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♦COPY

CIRCULAR NO. 8
Series of 1925

FEDERAL RESERVE BAN O DALLAS
K F
D allas, Texas, December 28, 1925

CLASSIFICATION OF DEPOSITS O INDIAN FU D
F
NS
To the Member Bank Addressed:
For the information o f those o f our member banks which are, or may be­
come, depositaries o f Indian funds, I am quoting below Order No. 212 o f the Depart­
ment o f the In te rio r, dated September 21, 1925, rela tin g to the proper c l a s s i f i ­
cation o f such deposits:
"To A ll Disbursing O fficers o f the Indian Service and Bank Depositaries
fo r Individual Indian Money:
D M N AN TIME DEPOSITS
E AD D
Recent correspondence had with the Federal Reserve Board establishes
the fa ct that deposits o f Indian funds secured by corporate and individu­
a l surety bonds are demand deposits within the meaning o f the Federal Re­
serve A ct, because o f the in a b ility o f the Department in a l l cases to guar­
antee th ir ty days* notice to depositaries before making withdrawals. Sure­
ty bonds given by banks to secure deposits o f Indian funds provide in part*
♦But in case the surety or the Commissioner o f Indian A ffa irs shall
desire to terminate this contract as to future acts or defaults o f the
p rin cip a l, eith er may, subsequent to said stipulated period , give the other
notice in w riting, to be e ffe c t iv e th irty days from receipt thereof, o f h is
intention so to do, and thereafter no new l i a b i lit y sh a ll accrue against the
su rety .f
It w il l be seen from the foregoing that upon expiration o f the stipu­
lated term, the bond is subject to can cellation . I f the surety desires to
take advantage o f the can cellation p r iv ile g e , he must n o tify the Commission­
er o f Indian A ffa irs to that e ff e c t , such notice befoming e ffe c t iv e th irty
days from it s receipt by the Indian O ffice . Under th is arrangement i t would
be impossible to give a bank f u l l th irty days* n otice o f withdrawal without
the deposit becoming unsecured. The p ra ctice , however, o f allowing depos­
it s which have heretofore been considered as time deposits to remain undis­
turbed during the l i f e o f the bond w ill be continued, and banks w ill be no­
t i f i e d promptly upon receipt o f can cellation n otices in order that they may
have as long a time as p ossib le to arrange fo r substitute security or for re­
linquishing the funds.
As indicated above, only such funds as are secured by corporate and in­
dividual surety bonds are to be classed as demand deposits. Funds secured

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Circular Ho* 8, Series o f 1925 Cont’ d,
by Government bonds w ill be kept on deposit as long as the bank d esires, unless
good administration necessitates withdrawals. In such cases banks w ill be no­
t i f i e d at least th irty days in advance. This, o f course, does not apply to
checking accounts.
In th is connection, i t is desired to correct an erroneous impression which
some in stitu tion s appear to have with regard to c e r t ific a te s o f deposit. The
regulations do not provide fo r the acceptance o f c e r t ific a t e s , and, inasmuch
ad deposits are placed subject to the provisions o f the bonds furnished as se­
cu rity , they have no binding e ffe c t upon the Government, in so far as they at­
tempt to stipu late the periods fo r which deposits are made.
(SIGHED)

CBAS. H. BU
RKE,
Commissioner

Approved: September 23, 1925
John H. Edwards,
Assistant S ecretary.”
Since the issuance o f the above order we are in receip t o f the follow ing
advice from the Department o f the In te rio r, dated December 23, 1925:
” In this connection, you are informed that since the issuance
o f Order Ho. 212, this O ffice has let it be known that no objec­
tion would be offered should any depositary for Indian funds
succeed in persuading it s surety to modify the bond given as se­
cu rity so as to provide a fo r t y -fiv e day can cellation p eriod . In
such cases i t would be p ossib le to assure banks that th irty days*
n otice would be given in advance o f withdrawals, which, accord­
ing to Section 19 o f the Federal Reserve A ct, would establish the
deposits as time d ep osits.”
Member banks a ffe cte d are requested to observe the above rulings in the fu­
ture preparation o f th eir reports o f net deposits.
Yours very truly,

(SIGHED)

LYM P. TALLEY,
G o v e r n o r .