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216
A meeting of the Board of Governors of the Federal Reserve
878tell was held in Nashington on Saturday, February 10, 1940, at 11:30
a.

PRESENT:

Mr.
Mr.
Mr.
Mr.

Eccles, Chairman
Ransom, Vice Chairman
Szymczak
McKee

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"ter re
ferred to was taken by the Board:
Ilederta

The Minutes of the meeting of the Board of Governors of the
Reserve System. held on February 8, 1940, were approved unani-

Telegrams dated February 9, 1940, to Mr. Leach, President of
the

?ederal

Reserve Bank of RI chmond, Mr. McLarin, First Vice President

or the reclerel
Reserve Bank of Atlanta, Messrs. Dillard, Stewart and
1)(114)11
'Secretaries of the Federal Reserve Banks of Chicago, St. Louis
h,L11(1 141141eaPoli
qeeerve

respectively, Mr. Gilbert, President of the Federal

of Dallas, and Mr. Hale, Secretary of the Federal Reserve
411k or Set
Francisco, stating that the Board approves the establishet
Without
el'ange by the Federal Reserve Bank of San Francisco on
6
d. by the Federal Reserve Banks of Richmond, Atlanta,
"
-ceRo
the

St
s
Louis, Minneapolis and Dallas on February 8, 1940, of
l‘ates
Of discount and purchase in their existing schedules.




Approved unanimously.

217
2/10/40
-2Letter to Mr. Kimball, Secretary of the Federal Reserve Bank
"New

Ic)ric-, reading as follows:

Bo

tt2
eferring to your letter of February 3, 1940, the
:
R rd of Governors approves the reappointment of Messrs.
K- Beach, Arthur G. Nelson, William H. Pouch, and
0
- --flei8 B. Reynolds as members of the Industrial Advisory
t rlittee for the Second Federal Reserve District to serve
r terms
of one year each beginning March 1, 1940.
It is understood from your letter that Mr. Edward
J.
le, who is at present a member of the Industrial
1d
0 Y
was not Committee and also Under Secretary of Comerce,
reappointed, and that pending further study of
'h.'ll_cosing a
saccesFor to him his place on the Committee
not been filled for the coming year."
Approved unanimously.
Letter to Mr. F. D. McCartney, Secretary, Marshall-McCartney
Colpe
' Oakes, North Dakota, reading as follows:
mie ;This refers to your request that the Board deterhold4 het Your company is not engaged as a business in
g the stock of, or managing or controlling, banks.
corn
he Board understands that your company is a closed
MeX,
'
1 ation, the stock of which is owned by members of the
vari'all and McCartney families; that it is engaged in
owt2,4s business enterprises, including managenent of farms
'
atm
bY it and others, dealing in !
r-rain, seed, livestock
reel estate, negotiating real estate loans, and hold01, reel estate end securities investments; that it owns
or rerontrois a majority of the outstanding shares of stock
First National Bank of Oakes, Oakes, North Dakota;
e vuet it does not own or control any stock of or manage
O
Oak es
°ntrol any bank other than The First National Bank of
that "In view of these facts, the Board has determined
et a 2
Y 11r company is not engaged, directly or indirectly,
troll rlsiness in holding the stock of, or managing or cont111
,.banks, banking associations, savings banks, or
coraPanies, within the meaning of section 2(c) of
iz II-an-king Act of 1933, as amended, and, therefore, it
then°t 8 holdinrr company affiliate for any purposes other
th0s0 of section 23A of the Federal Reserve Act.




218
P/10/4.0
7

f.
"If) however, the facts should at any time differ
_ronl those set out above to an extent which would indii.eitlt
.e that your company might be deemed to be so engaged,
,
un_ls matter should again be sulnitted to the Board. The
ll'oard reserves
the right to make a further determination
4t tiny time on the basis of the then existing facts."
Approved unanimously for transmisSiert throuPh the Federal Reserve Bank of
Minneapoli S.
Letter
41,1,e B

to Mr. Paddock, First Vice President of the Federal P

4111-- of Boston, reading as follows:
24

"Reference is made to 1,.1r. McPee's letter of .Tanuary
1940, and enclosures, presenting for the considerapC" of the Board the question whether The Tpunton Morris
thellme°111PanY, Taunton, Massachusetts, is a 'bank' within
r earlin. of section 8 of the Clayton Act, since, if
th e u
nY is not a 'bank', the statute is not applicable
tolir-°111Pa
e
Harrison VI. George who is serving as Treasurer End
Con of the Company and as a director of the Bristol
klit3r Trust Company of Taunton.
It is understood that the Company was incorporated
1„.4---1-7 under Chapter 156 of the General Laws of Massathat by its charter it is 'not to carry on the
.
:
308 11ess of a bank or tru.st company'; that since its moorit has continued as a Massachusetts business corto ni°11 and paid taxes as such; that having no deposits
Peci:"slue) it has never applied for membership in the
so-rt31
i
Deposit Insurance Corporation; that, while it is
ileet to the
supervision of the Conuissioner of Banks
witIse
.t ssaohusetts, it has never become a banking company
ma8"In the meaning of Chapter 172A of the General Laws of
Theriitlehtlsetts, and that since February 1939 the stock of
by rphi'llInton Morris Plan Company has been entirely owned
Mol'ris Plan Comnany of 'Rhode Island, Providence,
tione I sland, with the result that in general the operathe Company is similar in all respects to the
cyr
in which the branches of The Morris Plan Company
41u-ode
Island are operated in that State.
Paid :11:t is further understood that the Company sells Italy
fIrt
vestment certificates but only in denominations of
QeeciY4i,(1011ars or multiples thereof in an amount not to extot i 1000 to any one Person, firm or corporation, the
erriount of such certificates outstanding as of November




219
2/10/40
-4"25)
being approximately Lt'53,000; that, although
it maY
redeem such certificates on demand, it requires
e l
'eFistered owner thereof to sign a receipt therefor
en the back
of the certificate with the practical result
that -ere
there is no effective method of negotiating such
cert.
except by presenting it at the office of issue,
eh holds the -stub originally attached to such certifi'
e e and vthich stub bears the
owner's signature, the Co:m.13
4"Y also reserving the right to require thirty days'
_?ti ce in writing and to limit the aggregate amount of
v'elthdrawals on its investment certificates in any one
()ea',
month to an amount not exceeding its net receipts
the
Previous calendar month; that, although the Corn13
1.,,11
,,,
Y has authority to do so,
o, it does not issue so-called
0"'L'allment investment certificates representing accounts
ePe.,,,
enecl for the purpose of purchasing fully paid investment
co
'
-Th ulficates on aninstallment basis; that, although the
tiTelp
., t111Y Pays interest on its fully paid investment cer'
ch'leatesi such interest is payable to the customer by
Tneric °t1 Sanuary and July first of each year; that the
t' '
ia s°11 Portion of the Company's transactions consists of
the
discountinr of its various types of installment notes,
) etc., and the handling of the repayments on loans,
lse
the
c°11IPanY
averaging about one hundred of such transacti0n
or t-i,
s Per day; that the daily cash on hand to take care
ve,
ille Company's transactions in loans and fully paid inCertificates averages not over •t2,500, of which
:500 is set aside for payments on fully paid investded-i
'certificates; that only a mall mount of one teller's
inen;Y time is used in connection with the receipt and pay°f funds with respect to investment certificates inv.,er eh e's only approximately :.'53,000 of such certificates
ro e out standing.
as of November 25, 1939, representing only
certificate holders; that there is very little turno :, in the amount of fully paid investment certificates
With,
utt
anding: there being en average of only one or two
a14al5 per month; that the Company does not issue
ert checks or drafts, such checks as it issues being
Mae.,111 on banks where it has deposit accounts in Taunton,
ehlisetts, or in Providence, Rhode Island; that the
co:L
does not accept deposits or maintain any form of
corlrie-tled checking account service but receives funds in
tiQn with the issue of its fully paid investment certi r.::,
-be2; that the company is nrolA bit ed by law from
trq1
1;
-"tine and does not transact a trust business; that
it d,
'
es not offer safety deposit facilities to the public;




,(20
2/10/40
-5"that it transacts no escrow or agency business for the
Pr/11°11 c; that the company does not buy or sell securities
tel
'customers except in rare cases when it is necessary
to
meice an occasional sale of securities held as collateral
°r a loan vthich is in default; that it is not a
member
°fY clearing house association; that its business hours
,
ere not
rg in identical rith those of banking institutions operatthe community, its hour of closing extending one
113
'beYond the closing hour of such banking institutions;
exat, althoufzh it is subject to the supervision of and
,ottaination by the Commissioner of Banks of Massachusetts,
ri also are cooperative banks, credit unions and small
rerl'Ince companies in the State; and that, although it is
Orciiiired to suhnit reports of condition to the
Commissioner
me,
I3anke and to publish reports at such times and in such
i:ner as the Commissioner shall direct, apparently
it
not always
required to Publish such reports as frequently
banks and trust companies in the
State are required to
it having
been
required
but
once
to publish its statenet
puti c3f condition. It is understood also that the general
regards the Company as a lending corporation or
lealee Company operating primarily in the installment
ede, -I-11g field and does not, to the best of existing knowle' regard the Company as a bank of deposit.
ticti "From the foregoing, it appears that the powers and
i_
ties of The Taunton Morris Plan Company, Taunton,
setts, are essentially the same as those described
corje poard's letter of October 19, 1939 (3-189-a). Acts .0
;r1 1
. 3r, on the basis of the facts set forth above, it
corri e °Pinion of the Board that The Taunton Morris Plan
:
1 Tau
the'''ellYnton,
Massachusetts, is not now a 'bank' within
meaning of section 8 of the Clayton Act."

4




Ipproved unanimously.
Thereupon the meeting adjourned.

Secretary.

Chaiman.