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838

A. meeting of the Board of Governors of the Federal Reserve
EYstem was held in Washington on Saturday, June 24, 1939, at 11:45
a. ra.
PRESENT:

Mr.
Mr.
Mr.
Mr.
Mr..

Ransom, Vice Chairman
Szynczak
McKee
Davis
Draper

Mr. Bethea, Assistant Secretary
Mr. Clayton, Assistant to the Chairman
The action stated with respect to each of the matters hereinafter referred to was taken by the Board:
The minutes of the meeting of the Board of Governors of the
Federal Reserve System held on June 23, 1939, were approved unani11(Yusly.
Letter to Mr. Parker, President of the Federal Reserve Bank
cn Atlanta, reading as follows:
"In accordance with the request contained in your
letter of June 12, the Board approves the appointment,
effective July 1, 1939, of Robert M. Stephenson as an
examiner for the Federal Reserve Bank of Atlanta."
Approved unanimously.
Letter to Mr. Day, President of the Federal Reserve Bank of
44 Francisco, reading as follows:
"This refers to your letter of April 12, 1939, and
its enclosures, relating to the question whether Seattle
Trust and Savings Bank, Seattle, Washington, must pledge
securities with its trust department to secure any trust
funds deposited by it in its savings department, the bank
being subject to the following condition of membership:




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6/24/39
"If trust funds held by such bank are
deposited in its banking department or otherwise used in the conduct of its business, it
shall deposit with its trust department security in the same manner and to the same extent as is required of national banks exercising
fiduciary powers.'
"Pursuant to the provisions of section 11(k) of the
Federal Reserve Act, section 9(b) of Regulation F provides
that funds received or held by a national bank as fiduciary
investment or distribution shall not be used by
the bank in the conduct of its business unless the bank
delivers to its trust department as security for such
funds certain kinds of securities having a market value
at least equal to the amount of the trust funds so used.
"In the ruling contained in its letter of November
8, 1938 (5-127), and published in the Federal Reserve
Bulletin for January 1939, at page 12, the Board expressed
the opinion that trust funds invested by a national bank
by deposit in its own savings department are not required
to be secured because they are not funds awaiting investor distribution and, accordingly, it is the Board's
Opinion that the above-quoted condition of membership does
not require that trust funds invested by Seattle Trust
and Savings Bank by deposit in its own savings department
be secured.
"The Board has not attempted to lay down any precise
rule by which it shall be determined whether funds deposited by a State or national bank in its own savings
department are invested; but, with regard to national
banks, the Board's Regulation F, as stated in its letter
(S-127), prohibits an investment of trust funds in the
national bank's own savings department unless such investment is required by the trust instrument or court
order. However, the Seattle Trust and Savings Bank is
not subject to a condition of membership prescribing such
a prohibition and funds of a trust administered by the
Seattle Trust and Savings Bank might be properly inin its savings department even though such investment is not required by the trust instrument or court
order. In determining whether particular trust funds
carried in the savings department of a bank are invested
in such department and therefore need not be secured, consideration should be given to the applicable State statutes, trust instruments, court orders, and any other




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"facts and circumstances which indicate whether or not the
filnds are carried in the savings department as investments."




Approved unanimously.

Thereupon the meeting adjourned.

Assistant Secretary.