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FED ERAL R E SE R V E BANK OF NEW YORK r Circular N o. 3 5 3 5 "1 L January 31, 1950 J R E G U L A T IO N T OF TH E B O A R D OF GO V E R N O RS O F TH E F E D E R A L R E SE R V E SYSTEM AS AM EN DED TO JU LY 20, 1949 T o all M em ber Banks in the Second Federal Reserve D istrict: Enclosed herewith is a printed copy o f Regulation T of the Board o f Governors of the Federal Reserve System as amended to July 20, 1949, relating to extension and maintenance of credit by brokers, dealers, and members o f national securities exchanges. The enclosed copy of Regulation T incorporates the changes in the regulation made by Amendment No. 8, effective May 1,1949, Amendment No. 9, effective May 16,1949, and Amendment No. 10, effective July 20, 1949, which are the only amendments since the last printing of the regulation in the form as amended to A p ril 1, 1948. The Supplement to Regulation T, effective March 30, 1949, remains unchanged. Additional copies of the regulation and supplement will be fur nished upon request. A llan S proul, President. B O A R D OF G O VERN O RS OF T H E FE D E R A L RESERVE SYSTEM EXTENSION AND MAINTENANCE OF CREDIT BY BROKERS, DEALERS, AND MEMBERS OF NATIONAL SECURITIES EXCHANGES R E G U L A T IO N T As Amended to July 20, 1949 IN Q U IR IE S R E G A R D IN G T H IS R E G U L A T IO N A ny inquiry relating to this regulation should be addressed to a national securities exchange o f which the person making the inquiry is a member or the facilities of which are used for his transactions, or, if this be not practicable, the inquiry should be addressed to the Federal Reserve bank o f the district in which the inquiry arises. In the event that an official o f an exchange desires information as to any such ques tion, he should make inquiry o f the Federal Reserve bank o f the district in which the exchange is located. N ote .— A mendments N os. 1 through 10 are included in this reprint. II CONTENTS R e g u l a t io n ........................................................................................... Page 1 S e c . 2. D e f in it io n s ................................................................................................................ 1 S e c . 3. G e n e r a l A ccounts (а) C ontents o f general a cco u n t................................................................. (б) General rule................................................................................................ (c) M axim um loan value and current m arket v a lu e .......................... (d) A djusted debit b a la n ce...................... ................................................... (e) Liquidation in lieu o f d e p o sit.............................................................. (f) Extensions o f tim e ................................................................................... (g) Transactions on given d a y .................................................................... (h) Unissued securities...............................................................'................... 2 2 3 4 4 5 5 5 S ec . 1. S cope of Se c . 4. S pe cia l (a) (b) (c) (d) (e) ( /) (g) (h) A ccounts General ru le................................................................................................ Special om nibus a ccou n t........................................................................ Special cash a cco u n t................................................................................ Special arbitrage a c c o u n t...................................................................... Special com m odity a cco u n t.................................................................. Special miscellaneous a cco u n t............................................................. Specialist’s a c c o u n t.................................................................................. Special subscriptions a cco u n t............................................................... 6 6 6 9 9 9 10 11 S ec . 5. B orrow in gs b y M e m be r s , B r o k e r s , and D ealers (a) General rule................................................................................................ (b) Agreements o f nonm em ber b a n k s ...................................................... (c) Borrow ing from other cred itors.......................................................... 12 12 12 Se c . 6. C er ta in T echnical D etails (a) A ccounts o f partners............................................................................... (b) C ontribution to jo in t a dven tu re......................................................... (c) Guaranteed a cco u n ts.............................................................................. (d) Transfer o f a ccou n ts................................................................................ (e) R eorganizations.............................. ......................................................... (J) T im e o f receipt o f funds or securities............................................... (0) Interest, service charges, e tc ................................................................. (h) B orrow ing and lending securities........................................................ (1) C redit for clearance o f securities........................................................ (j) Foreign cu rren cy..................................................................................... (k) Innocent m istakes.................................................................................... 13 13 13 13 13 13 14 14 15 15 15 S e c . 7. M iscellaneou s P rovisions (a) Arranging for loans b y oth ers............................................................. (b) M aintenance o f cr e d it............................................................................ (c) Declaration as to purpose o f lo a n ...................................................... (d) R ep orts........................................................................... ............................ (e) A dditional requirements b y exchanges and cred itors.................. 15 15 16 16 16 A p p e n d ix ...................................................................................................................................... 17 III R E G U L A T IO N T As Amended to July 20, 1949 EXTE N SIO N AND MAINTENANCE O F C R E D IT B Y B R O K E R S , D E A L E R S, AND M EM BE R S O F N ATIO N AL SE C U R ITIE S EXCH ANGES SECTION 1. SCOPE OF REGULATION This regulation is issued by the Board o f Governors of the Federal Reserve System (hereinafter called the “ B oard” ) pursuant to the Securities Exchange Act of 1934 (hereinafter called the “ A ct” ), par ticularly sections 7 and 8 (a ) thereof, and applies to every member of a national securities exchange and to every broker or dealer who trans acts a business in securities through the medium o f any such member. SECTION 2. DEFINITIONS For the purposes of this regulation, unless the context otherwise requires: (a ) The terms “ p erson ” , “ m e m b e r” , “ b r o k e r ” , “ d ea ler” , “ b u y ” , “ p u rch a se” , “ sale” , “ sell” , “ secu rity” , and “ b a n k ” have the mean ings given them in section 3 (a ) of the Act, pertinent parts o f which are printed in the appendix to this regulation. (b ) The term “ cre d ito r” means any member o f a national securi ties exchange or any broker or dealer who transacts a business in securities through the medium o f any such member. (c) The term “ cu stom er” includes any person, or any group of persons acting jointly, (1) to or for whom a creditor is extending or maintaining any credit, or (2) who, in accordance with the ordinary usage o f the trade, would be considered a customer o f the creditor. It includes, in case the creditor is a firm, any partner in the firm who would be considered a customer of the firm if he were not a partner, and includes any joint adventure in which a creditor participates and which would be considered a customer o f the creditor if the creditor were not a participant. (d) The term “ registered security” means any security which (1) is registered on a national securities exchange; or (2) in consequence of its having unlisted trading privileges on a national securities ex change is deemed, under the provisions o f section 1 2(f) of the A ct. to be registered on a national securities exchange; or (3) is exempted by the Securities and Exchange Commission from the operation o f section 7 ( c ) ( 2 ) of the Act only to the extent necessary to render lawful any 2 R E G U L A T IO N T S e c s . 2 ,3 direct or indirect extension or maintenance o f credit on such security or any direct or indirect arrangement therefor which would not have been unlawful if such security had been a security (other than an exempted security) registered on a national securities exchange. (e) The term “ ex em p ted secu rity” has the meaning given it in sec tion 3 (a ) o f the Act except that the term does not include a security which is exempted by the Securities and Exchange Commission from the operation o f section 7 ( c ) ( 2 ) o f the Act only to the extent described in subdivision (3) o f section 2 (d ) o f this regulation. SECTION 3. GENERAL ACCOUNTS (a) C ontents o f gen eral a ccou n t.— All financial relations between a creditor and a customer, whether recorded in one record or in more than one record, shall be included in and be deemed to be parts o f the customer’s general account with the creditor, except that the relations which section 4 permits to be included in any special account provided for by that section m ay be included in the appropriate special account, and all transactions in commodities for or with any customer shall be included in the special com m odity account provided for by sections 4 (a ) and 4 (e ). During any period when the supplement to this regulation specifies that registered securities (other than exempted securities) shall have no loan value in a general account, any trans action consisting o f a purchase of a security other than a purchase o f an exempted security or a purchase o f a security to reduce or close out a short position shall be effected in the special cash account pro vided for by section 4 (c ) or in some other appropriate special account provided for by section 4. ( b ) G eneral ru le.— A creditor shall not effect for or with any cus tomer in a general account any transaction which, in combination with the other transactions effected in the account on the same day, creates an excess o f the adjusted debit balance of the account over the m axi mum loan value o f the securities in the account, or increases any such excess, unless in connection therewith the creditor obtains, as promptly as possible and in any event before the expiration o f three full business days following the date o f such transaction, the deposit into the account o f cash or securities in such amount that the cash deposited plus the maximum loan value o f the securities deposited equals or exceeds the excess so created or the increase so caused. A transaction consisting of a withdrawal o f cash or registered or exempted securities from a general account shall be permissible only on condition that no cash or securities need to be deposited in the ac S ec. 3 R E G U L A T IO N T 3 count in connection with a transaction on a previous day and that, in addition, the transactions (including such withdrawal) on the day of such withdrawal would not create an excess o f the adjusted debit balance o f the account over the maximum loan value o f the securities in the account or increase any such excess. Rules for computing the maximum loan value o f the securities in a general account and the adjusted debit balance o f such an account are provided in sections 3 (c ) and 3 (d ), and certain modifications of and exceptions to the general rule stated above are provided in the subse quent subsections o f this section and in section 6. (cl M axim u m loan value and cu rren t m ark et valu e.— The maxi mum loan value of the securities in a general account is the sum o f the maximum loan values o f the individual securities in the account, in cluding securities (other than unissued securities) bought for the ac count but not yet debited thereto, but excluding securities sold for the account whether or not payment has been credited thereto. <Except as otherwise provided in this section 3 ( c ) , the maximum loan value of a registered security (other than an exempted security) in a general account shall be such maximum loan value as the Board shall prescribe for general accounts from time to time in the supple ment to this regulation, and the maximum loan value of an exempted security shall be as determined by the creditor in good faith. X o collateral other than registered securities or exempted securities shall have any loan value in a general account. A warrant or certificate which evidences only a right to subscribe to or otherwise acquire any security and which expires within ninety days of issuance shall have no loan value in a general account; but, ii" the account contains, in addition to such warrant or certificate, the security to the holder o f which such warrant or certificate lias been issued, the current market value of such security (if the security be a registered security) shall, for the purpose o f calculating its maximum loan value, be increased by the current market value o f such warrant or certificate. For the current market value o f a security throughout the day of its purchase or sale, the creditor shall use its total cost or the net proceeds o f its sale, as the case may be, and at any other time shall use the closing sale price o f the security on the preceding business day as shown by any regularly published reporting or quotation service. In the absence o f any such closing sale price, the creditor may use any reasonable estimate o f the market value o f such security as of the close o f business on such preceding business day. 4 R E G U L A T IO N T Sec. 3 ( d ) A dju sted d ebit b alan ce.— For the purposes o f this regulation, the adjusted debit balance o f a general account shall be calculated by taking the sum o f the following items: (1) the net debit balance, if any, o f the account; (2) the total cost o f any securities (other than unissued securi ties) bought for the account but not yet debited thereto; (3) the current market value o f any securities (other than un issued securities) sold short in the account plus, for each such security (other than an exempted security), such amount as the Board shall prescribe from time to time in the supplement to this regulation as the margin required for such short sales, except that such amount so prescribed in the supplement need not be included when there are held in the account securities exchangeable or con vertible within a reasonable time, without restriction other than the payment of money, into such securities sold short; (4) the amount o f margin specified by section 3 (h ) for every net commitment in the account in unissued securities, plus all un realized losses on each commitment in unissued securities and minus all unrealized gains (not exceeding the required margin) on each commitment in unissued securities; and (5) the amount o f any margin customarily required by the creditor in connection with his endorsement or guarantee of any put, call or other o p tion ; and deducting therefrom the sum of the following items: (6) the net credit balance, if any, of the account; and (7) the net proceeds o f sale o f any securities (other than un issued securities) sold for the account but for which paym ent has not yet been credited thereto. In case the general account is the account of a partner of the creditor or the account o f a joint adventure in which the creditor participates, the adjusted debit balance shall be computed according to the fore going rule and the supplementary rules prescribed in sections 6 (a ) and 6 (b ). (e) L iqu id a tion in lieu o f d e p o s it.* — In any case in which the de posit required by section 3 (b ), or any portion thereof, is not obtained by the creditor within the three-day period specified in that section, securities shall be sold or covering or other liquidating transactions • This requirement relates to the artion to he taken when a customer fails to make the deposit required by section 3 (b ). and it is not intended to countenance on the part o f customers the practice commonly known as “ free-riding" or “ three-dav riding” , to prevent which the principal national securities exchanges have adopted certain rules. See the rules o f such exchanges and section 7(e) o f this regulation. S ec. 3 R E G U L A T IO N T 5 shall be effected in the account, prior to the expiration o f such threedav period, in such amount that the resulting decrease in the adjusted debit balance o f the account exceeds, by an amount at least as great as such required deposit or the undeposited portion thereof, any result ing decrease in the maximum loan value o f the securities in the account. (/) E xten sion s o f tim e.— In exceptional cases, the three-day period specified in section 3 (b ) m ay, on application o f the creditor, be ex tended for one or more limited periods commensurate with the circum stances by any regularly constituted committee o f a national securities exchange having jurisdiction over the business conduct o f its members, o f which exchange the creditor is a member or through which his trans actions are effected, provided such committee is satisfied that the creditor is acting in good faith in making the application and that the circumstances are in fact exceptional and warrant such action. (g ) T ran sactions o n given d ay.— For the purposes of section 3 (b ), the question o f whether or not an excess o f the adjusted debit balance o f a general account over the maximum loan value o f the securities in the account is created or increased on a given day shall be determined on the basis o f all the transactions in the account on that day exclusive o f any deposit o f cash, deposit o f securities, covering transaction or other liquidation that has been effected on the given day, pursuant to the requirements o f section 3 (b ) or 3 (e ), in connection with a transac tion on a previous day. (h) U nissued securities.— The amount to be included in the ad justed debit balance o f a general account as the margin required for a net long commitment in unissued securities shall be the current market value of the net amount of unissued securities long minus the maximum loan value which such net amount o f securities would have if they were issued registered securities held in the account; and the amount to be so included as the margin required for a net short commitment in unissued securities shall be the amount which would be required as margin for the net amount of unissued securities short if such securities were issued securities and were sold short in the account: Provided, That no amount need be included as margin for a net short commitment in unissued securities when there are held in the account securities in respect o f which the unissued securities are to be issued, nor for any net position in unissued securities that are exempted securities. Whenever a creditor, pursuant to a purchase o f an unissued security for a customer, receives an issued security which is not a registered or exempted security, the creditor shall treat any payment by him for such issued security as a transaction (other than a withdrawal) which 6 R E G U L A T IO N T S k cs. 3, 4 increases the adjusted debit balance o f the account by the amount of the payment minus the amount required to be included in the adjusted debit balance o f the account, at the time o f and in connection with the purchase o f the unissued security, as the margin required for such purchase. SECTION 4 SPECIAL ACCOUNTS (a ) G eneral ru le.— Pursuant to this section 4, a creditor may estab lish for any customer one or more special accounts. Each such special account shall be recorded separately and shall be confined to the transactions and relations specifically authorized for such account by the appropriate subsection o f this section and to trans actions and relations incidental to those specifically authorized. An adequate record shall be maintained showing for each such account the full details o f all transactions in the account. A special account established pursuant to this section shall not be used in any way for the purpose o f evading or circumventing any of the provisions of this regulation. If a customer has with a creditor both a general account and one or more such special accounts, the creditor shall treat each such special account as if the customer had with the creditor no general account. The only other conditions to which transactions in such special a c counts shall be subject under the provisions o f this regulation shall be such conditions as are specified in the appropriate subsection of this section and in sections 2, 6 and 7. (b ) S pecial o m n ib u s a ccou n t.— In a special omnibus account, a member of a national securities exchange m ay effect and finance trans actions for a broker or dealer from whom the member accepts in good faith a signed statement to the effect that he is subject to the pro visions o f this regulation (or that he does not extend or maintain credit to or for customers except in accordance therewith as if he were subject thereto) and from whom the member receives (1) written notice, pursuant to a rule o f the Securities and Exchange Commission concerning the hypothecation o f customers’ securities by brokers or dealers (Rule X -8 C -1 or Rule X -1 5 C 2 -1 ), to the cffect that all securi ties carried in the account will be carried for the account o f the customers o f the broker or dealer an<} (2) written notice that any short sales effected in the account will be short sales made in behalf o f the customers of the broker or dealer other than his partners. (c) S pecial cash a ccou n t.— (1) In a special cash account, a credi tor may effect for or with any customer bona fide cash transactions in securities in which the creditor m ay— S ec. 4 R E G U L A T IO N T 7 (A ) purchase any security for, or sell any security to, any cus tomer, provided funds sufficient for the purpose are already held in the account or the purchase or sale is in reliance upon an agree ment accepted by the creditor in good faith that the customer will promptly make full cash payment for the security and that the customer does not contemplate selling the security prior to making such paym ent; or (B> sell any security for, or purchase any security from, any customer, provided the security is held in the account or the creditor is informed that the customer or his principal owns the security and the purchase or sale is in reliance upon an agreement accepted by the creditor in good faith that the security is to be promptly deposited in the account. (2) In case a customer purchases a security (other than an exempted security I in the special cash account and does not make full cash p ay ment for the security within 7 days after the date on which the security is so purchased, the creditor shall, except as provided in the succeeding subdivisions o f this section 4 (c ), promptly cancel or otherwise liquidate the transaction or the unsettled portion thereof. (3) If the security when so purchased is an unissued security, the period applicable to the transaction under subdivision (2) o f this sec tion 4 (c ) shall be 7 days after the date on which the security is made available by the issuer for delivery to purchasers. If the security when so purchased is a “ when distributed” security which is to be distributed in accordance with a published plan, the period applicable to the trans actions under subdivision (2) o f this section 4 (c ) shall be 7 days after the date on which the security is so distributed. (4) If any shipment o f securities is incidental to the consummation o f the transaction, the period applicable to the transaction under sub division (2) of this section 4 (c ) shall be deemed to be extended by the number o f days required for all such shipments, but not by more than 7 days. (5) If the creditor, acting in good faith in accordance with subdivi sion (1) of this section 4 (c ), purchases a security for a customer, or sells a security to a customer, with the understanding that lie is to deliver the security prom ptly to the customer, and the full cash p ay ment to be made promptly by the customer is to be made against such delivery, the creditor may at his option treat the transaction as one to which the period applicable under subdivision (2) o f this section 4( c) is not the 7 days therein specified but 35 days after the date o f such purchase or sale. 8 R E G U L A T IO N T S ec. 4 (6) I f an appropriate committee of a national securities exchange or a national securities association is satisfied that the creditor is acting in good faith in making the application, that the application relates to a bona fide cash transaction, and that exceptional circumstances warrant such action, such committee, on application o f the creditor, m ay (A ) extend any period specified in subdivision (2 ), (3 ), (4) or ( 5 1 o f this section 4 (c ) for one or more limited periods commensurate with the circumstances, or (B ), in case a security purchased by the customer in the special cash account is a registered or exempted security, author ize transfer o f the transaction to a general account or special omni bus account and com pletion o f the transaction pursuant to the pro visions o f this regulation relating to such an account. (7) The 7-day periods specified in this section 4 (c ) refer to 7 full business days. T h e 35-day period and the 90-day period specified herein refer to calendar days, but if the last day o f any such period is a Saturday, Sunday, or holiday, such period shall be considered to end on the next full business day. For the purposes o f this section 4 (c ), a creditor may, at his option, disregard any sum due by the customer not exceeding $100. (8) Unless funds sufficient for the purpose are already in the ac count, no security other than an exempted security shall be purchased for, or sold to, any customer in a special cash account with the creditor if any security other than an exempted security has been purchased by such customer in such an account during the preceding 90 days, and then, for any reason whatever, without having been previously paid for in full by the customer, the security has been sold in the account or delivered out to any broker or dealer: Provided, that an appropriate committee o f a national securities exchange or a national securities association, on application o f the creditor, may authorize the creditor to disregard for the purposes of this section 4 ( c ) ( 8 ) any given instance o f the type therein described if the committee is satis fied that both creditor and customer are acting in good faith and that circumstances warrant such authorization. For the purposes o f this section 4 ( c ) ( 8 ) , the cancellation o f a transaction, otherwise than to correct an error, shall be deemed to constitute a sale. The creditor may disregard for the purposes o f this section 4 ( c ) ( 8 ) a sale without prior payment provided full cash payment is received within the period described by subdivision (2) o f this section 4 (c ) and the customer has not withdrawn the proceeds o f sale on or before the day on which such payment (and also final payment of any check received in that connection) is received. The creditor may so disregard a delivery o f a Sec. 4 R E G U L A T IO N T 9 security to another broker or dealer provided such delivery was for deposit into a special cash account which the latter broker or dealer maintains for the same customer and in which account there are already sufficient funds to pay for the security so purchased ; and for the pur pose o f determining in that connection the status o f a custom er’s account at another broker or dealer, a creditor may rely upon a written statement which he accepts in good faith from such other broker or dealer. (d) S pecial arbitrage accou n t.— In a special arbitrage account, a member o f a national securities exchange may effect and finance for any customer bona fide arbitrage transactions in securities. For the purposes o f this subsection, the term “ arbitrage” means (1) a pur chase or sale o f a security in one market together with an offsetting sale or purchase o f the same security in a different market at as nearly the same time as practicable, for the purpose of taking advantage o f a difference in prices in the two markets, or (2) a purchase of a security which is, without restriction other than the payment o f money, ex changeable or convertible within a reasonable time into a second se curity together with an offsetting sale at or about the same time of such second security, for the purpose o f taking advantage o f a disparity in the prices o f the two securities. (e ) S pecial co m m o d ity a ccou n t.— In a special com m odity account, a creditor may effect and carry for any customer transactions in commodities. ( /) S p ecial m iscellan eou s a ccou n t.— In a special miscellaneous ac count, a creditor may— (1) with the approval o f any regularly constituted committee o f a national securities exchange having jurisdiction over the busi ness conduct o f its members, make and maintain loans to meet the emergency needs o f any creditor; (2) make loans, and m ay maintain loans, to or for any partner <»f a firm which is a member o f a national securities exchange to enable such partner to make a contribution o f capital to such firm provided (A ) the lender as well as the borrower is a partner in such firm, or (B ) the lender as well as the borrower is a member o f such exchange, the loan has the approval of an appropriate committee o f the exchange, and the committee, in addition to being satisfied that the loan is not in contravention o f any rule o f the exchange, is satisfied that the loan is outside the ordinary course o f the lender’s business, and that, if the borrower’s firm 10 R E G U L A T IO N T S ec. 4 does any dealing in securities for its own account, the loan is not for the purpose o f enabling the firm to increase the amount of such dealing; (3) purchase any security from any customer who is a broker or dealer, or sell any security to any such customer, provided the creditor acting in good faith purchases or sells the security for delivery, against full payment o f the purchase price, as promptly as practicable in accordance with the ordinary usage o f the trade; (41 effect and finance, for any member o f a national securities exchange who is registered and acts as an odd-lot dealer in securi ties on the exchange, such member’s transactions as an odd-lot dealer in such securities, or effect and finance, for any joint adven ture in which the creditor participates, any transactions in any securities o f an issue with respect to which all participants, or all participants other than the creditor, are registered and act on a national securities exchange as odd-lot dealers; (5) effect transactions for and finance any joint adventure or group in which the creditor participates and in which all par ticipants are dealers (whether such participants be acting jointly or severally), or any member thereof or participant therein, for the purpose o f facilitating the underwriting or distributing of all or part o f an issue o f securities (A ) not through the medium o f a national securities exchange, or (B ) the distribution o f which has been approved by the appropriate committee o f a national securi ties exchange; (6) effect for any customer the collection or exchange (other than by sale or purchase) of securities deposited by the customer specifically for such purposes, and (subject to any other applicable provisions o f law) receive from or for any customer, and pay out or deliver to or for any customer, any money or securities; (7) effect and carry for any customer transactions in foreign exchange; and (81 extend and maintain credit to or for any customer without collateral or on any collateral whatever for any purpose other than purchasing or carrying or trading in securities. (g) S pecialist’ s a ccou n t.— In a special account designated as a specialist’s account, a creditor may effect and finance, for any member o f a national securities exchange who is registered and acts as a spe cialist in securities on the exchange, such member’s transactions as a specialist in such securities, or effect and finance, for any joint adven Sec. 4 J R E G U L A T IO N T 11 ture in which the creditor participates, any transactions in any securi ties o f an issue with respect to which all participants, or all participants other than the creditor, are registered and act on a national securities exchange as specialists. Such specialist’s account shall be subject to the same conditions to which it would be subject if it were a general account except that if the specialist’s exchange, in addition to the other requirements applicable to specialists, is designated by the Board of Governors o f the Federal Reserve System as requiring reports suitable for supplying current information regarding specialists’ use o f credit pursuant to this section 4( g) , the requirements o f section 6( b) regard ing joint adventures shall not apply to such account and the maximum loan value o f a registered security in such account shall be as deter mined by the creditor in good faith. (h) Special su bscrip tion s accou n t.— In a special subscriptions a c count a creditor may effect and finance the acquisition o f a registered security for a customer through the exercise o f a right to acquire such security which is evidenced by a warrant or certificate issued to stock holders and expiring within 90 days of issuance, and such special sub scriptions account shall be subject to the same conditions to which it would be subject if it were a general account except that— (1) each such acquisition shall be treated separately in the account, and prior to initiating the transaction the creditor shall obtain a deposit o f cash in the account such that the cash deposited plus the maximum loan value o f the securities so acquired equals or exceeds the subscription price, giving effect to a maximum loan value for the securities so acquired o f 75 per cent o f their current market value as determined by any reasonable m ethod; (2) the creditor shall not permit any withdrawal o f cash or securities from the account so long as there is a debit balance in the account, except that when the debit connected with a given acquisition o f securities in the account has become equal to or less than the maximum loan value of such securities as prescribed for general accounts, such securities may be transferred to the gen eral account together with any remaining portion o f such d e b it; and (3) no security may be acquired in the account at any time when the account contains any security which has been held therein more than nine months without becoming eligible for transfer to the general account. In order to facilitate the exercise o f a right in accordance with the J 12 R E G U L A T IO N T S e c s . 4. 5 provisions of this section, a creditor may permit the right to be trans ferred from a general account to the special subscriptions account without regard to any other requirement of this regulation. SECTION 5. BORROWINGS BY MEMBERS. BROKERS, AND DEALERS (a) G en eral ru le.— It is unlawful for any creditor, directly or indi rectly, to borrow in the ordinary course o f business as a broker or dealer on any registered security (other than an exempted security) except— (1) from or through a member bank o f the Federal Reserve System ; or (2) from any nonmember bank which shall have filed with the Board an agreement which is still in force and which is in the form prescribed by this regulation; or (3) to the extent to which, under the provisions o f this regula tion, loans are permitted between members of a national securities exchange a n d /or brokers a n d /o r dealers, or loans are permitted to meet emergency needs. (b) A greem en ts o f n o n m e m b e r b an k s.— An agreement filed pur suant to section 8 (a ) o f the Act by a bank not a member o f the Fed eral Reserve System shall be substantially in the form contained in Form F. R. T -2 if the bank has its principal place o f business in a territory or insular possession o f the United States, or if it has an office or agency in the United States and its principal place o f business out side the United States. The agreement filed by any other nonmember bank shall be in substantially the form contained in Form F. R . T - l . Any nonmember bank which has executed any such agreement may terminate the agreement if it obtains the written consent o f the Board. Blank forms o f such agreements, information regarding their filing or termination, and information regarding the names o f nonmember banks for which such agreements are in force, m ay be obtained from any Federal Reserve bank. (c) B orrow in g fr o m oth er cred itors.— A creditor may borrow from another creditor in the ordinary course o f business as a broker or dealer on any registered security to the extent and subject to the terms upon which the latter may extend credit to him in accordance with the provisions o f this regulation, and subject to any other applicable pro visions o f law. Sec. 6 R E G U L A T IO N T 13 SECTION <J. CERTAIN TECHNICAL DETAILS (a) A ccou n ts o f p artn ers.— In case a general account is the account o f a partner of the creditor, the creditor, in calculating the adjusted debit balance o f such account and the maximum loan value o f the se curities therein, shall disregard the partner’s financial relations with the firm as reflected in his capital and ordinary drawing accounts. ( b ) C on trib u tion to jo in t a dven tu re.— In case a general account is the account o f a joint adventure in which the creditor participates, the adjusted debit balance o f the account shall include, in addition to the items specified in section 3 (d ), any amount by which the creditor’s contribution to the joint adventure exceeds the contribution which he would have made if he had contributed merely in proportion to his right to share in the profits o f the joint adventure. (c) G uaranteed a ccou n ts.— N o guarantee o f a customer’s account shall be given any effect for purposes of this regulation. (d ) T ra n sfer o f accou n ts.— In the event o f the transfer o f a gen eral account from one creditor to another, such account may be treated for the purposes o f this regulation as if it had been maintained by the transferee from the date o f its origin: Provided, That the transferee accepts in good faith the signed statement o f the transferor that no cash or securities need be deposited in the account in connection with any transaction that has been effected in the account or, in case he finds that it is not practicable to obtain such a statement from the transferor, accepts in good faith such a signed statement from the customer. In the event o f the transfer o f a general account from one customer to another, such account may be treated by the creditor for the pur poses o f this regulation as if it had been maintained for the transferee from the date o f its origin. (e) R eorg a n iza tion s.— A creditor may, without regard to the other provisions of this regulation, effect for a customer the exchange o f any registered or exempted security in a general account for the purpose of participating in a reorganization or recapitalization in which the security is involved: Provided, That if an unregistered nonexempted security is acquired in exchange, the creditor shall not, for a period of sixty days following such acquisition, permit the withdrawal of such security or the proceeds o f its sale from the customer’s account except to the extent that such security or proceeds could be withdrawn if the security were a registered security. ( /) T im e o f receip t o f fu n d s o r securities.— For the purposes of this regulation, a creditor m ay, at his option (1) treat the receipt in 14 R E G U L A T IO N T S ec. 6 good faith o f any check or draft drawn on a bank which in the ordinary course o f business is payable on presentation, or any order on a savings bank with passbook attached which is so payable, as receipt o f p a y ment o f the amount o f such check, draft or order; (2) treat the ship ment o f securities in good faith with sight draft attached as receipt of payment o f the amount o f such sight d raft; and (3) in the case o f the receipt in good faith o f written or telegraphic notice in connection with a special omnibus account o f a customer not located in the same city that a specified security or a check or draft has been dispatched to the creditor, treat the receipt o f such notice as receipt o f such security, check or draft: Provided, however, That if the creditor receives notice that such check, draft, order, or sight draft described in clause ( 1) , (2) or (3) is not paid on the day o f presentation, or if such security, check or draft described in clause (3) is not received by the creditor within a reasonable time, the creditor shall promptly take such action as he would have been required to take by the appropriate provisions o f this regulation if the provisions o f this subsection had not been utilized. (g) Interest, service ch arges, etc.— Interest on credit maintained in a general account, communication charges with respect to transac tions in the account, shipping charges, premiums on securities borrowed in connection with short sales or to effect delivery, dividends or other distributions due on borrowed securities, and any service charges (other than commissions) which the creditor may impose, may be debited to the account in accordance with the usual practice and without regard to the other provisions o f this regulation, but such items so debited shall be taken into consideration in calculating the net credit or net debit balance o f the account. A creditor may, without regard to the other provisions o f this regu lation, pay to or for a customer from a general account interest or cash dividends collected by the creditor for such account, if such p ay ment is made within 35 days after the day on which, in accordance with the creditor’s usual practice, such interest or dividends are credited to the account, and if the crediting thereof has not served in the meantime to permit in the account any purchase o f securities or other transactions which could not otherwise have been effected in accordance with this regulation. Ih) B o rro w in g and lend in g securities.— W ithout regard to the other provisions o f this regulation, a creditor (1) m ay make a bona fide deposit o f cash in order to borrow securities (whether registered or unregistered! for the purpose of making delivery o f such securities in the case of short sales, failure to receive securities he is required to VJ Sk cs.6 ,7 R E G U L A T IO N T 15 deliver, or other similar cases, and (2) may lend securities for such purpose against such a deposit. (?) C redit f o r clearan ce o f securities.— The extension or mainte nance o f any credit which is maintained for only a fraction o f a day (that is, for only part of the time between the beginning o f business and midnight on the same d ay) shall be disregarded for the purposes o f this regulation, if it is incidental to the clearance o f transactions in securities directly between members or through an agency organized or employed by the members o f a national securities exchange for the purpose o f effecting such clearance. (j ) F oreign cu rre n cy .— If foreign currency is capable o f being con verted without restriction into United States currency, a creditor act ing in good faith m ay treat any such foreign currency in an account as a credit to the account in^an amount determined in accordance with customary practice. (k ) In n ocen t m istakes.— I f any failure to com ply with this regu lation results from a mistake made in good faith in executing a trans action, recording, determining, or calculating any loan, balance, market price or loan value, or other similar matter, the creditor shall not be deemed guilty o f a violation of this regulation if promptly after the discovery o f the mistake he takes whatever action m ay be practicable in the circumstances to remedy the mistake. SECTION 7. M ISCELLAN EO U S PROVISION S (a) A rra n gin g f o r loans by oth ers.— A creditor may arrange for the extension or maintenance of credit to or for any customer o f such creditor by any person upon the same terms and conditions as those upon which the creditor, under the provisions o f this regulation, may himself extend or maintain such credit to such customer, but only upon such terms and conditions, except that this limitation shall not apply with respect to the arranging by a creditor for a bank subject to Regu lation U to extend or maintain credit on registered securities or exempted securities. Ib ) M aintenance o f cred it.— Except as otherwise specifically for bidden by this regulation, any cxedit initially extended without viola tion of this regulation m ay be maintained regardless of (1) reductions in the customer’s equity resulting from changes in market prices, ( 2 1 the fact that any security in an account ceases to be registered or exempted, and (31 any change in the maximum loan values or margin requirements prescribed by the Board under this regulation. In main 16 R E G U L A T IO N T S ec. 7 taining any such credit, the creditor may accept or retain for his own protection additional collateral of any description, including unreg istered securities. (c) D eclaration as to p u rp o se o f loa n .— Every extension o f credit on a registered security (other than an exempted security) shall be deemed to be for the purpose o f purchasing or carrying or trading in securities, unless the customer shall file with the creditor a written declaration signed by the customer which shall state the use to be made o f such credit and which shall state specifically that such credit is neither for the purpose o f purchasing or carrying or trading in securi ties nor for the purpose o f evading or circumventing the provisions of this regulation. In connection with any extension o f credit, a creditor may rely upon such a written declaration unless he knows the state ment to be false or has information which would put a prudent man upon inquiry and if investigated with reasonable diligence would lead to the discovery o f the falsity o f the statement. (d) R ep orts.— Every creditor shall make such reports as the Board may require to enable the Board to perform the functions conferred upon it by the Act. (e) A d d ition a l req u irem en ts by exch an ges and cre d ito rs.— N oth ing in this regulation shall (1) prevent any exchange from adopting and enforcing any rule or regulation further restricting the time or manner in which its members must obtain initial or additional margin in customers’ accounts because o f transactions effected in such ac counts, or requiring such members to secure or maintain higher margins, or further restricting the amount o f credit which may be extended or maintained by them, or (2) m odify or restrict the right of any creditor to require additional security for the maintenance of any credit, to refuse to extend credit, or to sell any securities or property held as collateral for any loan or credit extended by him. A P P E N D IX There are printed below certain provisions o f the Securities Exchange Act o f 1934 (U.S.C., Title 15, sec. 78) which are pertinent to the subject matter o f this regulation: Sec. 3. (a) * * * (3) The term “ member” when used with respect to an exchange means any person who is permitted either to effect transactions on the exchange without the services o f another person acting as broker, or to make use o f the facilities o f an exchange for trans actions thereon without payment o f a commission or fee or with the payment o f a commission or fee which is less than that charged the general public, and includes any firm transacting a business as broker or dealer o f which a member is a partner, and any partner o f any such firm. (4) The term “ broker” means any person engaged in the busi ness of effecting transactions in securities for the account o f others, but does not include a bank. (5) The term “ dealer” means any person engaged in the busi ness o f buying and selling securities for his own account, through a broker or otherwise, but does not include a bank, or any person insofar as he buys or sells securities for his own account, either individually or in some fiduciary capacity, but not as a part o f a regular business. (6) The term “ bank” means (A ) a banking institution organ ized under the laws o f the United States, ( B ) a member bank of the Federal Reserve System, (C ) any other banking institution, whether incorporated or not, doing business under the laws of any State or o f the United States, a substantial portion o f the business o f which consists o f receiving deposits or exercising fiduciary powers similar to those permitted to national banks under section 11 (k) o f the Federal Reserve A ct, as amended, and which is supervised and examined by State or Federal authority having supervision over banks, and which is not operated for the purpose of evading the provisions o f this title, and (D ) a receiver, conservator, or other liquidating agent o f any institution or firm included in clauses ( A) , (B ), or (C ) o f this paragraph. * * * * * (9) The term “ person” means an individual, a corporation, a partnership, an association, a joint-stock com pany, a business trust, or an unincorporated organization. (10) T h e term “ security” means any note, stock, treasury stock, bond, debenture, certificate of interest or participation in any profit-sharing agreement or in any oil, gas, or other mineral royalty or lease, any collateral-trust certificate, preorganization certificate or subscription, transferable share, investment contract, voting-trust certificate, certificate o f deposit, for a security, or in general, any instrument com monly known as a “ security” ; or any R E G U L A T IO N T certificate o f interest or participation in. temporary or interim certificate for, receipt for, or warrant or right to subscribe to or purchase, any o f the foregoing; but shall not include currency or any note, draft, bill o f exchange, or banker’s acceptance which has a maturity at the time o f issuance o f not exceeding nine months, exclusive o f days o f grace, or any renewal thereof the maturity of which is likewise limited. (121 The term “ exempted security” or “ exempted securities” shall include securities which are direct obligations of or obliga tions guaranteed as to principal or interest by the United States; such securities issued or guaranteed by corporations in which the United States has a direct or indirect interest as shall be designated for exemption by the Secretary o f the Treasury as necessary or ap propriate in the public interest or for the protection o f investors; securities which are direct obligations of or obligations guaranteed as to principal or interest by a State or any political subdivision thereof or any agency or instrumentality of a State or any political subdivision thereof or any municipal corporate instrumentality of one or more States; and such other securities (which may include, among others, unregistered securities, the market in which is pre dominantly intrastate) as the Commission may, by such rules and regulations as it deems necessary or appropriate in the public in terest or for the protection of investors, either unconditionally or upon specified terms and conditions or for stated periods, exempt from the operation o f any one or more provisions o f this title which by their terms do not apply to an “ exempted security” or to “ ex empted securities.” (13) The terms “ b uy” and “ purchase” each include any con tract to buy, purchase, or otherwise acquire. (14) The terms “ sale" and "sell” each include any contract to sell or otherwise dispose of. Sec. 3. (b> The Commission and the Board o f Governors o f the Federal Reserve System, as to matters within their respective jurisdictions, shall have power by rules and regulations to define technical, trade, and accounting terms used in this title insofar as such definitions are not inconsistent with the provisions o f this title. * * * * * Sec. ft. (a) Any exchange may be registered with the Com m is sion as a national securities exchange under the terms and con ditions hereinafter provided in this section, by filing a registration statement in such form as the Commission m ay prescribe, con taining the agreements, setting forth the information, and accom panied by the documents, below specified: (1) An agreement (which shall not be construed as a waiver of any constitutional right or any right to contest the validity of any rule or regulation) to com ply, and to enforce so far as is within its R E G U L A T IO N T 19 powers com pliance by its members, with the provisions of this title, and any amendment thereto and any rule or regulation made or to be made thereunder; * * * (b) N o registration shall be granted or remain in force unless the rules o f the exchange include provision for the expulsion, sus pension, or disciplining o f a member for conduct or proceeding inconsistent with just and equitable principles o f trade, and declare that the willful violation o f any provisions o f this title or any rule or regulation thereunder shall be considered conduct or proceeding inconsistent with just and equitable principles o f trade. (c) Nothing in this title shall be construed to prevent any ex change from adopting and enforcing any rule not inconsistent with this title and the rules and regulations thereunder and the ap plicable laws o f the State in which it is located. M ARG IN REQU IREM EN TS Sec. 7. (a) For the purpose of preventing the excessive use of credit for the purchase or carrying o f securities, the Board of Governors o f the Federal Reserve System shall, prior to the effective date o f this section and from time to time thereafter, prescribe rules and regulations with respect to the amount of credit that may be initially extended and subsequently maintained on any security (other than an exempted security) registered on a national securities exchange. For the initial extension o f credit, such rules and regulations shall be based upon the following stand ard : An amount not greater than whichever is the higher o f— (1) 55 per centum o f the current market price o f the security, or (2) 100 per centum o f the lowest market price o f the security during the preceding thirty-six calendar months, but not more than 75 per centum o f the current market price. Such rules and regulations may make appropriate provision with respect to the carrying of undermargined accounts for limited periods and under specified conditions; the withdrawal o f funds or securities; the substitution or additional purchases o f securities; the transfer o f accounts from one lender to another; special or different margin requirements for delayed deliveries, short sales, arbitrage transactions, and securities to which paragraph (2) of this subsection does not apply; the bases and the methods to be used in calculating loans, and margins and market prices; and similar administrative adjustments and details. For the purposes of paragraph (2) o f this subsection, until July 1, 1936, the lowest price at which a security has sold on or after July 1, 1933, shall be considered as the lowest price at which such security has sold during the preceding thirty-six calendar months. (b ) Notwithstanding the provisions o f subsection (a) of this R E G U L A T IO N T section, the Board o f Governors o f the Federal Reserve System, may, from time to time, with respect to all or specified securities or transactions, or classes o f securities, or classes o f transactions, by such rules and regulations (1) prescribe such lower margin requirements for the initial extension or maintenance o f credit as it deems necessary or appropriate for the accom modation of commerce and industry, having due regard to the general credit situation of the country, and ( 2 1 prescribe such higher margin requirements for the initial extension or maintenance o f credit as it may deem necessary or appropriate to prevent the excessive use of credit to finance transactions in securities. (c) It shall be unlawful for any member o f a national securities exchange or any broker or dealer who transacts a business in securities through the medium o f any such member, directly or indirectly to extend or maintain credit or arrange for the exten sion or maintenance o f credit to or for any customer— (1) On any security (other than an exempted security) regis tered on a national securities exchange, in contravention o f the rules and regulations which the Board o f Governors o f the Federal Reserve System shall prescribe under subsections (a) and (b) of this section. (2) W ithout collateral or on any collateral other than exempted securities a n d /or securities registered upon a national securities exchange, except in accordance with such rules and regulations as the Board o f Governors of the Federal Reserve System m ay pre scribe (A ) to permit under specified conditions and for a limited period any such member, broker, or dealer to maintain a credit initially extended in conform ity with the rules and regulations of the Board o f Governors o f the Federal Reserve System, and (B ) to permit the extension or maintenance of credit in cases where the extension or maintenance of credit is not for the purpose of purchasing or carrying securities or of evading or circumventing the provisions o f paragraph (1) o f this subsection. (d) It shall be unlawful for any person not subject to subsec tion (c) to extend or maintain credit or to arrange for the exten sion or maintenance o f credit for the purpose o f purchasing or carrying any security registered on a national securities exchange, in contravention of such rules and regulations as the Board of Governors o f the Federal Reserve System shall prescribe to pre vent the excessive use o f credit for the purchasing or carrying of or trading in securities in circumvention o f the other provisions o f this section. Such rules and regulations m ay impose upon all loans made for the purpose o f purchasing or carrying securities registered on national securities exchanges limitations similar to those imposed upon members, brokers, or dealers by subsection (c) o f this section and the rules and regulations thereunder. This subsection and the rules and regulations thereunder shall not apply (A ) to a loan made by a person not in the ordinary course of his business, (B ) to a loan on an exempted security, (C ) to a R E G U L A T IO N 21 T loan to a dealer to aid in the financing o f the distribution of securities to customers not through the medium o f a national securities exchange, (D ) to a loan by a bank on a security other than an equity security, or (E ) to such other loans as the Board o f Governors o f the Federal Reserve System shall, by such rules and regulations as it may deem necessary or appropriate in the public interest or for the protection o f investors, exempt, either unconditionally or upon specified terms and conditions or for stated periods, from the operation o f this subsection and the rules and regulations thereunder. • • • « * Sec. 8. It shall be unlawful for any member o f a national securi ties exchange, or any broker or dealer who transacts a business in securities through the medium of any such member, directly or indirectly— (a) T o borrow in the ordinary course of business as a broker or dealer on any security (other than an exempted security) regis tered on a national securities exchange except (1) from or through a member bank o f the Federal Reserve System, (2) from any nonmember bank which shall have filed with the Board o f G ov ernors o f the Federal Reserve System an agreement, which is still in force and which is in the form prescribed by the Board, undertaking to com ply with all provisions o f this Act, the Fed eral Reserve Act, as amended, and the Banking A ct o f 1933, which are applicable to member banks and which relate to the use o f credit to finance transactions in securities, and with such rules and regulations as may be prescribed pursuant to such provisions o f law or for the purpose o f preventing evasions thereof, or (3) in accordance with such rules and regulations as the Board o f Governors o f the Federal Reserve System m ay pre scribe to permit loans between such members a n d /o r brokers a n d /or dealers, or to permit loans to meet emergency needs. A ny such agreement filed with the Board o f Governors o f the Federal Reserve System shall be subject to termination at any time by order o f the Board, after appropriate notice and oppor tunity for hearing, because o f any failure by such bank to com ply with the provisions thereof or with such provisions of law or rules or regulations; and, for any willful violation of such agreement, such bank shall be subject to the penalties provided for violations of rules and regulations prescribed under this title. The provisions of sections 21 and 25 o f this title shall apply in the case o f any such proceeding or order o f the Board of Governors o f the Federal Reserve System in the same manner as such provisions apply in the case o f proceedings and orders o f the Commission. (b) T o permit in the ordinary course of business as a broker his aggregate indebtedness to all other persons, including cus tom ers’ credit balances (but excluding indebtedness secured by R E G U L A T IO N T exempted securities), to exceed such percentage o f the net capital (exclusive o f fixed assets and value of exchange membership) employed in the business, but not exceeding in any case 2,000 per centum, as the Commission may by rules and regulations pre scribe as necessary or appropriate in the public interest or for the protection o f investors. (c) In contravention o f such rules and regulations as the C om mission shall prescribe for the protection o f investors to hypoth ecate or arrange for the hypothecation o f any securities carried for the account o f any customer under circumstances ( 1 1 that will permit the commingling o f his securities without his written consent with the securities o f any other customer, (2) that will permit such securities to be commingled with the securities o f any person other than a bona fide customer, or (3) that will permit such securities to be hypothecated, or subjected to any lien or claim o f the pledgee, for a sum in excess o f the aggregate indebted ness o f such customers in respect o f such securities. (d) T o lend or arrange for the lending o f any securities carried for the account o f any customer without the written consent of such customer. * * * * * Sec. 11. (d ) It shall be unlawful for a member of a national securities exchange who is both a dealer and a broker, or for any person who both as a broker and a dealer transacts a business in securities through the medium o f a member or otherwise, to effect through the use o f any facility o f a national securities exchange or o f the mails or o f any means or instrumentality of interstate commerce, or otherwise in the case o f a member, (1) any trans action in connection with which, directly or indirectly, he extends or maintains or arranges for the extension or maintenance o f credit to or for a customer on any security (other than an exempted security) which was a part o f a new issue in the distribution of which he participated as a member o f a selling syndicate or group within six months prior to such transaction: Provided, That credit shall not be deemed extended by reason o f a bona fide delayed delivery o f any such security against full payment of the entire purchase price thereof upon such delivery within thirty-five days after such purchase, * * * * * * * * Sec. 17. (b) Any broker, dealer, or other person extending credit who is subject to the rules and regulations prescribed by the Board o f Governors o f the Federal Reserve System pursuant to this title shall make such reports to the Board as it may require as necessary or appropriate to enable it to perform the functions conferred upon it by this title. I f any such broker, dealer, or other person shall fail to make any such report or fail to furnish full information therein, or, i f in the judgment o f the Board it is otherwise necessary, such broker, dealer, or other person shall R E G U L A T IO N 23 T permit such inspections to be made by the Board with respect to the business operations o f such broker, dealer, or other person as the Board may deem necessary to enable it to obtain the required information. * * * * * Sec. 23. (a) The Commission and the Board o f Governors of the Federal Reserve System shall each have power to make such rules and regulations as may be necessary for the execution of the functions vested in them by this title, and may for such purpose classify issuers, securities, exchanges, and other persons or m at ters within their respective jurisdictions. N o provision o f this title imposing any liability shall apply to any act done or omitted in good faith in conform ity with any rule or regulation o f the Commission or the Board of Governors of the Federal Reserve System, notwithstanding that such rule or regulation may, after such act or omission, be amended or rescinded or be determined by judicial or other authority to be invalid for any reason. * * * * * Sec. 29. (a) Any condition, stipulation, or provision binding any person to waive compliance with any provision o f this title or of any rule or regulation thereunder, or o f any rule o f an exchange required thereby shall be void. (b) Every contract made in violation of any provision o f this title or o f any rule or regulation thereunder, and every contract (including any contract for listing a security on an exchange) heretofore or hereafter made the performance o f which involves the violation of, or the continuance o f any relationship or practice in violation of, any provision o f this title or any rule or regulation thereunder, shall be void (1) as regards the rights of any person who, in violation o f any such provision, rule, or regulation, shall have made or engaged in the performance o f any such contract, and (2) as regards the rights o f any person who, not being a party to such contract, shall have acquired any right thereunder with actual knowledge of the facts by reason o f which the making or performance o f such contract was in violation o f any such pro vision, rule or regulation: * * * (c) N othing in this title shall be construed (1) to affect the validity o f any loan or extension o f credit (or any extension or renewal thereof) made or o f any lien created prior or subsequent to the enactment o f this title, unless at the time o f the making of such loan or extension o f credit (or extension or renewal thereof) or the creating o f such lien, the person making such loan or exten sion of credit (or extension or renewal thereof) or acquiring such lien shall have actual knowledge o f facts by reason o f which the making o f such loan or extension o f credit (or extension or re newal thereof) or the acquisition of such lien is a violation of the provisions of this title or any rule or regulation thereunder, or (2) to afford a defense to the collection o f any debt or obligation 24 R E G U L A T IO N T or the enforcement of any lien by any person who shall have acquired such debt, obligation, or lien in good faith for value and without actual knowledge o f the violation of any provision o f this title or any rule or regulation thereunder affecting the legality of such debt, obligation, or lien. Sec. 30. (a) It shall be unlawful for any broker or dealer, directly or indirectly, to make use o f the mails or o f any means or instrumentality of interstate commerce for the purpose o f effecting on an exchange not within or subject to the jurisdiction o f the United States, any transaction in any security the issuer o f which is a resident of, or is organized under the laws of, or has its prin cipal place o f business in, a place within or subject to the juris diction o f the United States, in contravention o f such rules and regulations as the Commission may prescribe as necessary or ap propriate in the public interest or for the protection o f investors or to prevent the evasion o f this title. (b) The provisions o f this title or o f any rule or regulation thereunder shall not apply to any person insofar as he transacts a business in securities without the jurisdiction of the United States, unless he transacts such business in contravention o f such rules and regulations as the Commission may prescribe as necessary or appropriate to prevent the evasion o f this title. * * * * * Sec. 32. (a) Any person who willfully violates any provision o f this title, or any rule or regulation thereunder the violation of which is made unlawful or the observance o f which is required under the terms o f this title, or any person who willfully and know ingly makes, or causes to be made, any statement in any applica tion, report, or document required to be filed under this title or any rule or regulation thereunder or any undertaking contained in a registration statement as provided in subsection (d ) o f section 15 o f this title, which statement was false or misleading with respect to any material fact, shall upon conviction be fined not more chan $10,000, or imprisoned not more than two years, or both, except that when such person is an exchange, a fine not exceeding $500,000 may be imposed; but no person shall be subject to imprisonment under this section for the violation o f any rule or regulation if he proves that he had no knowledge o f such rule or regulation. * * * * * Directory O F THE Federal Reserve Bank of New York Second Federal Reserve District (January 1950) W e suggest that you keep this directory available fo r reference. Its regular use w ill facilitate you r transactions with us. D irectory OF THE FEDERAL RESERVE B A N K O F N E W YORK ★ Head Office, 33 Liberty Street, New Y ork, N. Y . M ailing A d d ress F ed era l R eserve N ew P. 0 . S ta tio n Y o r k 45, N . Y . Telephone R E ctor 2-5700 B uffalo Branch, 270-276 Main Street, Buffalo, N. Y . M ailing A d d ress B u ffa lo 5, N. Y. Telephone W A shington 7562 FEDERAL RESERVE BANK OF NEW YORK January 31, 1950. T o Banks and Trust Companies in the Second Federal Reserve D istrict: This is the third edition o f the directory o f this Bank, superseding the directory sent you in May 1948. W hile the substance o f the earlier directories has been retained in the present edition, we feel that we have increased the utility o f the directory to you by (1 ) producing it in smaller, more compact, fo r m ; (2 ) grouping the operations o f each departm ent o f interest to you under the various divisions o f the departments, which are listed with the names o f their ch iefs; and (3 ) adding an index. W e plan to issue further editions o f the directory from time to time, as appropriate. Changes in the titles o f our officers, which occur between issues, w ill be described in our circulars showing changes in authorized signatures. This directory should be o f assistance to you in communicating with the officers o f this Bank and the departments and divisions under their supervision; its regular use will enable you to obtain speedier and more effective service from us. W e suggest that you keep it con venient fo r that purpose. A dditional copies o f this directory may be obtained upon request. A llan S proul, President. CONTENTS Page Head Office functions, departments, divisions and principal operations, and persons in charge Accounting, Planning, B uilding Operating and Service. . 5 A u d i t ................................................................................................. 6 Bank Supervision and Bank R e la t i o n s ....................................... 6 Cash and C o lle c t io n s ........................................................................7 F o r e i g n ................................................................................................. 9 Government Bond, Safekeeping and R. F . C. Custody . . . 10 L e g a l ................................................................................... 11 Loans and C r e d i t s .............................................................................. 12 Open Market Operations, Treasury Issues, and Margin R e g u l a t i o n s .....................................................................................12 P e r s o n n e l ...........................................................................................13 Research and S t a t i s t i c a l ................................................................. 14 Secretary’s O f f i c e ..............................................................................1-t Buffalo Branch functions, divisions and principal operations, and persons in c h a r g e .............................................................................. 15 D i r e c t o r s ....................................................................... Member o f Federal A dvisory Council . . . . . .1 7 .................................19 Industrial Advisory C o m m itte e ................................................................. 19 Buffalo Branch Directors . . . .......................... . . . I n d e x ..............................................................................................................20 19 (T h e lettered Regulations referred to in this directory are Regulations o f the B oard of Governors o f the Federal Reserve System) Federal Reserve Bank of N ew York ★ PRESID EN T A llan S proul FIR ST VICE PRESIDEN T L e s l ie R. R ounds ★ HEAD OFFICE AC C O U N TIN G , P L A N N IN G , B U IL D IN G O P E R A T IN G A N D S E R V IC E H erbert H . K im b a l l , V ice President A c c o u n t i n g D e p a r t m e n t , P e te r P. Lang, Manager H a r o ld M . W e s s e l , M anager A c c o u n t i n g D i v i s i o n , H a r v e y C. D r e w , Chief Accounts, deposits in, except foreign accounts Deposits o f Federal taxes Member bank reserve accounts Nonmember bank clearing accounts Regulation D — Reserves o f member banks Treasurer’s account, United States P l a n n i n g D e p a r t m e n t , Jam es J . C a r r o l l , Manager Chief P l a n n i n g D i v i s i o n , F r e d e r ic k L . S m e d le y , Planning P u r c h a s i n g D i v i s i o n , W i l l l i a m C. M o rg a n , Purchasing A gen t Purchase o f supplies B u il d in g O p e r a t in g , O tto \V. T e n E y c k , Assistant V ice President H erbert A . M u e t h e r , Superintendent S e r v ic e D e p a r t m e n t , O tto W . T en E y ck , Assistant V ice President R a l p h W . S ch e ff e r , Manager P o s t O f f ic e D iv is io n , R a p h a e l A . d eL eon , Chief Federal Reserve P. 0 . Station Mail, incom ing and outgoing P r o t e c t i o n D i v i s i o n , G eo rge H . T u sv e ld , Chief Protection, fire and safety T e l e p h o n e S e c t i o n , M rs. M ild re d C arew , Telephone service 5 C h ief Operator DIRECTORY 6 A U D IT W A u d it in g D il l ia m epartment, H . D il l is t in , General A u ditor C ur tis R . B o w m a n , Assistant General A uditor A uditing D iv isio n , M ic h a e l A . C r osby , C hief Inform ation reflected on the bank’s records furnished to bank examiners and others R econciliation o f accounts o f member banks and others B A N K S U P E R V IS IO N A N D B A N K R E L A T IO N S R eg in al d B . W Ba n k E x a m in a t io n s D il t se , epartm ent, W V ice President il l ia m F . S h e e h a n , Chief E xam iner A n a l y s is D iv isio n , F rederick J. A l e x a n d e r , Chief Analysis o f reports o f examination Regulations, administration o f L Interlocking bank directorates under the Clayton A ct 0 Loans to executive officers o f member banks R Relationships with dealers in securities under section 32 o f the Banking A ct o f 1933 A pplicatio n and R ecords D iv isio n , J ere V . D. S t r y k e r , Chief Branches, applications for Condition reports, State member banks Earnings and dividends reports, State member banks Regulations, administration o f C Acceptance by member banks o f drafts or bills o f exchange F Trust powers o f national banks H Membership o f State banking institutions in the Federal Reserve System 1 Increase or decrease o f capital stock o f Federal Reserve Banks and can cellation o f old and issue o f new stock certificates K Banking corporations authorized to do foreign banking business under the terms o f section 2 5 (a ) o f the Federal Reserve A ct M Foreign branches o f national banks and o f corporations organized under the provisions o f section 2 5 (a ) o f the Federal Reserve A ct P H olding com pany affiliates— voting permits Q Paym ent o f interest on deposits E x a m in in g D iv isio n , Under direct supervision o f Chief Exam iner Exam ination o f State member banks and affiliates FEDERAL RESERVE BANK OF NEW YORK 7 R e l a t i o n s D e p a r t m e n t , H o w a rd D . C rosse, Manager ( Special R epresentatives: G. M o rga n B r o w n e , Jam es H . B u c h a n , L a u r e n c e E . D ig n a n , P a r k e R. E lm e r , J o h n B. G r a n t , A . H e r b e r t G ra u e, W a l t e r E. V a n der W a a g , A . C h e s t e r W a l t o n ) B a n k A pplications fo r membership in Federal Reserve System Bank relations activities Visitors at Federal Reserve Bank Visits to district banks C A S H A N D C O LL E C T IO N S V a l e n t in e W il l is , V ice President D onald J. C a m e r o n , Assistant V ice President F e l ix T. D avis , Assistant V ice President Cash D e p a r t m e n t, Paul R. F i t c h e n , Manager C o in a n d B u l l io n D iv is io n , W illia m J. L eo n a rd , Chief Counting, verifyin g and w rapping o f coin Exchange o f uncurrent United States coin presented fo r redemption Paym ent o f coin R eceipt o f coin Segregation o f unfit, uncurrent, foreign and counterfeit coin P a y i n g D i v i s i o n , P e t e r P . M a lc o lm , Chief Allotm ent o f new currency to banks Certification o f checks drawn on this bank Payment o f currency R e c e iv in g D iv is io n , F r a n k M. W a k e ma n , Chief Receipt, fo r immediate credit, o f Government checks and checks on member banks’ reserve accounts drawn fo r amounts o f $1,000 and over R eceipt o f currency S o r t i n g a n d C o u n t i n g D i v i s i o n , C h a r le s F . B e is le r , Chief Sorting o f currency fo r fitness, kind and genuineness Verification by piece count o f all deposits o f paper currency DIRECTORY 8 C h e c k R o u t in g S y m b o l an d T r easu r y C u r r en cy R eport S ectio n , C ar l S tr o m , Supervisor Check R outing Sym bol Program Reports o f unusual currency transactions on Form TC R -1 pursuant to instruc tions from the Treasury Department C a s h C u s t o d y D e p a r t m e n t , M ic h a e l J. M cL a u g h l in , Manager C a s h C u st o d y D iv isio n , J o h n H e e m s a t h , C hief (See Cash Department) Check D epartm ent, Roy E . W endell, Manager Adjustm ents relative to the presentment and collection o f checks C ity and County clearing arrangements, exchanges between participants in D irect routing o f checks and other cash items to Federal Reserve Banks and branches b y member and nonmember clearing banks through the Consoli dated A ir Transportation Program or other methods Regulation J— Check clearing and collection C learings D iv isio n , C h a r l e s E . D ir inger , C h ief Cheeks and other cash items collectible through New Y ork Clearing House Association N orthern New Jersey Clearing House Association, and Manhattan, B ron x and B rooklyn collection arrangement Remittance payments fo r Second D istrict cash letters R eturn Items T r an sit D ivision , J o h n C . L e n z , C hief Checks and other cash items (except Government checks), collection of, pay able in Second Federal Reserve D istrict and other Federal Reserve districts C o l l e c t i o n D e p a r t m e n t , F r a n k l in E . P et e r so n , Manager C o u n t r y C o l lec tio n D ivisio n , W alter R . N oe , C hief Collection o f notes, drafts and other noncash items Reclamation o f United States Government checks Regulation G— Collection o f noncash items C o u p o n C o l l e c t io n D iv isio n , R obert J. S t e p h e n s , C hief Collection o f corporate bonds and coupons payable in the continental United States Paym ent o f coupons o f the United States Government, Governmental agencies and the International Bank fo r Reconstruction and Development Regulation G— Collection o f noncash items FEDERAL RESERVE BANK OF NEW YORK W i r e T r a n s f e r D i v i s i o n , O t t o S u se n , 9 C hief City clearing arrangement o f banks outside New Y ork City, settlements o f balances due to and due from participants in Mail transfers o f funds Signature authorities Telegrams Coding, decoding and authenticating by testword of, involving payments o f funds or deliveries o f securities Receipt and transmittal o f Testwords for, furnishing o f Telegraphic transfers o f funds G overnm ent Check D epartm ent, M ic h a e l J. M cL a u g h l in , Manager G o v e r n m e n t C h e c k D iv isio n , H ar r y T a p p e n , C hief Government checks, payment or collection of F O R E IG N L . "W er n er K n o k e , V ice President N o r m a n P . D a v is , Assistant V ice President H orace L . S anford , Assistant V ice President F o r e ig n D epartm ent, W alter H . R ozell , Jr., Manager C ab l e D iv isio n , N ic h o l a s A b e l , Chief Cablegrams, radiograms, and telegrams relating to foreign business, sending, receiving, coding, decoding, testing and otherwise processing o f F o r e i g n O p e r a t i o n s D i v i s i o n , B e r tr a n d H . W e b b e r , C hief Federal Reserve System accounts maintained abroad, operation of Foreign central bank and government dollar, gold and security custody accounts, operation of Foreign exchange Rates, certification of, under Tariff A ct o f 1930 Transactions United States Treasury and foreign depositors, on behalf o f G old Reserve A ct o f 1934 A pplications, licenses, inquiries, purchases and sales thereunder as fiscal agent International Bank fo r Reconstruction and Development accounts, operation of International M onetary F u n d accounts, operation of Silver Purchase A ct o f 1934, purchases thereunder as fiscal agent United States Stabilization Fund, operations of, as fiscal agent 10 DIRECTORY G O V E R N M E N T B ON D, S A F E K E E P IN G A N D R .F .C . C U S T O D Y A r t h u r P h e l a n , V ice President W il l ia m F . T reiber , Assistant V ice President G o v e r n m e n t B o n d D e p a r t m e n t , C h a r le s G o v e r n m e n t B o n d D iv is io n , W a l t o n B ru sh , N. V a n H o u te n , Manager C hief United States Treasury Bills, Certificates o f Indebtedness, N otes, Bonds and Savings Notes Denominational exchange Exchanges o f bearer fo r registered bonds Exchanges o f registered for bearer bonds Exchange subscriptions Form s fo r subscriptions, exchanges, transfers, etc. Lost, stolen, destroyed or mutilated securities Paym ent or redemption R eceipt o f delivery instructions and o f paym ent regarding cash subscriptions Telegraphic transfer o f bearer securities from New Y ork to certain other cities Transfer o f registered bonds Various Securities o f the Philippine Governm ent, the P u erto Rican Government and A gen cies o f the United States Governm ent Certain transactions in connection with issuance, exchange and redemption Bonds o f International Bank f o r Reconstruction and D evelopm ent Certain transactions in connection with issuance, exchange and redemption Treasury Tax and Loan A ccounts R ecord o f accounts Record o f collateral R . F. C . C u s t o d y D e p a r t m e n t , C h a r le s R . F. C . C u s t o d y D i v i s i o n , J o sep h N. V a n H o u t e n , Manager M. O ’B r ie n , C hief Disbursements fo r Reconstruction Finance Corporation and Commodity Credit Corporation b y checks on U. S. Treasurer D rafts paid fo r Com m odity Credit Corporation Loans by Reconstruction Finance Corporation, servicing o f certain Receipts and payments for Com m odity Credit Corporation Reconstruction Finance Corporation U. S. Commercial Company FEDERAL RESERVE BANK OF NEW YORK S a v i n g s B o n d D e p a r t m e n t , W e s le y W . B u rt, 11 M anager I ssu e D iv isio n , P e m b e r t o n A . H arris , C hief A ccounts o f issuing agents Consignment o f unissued Series E bonds Lost, stolen, mutilated or destroyed bonds Sales o f bonds o f Series E, F and G Safekeeping o f savings bonds for owners R e d e m p t io n D iv isio n , B u r t h a l A . R o eb u c k , Chief A ccounts o f paying agents A rm ed Forces Leave Bonds, redemption of Reissues and corrections Savings Bonds, redemption of S a f e k e e p i n g D e p a r t m e n t , H a r r y M . B oyd, Manager S a fek eep in g D iv isio n , Jam es H . B a k e r , C hief D elivery o f bearer Government securities pursuant to telegraphic transfer from other Federal Reserve Banks D elivery o f Government securities on original issue over the counter, or by mail, or by telegraphic transfer to other Federal Reserve Districts D elivery over the counter, or by mail, o f bearer securities o f International Bank fo r Reconstruction and Development and various Government agencies R eceipt and delivery o f securities purchased or sold fo r account o f member banks Safekeeping o f securities fo r account o f member banks S e c u r i t y C u s t o d y D e p a r t m e n t , W illia m S ec u r it y C u st o d y D iv isio n , W il l ia m F . A b ra h a m s, Manager E . V a l e n t in e , Chief (See Safekeeping Department) LEGAL W alter S. L o gan , V ice President and General Counsel T odd G. T ieb o ut , A ssistant General Counsel R u f u s J. T r im bl e , Assistant General Counsel R obert H . B ro m e , A ssistant Counsel J o h n J . C l a r k e , A ssistant Counsel DIRECTORY 12 L O A N S AN D C R E D IT S A r t h u r P h e l a n , V ice President C r e d it D e p a r t m e n t , W a l t e r C. W a r n e r , C r e d it D i v i s i o n , H a r r y Manager F . C om erfo rd , Chief C redit data, collection and analysis o f Farm Credit F ile and relative forms, distribution of Financial statement form s, distribution of Regulation A — Discounts for and advances to member banks A cceptability o f paper offered fo r discount or as collateral to advances Regulation S— Industrial loans Processing o f applications Servicing o f loans or commitments made D is c o u n t D e p a r t m e n t , W a l t e r C. W a r n e r , Manager D i s c o u n t D i v i s i o n , P h ilip M. S ch m id t, Chief Regulation A — Discounts fo r and advances to member banks E ligibility o f paper offered fo r discount or as collateral to advances Processing o f applications Servicing o f discounts and advances Regulation S— Industrial loans Servicing o f loans and collateral OPEN M A R K E T O P E R A T IO N S , T R E A S U R Y ISS U E S, A N D M A R G IN R E G U L A T IO N S R obert G. R ouse , V ice President Assistant V ice President Assistant V ice President S. M a r s h , J r., Manager S e c u r i t i e s D e p a r t m e n t , S ila s A . M i l l e r , John H. W S pen cer B il l D iv is io n , W i lli a m urts, A . K e e p e rs, Bill B u yer F r a n k l i n S. D e u e l, C h ief Acceptance by member banks o f drafts or bills o f exchange, inquiries regarding B ankers’ acceptances, open market purchases and sales o f Bills o f exchange and trade acceptances, open market purchases of R egu lation s: B Open Market purchases o f bills o f exchange, trade acceptances and bankers’ acceptances under section 14 o f the Federal Reserve A ct C A cceptance by member banks o f drafts or bills o f exchange 13 FEDERAL RESERVE BANK OF NEW YORK S e c u r i t i e s D i v i s i o n , R o la n d H . B e h r e n s , C hief Capital stock o f Federal Reserve Bank, registration, issuance and cancellation o f Dividends on Federal Reserve Bank stock Federal Open Market Committee, regulation relating to open market operations o f Federal Reserve Banks Government securities (other than Savings B onds and N otes), cash subscrip tions and tenders to new Government securities, purchases and sales for account o f member banks Open market operations in United States Government securities Regulation E , Purchase o f W arrants W arrants, purchase o f * m * * M argin Regulations, N o r m a n P. D avis , Assistant V ice President F r a n k l in S. D e u e l , C hief, B ill Division Regulations, administration of T Extension and maintenance o f credit b y brokers, dealers, and members o f national securities exchanges U Loans by banks fo r the purpose o f purchasing or carrying stocks regis tered on a national securities exchange PE R SO N N E L H arold A . B il b y , V ice President M a r cus A . H arris , Assistant V ice President P e r s o n n e l D e p a r t m e n t , W i ll i a m A . H e i n l , M e d i c a l D i v i s i o n , D r . A d e la id e R om aine, Manager Medical D irector P e r s o n n e l C l a s s if ic a t io n a n d P a y r o l l D iv is io n , A n d re w M. R am sey, C h ief Job analysis and evaluation Personnel records W age and salary surveys P e r s o n n e l D i v i s i o n , J o h n J. F le m in g , Chief E m ployee assignment, education, training Employm ent S o cial and R ecr eatio n al A d m in ist r a t io n , F . S an fo rd M c C a r t h y , Jr., D irector, E m ployees’ Activities 14 DIRECTORY R E S E A R C H A N D S T A T IS T IC A L H arold V . R oelse , V ice President R e s e a r c h D e p a r t m e n t , 0 . E r n e s t M oore, B alance of M anager P a y m e n t s D iv isio n , A r t h u r I. B lo o m field , Chief Collection and analysis o f data on United States balance o f payments F oreign exchange reports on United M onetary F u nd forms States Treasury and International D o m estic R e sear ch D iv isio n , G eorge G a r v y , Chief Collection and analysis o f data on money market and United States Govern ment finance Collection and analysis o f data on U nited States economic conditions D epartm ent store reports F in a n c ia l S tatistics D iv isio n , A lfred I n g e , C hief Current and special tabulations and analyses o f domestic banking and other financial statistics F oreign R esear ch D iv isio n , H e n r y C. W a l l ic h , C hief Collection and analysis o f data on foreign m onetary and economic conditions R eference L ibrary , M arguerite B u r n e t t , C hief Collection, classification, and circulation o f periodicals and publications Preparation o f daily Newspaper Review S E C R E T A R Y ’ S O F F IC E J o h n J. C l a r k e , Secretary J a m e s J. C arroll , Assistant Secretary C orporate secretarial functions P ublic inform ation activities P ress and C irculars D iv isio n , A lfred J. H u d so n , Chief Circulars and Federal Reserve publications FEDERAL RESERVE BANK OF NEW YORK 15 B U F FA LO B R A N C H general I n sley m anager B . S m it h C A S H , C H E C K A N D C O LL E C T IO N H a l s e y W . S n o w , Cashier C a s h D iv isio n , R obert R . C overt , C hief R eceipt and payment o f currency and coin Signature authorities Sorting and counting o f currency and coin Telegraphic and mail transfers o f funds C h e c k D ivisio n , M ilford A . G rote , C hief Collection o f checks payable in Second Federal Reserve D istrict and other Federal Reserve Districts Collection o f Government checks Return items C o l le c t io n D iv isio n , J. F r a n k l in T h o m a s , Jr., Chief Collection o f corporate bonds and coupons and paym ent o f United States Government coupons Collection o f notes, drafts, and other noncash items Reclamation o f United States Government checks A C C O U N TIN G , C R E D IT A N D D ISC O U N T, O F F IC E S E R V IC E A N D S E C U R IT IE S G eorge J. D oll , A ssistant Cashier A c c o u n tin g D iv isio n , K e n n e t h P. M ead , C hief Nonmember bank clearing accounts Remittances fo r cash letters Reserve accounts o f member banks Reserve requirements o f member banks C redit and D isc o u n t D iv isio n , G erald H . G r e e n e , C hief Condition reports and earnings and dividends reports o f State member banks Discounts fo r and advances to member banks Financial statement form s and Farm Credit File 16 DIRECTORY O ffice S ervice D iv isio n , H arrison E. M a r t in , Chief E m ployees’ records Em ploym ent Job analysis and evaluation Purchasing S ecurities D ivisio n , F r a n k H end er so n , Chief Paym ent or redemption o f United States Government securities Safekeeping o f securities fo r account o f member banks Sales o f Savings Bonds o f Series E , F , and G, and Savings Notes B A N K R E L A T IO N S M . M onroe M eyer s , Assistant Cashier Bank and public relations activities V isitors at Buffalo Branch Visits to banks G e n er al A c c o u n t a n t , H erbert W . W eber Adjustm ents affecting accounts Reconciliation o f member bank and other accounts Statements o f accounts and other inform ation furnished to bank examiners and others Federal Reserve Bank of N ew York D IR E C TO R S R obert T . S te v e n s, Chairman o f the Board, J. P. Stevens & Co., Inc., New York, N. Y. Chairman, and Federal Reserve A g en t W il l ia m I. M yers, Dean, New York State College o f Agriculture, Cornell University, Ithaca, N. Y. Deputy Chairman L e w is H. B row n, B. P r e s c o t t , President, The Keeseville National Bank, Keeseville, N. Y. R oger Chairman o f the Board, Johns-Manville Corporation, New York, N. Y. J a y E . Cr a n e , C. T r a p h a g e n , Chairman o f the Board, Bank o f New York and Fifth Avenue Bank, New York, N. Y. John Director, Standard Oil Company (New Jersey), New York, N. Y. M a r io n B. F olsom , F r e d e r ic E . W Treasurer and Director, Eastman Kodak Company, Rochester, N. Y. orden, Chairman o f the Board, and President, The National Bank o f Auburn, Auburn, N. Y. 17 OFFICERS A l l a n S p r o u l, L e s lie E . R ou n d s, President J o h n H . W illia m s , First Vice President Vice President Vice President R o b e r t G. R o u s e , Vice President V a l e n t i n e W i l l i s , Vice President R e g i n a l d B . W i l t s e , Vice President A r t h u r P h e la n , Vice President Vice President L . W e r n e r K n o k e , Vice President W a l t e r S . L o g a n , Vice President and General Counsel H a r o ld A . B ilb y , H a r o ld Y . R o e ls e , H e r b e r t H . K im b a ll, Assistant General Counsel T od d G . T ie b o u t, D o n a ld J . C am eron , R u f u s J . T r im b le , Assistant Vice President N o r m a n P . D a v is , O tto W . T en E yck , Assistant Vice President J oh n H . W u rts, Manager, Security W illia m F . A b ra h a m s, Manager, Cash Custody Department, and Manager, Govern ment Check Department Manager, Safekeeping Department O. E r n e s t M o ore , Manager, Research Department R o b e r t H . B rom e, Assistant Counsel W e s le y W . B u rt, Manager, Savings Bond F r a n k lin E . P e te rs o n , Department Manager, Collection Department Manager, Planning Department, and Assistant Secretary Jam es J . C a r r o ll, J o h n J . C la r k e , W a l t e r H . R o z e l l , J r ., Secretary, and Assistant H ow a rd D . C rosse, Manager, Foreign Department R a lp h W . S c h e ffe r , Counsel Manager, Service Department Manager, Bank delations N . V a n H o u t e n , Manager, Govern ment Bond Department, and Manager, B.F.C. Custody Department Department C h a r le s P a u l R . F itc h e n , Manager, Cash Department W illia m A . H e in l, Manager, Personnel C . W a r n e r , Manager, Credit Depart ment, and Manager, Discount Department W a lte r Department P eter P. Lang, Assistant Vice President Assistant Vice President M ic h a e l J . M c L a u g h lin , Custody Department H a rry M . B oyd, Chief Examiner Assistant Vice President W illia m F . T r e ib e r , Assistant Vice President S ila s A . M ille r , Assistant Vice President W illia m F . S h e e h a n , Assistant Vice President M a r c u s A . H a r r is , Assistant General Counsel H o r a c e L . S a n fo r d , Assistant Vice President F e l i x T . D a v is , Economic Adviser Manager, Accounting R oy E . W e n d e ll, Department S p e n c e r S . M a r s h , J r ., Manager, Securities H a r o ld M . W e s s e l, Department Manager, Check Department Manager, Accounting Department W illia m H . D illis tin , C u r tis R . B o w m a n , General Auditor Assistant General Auditor 18 Federal Reserve Bank of N ew York M E M B E R OF FE D E R A L A D V IS O R Y COUNCIL N. B J axter ackson, Chairman o f the Board o f Directors, Chemical Bank & Trust Company, New York, N. Y . IN D U ST R IA L A D V IS O R Y C O M M ITTEE W i l l i a m H . P o u c h , Chairman President, Concrete Steel Company, New York, N. Y. Vice Chairman President, A. G. Nelson Paper Company, Inc., New York, N. Y. A r t h u r G. N e ls o n , E d w a r d J . N o b le , Chairman o f the Board, American Broadcasting Company, Inc. New York, N. Y. Buffalo Branch of Federal Reserve Bank of N e w York DIRECTORS Chairman President, Taylor Instrument Companies, Rochester, N . Y . L e w is B . S w ift , G eorge F . B a te s, G eorge G. K President, Power City Trust Company, Niagara Falls, N. Y. Cl y d e C. B r o w n , F. W e n d t , President, Buffalo Forge Company, Buffalo, N. Y. E dgar President, The Cuba National Bank, Cuba, N. Y. B ernard E. F l e in d in s t , President, Liberty Bank o f Buffalo, Buffalo, N. Y. in u c a n e , President, Security Trust Company o f Rochester, Rochester, N. Y. Ca r l G . W ooster, Farmer, Union Hill, N. Y. OFFICERS I n s le y B. S m ith , General Manager G eorge H a ls e y W . S n o w , J. D o ll, Assistant Cashier M . M on roe M y ers, 19 Assistant Cashier Cashier INDEX Page Acceptance by member banks o f drafts or bills o f exchange, inquiries re garding ................................................ Accounts, deposits in, except foreign accounts ................................................ Advances to member banks..................... Armed Forces Leave Bonds, redemp tion o f .................................................... Bank relations activities......................... Bankers’ and trade acceptances and bills o f exchange, open market pur chases and sales o f ............................. Page Checks and other cash items, collection of 12 Checks drawn on this bank, certification o f ............................................................ Checks on member banks’ reserve ac counts for $1,000 and over, receipt of, for immediate credit..................... Check Routing Symbol Program ........... Circulars and Federal Reserve publica tions ...................................................... City clearing arrangement o f banks outside New York City, settlements o f balances due to and due from participants in .................................... Commodity Credit Corporation............. Coin, receipt and payment o f ................. Condition reports, State member banks Coupons o f the United States Govern ment, Governmental agencies and the International Bank for Reconstruc tion and Development, payment o f . . Credit data, collection and analysis o f Currency, receipt and payment o f ........ Delivery o f bearer Government securi ties pursuant to telegraphic transfer from other Federal Reserve B a n k s.. Delivery o f Government securities on original issue over the counter, or by mail, or by telegraphic transfer to other Federal Reserve Districts. . . . Delivery over the counter, or by mail, o f bearer securities o f International Bank for Reconstruction and Devel opment and various Government agencies ................................................ Discounts for member banks................. Earnings and dividends reports, State member b a n k s ...................................... Examination o f State member banks and affiliates ........................................ Farm Credit File and relative forms, distribution o f ...................................... Federal Open Market Committee, regu lation relating to open market opera tions o f Federal Reserve Banks........ Federal Reserve Bank stock................... Federal Reserve P. O. Station............... Federal Reserve System accounts main tained abroad, operation o f ............... Federal taxes, deposits o f ..................... Financial statement forms, distribution o f ............................................................. 5 12 11 7 12 Buffalo Branch operations Adjustments affecting accounts........ ...16 Advances to member banks 15 Bank and public relations activities 16 Coin, receipt and payment o f ................ 15 Checks, collection o f ............................. ...15 Condition reports and earnings and dividend reports o f State member b a n k s.................................................. ... 15 Currency, receipt and payment o f . . . 15 Discounts for member banks 15 Financial statement forms and Farm Credit F i l e ........................................... 15 Government checks, collection and re clamation o f ......................................... 15 Noncash items, collection o f .................. 15 Nonmember bank clearing accounts. 15 Personnel m a tters............................... ... 16 P u rch a sin g............................................ ... 16 Reconciliation o f member bank and other a cco u n ts................................. ... 16 Remittances for cash letters 15 Reserve accounts and reserve require ments o f member b a n k s .................... 15 Return it e m s ........................................... 15 Safekeeping o f securities for account o f member b a n k s............................. ... 16 Savings b o n d s ......................................... 16 Signature au th orities......................... ...15 Statements o f accounts and other in formation furnished to bank ex aminers and others........................... 16 Transfers o f funds, mail and tele graphic .............................................. 15 United States Government securities 16 Visitors at Buffalo Branch................. 16 Visits to b a n k s...................................... 16 20 7 7 8 14 9 10 7 6 8 12 7 11 11 11 12 6 6 12 13 13 5 9 5 12 INDEX Page Foreign business, wires relating t o . . . . 9 Foreign central bank and government dollar, gold and security custody accounts, operation o f ......................... 9 Foreign exchange rates, certification 9 of, under Tariff A ct o f 1930............. Foreign exchange reports on United States Treasury and International Monetary Fund form s....................... 14 Foreign exchange transactions on be half o f United States Treasury and 9 foreign depositors............................... Gold Reserve A ct o f 1934, applications, licenses, inquiries, purchases and sales thereunder as fiscal agent........ 9 Government checks for $1,000 and over, receipt of, for immediate credit___ 7 Government checks, payment or collec tion o f .................................................... 9 Government checks, reclamation o f . . . . 8 Government securities (other than Sav ings Bonds and N otes), cash sub scriptions and tenders to new........... 13 Government securities, purchases and sales for account o f member banks.. 13 Industrial lo a n s ........................................ 12 Information reflected on the bank’s records furnished to bank examiners and oth ers.............................................. 6 International Bank for Reconstruction and Development accounts, operation 9 o f ............................................................ International Bank for Reconstruction and Development bonds....................... 10 International Monetary Fund accounts, operation o f .......................................... 9 Mail, incoming and outgoing................. 5 Margin regulations, administration o f. 13 Member bank reserve accounts............... 5 Noncash items, collection o f ................. 8 Nonmember bank clearing accounts.. . 5 Membership in Federal Reserve System, application f o r ...................................... 7 Newspaper Review, preparation of daily ...................................................... 14 Open market operations in United States Government securities............. 13 Periodicals and publications, collection, classification, and circulation o f . . . . 14 Personnel m a tters................................... 13 P la n n in g .................................................... 5 Public information activities.............. 14 Purchase o f supplies............................... 5 Reconciliation o f accounts o f member banks and others................................. 6 Reconstruction Finance Corporation.. . 10 21 P age Regulation A— Discounts for and ad vances to member banks..................... 12 Regulation B— Open market purchases o f bills o f exchange, trade accept ances and bankers ’ acceptances under section 14 o f the Federal Reserve A c t .......................................... 12 Regulation C— Acceptance by member banks o f drafts or bills o f exchange. 6,12 Regulation D— Reserves o f member ba n k s...................................................... 5 Regulation E— Purchase o f Warrants. 13 Regulation F— Trust powers o f nation al b a n k s ................................................ 6 Regulation G— Collection o f noncash items ...................................................... 8 Regulation H— Membership o f State banking institutions in the Federal Reserve S y s te m ................................... 6 Regulation I— Increase or decrease o f capital stock o f Federal Reserve Banks and cancellation o f old and issue o f new stock certificates........... 6 Regulation J— Check clearing and col lection .................................................... 8 Regulation K — Banking corporations authorized to do foreign banking business under the terms o f section 25 (a ) o f the Federal Reserve A c t . . 6 Regulation L— Interlocking bank direc torates under the Clayton A c t........... 6 Regulation M— Foreign branches o f national banks and o f corporations organized under the provisions o f section 25 (a ) o f the Federal Re serve A ct .............................................. 6 Regulation O— Loans to executive offi 6 cers o f member banks......................... Regulation P— Holding company affili ates— voting perm its........................... 6 Regulation Q— Payment o f interest on d ep osits.................................................. 6 Regulation R— Relationships with deal ers in securities under section 32 o f the Banking A ct o f 1933................... 6 Regulation S— Industrial Loans........... 12 Regulation T— Extension and mainte nance o f credit by brokers, dealers, and members o f national securities exch an ges.............................................. 13 Regulation U— Loans by banks for the purpose o f purchasing or carrying stocks registered on a national se curities exchange ............................... 13 Remittance payments for Second Dis trict cash le t te r s ................................. 8 Reports o f bank examinations............... 6 22 INDEX Page Reports o f unusual currency transac tions on Form TCR-1 pursuant to instructions from the Treasury De partment ................................................ Research and statistical......................... Reserve accounts o f member banks. . . Return it e m s ............................................ Safekeeping o f securities for account o f member banks................................. Savings bonds .......................................... Secretarial, corporate, functions........ Securities o f the Philippine govern ment, the Puerto Rican government and agencies o f the United States Government .......................................... Securities purchased or sold for ac count o f member banks, receipt and delivery o f ............................................ Signature au th orities............................. 7 14 5 8 11 11 14 10 11 9 Page Silver Purchase A ct o f 1934, purchases thereunder as fiscal agent................... 9 Telegram s.................................................. 9 Telephone s e r v ice .................................... 5 Transfers o f funds, mail and tele graphic .................................................. Treasurer’s account, United States. . . Treasury Tax and Loan Accounts----- 9 5 10 United States Commercial Com pany.. . United States Stabilization Fund, operations of, as fiseal agent............ United States Treasury bills, certifi cates o f indebtedness, notes, bonds and savings notes................................. 10 9 10 Visits to district banks........................... 7 Visitors at Federal Reserve Bank........ Warrants, purchase o f ............................. 7 13