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Minutes of actions taken by the Board of Governors of the Neral Reserve System on Tuesday, July 31, 1951. The Board met in the lIclardRoom at 10:35 a.m. PRESENT: Mr. Szymczak, Chairman pro tern Mr. Evans Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Carpenter, Secretary Sherman, Assistant Secretary Kenyon, Assistant Secretary Thurston, Assistant to the Board Riefler, Assistant to the Chairman Thomas, Economic Adviser to the Board Vest, General Counsel Young, Director, Division of Research and Statistics Noyes, Director, Division of Selective Credit Regulation Chase, Assistant Solicitor Fauver, Assistant Director, Division of Selective Credit Regulation Shay, Assistant Counsel, Legal Division Youngdahl, Chief, Government Finance Section, Division of Research and Statistics Leach, Economist, Division of Research and Statistics Mr. Thomas presented a report on developments in the Government 4eIll'ities market. During the course of the foregoing report Mr. Vardaman joined t4 Meeting, and at its conclusion Messrs. Youngdahl and Leach withdrew. Ilefore the meeting there were distributed to the members of the of a memorandum dated July 30, 1951 from Mr. Evans outlining tr4e4414elit 10 br 8 t- “egbiatiOn WI Consumer Credit, which would be necessary to 14 the im --°visions of the regulation into conformity with the terms of ---8 7/31/51 -2- the Defense Production Act Amendments of 1951, upon approval by the Presiof the legislation. The memorandum stated that, in addition to these Nuired amendments, certain minor changes would be desirable in order to Xailltain a balance within a given segment of credit controlled by the regu14 , and that this would appear to be an appropriate time to provide eXem".44 " 1 -Lons for certain types of instalment credit where the use of such 17edit had been made necessary in order to comply with Governmental regulatiob.„ —a relating to health and sanitation. To accomplish this, it was 11114°86(1.) after having checked with the Federal Reserve Banks, all of which Qz'ed the amendment) to provide an exemption in Section 7 of the Regulation to such credit required to finance the installation of sewerage and othe, raelated necessary facilities, including plumbing and plumbing fixt‘kres. 14r. Leonard, Director, Division of Bank Operations, joined the at this Point. Mz. Vardaman called attention to the absence of a quorum and tate t hat he did not believe the Board should act on amendments to RegulEttiola w the.the /4thout a quorum even though the action were ratified later, felt the members of the Board should arrange their time so that 4 (111114 c't the Board would always be present, and that if action were to. t° approve the proposed amendments he would not participate he actio4. mAen 7/31/51 -3Mr. Evans referred to the discussion at the meeting on July 17, 151, during which he had pointed out that it could not then be determined Mat amendments would be required to bring Regulation W into conformity "Ilegislation extending and amending the Defense Production Act of 350, but that if limitations were placed on terms for only certain Parts of the regulation it would be necessary to consider what other chazge 8 might be desirable in order to have a properly balanced regula- ticlivhich would provide substantially equitable treatment for the various elasees of registrants. At the time, Mr. Evans said, he also stated that hewould bring the nature of such changes to the attention of the Board 1111the type of legislation to be passed by the Congress was determined, the other members of the Board present had concurred in this as a 484able approach. He added that the proposed amendments had been pre- acc° lace with this understanding and that he recommended that ‘rlen)e adopted to become effective as soon as the President signed the bere4se ?roduction Act Amendments of 1951, which he was expected to do 4terto%. 141's Riefler stated that the nature of the proposed amendments to Reglatttio,, „ w had been discussed with Chairman Martin by telephone and that at Chalr118.4 wished to be recorded as voting to approve them. Mr. Carpenter yeZthat the matter had been brought to the attention of Mr. Norton " 414 that he (Mr. Norton) also wished to be recorded as in favor ableilcinients. II47= ,r7 t` 713a/51 It Was the view of Messrs. Szymczak and Evans that it was important Aecessary that the amendments to Regulation W become effective as soon 48 Pc881b1e after the President signed the Defense Production Act Amendits Of 1951 and that inasmuch as it was clear that a majority of the Board P .avored the amendments they should be made effective as soon as the rre sident signed the new legislation. Mr. Vardaman stated that be did hot hAve anY objection to the amendments but that he did object to the Proced ure under which they would be put into effect when a quorum was not Preeett. Thereupon, upon motion by Mr. Evans, Amendment No. 4 to Regulation W, Consumer Credit, was approved, Mr. Vardaman "not voting". This action was taken with the understanding that it would become effective as soon as the President signed the Defense Production Act Amendments of 1951. The text of the Amendment was as follows: rectinRagulation W is hereby amended in the following respects, efve July 31) 1951: Act ( .01) BY inserting in section 1 following 'Defense Production (14 , 1950,' the language 'as amended'. amending subsection (c) of section 3 to read as follows: at 00, 11ne of Down Pa ent. - The down payment shall be obtained thethe time of delivery of the listed article; except that of an article listed in Group D, neither this P ,case 1 ! section to re Jko), section 6(b), nor section 6(f) shall be deemed 40r1 rire compliance in advance of completion of the agreed alterations, or improvements.' (b) oi'l BY inserting In the first sentence of subsection by ch2ecti°n 3 the word 'and' before the figure '(2)') clau llEing the comma after the word 'month' at the end of silch senten oa period, and by deleting the remainder of ‘,IBY 7/31/51 -5- "(4) By inserting in the first sentence of subsection (c) of section 4 the word 'and' before the figure ( t 2)', by changing the comma after the word 'month' at the end of clause (2) to a period, and by deleting the remainder of such sentence. , (5) By deleting the last sentence of paragraph (2) of subsection (a) of section 5. (6) By deleting the last sentence of the first paragraph °f S Ubsection (b) of section 5. (7) By amending item (3) in subsection (c) of section K `'to read as follows: '(3) The amount of the purchaser's down Payment (i) in cash and (ii) in property accepted as trade-in, together with a brief description identifying such property and stating the mone,arY value assigned thereto in good faith;'. ) BY amending the last two sentences of subsection (01 0 / of section 6 to read as follows: 'The record need not include a description of the article if it is purchased by means of a coupon 1 22h or similar medium of instalment credit upon 2 Which there has been made a down payment at least a8 great as the down payment required by this regulation on the article sold by the Registrant. The record need not include the information called for bY items (2) and (4) if the Registrant is one who, vith respect to the article, customarily quotes the public a time price only which includes the _inance or other charges if any, provided he sets Forth such time price in such record, and provided he obtains a down payment which is at least as large Would be required if the percentage specified tors the article in the Supplement were applicable (; )tZ time price.' r ollows: amending subsection (j) of section 6 to read as r 10) Trade-in. Any property which the seller of a listed artilys or receives in exchange, or arranges to have bought or so received, from the purchaser at or about the time of the purchase of the listed article sball be regarded as a trade-in for the purposes of his -6"(10) By adding at the end of section 7 a new subsection (m) reading as follows: '(11) Credit for Sewerage Installations. - Any credit for the purpose of financing the installation of sewerage and necessary related facilities (including plumbing and Plumbing fixtures), required in order to comply with a statute, ordinance, or regulation of the United States, a State or political subdivision thereof, pertaining to health and sanitation, where the Registrant accepts in good faith a written statement signed by the obligor certifying that such credit is for the above purpose.' , (11) By inserting at the end of subsection (a) of Section 8 the footnote reference '221/, and by adding the following footnote ‘0 s ubsection (a) of section 8: All reporting and record-keeping requirements of this ation have been approved by the Bureau of the Budget in accord'With the Federal Reports Act of 1942.' changing '25 per cent' and '75 per cent' in Part 1, Grou (12) B ofBY the Supplement to read, respectively, '15 per cent' 13 BY, changing the maximum maturity stated in Part 2 of QuPplement for articles listed in Group A, Group B, Group C :4:14!? Unclassified Instalment Loans, respectively, from '15 '30h8,to '18 months', and for articles listed in Group D from months to '36 months'. (14) PI,. , -.I changing the figure '18' to '21' in Part 3 of the Sup Plement. sa.a ,(15) By deleting from the last sentence in the first paratcoLtIV of the Supplement the language 'in the case of the Z meat( ,_16)By amending the first paragraph of Part 5 of the Suppleuo read as follows: Grim, 'Part 5. Calculation of Down Pvments for Articles in GrW' s B C and D. - In the case of any article listed in B, Group C, or Group D, the required down payment and theuP the maximum loan value shall be the specified percentage of cash price of the article. Such required down payment 4'V be obtained in the form of cash, trade-in, or both'." Approval also was given to a press release In the following form, with the understanding that it would be sent by telegram, together with the text of the amendment, to the Presidents 50 7/31/51 -7of all Federal Reserve Banks and the officers in charge of all Federal Reserve Bank branches and that the Reserve Banks would be requested, upon receipt of advice that the President had signed the Defense Production Act Amendment of 1951, to print Amendment No. 4 and distribute it to reach all registrants as promptly as possible. In taking this action it was also understood that the Reserve Banks would be requested to reprint Regulation W as amended to July 31, 1951, inclusive, and distribute copies to all registrants in their districts: "The Board of Governors today amended the terms of W - Consumer Credit - in accordance with the : m fense Production Act as revised and extended. The amend":11t, which is effective immediately, lengthens the maxi;;, 1141 maturity applicable to instalment credit for automo.; sles, household appliances, radio and television sets, furniture from 15 to 18 months, and for home repair and improvements from 30 to 36 months. Longer maximum urities are also provided for consumer instalment Oasis to other purposes. me "In accordance with the new legislation, down payela t requirements for household appliances and for radio ' to t:elevision sets have been reduced from 25 per cent 5 Per cent. The down payments required by the Regulaj maY be made in cash, trade-in, or a combination of cluifirade-in and cash. The 10 per cent down payment refor home repair and improvements now need not be "€tried prior to completion of the work. The following table summarizes the revised terms of the Re gulation: Maximum Required of Instalment Maturity Payment Credit Down Aut omobiles lB months 33-1/3k Rousehold appliances, radio, and , te 18 months levision sets , 41.1rzlitttre 18 months 15% '''eeidential repairs and improve, Ments 36 months 10% ullelassified instalment loans 18 months , Re 7/31/51 -8- "In addition, the Board exempted from the provisions Of Regulation W any instalment credit required for the installation of sewerage and other related facilities, includPlumbing and plumbing fixtures, where the householder is required to make such installation by local State or Federal health and sanitary regulations." Approval also was given to a statement for publication in the Federal Register reading in part as follows: , "The purposes of the amendment are to bring the regulaion into conformity with the provisions of the 'Defense Iroduction Act Amendments of 1951' and to make certain related and additional changes The above amendment was adopted by the Board after con.deration of all relevant matter. Special circumstances tendered impracticable consultation with industry represenittives, including trade association representatives, in formulation of the amendment, especially in view of the as Taxing and technical nature thereof; and, therefore, of aUalorized by section 709 of the Defense Production Act °' as amended, the amendment to the regulation has been Bei' issued without such consultation. Section 709 of the theea85 Production Act of 1950, as amended, provides that rro functions exercised under such Act shall be excluded (60%!h6 Operation of the Administrative Procedure Act . 37), except as to the requirements of section 3 tlie;:; V 141'• Evans said that yesterday afternoon, at the request of Mr. ?°14) Admtaistrator of the Housing and Home Finance Agency, and in Mr. 17°/tob - 8 (lbsence) he and Messrs. Riefler, Vest, Noyes, and Benner attended Etrileet 1' 4 it 1414 11e Mr. Foley's office to discuss the defense housing bill which 1)"8"- by the Senate and currently was pending before the House CurrencY CommIttee. He went on to say that Mt. Foley thought 7/31/51 _9_ that the House bill would contain limitations on down payments that d. be required under real estate credit controls authorized by the hterles Production Act, and that these limitations would make necessary substaztial relaxation of Regulation Xy Real Estate Credit, and companion tees , 44-68 of the Federal Housing Administration and Veterans Administration. that Mr. Foley expressed the view that if the Board and the Housing 44111°1116 Finance Agency decided voluntarily to make certain reductions in t*Illirsd down Payments promptly, such provisions might not be incorporated ill the legislation. Mr. Evans made the further statement that Mr. Foley then presented a x 'Posed revised schedule of terms that might be adopted for Regulation "'jell as Federal Housing Administration insured and Veterans Administratio4 " 444ranteed mortgages, and asked that he (Mr. Evans) study and comment °II the tatter as soon as possible. Mr. Evans said that following the 4aetitte 'With Mr. Foley, he and members of the staff reviewed the matter 141 the ste4dPoint of whether any relaxation in real estate credit controls *4s ceale d for at this time by economic developments and, if so, whether the 1„ schedule suggested by Mr. Foley would be suitable, but that the review tot pro the 130411. gressed far enough to enable him to make a recommendation to Re said that he also asked Mr. Riefler to discuss the matter Vith che4 Ilne-4 Martin on the telephone and that the Chairman said that the 13Y the Staff should proceed, that Mr. Foley should be advised that (-* Ok)., 7/31/51 the -la- tatter was being reviewed, and that until this review was completed he (Chairman Martin) would not be prepared to say whether any change Qlotild be made in the terms of Regulation X. Mr. Evans said that he had Mr. Foley this information over the telephone before this meeting andthat Mr. Foley said that he understood the position of the Board but 11°Pea that the study by the staff would proceed as rapidly as possible as, 111418 °Pinion, action must be taken within the next week if legislation 148`1*Ig mandatory relaxation were to be avoided. Mr. Evans stated further that Mr. Noyes also discussed the matter by telephone with Mr. Norton, 1111"treed that the study by the staff should be made as rapidly as possible. shotaa In answer to a question by Mr. Evans, Mr. Noyes said that ft be Possible to complete the study and submit a recommendation at the nlestinz Of the Board on Tuesday, August 7, and it was understood that this ilr°cedure would be followed. In response to a question by Mr. Vardaman concerning the administrevti ve hear ing under Regulation W involving H. Bartels, Inc., Philadelphia, ni pursuant to Orders issued by the Board on ey 28 a--a) being conducted .4 and julY 19) 1951, following action at the meeting on May 10, 1951, 4 'alle stated that the Federal Reserve Bank of Philadelphia had employed Ntsiae c c/Iilleel to present the case at the hearing but that due to an 4c " dent l i to the lawyer concerned Mr. Townsend, Solicitor for the .141, anUllrY 14'eeented the case on behalf of the Board. Mr. Evans said that the 7/31/51 -11which was being held before a hearing examiner, Mr. Teegarden, °1)tained from the Securities and Exchange Commission pursuant to the P"stons of the Administrative Procedures Act, was now being concluded with 41., 'Ike presentation by counsel on behalf of the registrant, and that fl°141-ne completion of the hearing, the hearing examiner would present his secommended decision to the Board, which would decide on the basis or that recommendation whether or not the license of the registrant to ertelad consumer instalment credit should be suspended. Mr. Evans stated %/therhat in accordance with the agreement at the meeting on Ally 17, 1951, he registrant had been given an option of a public hearing but Drererred hat the hearing be private. Regarding the general enforcement program under Regulation WI Mr. 4'43 8att that the work was being taken over increasingly by the Federal 44111e 13anks and in this connection he referred particularly to the t'ter ilavolving the Personal Finance Company, of Yonkers, New York, in 1141ell "4111801 for the Federal Reserve Bank had prepared the file on 111.q1 the orrice of the United States District Attorney proceeded to 1116t1tlite criminal action, after the case was referred to the Department or allrlettee Pursuant to the action of the Board on June 19, 1951. Mr Elrana pointed out that the objective of the entire enforcement Droer4 4 e 14" t0 make sure that the law was administered fairly in all Federal re AJ ‘'Istricts, that the Federal Reserve Banks were being encouraged 7/31/51 O -12- take full responsibility for the program in their respective districts, 41d that the Solicitor and Assistant Solicitor for the Board had visited the Banks to assist them in initial cases with the expectation that the 411ace would be able to take responsibility for the handling of future 443es. This, he felt, provided the most efficient means of carrying out tile ' l esPonsibilities of the Board. He added that the number of violations l'ecorded had been small in relation to the total number of registrants, litthillezY of the violations haying occurred inadvertently but that the eto loan companies represented an exception. Many of these companies, he "-, had been violating the regulation extensively, and since they 114(1 a, -cess to competent legal advice and had received cooperation from the lin. -,rkt and the Reserve Banks over the years in becoming familiar with the, ' 4 /I1Wees and provisions of the regulation, he felt that continued .ticaati-cms were inexcusable and that the companies concerned must be trope. t'ed to face the penalties involved as a result of their actions. Mr. Evans also said that while he felt the enforcement program l'n-r D. '"qPIlatiOn W was being handled very satisfactorily, he would be glad to rec eive any suggestions for improvement. Ake_ There were presented letters to the Honorable Raymond M. Foley, 8trator, Housing and Home Finance Agency, 1626 K Street, N. W., 4t°11, D. C., as follows: 1, 3,56 7/31/51 -13on Sam Air Force Base (near Ithaca), New York area. "In response to your letter of July 271 19511 this IS to advise you that the Board of Governors concurs in Your designation of the Sampson Air Force Base (near Ithaca), New York, area as an area for the application of special credit terms under section 6(p) of Regulation X, Real Estate Credit, for purposes of defense construction. Your letter states that there is a need for approximately 450 housing units to be located within reasonable commuting distance of the defense establishments, and we understand that 300 are to be rental units ranging from $55 to $75 Per month each, and 150 are to be sale units at $8,000 and $9,000 each. Under the terms of the exemption, the entire 450 units will be controlled by your agency through the issuance of specific certificates. "In accordance with your suggestion, the relaxation Of terms prescribed by Regulation X will be similar to that previously announced for other designated defense areas" Letter on Norfolk-Portsmouth, Vluinia area. "In response to your letter of July 27, 1951, this te to advise you that the Board of Governors concurs in Your designation of the Norfolk-Portsmouth, Virginia, area 48 an area for the application of special credit terms Under section (p) of Regulation X1 Real Estate Credit, or purposes of defense construction. Your letter states 1.hat there is a need for approximately 3,000 housing units 0 be located within reasonable commuting distance of the Ilefense establishments, and we understand that 2,500 are ‘0 be rental units ranging from $60 to $70 per month each, ,14 500 are to be sale units at $101000 and $11,000 each. 4 : ullder the terms of the exemption, the entire 3,000 units ill be controlled by your agency through the issuance Or specific certificates. "In accordance with your suggestion, the relaxation of erme prescribed by Regulation X will be similar to that 14leviously announced for other designated defense areas." f Letter on Wright-Patterson Air Force Base (Dayton) Ohio area. "In response to your letter of July 27, 1951, this -14- ih1/51 "is to advise you that the Board of Governors concurs in Your designation of the Wright-Patterson Air Force Base (Dayton), Ohio,area as an area for the application of special credit terms under section 6(p) of Regulation 1, Real Estate Credit, for purposes of defense construction. Your letter states that there is a need for apProximately 1500 housing units to be located within reasonable commuting distance of the defense establishMeats, and we understand that 1,000 are to be rental units ranging from $67.50 to $85 per month each, and 500 are to be sale units at $9,500 and $10,500 each. Under the terms of the exemption, the entire 1500 units vill be controlled by your agency through the issuance Of specific certificates. "In accordance with your suggestion, the relaxation Of terms prescribed by Regulation X will be similar to that previously announced. for other designated defense areas." )Washington area. Letter on Othello "In response to your letter of July 27, 1951, this to advise you that the Board of Governors concurs in Your designation of the Othello, Washington, area as an area for the application of special credit terms under section 6(p) of Regulation X, Real Estate Credit, for PUrPoses of defense construction. Your letter states that there is a need for approximately 60 housing units to be located within reasonable commuting distance of the defense establishments, and we understand that 4o Etre to be rental units ranging from $65 to $75 per month each, and 20 are to be sale units at $9,000 and $10,250 each. Under the terms of the exemption, the entire 60 441ts will be controlled by your agency through the issuance of specific certificates. "In accordance with your suggestion, the relaxation terms prescribed by Regulation X will be similar to that previously announced for other designated defense t8 areas.” Approved unanimously. 7/3115.1 At this point all of the members of the staff with the exof Messrs. Carpenter and Young withdrew from the meeting. Reference was made by Mr. Vardaman to a memorandum dated '114 11, 1951) from Mr. Young recommending the appointment on a nonanent basis of Dorothy South Projector as an economist in the 1)1.9181°11 of Research and Statistics with salary at the rate of 01400 annum, to fili The memorandum stated that Mrs. Projector would be assigned a new position which is needed because the money flows unit "he Division of Research and Statistics was insufficiently staffed to eiiie adequate attention and study to its assigned research tasks. The ' l acommendation had been approved by Mr. Powell as the Member of the ixerd having among his assignments the research programs of the BYEum. Mr. Vardaman urged that the proposed appointment be referred to ch ainllan Martin for consideration and that it be suggested that he with the Director of the Division of Personnel Administration 414 Mr. r°11ng regarding it. Mr. Vardaman also said that he was opposed toe4Y aPPointment to the Board's staff that was not essential and Net and he questioned whether the appointment of Mrs. Projector 11°U-14 fall in that category. Mr. Young stated that the matter had been discussed at some 1Nth 'with Mr. Powell. He also outlined the reasons for the recommended I F.51,4 7/31/51 -16- NRxintment and the matter was discussed. At the conclusion of the di scussion it was understood that the recommendation would be taken UP with Chairman Martin upon his return to the city. At this point Mr. Young withdrew from the meeting, and the action stated with respect to each of the matters hereinafter referred to waS taken by the Board: Memorandum dated July 27, 1951) from Mr. Bethea, Director, Dillision of Administrative Services, recommending that the resignation "Rovard W. Kushne Telegraph Operator in that Division, be accepted to be effective, in accordance with his request, at the close of business 4116118t 17, 1951. Approved unanimously. 1)44 Memorandum dated July 16, 1951, from Mr. Young, Director, ion Of Research and Statistics, recommending an increase in the beteic sa1817 of John M. Culbertson, Economist in that Division, from 4, 2 o $5,400 per annum, effective August 5, 1951. Approved Iminimously. Memorandum dated July 26, 1951, from Mr. Sloan, Director, si 4411 1951: Of Examinations, recommending increases in the basic annual of the following employees in that Division, effective August 7/31/51 -17- W. B. Lassen J. V. Fisler IC. P. Wendt Title Assistant Federal Reserve Examiner Assistant Federal Reserve Examiner Assistant Federal Reserve Examiner Salary Increase To From $4,67 $VTT, 4,325 3,825 Approved unanimously. Memorandum dated July 261 1951, from Mr. Sloan, Director, 'Ion of Examinations, recommending that Robert W. Cooke, Assistant Reserve Examiner in that Division, be designated Federal Ree Examiner, with an increase in his basic salary from t5,875 to $6,Onn Per annum, effective August 5) 1951. Approved unanimously. Letter to Mr. Diercks, Vice President of the Federal Reserve Of Chicago, reading as follows: "In accordance with the request contained in your of July 241 1951, the Board approves the appointofr Elbert O. Fults as an examiner for the Federal Reserve Bank of Chicago. Please advise us of the date uPon which the appointment becomes effective. ,"It is understocd that Mr. Fults will make arrangeto dispose of his bank stock. Accordingly the 2. ! f rd's approval of his application is given with the :..41.4aerstanding that he will dispose of the stock in The Genesee County Savings Bank, Flint, Michigan, within a reasonable time." lettere Approved unanimously. at sari Letter to Mr. Earhart, President of the Federal Reserve Bank Prancisco, reading as follows: 4145o 41 2oo A ('` 7/31/51 -18- "This is to acknowledge with thanks your letter of July 6, 1951, in which you have brought the Board up to date regarding the status of the contract with and fees Paid or payable to the architect for the Los Angeles Branch building addition and alteration project. It is noted that the contract, which calls for progress PaYments on the basis of an estimated cost of $2,700,000 for the building until actual cost has been determined, has been mcdified to provide that if the project is not commenced by June 19, 1956, an additional payment Of $24,171 would be made in 1956, and the contract would be extended for another five-year period. "The urgency for enlarged quarters at the Los Angeles , 13ranch is not being overlooked, and we hope that it will Tit possible for your Bank to undertake construction of -ale addition before expiration of the terms of the agreeof modification." Approved unanimously. Letter to Mr. Mangels, First Vice President of the Federal ReI*1Te Bank of Sun Francisco, reading as follows: a "This refers to your letter of June 25, 1951j ,Pasting a determination by the Board as to whether Purchase by the Bank of Laguna Beach, Laguna Beach, . 1 lIcrIltia, of the note of an affiliated corporation, 1: 0 'uaguna Beach Securities Corporation, amount3 to a ; 11 or extension of credit to or an investment in the 010 of an affiliate within the meaning of section 234 of the Federal Reserve Act. "YouT letter states that the affiliate borrowed from 4„ t -4Lional bank, giving as security therefor a deed of 1. 1 on the building occupied by the Bank of Laguna Beach, the allat, subsequently, the latter, with the approval of " n erintendent of Banks of California, purchased the totA 'O the national bank. olle "Ordinarily, the purchase of negotiable paper 1.11 the to .1 111erket does not amount to a loan or extension of credit p- 13 °riginal borrower. However, the facts and circumstances Of ' P"ticular case would alter this conclusion. As you L 4 4 7/31/51 -19- "know, one of the purposes of section 23A was to limit loans or extensions of credit tn affiliates of member banks and this purpose could be easily defeated by a purely technical interpretation of the statute. Thus, an affiliate could arrange for credit from a third party with a side agreeMent, written or oral, that the member bank would purchase the affilTate's note. Because of the ease with which the tatute could be evaded, and the difficulty of distinguish! ' flg the cases, the Board believes it advisable to class all purchases by member tanks of notes of their affiliates as lcalas or extensions of credit to affiliated organizations. With respect to the security for such loans and extelas.Lons of credit, the Board agrees with the opinion of Your Counsel that the Board's 1933 ruling (F.R.L.S. 56720) to the effect that real estate mortgages ordinarily do not Itteet the 'market value' test prescribed by section 23A for st°cks, bonds, debentures, or other such obligations', is ecluallY applicable to a deed of trust." Approved unanimously, with the understanding that the Presidents of all Federal Reserve Banks would be advised of this action by letter. Letter to Mr. J. L. Robertson, Deputy Comptroller of the Currency, 14shinet °11, D. C., reading as follows: i "Since receipt of your letter of April 25, 19)1, and accordance with your suggestion, the use of armored ks by the Puerto Rican branch of the National City of New York has been the subject of two conferences :: 4 13 4/een representativ,as of the Office of the Comptroller • w the Currency, the Federal Deposit Insurance Corporation the Board of Governors. The second of these conferences • -e aeld July 25, 1951. pe , The discussions have covered the technical and legal ase of the matter, including the distinction between the o' 13.tion of branches in an insular dependency and the mainthe conditions peculiar to Puerto Rico and the extent granted to the National effect 0, .Lty, Bank. of the use of the authority the The Board of Governors has recently been requested by 4nsular Government to send a delegation to Puerto Rico 7/31/51 -20- t1 Primarily for the purpose of exploring the possibility for improvement of the system of check clearing and exchanges both within the island and with the mainland. It will also make some inquiry into the credit needs and facilities of the island. Present plans are for the delegation to go to Puerto Rico in September. It was suggested at the recent conference that the delegation might develop at first hand further information with regard to the matter of the use Of armored trucks. "It is felt that the Board would want and should have a8 complete information as possible on which to base pny e°11siderat1on of rescinding the authority granted to the ational City Bank and, therefore, it is suggested that rurther consideration of the matter be deferred until sUch information can be obtained." Approved unanimously. Letter to the Honorable Jess Larson, Administrator, General Sev—, "lceE Admlnistration„ Washington, D. C., written pursuant to action telte4 at the meeting of June 281 1951, reading as follows: "This refers further to your letter of June 21, 1951, essed to Governor Vardaman, in which you suggested con‘eration of a separate schedule of guarantee fees on V°alls,made to finance the construction of industrial facilities. 1,0 'Before expressing our views with respect to this pro:_aal, it appeared desirable to consult with the other ranteeing agencies; and, as you were previously advised, 8.46 Board addressed identical letters to the guaranteeing lIcies on June 29 requesting their comments regarding the te,T)sal. We are now in receipt of letters from the Departth:"8 of Defense, Commerce, Agriculture, and Interior, and Omit Energy Commission, copies of which are enclosed, lt aPpears that these agencies are not inclined to favor thi, rejPl'oPosal. As you will observe, some of the agencies till ;that V-loan guarantees should not be used for the ileing of facilities expansion. itell After thorough consideration of this matter and in the the Lor the comments made by the other guaranteeing agencies, zeh.7ard is of the opinion that the adoption of the proposed -'ule of fees would not be desirable. r r X 1/31/51 -21- "As indicated in the Board's letter of June 29 to the guaranteeing agencies, we feel that the suggested schedule would not be entirely realistic and would proVide a more favorable treatment for guarantees of facilities 1°alas than for guarantees of working capital loans which would be difficult to justify. Application of the plan would also involve serious administrative problems. Moreover, as indicated in the letters received from the DePartments of Defense and Agriculture, the proposal would aPPear to be inconsistent with the memorandum submitted tO the President on June 8, 1951, by the Director of the 1B3ureau of the Budget, the Chairman of the Council of ,e°11°mic Advisers, and the Director of Defense Mobilization, 41 which it was recommended that the present interest ?eiling and schedule of fees with respect to V-loans De retained. 10, "We shall, of course, be glad to discuss the matter _"h you further in consultation with the other guaranteeing t'ncies ge if you should feel that further discussion is des treble." Approved. unanimously. Telegram to the Presidents of all Federal Reserve Banks, reading f°110Ws. "Section 5(k) of Regulation X provides that the regula_7.1°11 does not apply to real estate construction credit extended ic)r to 32 days after certain new construction is completed. extended after the 32-day period is exempt, however, bv ..ases -where the extension of credit is necessarily delayed tie difficulties, pending litigation with respect to the Property., or comparable circumstances." 4, g Approved unanimously. Secretary.