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1.04117

A meeting of the Board of Governors of the Federal Reserve

sYst

Ivas held in Washington on Wednesday, July 28, 1937, at 11:45

ra
.

PRESFET:

Mr.
Mr.
Mx.
Mx.
Mx.
Mr.

Eccles, Chairman
Ransom, Vice Chairman
Broderick
Szymczak
McKee
Davis

Mr.
Mr.
Mr.
Mr.

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

Consideration was given to each of the matters hereinafter reretire.?
to and the
action stated with respect thereto was taken by the

toE,ra:

The

oral. R
O

minutes of the meeting of the Board of Governors of the Fed-

.' 6.rve System held on July 27, 1937, were approved unanimously.

Letter to Mr. McLarin, Vice President of the Federal Reserve
41112Lk °.t

Atlanta, stating that the Board approves the changes in the

.13e1(11111e1 cla
ssification plan of the bank, as requested in his letter
221 to provide for increaEes in the maximum salaries for the
itions of
File Clerk-A from'd1,560 to 1,620, and for File Clerk-B
to41,320 per annum.
Approved unanimously.

Letter to Mr.
Young, Vice President of the Federal Reserve Bank

eo,

reeding as follows:

ta7!le report of examination of the 'G. W. Jones Exchange
'Marcellus, Michigan, as of May 29, 1937, shows that
te bank
is exercising trust powers to the extent of adminis-




1048
7/28/37
-

"t

erin one guardianship with total assets of 4,6,334.68.
"It appears that the bank, which was admitted to memberMarch 4, 1918, was granted trust powers by the State of
Mi chigan on November 12, 1927, authorizing it to act as executor,
administrator and guardian, but, according to our
records, has
not previously exercised such powers. The bank
15 Subject
to the so-called general condition of membership
!
hlch
there requires that except with the approval of the Board
shall be no change in the general character of the
lassets
of or broadening in the functions exercised by the
aulz at the time of
its admission to the System, and the exof trust powers without first obtaining the approval
ul the Board
is regarded as a violation of that condition.
v, "It would appear that the violation is inadvertent, and
Board will raise no objection to the bank's administering
the one
b,
gUardianship it now holds, but if it desires to accept
,;p any additional trust accounts it should first make ap?tVcation to the Board for permission, in accordance with
the
general condition of membership, to exercise the fidu'arY powers granted by the State authorities.
th
"The comments in the report of examination indicate that
s,, bank does not maintain proper records for the guardianlt is now administering. The responsibilities assumed
t%tthe
acceptance of a fiduciary account require that Fide411 e records be
promptly established and properly maintained.
cou "It is assumed
that the Board will be advised in due
to fe of corrections and adjustments effected with regard
the
reported violations of Section 5136 U.S.R.S. and of
"guletion q.n
Approved unanimously.
Letter to Mr. Sihler, Assistant Vice President of the Federal
of Chicago, reading as follows:
The i neference is made to your correspondence regarding
INhet;flquirY presented by The Chicago Stock Exchange as to
tr,'er certain transactions constitute bona fide arbitrage
ti:sactions within the
meaning of section 3(d) of Regula411
,
,
1al% As You know, a reply to your letter has been dewhile certain practical aspects of this problem were
ei ue,
i
nvestigated.
acti It is understood that the inquiry relates to transin two securities of which the first is an issued
J:ant of
a particular corporation which evidences a right




104!7)

"to subscribe, by the payment of a specified sum of money,
to a
security which is definitely to be issued by the col.Poration. The second security is the security that may be
?btained by exercising the warrant, and it may conveniently
'e referred to as the subject security.
"In order to take advantage of the disparity in the
relative market
prices of the warrant and the subject seell
,ritY, a customer of a member of a national securities ex.ct'ezge purchases the warrant through the member and simul211neously, or nearly simultaneously, sells short through
,Die member that
quantity of the subject security called for
DY the
warrant.
„i'Iii one case the subject security is part of an addia ,--- issue of outstanding securities of the corporation
is sold short as an issued security. In another case
the
subject security is part of an issue of which no portion
i'3s out
standing, and it is sold short on a 'when issued'
ers. In both cases the customer instructs the member to
c ercise the warrants and to cover the sales with the se,
,
IIrities thus acquired, and the member advances the subscrip61on funds
for this purpose.
or t It is the opinion of the Board that if transactions
C
type described are effected as outlined above in
good
faith and not for the purpose of evading or circumvent006 the
of the regulation, such transactions would
11,i41!:stitute bona fide arbitrage transactions in securities
1:'
0114.1in the meaning of
section 3(d) of Regulation T and, theresmicht be
effected in a special account pursuant to the
ions of that section.”

pro:I

Approved unanimously.

Thereupon the meeting adjourned.

441'01i-ea:




Chairman.