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S-119
Reg. H-13

BOARD OF GOVERNORS
OF' THE

344

FEDERAL RESERVE SYSTEM
WASHINGTON

ADDRESS DF"F"ICIAL CORRESPONDENCE
TO THE BOARD

October 14, 1938.

Dear Sir:
There is inclosed for your information copy
of a letter which is today

beir~

sent to Mr. Fleming,

President of the Federal Reserve Bank of Cleveland,
advising him that a State member bank which desires
to engage in the small loan business will not be required to obtain the permission of the Board under
the general condition of membership.
Very truly yours,

Chester Morrill,
Secretary.

Inclosure.
TO 'l'liE PRESIDENTS OF ALL IfEDERAL RESERVE BANKS




345
S-119-a

Reg. H-13
October 14, 1938.
Mr. M. J. Fleming, President,
Federal Reserve Bank of Cleveland,
Cleveland, Ohio.
Dear Mr. Fleming:
Reference is made to Mr..
's letter of September 30, l9j8,
advising that The
Savings & Trust Company,
,
, :proposes to amend its articles of incorporation so as to perrr1it the bank to
engage in "special plan banking" and recommending that the Board approve
the proposal under the provisions of the general condition of membership
to which the bank is subject, which provides that, except with the permission of the Board, the bank shall not cause or permit any change to
be made in the general character of its business or in the scope of the
corporate powers exorcised by it at the time of admission to membership.
According to Mr.
's letter "special plan banking" is the term used
by the (State) Statutes for small loan business and it is noted that the
banking laws of that State permit banks upon suitable amendments to their
articles of incorporation to establish departments for the transaction
of business of this type.
The Banking Act of 1933 made Morris Plan banks and other incorporated banking institutions engaged in similar businuss eligible for
membership in the Syst~m and during recent years commercial banks to a
noticeable extent have broadened their activities to include the making
of small or personal type loans, and have established separate departments to facilitate the functioning of such business. While m1ch ~x­
tension of activities may to some extent constitute a change in the
general character of the bank's business and in some cases, at least,
involve a change in the scope of the corporate powers exercised by the
baclt, the change is not felt to be such as would come within the intent
of the genera~ condition of membership.
Accordingly, banks desiring to engage in flUCh activity· ·will
not. be required to obtain the permission of the Board under the general
condition of membership. It is assumed, of course, that in such cases
any necessary approval of tho State authorities will be obtained and
that the business 'V'dll be conducted in strict accordance with the applicable State laws.
Very truly yours,
(Signed)

Chester Morrill

Chester Morrill,
Secreta~J.