORANDU1.':

From the War Department to the Board of Governors of
the Federal Reserve System •

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Procedure ·with respect to Furcha se of Guaranteed Forti on
of Guaranteed Loans.

1. It is requested that the Board of Governors notify all
Federal Reserve Banks of the procedure set forth in the following
paragraphs v."i th respect to the purchase by the War Department of the
guaranteed portion of guaranteed loans.

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2. Upon receipt of written' dem:md by a financing insti tution that the 1J'lar Department purchase the guaranteed portion of a
guaranteed loan, pursuant to section 1 and any other applicable
sections of the cuara.:otee ar,reement, it is requested that the Federal
Reserve Bank prepare a statement setting forth the followinE:

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(a.)

Name and address of borrowsr •

(b)

Number of gua ran te ::':l a. gre>Jment.

(c)

~aximum amount of loan specified in

guarantee arre0ment.

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(d)

P0rcent guaranteed •

(e)

l'a turi ty.

(f)

Interest rate.

(g)

Guarantee fee.

(h)

That v.Titten dem:tnd· for rurch:tse was
rec"li ved from ( ins''rt nam,:; and address
of financing institution) on (insert
dQ to).

( i)

Amount of loH.n outstandir;c on date of
receipt of demand for p1;rcha so •

190
,

lv:einorandum to Board of Governors

(j)

s-6ola
December 10, 19h2

Computation of amount to be paid to financing
institution:
(1)

Guaranteed portion of outstandint loan

(2)

Accrued interest to (tenth
day follo-,.-.rin!; receipt of
written demand, except if
tenth day is not a business day, then to the
next suocecdirc business
day)

$_ _ _ __

Total ( rr::pr~'sonts funds to
bo mado available to
Federal Reserve Bank)

$_ _ _ _ __

( 3)

.

(k)

Pae_:e
2

(h)

Accrued guaru.ntoe fee to
(same dat~~ as (2) above:
to be deposited by Federal Reserv0 Bank vdth
Treasurer of thB United
St.~ tos in \lSual ms.nr1~r)

( ?)

Amount to b.; paid to
financing institution

-------

$

Wh.eth<~r or not to the b·')st of its knowledge

and belief there has be·:m any violation of the
guarantee agreement or bad faith on tho part of
the financing institution.

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(1)

...

(m) A request

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\"t'heth·~r

or not to tho b•Jst of its knowledt;'J and
bo;.;li.:;f thHr3. has be::n o.ny default by tho borrower
in complying with thfl t:;n~s of th~; loan.

tN~t funds in th~ amount shown under (3)
of subpc.ragraph (j) above be plu.ced c.t its dispose.l not lab r than oro day prior to the dz:.~ t3 to
which accrued int~·:r')st tmd accrued guarantee fee
hav<'l h3-:-m computed und';r such subparu.graph.

(n) A certificat0 f1.S follows, "I certify that to tho
best of. the knowledce :md belief of tho Federal
Res~rvo Bank of
the above bill
is correct and just o.n-.d~th:-:-t..-·t~......p_,ti_y_m_e_n~t thor,:Jfor has
not bean recoived. 0

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Memorandum to Board of Governors

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~'cembor 10, 1942

As soon as the above data ha.s be'm pr:parrJd by the F'oderal Roservo
Bank it should be tru.m;mitted by v.i.rf3 to tho We.r D·.;pcrtm,mt through
the B_oe.rd of Governors. At tho same timo three copies of th:J above
ste.bment executed by a.n authorized officer of the Federal Reserve
Bank and three copies of tho written d<Jrnand received from thG financing institution bearing; the following, "I hereby certify thc..t the
for:;going is a true and correct copy of a letter received by th8
FodorG.l R"serv•a BG.nk of
, on (insert date)''
and signed by an authorized officer of said Bank, should be forwarded
by m':.lil to the V\Ta.r Departm·ont through tho Bourd of Governors.

3. Funds will b8 r.nde available to the Federal Res~rve Bank
throut.h 8. wire from the Tre!lSurer of the United States authorizing the
Brmk to charge the Treasur')l"' 1 s account for th·3 spocifiod amount, In
order to identify tho payment the wire will sta. t8 the narrD of the f'inr;.ncing institution, guu.rantee agreemont numbr)r £md date of the Federal
Reserve Bank's statement.

4. A copy of th·'l voucher (Form No, l03t) relating to each
purch!lse "~Nill b:'· forwarded to tho Federal Rcsorvo Bank by the Finance
Officet United States Army, Washington, D. C, Ea.ch voucher will be
sta.rped a.s paid a.nd will show the Disbursinr Office Voucher Humber.
5· In ea.ch case a. t the tir:e of r;;a.kinc payment the Federal
Reserve Ba.nk should r•otify the financing insti tutior. in writing tha. t
such payment does not constitute a. waiver of the rir;hts of the War
Depa.rtmer.t under section 12 of the cuara.ntee agreement. One copy of
the noti fica. tion should be forwarded to the War Depa.rbnent.
6. 'I'he Federal Reserve Bank' should notif'y the War Depa.rtmmt
throut,:h the Board of Governors when pa.ymen t has been r.a de to the
firancing; institution. Such notificatior: should set forth the name of
the borrower, number of guarantee agreement, a.Ptount paid, da.te of payment, and name of financinr; institution.

7. Pursuant to sectior 2 of the c,ua.ra.ntee agreement t;he
financing institution will ::ndors0 the oblie:;-a.tion and assign the
colla.t~:ral to th~: Federal Res•.>rve Bank a.nd cive the notification
required by such section. The Federal Reserve Bank will deliver a.
certificate to tho financir.g insti tuti or evidencing its interest, if
a.ny, ire the loan, A standard form of certificate to b:J used by 8.11
Federal Reserve Banks is attached herewith. Except in special cases,
where the War Department will advise the Federal Reserve Bank, it is
coritempla ted that the financing in[;ti tution will continue to hold the
obligation and collateral as a.t;ent of and for the account of the War
Department to the extent of its interest.
8 • Repayments on account of principal ( includinc accrued
interest purchased) of' lQanl!l of which the r::;ua.ranteed portion has been
purcha. sed by the 1/1hr Department should be deposited by the Federal



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Memorandum to Board of Governors

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'December 10, 19L2

Reserve Bank to the credit of the Treasurer of' the United States.
Advice with respect to such credits should be made on Form 6599. One
copy should be for~~rded to Lt. Colonel Carl Witcher, Disbursing Officer,
Firance Office, United States Army, 801 Channing :nace, N.E., Washington,
D. C., and ~o copies to the War Department (Advance Payment and Loan
Branch, Fiscal Division, SArvices of Supply) throui_:;h the Board of
Governors. Th9 advice should be noted on the reverse side that the
deposit represents a rApayment of funds advanced for the purchase of the
g\1aranteed portion of a guaranteed loan and set forth the name of the
borrower, date of purchase and Disbursing Office Vouch·;r Number,

9, Interest accrued subsequettt to the date of purchase and
paid to Federal ResGrve Banks should be handled in th8 sare manner as
guarant':)O fE~es. Advice with respect to such procedure is contained in
a letter dated lvay 8, 19'-·2 from tho Diroctor of the Fiscal Division to
the Board of Govornors.
10. The administration of loans subsequent to purchase of tho
guarantet'd portion will be hundbd by tho financin[ insti tutior ovming
tho tmgue.ra.nte-')d portion, subject to th: sup·'Orvi sian of the Federal
Reserve Bank as agent of the War Department. At tho time of makinr: paymont to th,-, financinr institution or within a r:Jasonable r.eriod thoro•
aft2r, it is requested that tho Federal R~;s~Jrve Bank nuke O.VLi.ilabla to
the V'·far Departm€)nt a surnrtn ry of all rccert information within its
knowledge r"la ting to thn fir..ancial condition of' the: borrowr;r e.nd the
progr'.'SS of the loan, which it has rec"'ived fron, the financing, insti tution in accorde"r..ce with the provisions of S•3Ctiorl 8 of the~ [;Uara.ntec
az.ror,lne'l"'t or othorv;iso. In tho casE; of loans in dofaul t or loans on
which default is threatonod, thf) War Dopartmc::nt should also bo inform.;d
as to thn steps proposnd to be tak.':'n in connection with the liquidation
of the lo&n 3.!1.d the subsequ'mt progrE>SS of such steps, Special instructions nay b" issued by the War D(;partmor:t iF certain casos, including
lOO'fo gun.rc..nte·'1d loans purchas0d and lO'ctnS pt1rcha.sed pursuant to section
7 of th8 ruar:;;.nt:le agreement •
War Dopt:•rtm.?.nt of the United

St~~ tes

...
John C. Mechem
ColonGl, Sigr:r;:..l Cor:rs
Chi•;f, AdvancG f'r.;.rmer:t :...r:.d Loan
Branch
Fi seal Division

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PARTICIPATICl~

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CERTIFICATE HJRSUAl'iT .TO GUARANTBE AGREEl'ENT

Pursuant to section
No.

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dated

---

oft\ cert!l.in cue.rent::;o o.gre•Jmcnt

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191-1_, between

-----(Name and aadress of Financinc Insti tutior0.:..·--(horeinafb,r C!:tllod "Financirr, Institution'') and the W£tr Dq:artment
of the United Sta. t1.1s (hort:lir>a rt~:r culled the "Guarantor"), tho FodGral

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·----(hereir.a ft:Jr

called "Rasorvo

Be.r.lr 11 ) , as fiseal ar;er.t of the United States, has been notified ~y
the Financinc Institution that it has endorsed to the Reserve Bank
the followinc described oblige. tion or

obli~;a tions

of

---

(Name and address of Dor.rower)
that it has assicned the collateral therefor to the Reserve Bank, and

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that it holds said obligation or oblirations and collateral therefor,
in ac,_ordance 1Nith said sectior
Principal Amount
OriGin~l
UnFaid

Date

--- of said cuarantee agreement:
Interest Rate

lf.a. turi ty

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Pursuant to said section

of said guarantee agreement

and subject to the t'7rms and conditions of such acreement, the undersi~ned

thereby certifies tha. t the Financint; Insti tntior is the m•.'!1er

of an u n d i v i d e d - - - - - - - - - per cent ( _ __.%) interest ir_ the
above described obligation or obligations •

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194

s-&n b
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Nothin[ hereir contained shall constitute a

r~pr3senta-

tion or warranty on tho part of the Guara.ntor or th3 Res(:lrve Bank
as to the genuineness or validity of the above

describc~d

obli(.&tion

or oblir,e.tions or as to the amount of rrincipal or the an1our..t of
accrU•:ld. interest outstanding 1:1nd unpaid at ar..y time th'3 reon.
Thr:J rights

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repr.~s~ntod

by thir. certificate an non-

trar.sferable, except by operation of law or with tho prior written
consent of thf; Guarantor.

In th·:J evor.t of any such transfer, this

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C•'3rtificat·'>. shall be surrendered to the Reserve Bank for cancolla•
tion, ar!d a new certificate vd th

approprin.t'~

be issued by the Res.,rve Bank to such

chang:)s th•Jrein shall

transfer~e.

Vnless and until

this certificat•; has been cancelled and superseded by st:ch n;;w cor-

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tificat'.'.l, the Guarantor and the Reserve Bank may treat th<.J :Financing
Institution as above na.mE;d for all purposes as

th~)

sole own:;r of tho

IN 1JUTNESS WHSREOF, the Guarantor has ct:..used this certificate

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to be

si~;nod

by its duly nuthorized agent this

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--- day

of

19!~_.
THE WAR DEFARTL'Bl': T OF TEE U:NI '!'ED STATES

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By

Federal Rosorve Bank of

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As Fiscu.l Ag·;r,t of the United Stat~~s

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By

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