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1565

A meeting of the Board of Governors of the Federal Reserve
SYstem was held in Washington on Monday, December 9, 1940, at 11:00

PRESENT:

Mr.
Mr.
Mr.
Mr.
Mr.
Mr.

Eccles, Chairman
Ransom, Vice Chairman
Szymczak
McKee
Davis
Draper

Mr.
Mr.
Mr.
Mr.

Morrill, Secretary
Bethea, Assistant Secretary
Carpenter, Assistant Secretary
Clayton, Assistant to the Chairman

The action stated with respect to each of the matters herein—
after referred to was taken by the Board:
The minutes of the meeting of the Board of Governors of the
Federal Reserve System held on December 7, 1940, were approved unani—
mously.
Letter to Mr. Leach, President of the Federal Reserve Bank of
'mond

reading as follows:

"In accordance with the request contained in your
letter of December 4, the Board approves the appointment,
effective January 2, 1941, of N. L. Armistead as an exam,lner for the Federal Reserve Bank of Richmond."
Approved unanimously.
Letter to the board of directors of the "State Bank of Harbor
8eaeh", Harbor Beach, Michigan, stating that, subject to conditions
Of
membership
numbered 1 to 3 contained in the Board's Regulation H,
the
Board
approves the bank's application for membership in the Federal




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-2-

Reserve System and for the appropriate amount of stock in the Federal
Reserve Bank of Chicago.
Approved unanimously for transmission through the Federal Reserve Bank of
Chicago.
Letter to Mr. Parker, President of the Federal Reserve Bank
(1)f Atlanta,
reading as follows:
"This refers to your letter of November 19, 1940,
and enclosures, relating to questions raised by Commerce
Union Bank, Nashville, Tennessee, concerning the application of the following condition of membership to which
the bank is subject:
'3. Such bank shall not engage as a
business in issuing or selling either directly or indirectly (through affiliated corporations or otherwise) notes, bonds, mortgages,
certificates, or other evidences of indebtedness representing real estate loans or participations therein, either with or without
a guarantee, indorsement, or other obligation
of such bank or an affiliated corporation.'
"The questions are set forth in a letter addressed
to the manager of the bank's Mortgage Servicing Departent by the bank's counsel wherein he states that he had
en asked whether such Department properly could -'(a) Act as an agent for individual mortgage security holders by performing services
in connection with the making of renewals of
mortgage loans which you are presently servicing and of those which you might service or
act as agent under the second question hereinafter stated; your compensation to be paid by
the note owner out of interest collected by
you for him from the maker:
'(b) Act as agent for individual investors under arrangements whereby an individual
desiring to invest in mortgage securities in
this State would deposit with your Department
the approximate amount of money he desired to

r




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on such security, the Mortgage Servicing Department attempt to locate a borrower,
arrange for a tentative loan to be made by the
proposed investor to the borrower, and, after
the matter had been tentatively agreed upon,
submit to the proposed lender, for his approval,
information respecting the proposed loan, form
of mortgage and note or notes to be used, etc.,
and, if the loan, security, etc., were approved
by the proposed lender, then to act further as
agent for the lender, by collecting interest
and otherwise servicing the loan, and, after
deducting from the interest thus paid an agreed
percentage as commission, to turn over to the
lender the net interest, etc.; and, in connection with these loans, as first stated, to act
as agent of the lender in effecting renewals
or extensions, etc.'
.
"With respect to the first question, it is the Board's
view that the condition of membership does not prohibit
the bank from acting as agent for the holders of the loans
in connection with the renewal of mortgage loans which
are being serviced by the bank.
"With respect to the second question the answer is
not quite so clear. Operations under such a plan as that
suggested by the bank might be so conducted as to defeat
entirely the purpose of the condition which was adopted
as a standard condition of membership in the light of
experience which had shown that demands upon banks to
repurchase mortgages sold had proved harmful, if not dis”trous, to many banks even though a bank had no legal
!
lability to repurchase them. On the other hand, it is
l'ecognized that a bank might exercise the agency functions
proposed in such manner as to violate neither the letter
the purpose of the condition. In the circumstances
'he Board will interpose no objection to the proposal
T:Itlined by the Commerce Union Bank provided the operations are carried out strictly as outlined and within the
sPint and purpose of the condition of membership."
Approved unanimously.
Letter to Mr. Evans, Vice President of the Federal Reserve Bank
Dallas, reading as follows:




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-4-

"This refers to your letter of November 22, 1940,
transmitting the request of the Minden Bank & Trust
Company, Minden, Louisiana, for permission to acquire
the stock of a real estate corporation which it proposes
to organize for the sole purpose of holding the banking
premises, furniture and fixtures, and such other real
estate as the bank may acquire in the course of its business in the future.
"In accordance with your recommendation, the Board
.
will interpose no objection to the transaction as outlined in your letter and the accompanying letter dated
Jovember 18, 1940, from the president of the bank, in
Which he states that the stock of the realty company
Will be carried on the books of the bank at a value not
in excess of that at which the bank premises and furniture and fixtures are now carried and gives assurance
that, if at any time in the future the bank should desire to make use of the company for any other purpose
than stated, the matter would first be submitted to the
Reserve Bank."
Approved unanimously.
Letter to the Presidents of all Federal Reserve Banks, reading
ae follows:
"It is requested that, in accordance with the usual
Practice, annual reports of holding company affiliates
cm Form F.R. 437 be obtained for the year ending December
31, 1940, or for the holding company affiliate's latest
fiscal year if it differs from the calendar year. Please
deliver to each holding company affiliate which has its
Principal executive office in your district, and which
h°1ds a general voting permit, three copies of Form F.R.
437, with the request that the annual report be filed in
duplicate with your bank not later than February 1, 1941.
"The necessary supply of Form F.R. 437 is being forwarded to your bank under separate cover. The form has
not been revised and is identical with the form used in
c?nnection with the annual reports of holding company aff1)..lates for 1938 and 1939. Also, the instructions contained in the Board's letter of December 23, 1938 (R-368)
8.nd the memorandum enclosed with that letter (R-368-a)




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"are still applicable to the handling of the reports,
except certain dates mentioned in the instructions.
Accordingly, it is suggested that reference be made to
R-368 and R-368a for information as to the procedure
to be followed in obtaining the reports."
Approved unanimously.
Mr. Szymczak recommended that approval be given to the payment
by the Board of the cost of the dinner (101.86) which is being arranged
for the Chairmen of the Federal Reserve Banks at the Columbia Country
Club this
evening.
Approved unanimously.

Thereupon the meeting adjourned.

1k7
-19
61)4
)
Secretary.

A
PProved:




Chairman.