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388

BOARD OF G O V E R N O R S
OF THE

FEDERAL RESERVE SYSTEM

S-Z.,.06
Reg. F-29

WASHINGTON
A D D R E S S OFFICIAL C O R R E S P O N D E N C E
TO THE BOARD

December 15, 1941

Dear Sir:
There is enclosed for your information a ruling by the Treasury Department, dated December 9, 1941,
together with the Board's reply thereto, on the investment ty member banks of Common Trust Funds in United
States Savings Bonds.
In this connection your attention is called
to the Board's ruling of June 2.3, 1941, S-272, (F.R.L.S.
#4101.1) as to the periodical valuation of such bonds
in the assets of a Common Trust Fund.
Very truly yours,

L. P. Bethea,
Assistant Secretary

Enclosures 2
TO THE PRESIDENTS OF ALL FEDERAL RESERVE BANKS




389
TREASURY DEPARTMENT
Washington

5—4-0o—B
Reg. F-29

December 9, 1941

%

dear Mr. Wingfield:

]My attention has been called to your request try telephone that
you be advised of the position taken by this Department as to whether a
Common Trust Fund, established and maintained in conformity with Section
17 of Regulation F of the Board of Governors of the Federal Reserve System, may be considered a duly constituted and wholly independent trust
estate and, as such, entitled to hold United States Savings Bonds without regard to any such bonds held by participating estates. It is understood that you propose to call the matter to the attention of the
member banks of the Federal Reserve System.
Where a national bank or other financial institution, duly authorized to act as a fiduciary, has established and maintains a Common
Trust Fund in conformity with Section 17 of Regulation F of the Board of
Governors of the Federal Reserve System and as recognized in Section 169
of the Internal Revenue Code, if authorized under the laws of the state
where the institution is located, this Department will consider the Fund
as a duly constituted and wholly independent trust estate within the
meaning of Section 315.2 (c) (2) of Treasury Department Circular No. 530,
Fourth Revision, as amended. Such a trust estate may hold United States
Savings. Bonds for which the fiduciary form of registration is authorized
in the full amount of the established limit, as prescribed in Section
315.4 of the circular, without regard to any such bonds held try participating estates. Savings Bonds of Defense Series F or Defense Series G,
the only series of savings bonds now on sale which may be registered in
fiduciary form, purchased with funds held try a Common Trust Fund so established and maintained, may be registered in substantially the following form:
"
Trust Company of
,
, trustee of Common
Trust Fund under Declaration of Trust approved ty resolution
of the board of directors adopted
(date)."
The Department will appreciate your calling this matter to the
attention of the member banks of the Federal Reserve System.
Mr. B. McGruder Wingfield,
Assistant General Counsel,
Board of Governors of the
Federal Reserve System,
Washington, D. C.




Very truly yours,
(Signed) D. W. Sell
Under Secretary of the Treasury.

390
3—/f06—"b
Reg. F—29

December 15, 1941

Honorable D. W. Bell,
Under Secretary of the Treasury,
Washington, D. C.
Dear Mr. Bell:
This refers to your letter of December 9, 1941, addressed to Mr. B. Magruder Wingfield, Assistant General Counsel
to the Board, advising of the position taken qy the Treasury
Department as to whether a duly established Common Trust Fund
may be considered a wholly independent trust estate and, as
such, entitled to hold United States Savings Bonds without regard to any such bonds held ty participating estates.
In accordance with your request, we expect to bring
this ruling to the attention of the member banks of the Federal
Reserve System by publication in the next issue of the Federal
Reserve Bulletin.




Very truly yours,
(Signed) L. P. Bethea
L. P. Bethea,
Assistant Secretary.