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609
6/61

Minutes for

To:

Members of the Board

From:

Office of the Secretary

June 7, 1961

Attached is a copy of the minutes of the
Board of Governors of the Federal Reserve System on
the above date.
It is not proposed to include a statement
with respect to any of the entries in this set of
minutes in the record of policy actions required to
be maintained pursuant to section 10 of the Federal
Reserve Act.
Should you have any question with regard to
the minutes, it will be appreciated if you will advise
the Secretary's Office. Otherwise, please initial
below. If you were present at the meeting, your
initials will indicate approval of the minutes. If
you were not present, your initials will indicate
only that you have seen the minutes.




Chin. Martin
Gov. Mills
Gov. Robertson
Gov. Balderston
Gov. Shepardson
Gov. King

19r9
Minutes of the Board of Governors of the Federal Reserve System
on Wednesday, June 7, 1961.
PRESENT:

Mr.
Mr.
Mr.
Mr.
Mr.

The Board met in the Board Room at 10:00 a.m.

Martin, Chairman
Balderston, Vice Chairman
Mills
Shepardson
King
Sherman, Secretary
Kenyon, Assistant Secretary
Fauver, Assistant to the Board
Hackley, General Counsel
Farrell, Director, Division of Bank Operations
Solomon, Director, Division of Examinations
Hexter, Assistant General Counsel
Hooff, Assistant General Counsel
Furth, Adviser, Division of International
Finance
Mr. Kiley, Assistant Director, Division of Bank
Operations
Mr. Goodman, Assistant Director, Division of
Examinations
Mr. Leavitt, Assistant Director, Division of
Examinations
Mrs. Semia, Technical Assistant, Office of
the Secretary
Mr. Potter, Legal Assistant
Mr. Schwartz, Chief, Statistical Operations
Planning Section, Division of Research and
Statistics
Mr. Poundstone, Review Examiner, Division of
Examinations

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

Items circulated or distributed to the Board.

The following

items, which had been circulated or distributed to the Board and copies
of which are attached to these minutes under the respective item numbers
indicated, were approved unanimously:
Item No.
Letter to the Federal Reserve Bank of Chicago
regarding a plan of The First National Bank of
Chicago to promote new savings accounts.




1

1910
-2-

6/7/61

Item No.
Letter to Union Bond & Mortgage Company, Port
Angeles, Washington, regarding the final tax
certification issued by the Board on April 28,
1961.

2

Letter to the Presidents of all Federal Reserve
Banks regarding insurance carried by the Reserve
Banks and the Board of Governors.

3

Letter to the Federal Reserve Bank of San
Francisco noting without objection the action
of the Bank's Board of Directors authorizing
the acquisition of an electronic computer system.
Report on competitive factors

(Elsie-St. Johns, Michigan).

ller of the
There had been distributed a draft of report to the Comptro
d consolidation
Currency on the competitive factors involved in the propose
National
of The State Savings Bank of Elsie, Elsie, Michigan, and Clinton
Bank and Trust Company, St. Johns, St. Johns, Michigan.
After a brief discussion the report was approved unanimously,
its conclusion reading as follows:
The proposed consolidation of The State Savings Bank
of Elsie and Clinton National Bank and Trust Company, St.
Johns, would eliminate a moderate amount of competition.
The resulting bank could provide more effective competition
for the larger banks in the area without apparent adverse
effects on the smaller banks.
Messrs. Hooff and Leavitt then withdrew from the meeting and
entered
Miss Hart, Assistant Counsel, and Mr. Smith, Legal Assistant,
the room.




1911

-3-

6/7/61

Head office location of Chemical Overseas

(Item No. 5).

At

its meeting on May 10, 1961, the Board considered the request of Chemical
International Finance, Ltd., of New York City for consent to removal of
the head office of its subsidiary, Chemical Overseas Finance Corporation,
from New York City to Bermuda.

There was some question as to whether

the Board's consent was required, and the Board asked the Legal Division
to explore that question further.

It was also agreed that in the mean-

time inquiry would be made of the Department of State as to whether it
saw any reason why the change of location should not be approved.

The

move had, in fact, been accomplished some time before the Board's approval
was requested.
A memorandum dated June 2, 1961, from the Division of Examinations,
which had been distributed, reported that the State Department's response
indicated no objection from the foreign relations point of view.

However,

the response stated that "you may wish to inform the applicant of the
Administration's tax proposals under which American corporations would
be taxed on their current share of the undistributed profits realized
by subsidiary corporations organized in economically advanced countries.
The present treatment of subsidiaries' income in less developed
countries, namely deferral of tax until income is distributed to the
parent, would continue except in the case of a tax haven corporation
which is defined generally as one receiving more than 20 per cent of
its gross profit from sources outside the country in which it is created.




I91.2
6/7/61
These tax proposals, if adopted, would tend to lessen the tax advantage
of certain types of operations in countries like Bermuda."
Attached to the memorandum was a draft of letter to Chemical
International Finance granting the Board's consent to the relocation
of the head office of Chemical Overseas and quoting the aforementioned
passage from the Department of State's letter.

Also attached to the

memorandum was a memorandum dated June 1, 1961, from the Legal Division
in which the question of the Board's authority over the relocation of
Chemical Overseas' head office was comprehensively explored.
conclusion reached was that the Board had such authority.

The

Support for

this conclusion was found in a condition the Board had imposed when it
granted approval of the investment by Chemical International in the
subsidiary.

Under that condition, Chemical International could not

purchase or hold any stock in Chemical Overseas if the latter, except
with the consent of the Board, established any branch or agency, or
took any action or engaged in any operation, in Panama or elsewhere,
which at that time could not be taken or engaged in by Chemical International itself.
In discussion of the matter, Governor Mills questioned the
desirability of including in the letter to Chemical International the
passage from the Department of State's letter, both because of the
inference that he read into the inclusion of the quotation and because
it might be assumed that Chemical International was fully familiar with
the current tax proposals.




-5-

6/7/61

Following staff comments on this point, Chairman Martin remarked
ent's
that in his view the inclusion of the quotation from the State Departm
along
letter might well be regarded by Chemical as a courtesy in passing
to it information received from the State Department, with which
organizations such as Chemical have to deal frequently in the conduct
of their foreign business.

However, he had no strong feeling about

the paragraph in question and would have no serious objection to leaving
it out.
After further discussion, the letter to Chemical International
Finance, Ltd., was approved unanimously in a form in which the quotation
from the State Department's letter was omitted.

A copy of the letter,

as sent, is attached as Item No. 5.
Messrs. Farrell, Furth, Kiley, Goodman, Potter, Schwartz, and
Poundstone then withdrew from the meeting.
Mutual fund investing in Government securities

(Item No.

6).

A memorandum dated May 31, 1961, from the Legal Division had been
distributed in connection with a question raised by the Federal Reserve
Bank of Cleveland as to the status under Regulations T and U of shares
in a proposed open-end mutual fund, to be formed for investment in
Government securities.
Although the Board had never ruled directly on the status of a
d in
mutual fund that invested in exempted securities, in a ruling publishe
October 1952 the Board held that it would be a violation of Regulation T




1f314
-6-

6/7/61

for any broker or dealer to arrange credit for the purchase of shares
in an open-end investment company that were not themselves registered
on a national securities exchange, even though the investment company's
portfolio might consist of registered securities.

The status of the

shares themselves was held to be the determining factor.

Therefore, in

the present case it would seem to follow that unless the investment
company registered its shares on an exchange, they would have no loan
value in a margin account under Regulation T, even though the underlying
securities were exempt securities and entitled to good faith loan value
in such an account.
Loans to purchase shares in an investment company such as
described would not be "purpose" loans under Regulation U, since the
assets of the company would not customarily include registered stock.
However, the additional question was presented as to whether the shares
in the fund were "stock" as defined in section 221.3(1) of Regulation U.
The operators of the fund in question had urged the conclusion that the
shares were "collateral other than stocks" under section 221.1(a) and
as such should be given good faith loan value rather than the loan value
accorded to stock by Regulation U.

This conclusion was based on the

reasoning that the shares in the fund merely represented participations
in the assets of the fund, consisting entirely of Government securities,
and were not "stock" under section 221.3(1).




19_
6/7/61

-7After reviewing arguments for and against that view, the memo-

randum expressed the opinion that shares in an open-end investment
company are "stock" and should not be regarded as exempt securities.
Thus, they would not be entitled to good faith loan value under Regulation
U merely because of the fact that the company's assets consisted entirely
of exempt securities.

A draft of reply to the Federal Reserve Bank of

Cleveland incorporating the conclusions reached by the Legal Division
was attached to the memorandum.
Before the May 31 memorandum was considered by the Board, the
Legal Division, having considered certain suggestions for clarification
of the proposed letter, redrafted the letter, and the revised draft
was distributed with a memorandum dated June 2, 1961.
After Mr. Hackley had commented on the questions at issue and
the position taken in the draft letter, Governor Balderston noted that if
a party held Government securities directly instead of through the fund,
he would have certain rights and privileges not obtaining under the
proposed ruling.

While he recognized the administrative difficulties

that would be encountered if any conclusion were reached other than the
one presented in the letter, nevertheless the substance of the interpretation gave him some concern.
Miss Hart replied that the point made by Governor Balderston was
one that had been discussed in the Legal Division.

It was noted in those

discussions that the investor in a mutual fund presumably was obtaining




-.8-

6/7/61

something in addition to a mere participation, namely, the investment
judgment of the managers of the fund.

He had made a choice--to

participate in the portfolio of Governments chosen by the fund's
management and rely on the judgment of the management rather than to
buy the securities himself.

Therefore, it was perhaps not too unfair

to say that there were certain penalties, as well as advantages, in
investing through the fund rather than directly.
After further discussion the proposed letter was approved
unanimously, with the understanding that an interpretation based on it
would be published in the Federal Reserve Bulletin and in the Federal
Register.

A copy of the letter is attached as Item No.

6.

All members of the staff then withdrew and the Board went into
executive session.
Personnel matter.

The Secretary was informed later by Governor

Shepardson that during the executive session the Board, after considering
the recommendation contained in a memorandum dated June

7, 1961, from

Mr. Young, Adviser to the Board and Director, Division of International
Finance, approved the retention of Chu S. P. Okongwu, a native of
Nigeria, on a contractual basis, with compensation at the rate of $100
per week and with the understanding that his period of employment would
not extend beyond October 1, 1961, or the opening of the fall term at
Harvard University, whichever might be the earlier.

The meeting then adjourned.




1917
-9-

6/7/61

Secretary's Notes: On June 6 and 7, 1961,
Governor Shepardson approved on behalf of
the Board the following items:
June

6:

Letter to the Federal Reserve Bank of New York (attached Item
No. 7) approving the appointment of Vincent John Kulda as assistant
examiner.
Letter to the Federal Reserve Bank of Cleveland (attached Item
No. 8) approving the appointment of Larry Elmer Hazen as assistant
examiner.
Letter to the Federal Reserve Bank of Richmond (attached Item
No. 9) approving the appointment of James B. Campbell as assistant
examiner.
Memoranda from appropriate individuals concerned recommending
the following actions relating to the Board's staff:
Appointments
Peter Gajewski as Economist in the Division of Research and Statistics,
with basic annual salary at the rate of $7,560, effective the date of
entrance upon duty.
Mariellen A. Ford as Clerk-Typist in the Division of Administrative
Services, with basic annual salary at the rate of $3,970, effective the
date of entrance upon duty.
Salary increases, effective June 11, 1961

Name and title

Division

Basic annual salary
To
From

Research and Statistics
Caroline M. Burgess, Assistant Chief Librarian
Reba Catherine Driver, Statistical Assistant
Evelyn M. Hurley, Economist

$8,080
5,655
8,080

$8,340
5,820
8,340

8,34o
4,355

8,600
4,46o

Bank Operations
D. Lewis McKee, Technical Assistant
Mary Teresa Johnson, Clerk-Stenographer




-10-

6/7/61
Salary increases

(continued)

Name and title

Basic annual salary
To
From

Division
Examinations

Hurley Wayne Gray, Assistant Federal Reserve
Examiner

$4,830

S4,995

Acceptance of resignation
ics,
David S. Staiger, Economist, Division of Research and Statist
1961.
18,
June
s
busines
of
close
effective at the
Permission for outside activity
tration,
Sylvia Ileen Clements, Secretary, Division of Personnel Adminis
ute
substit
a
to work occasionally as an usher at the National Theater on
on
basis three evenings a week and as a cashier at the Apex Theater
Saturday and Sunday evenings.
June 7:
Letter to the Federal Reserve Bank of Kansas City (attached Item
as assistant
No. 10) approving the appointment of Perry Alexis de Valpine
examiner.
Memoranda from appropriate individuals concerned recommending
on the
increases in the basic annual salaries of the following persons
Board's staff, effective the dates indicated:
Nancy H. McCaslin, Indexing and Reference Assistant, Office
of the Secretary, from $5,335 to $5,655, effective June
25, 1961.
ics,
Frank de Leeuw, Economist, Division of Research and Statist
1961.
11,
June
from 439,475 to $10,635, effective




r'

Secretary

BOARD OF GOVERNORS
OF THE

FEDERAL RESERVE SYSTEM
WASHINGTON 25, D. C.

Item No. 1
6/7/61

ADDRESS OFFICIAL CORRESPONDENCE
TO THE BOARD

June 7, 1961

Mr. Paul C. Hodge, Vice President,
General Counsel (i):. F.ecretary,
Federal Reserve Bank of Chicago,
Chicago 90, Illinois.
Dear Mr. Hodge:
This refers to your letter of May 19, 1961, enclosing
copies of a letter froqi The First National Bank of Chicago, request
new
promote
to
ing a ruling from the Hoard oa a caeh pp:mium plan
to
savings accounts in connection with the international Trade Fair
be held in Chicago in July of this year.
It is understood that the bank proposes to distribute to
visitors a card or facsimile pass book which would provide that if
the holder opens a savings account for any amount from $10.00 to
42)4.99, his account would be credited with a premium of $1.00, and
would
if he opens an account for $25.00 or more, the credit prepium
time
the
at
account
the
to
be $2.00. Such premium would be credited
that
provide
would
card
re
of its opening, but the customer's signatu
in
premium
the
of
amount
the
the bank could charge the cust6mer with
six
of
ion
expirat
the
to
the event the account were closed prior
months from the date of its opening.
As you know, the Boardlc pc)licy hes been to disregard
incenpromLum8 having only a nolinal Ialun and given merely as an
rring
nonrecu
a
on
thrift,
ge
encoura
and
will
good
tive to promote
al
financi
basis, and not given with the intention of pro\idinr;
the
Since
compensation to the cnetomer for the use of hie funds.
only
of
s
premium
proposed plan appears to involve nonrecurring
does not
nominal value as part of an advertising plen, the Board
though the
even
t,
interes
eoneider it to be an indirect payment of
and a time
deposit
the
of'
value of the premium varies with the size
credit
the
retain
to
r
custome
limit is imposed in order for the
premium.




Very traly yours,

(Signed) Merritt Sherman
Merritt Sherman,
Secretary.

_

_•

BOARD OF GOVERNORS
*

OF THE

11,

,;1•4r:<Vor,
,
'I A

Item No. 2
6/7/61

FEDERAL RESERVE SYSTEM
WASHINGTON 25. D. C.

ADDRESS OFFICIAL CORRESPONDENCE
0 ea.
4.400

TO THE BOARD

441. MiS
c:
t 400**
.

June 7,

1961

Mr. F. O. Fountain, Secretary,
Union Bond & Mortgage Company,
First National Bank Building,
Port Angeles, Washington.
Dear Nr. Fountain:
This is in reply to your letter of May 8, relating to the
Final Certification with respect to Union Bond & Mortgage Company,
t
which was issued by the Board of Governors on April 28, 1961, pursuan
You
1954.
of
Code
l
Revenue
to section 1101(e)(1) of the Interna
mention that the Final Certification does not list "prohibited property" in detail, and you inquire whether it will be possible "to have
the Certification dated April 28, 1961 amended to so describe in detail
athe prohibited property". As your letter states, the prior Certific
d
certifie
1960,
23,
November
on
Board
the
by
tion in this matter, issued
that
"Of the shares owned or controlled by Union Bond C: Mortgage
Company, 559 shares of Peninsula Investment Company, Inc.,
and 601-1/4 shares of Forks Building Corporation are 'prohibited property' as defined in subsection (c) of section
1103 of the Internal Revenue Code of 1954."
in
In the opinion of the Board, the Certifications issued
the
of
ns
this matter meet the requirements of the applicable provisio
aCertific
Internal Revenue Code. It may be mentioned that the Final
of
tion in this case is substantially identical with the form
subject
Certification issued by the Board of Governors in other cases
each
In
1954.
of
to section 1101(e)(1) of the Internal Revenue Code
to
sent
was
ation
such case a duplicate original of the Final Certific
of
Board
the
as
far
the Commissioner of Internal Revenue, and, as
l Revenue
Governors is aware, there has been no objection by the Interna
of
ment
require
no
and
Service to the form of any such Certit'ication
additional information with respect thereto.
concluded
In the circumstances, the Board of Governors has
.
amended
be
not
that the Final Certification should




Very truly yours,
(Signed) Merritt Sherman
Merritt Sherman,
Secretary.

*

BOARD OF GOVERNORS
OF THE

FEDERAL RESERVE SYSTEM
WASHINGTON 25, D. C.

Item No.

3

6/7/61

ADDRESS OFFICIAL CORRESPONDENCE
TO THE BOARD

June 7, 1961.

Dear Sir:
Reference is made to the 1960 Supplement, "Data with Respect
to Insurance Carried by the Federal Reserve Banks and the Board of
Governors", prepared by The Insurance Committee of the Federal Reserve
Banks.
Premiums paid in 1960 for the various types of insurance
listed in the Supplement, excluding registered mail and express and
workmenls compensation insurance, totaled $166,349. Claims collected
from insurance companies aggregated $131781, resulting in an excess of
Premiums paid of $152,568. For the five-year period 1956-1960, premiums averaged $173,793, with an excess of premiums paid over claims
collected of $160,201. The net cost to the System of such purchased
insurance has, therefore, been approximately $800,000 in the past five
Years.
The Board would appreciate receiving an expression of your
views on how the Board would justify such a continuing expenditure by
the Federal Reserve System.
It is realized that comments from some of the Reserve Banks
along the line of justifying insurance carried have been received in
reference to the press statement issued by Congressman Patman in June
1959 (see pages 62-65 of the Board's comments on Mr. Patmanls press
statement, copy of which was transmitted to you with the Board's letter
of February 2, 1960). It is felt that some at least of the reasons
originally given by the Insurance Plan Committee in 1941 for continuing to purchase certain types of insurance may not carry the same weight
today after the years of experience since the Loss Sharing Agreement was
adopted. To some extent the reasons given were colored by the feeling
that any arrangement to share losses was a form of mutual insurance.
The terms "self insurance" and "interinsurance" are frequently encountered in the documents written at that time, instead of "assumption of
risk" or "discontinuance of insurance" and "loss sharing."
For your information, the following factors were noted by
the Board in a recent review of insurance carried by the Reserve Banks




and the Board and of reasons for not including various types of insurance under the Loss Sharing Agreement.
With minor exceptions, the Loss Sharing Agreement covers losses
on registered mail shipments of currency and securities made
at the expense of the Reserve Bank, excess losses of the type
covered by the bankers? blanket bond insurance of $500,000, and
losses of any type which result from war risk or nuclear reaction.
The recent amendment to the Loss Sharing Agreement increased to
$100,000 the amount to be absorbed by a Reserve Bank sustaining
a loss before any proration of the loss among the Reserve Banks.
This means that, for the most part, each Reserve Bank assumes its
own risk on types of losses covered by the Agreement. Only one
loss distributable on such a basis has been sustained since the
Loss Sharing Agreement became effective.
The Insurance Plan Committee recommended in August 1941 that
bankers' blanket bond insurance be dropped. Subsequently, however, the Insurance Plan Committee and the Committee on Insurance of the Presidents Conference made a joint recommendation
that in view of substantial reductions in rates by the insurance
companies and of the war conditions, blanket bond insurance be
purchased by each Federal Reserve Bank in the amount of $500,000.
It was felt that the value of the insurance was primarily derived
from the services rendered by the insurance companies.
The Loss Sharing Agreement does not permit the Reserve Banks to
carry registered mail insurance except that for which the Banks
pay premiums subject tn reimbursement by member banks or others.
NOTE: Under the Boardls letter of July 25, 1950
(S-1132; F.R.L.S. #4360) Reserve Banks absorb
insurance costs incurred in connection with the
collection of maturing coupons detached from
securities held in safekeeping for member banks.
Available information indicates that since the System was
established there has been only one loss in excess of $1002000
of the types now covered by purchased insurance.
An individual Reserve Bank is free to discontinue purchasing any
insurance except, perhaps, workmen,s compensation insurance in
some States, and the $500,000 bankers, blanket bond.
The inclusion of additional types of risk under the Loss Sharing
Agreement can be primarily regarded as a means of obtaining
uniformity in carrying or not carrying certain types of insurance, and of providing for sharing unusually large losses,
With the specific approval of the Insurance Committee, five
Banks carry insurance on street deliveries of securities to




A -•

-3provide coverage in excess of the $500,000 basic bankers'
blanket bond.
Two Banks and the Board do not purchase fire insurance on
buildings and contents.
All Banks and the Board carry public liability insurance for
personal injury, with coverage varying from $50,000 to $500,000
for each person and from $300,000 to $1,000,000 for each accident. Property damage insurance is carried by all but two Banks
and the Board.
All of the Banks and the Board carry automobile liability insurance in varying amounts. Ten Banks and the Board carry fire and
theft, five Banks carry collision, and four Banks carry medical
payment coverage.
All of the Banks purchase steam boiler and machinery insurance.
The Board does not carry this insurance.
Among the miscellaneous types of insurance carried by one or more
Banks are sprinkler leakage, foreign travel (accident and personal
effects), currency exhibits, garage keeper's liability, cameras
and equipment, medical malpractice, and tornado, cyclone, and
earthquake.
Very truly yours,

\

Merritt 'herm
,
Secret

TO THE PRESIDENTS OF ALL FEDERAL RESERVE BANKS




BOARD OF GOVERNORS
OF THE

Item No.

FEDERAL RESERVE SYSTEM
*
*

4

6/7/61

WASHINGTON 25. D. C.

ADDRESS OFFICIAL CORRESPONDENCE
TO THE BOARD
‘i
At
'ztt4.441,

IP

June 7, 1961.

Mr. Eliot J. Swan, President,
Federal Reserve Bank of San Francisco,
San Francisco 20, California.
Dear Mr. Swan:
Referring to your letter of May 19, 1961, the Board
has noted without objection the action of your Board of Directors
authorizing the acquisition of an IBM 1401 Model E-4 electronic
computer system.
It is noted from your letter that--




The computer system will cost $296,520 and
that delivery of the equipment will be
scheduled for early; 1962.
The computer system will be equipped with
8,000 positions of memory and four magnetic
tape drives.
The possibility of obtaining the equipment
under alternative plans, including renting
with option to purchase, was rejected in
favor of the economy or outright purchase.
Very truly yours,

(Signed) Merritt Sherman
Merritt Sherman,
Secretary.

19-.)
'BOARD OF GOVERNORS
OF THE
4

0042,0k.,7,4,,,

FEDERAL RESERVE SYSTEM

5/
4
A

Item No.

6/7/61

WASHINGTON 25. D. C.

ADDRESS OFFICIAL CORRESPONDENCE
TO THE BOARD

June 7, 1961.

Chemical International Finance, Ltd.,
165 Broadway,
New York 15, New York.
Gentlemen:
In accordance with the request and on the basis of the
information furnished in your letter of February 2, 1961, transmitted through the Federal Reserve Bank of New York, the Board
of Governors grants its consent to Chemical Overseas Finance
Corporation to move its Head Office from 165 Broadway, New York,
New York, to Huntley Towers, Paget, Bermuda. The location of the
Head Office may not be changed without the prior approval of
the Board of Governors.
It is noted from page 2 of the report of examination of
: that the principal ofyour Corporation as of December 5, 1960
fices and operations of Chemical Overseas were transferred to
Paget, Bermuda, effective January 1, 1961.




Very truly yours,

a _eta//(4d
Elizabeth L. Carmichael,
Assistant Secretary.

5

1 YA.,

BOARD OF GOVERNORS
OF THE

Item No.

FEDERAL RESERVE SYSTEM

6

6/7/61

WASHINGTON 25. D. C.

ADDRESS OFFICIAL CORRESPONDENCE
TO THE BOARD

June

9, 1961

Mr. Paul Breidenbach, Counsel,
Federal Reserve Bank of Cleveland,
Cleveland 1, Ohio.
Dear Mr. Breidenbach:
This refers to the inquiry presented through your Bank
regarding the status under Regulations T and U of unregistered
shares in an open-end investment company that invests only in
securities that are "exempted securities" as defined in section 3(a)
of the Securities Exchange Act of 1934 (12 U.S.C. 78c(a)(12)).
Regulation T. - Under Regulation T, only registered
securities and exempted securities are entitled to loan value in
a margin account. The Board has consistently taken the position
that shares in an open-end investment company which are not themselves registered on a national securities exchange are not
entitled to loan value, regardless of whether the company's portfolio consists of registered securities.. Similarly, it is the
Board/s view that unregistered shares of an open-end investment
company would have no loan value in a margin account even though
the securities owned by the company were exempted securities which
themselves would be entitled to "good faith" loan value in such an
account.
Regulation U. - Under Regulation U, two quite separate
questions could arise in this connection: (1) whether a bank loan
to purchase shares of the investment company would be a "purpose"
loan, and (2) whether an admittedly "purpose" loan secured by the
shares of an investment company of the kind described would be
"secured . . . by . . . stock" within the meaning of section 221.1(a).
These questions are discussed in the following paragraphs.
(1) A loan by a bank for the purpose of enabling the borrower
to purchase the shares of the investment company described would not
be a "purpose" loan under Regulation U, since (a) the shares themselves
would not be registered stock and (b) the assets of the company would
not customarily include registered stocks so as to make section 221.3(b)(2)
applicable. Accordingly, a loan by a bank for the purpose of purchasing
or carrying such shares would not be subject to the requirements of
Regulation U.




00ARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM

Mr. Paul Breidenbach

-2-

(2) Should such shares, if offered as security for a bank
loan to purchase or carry registered stocks, be regarded as "stock"
(as defined in section 221.3(1) of Regulation U) and therefore
entitled only to the "loan value" prescribed by the Supplement to
Regulation U? Or should they be considered "collateral other than
stock" and therefore entitled to "good faitHiloan value?
The argument has been advanced that shares of an open-end
investment company should be differentiated from other corporate
stocks, in this connection, because they actually represent interests
in the securities owned by the company for the benefit of its shareholders. It is urged that, for this reason, in determining the loan
value status of shares of such t company the assets of which do not
include stocks, the conclusion should be reached that the investment
company's shares are ..not "stock" under Regulation U.
However, even assuming that a shareholder of an investment
company acquires an interest in the securities held by it, he unquestionably acquires securities issued by the company (i.e., its shares)
which have equity-security characteristics similar to those possessed
by stock of other busincss corporations, Consequently, the Board is
of the opinion that shores of an investment company of the kind
described fall within the definition of "stock" in section 221.3(1)
of ILegulation U and are entitled only to the loan value accorded to
"stock" by the Supplement to the Regulation, when used as collateral
to secure a "purpose" loan.




Very truly yours,
(Signed) Merritt Sherman
erritt Sherman,
Secretary.

.!
;•54-44k,

BOARD OF GOVERNORS
OF THE
?
6.

Item No.

FEDERAL RESERVE SYSTEM

,
Ot

6/7/61

WASHINGTON 25. D. C.

7

•

ADDRESS OFFICIAL CORRESPONDENCE

%It

TO THE BOARD

*4S, 48. witS\t,!;71141
"4,44401-

June

6, 1961

CONFIDENTIAL (FR)
Mr. Howard D. Crosse, Vice President,
Federal Reserve Bank of New York,
New York 45, New York.
Dear Mr. Crosse:
In accordance with the request contained in
of May 25, 1961, the Board approves the
letter
your
appointment of Vincent John Kulda as an assistant
examiner for the Federal Reserve Bank of New York.
Please advise us of the effective date of the appointment.
It is noted that Mr. Kulda is indebted to The
Bank of New York, New York, New York, a State member bank,
in the amount of 4,060, and that he plans to liquidate
this loan upon resigning from the bank. It is understood,
of course, that the Board's approval of Mr. Kulda's
appointment is given with the understanding that he will
not participate in any examination of The Bank of New York
until tnis indebtedness has been liquidated.




Very truly yours,
(Signed) Elizabeth L. Carmichael
Elizabeth L. Carmichael,
Assistant Secretary.

BOARD OF GOVERNORS
OF THE

Item No. 8

FEDERAL RESERVE SYSTEM

6/7/61

WASHINGTON 25, D. C.

ADDRESS OFFICIAL CORRESPONDENCE
TO THE BOARD

June 6, 1961

Mi. Paul C. Stetzelberger, Vice President,
Federal Reserve Bank of Cleveland,
Cleveland 1, Ohio.
Dear Mr. Stetzelberger:
In accordance with the request contained in
your letter of May 26, 1961, the Board approves the appointment of Larry Elmer Hazen as an assistant examiner
for the Federal Reserve Bank of Cleveland.

Please advise

us of the effective date Of the appointment.




Very truly yours,
(Signed) Elizabeth L. Carmichael
Elizabeth L. Carmichael,
Assistant Secretary.

BOARD OF GOVERNORS
,AittIttr***,

OF THE

Item NO. 9

FEDERAL RESERVE SYSTEM

VI?
4'4

6/7/61

WASHINGTON 25, D. C.
alyi

ADDRESS OFFICIAL CORRESPONDENCE

0

TO THE BOARD

'tit WA,*

JunP 6, 1961

Mr. John L. Nosker, Vice President,
Federal Reserve Bank of Richmond,
Richmond 131 Virginia.
Dear Mi. Nosker:
In accordance with the request contained in
your letter of May 31, 1961, the Board approves the appointment of James B. Campbell as an assistant examiner
for the Federal Reserve Bank of Richmond, effective '
to4ay.




Very truly yours,
(signed) Elizabeth L. Carmichael
Elizabeth L. Carmichael,
Assistant Secretary.

BOARD OF GOVERNORS
OF THE
fdt" "kbkrei\

Item No. 10
6/7/61

FEDERAL RESERVE SYSTEM
WASHINGTON 25. D. C.

t3

It ,:
Art mis\f\i•
404,:04.-

ADDRESS OFFICIAL CORRESPONDENCE
TO THE BOARD

*

June 7, 1961

Mr. L. F. Mills, Vice President,
Federal Reserve Bank of Kansas City,
Kansas City 6, Missouri.
Dear Mr. Mills:
In accordance with the request contained in
your letter of May 18, 1961, the Board approves the appointment of Perry Alexis de Valpine as an assistant
examiner for the Federal Reserve Bank of Kansas City.
Please advise us as to the salary rate and the effective
date of the appointment.




Very truly yours,

(Signed) Kenneth A. Kenyon
Kenneth A. Kenyon,
Assistant Secretary.

4,,