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Minutes for October 18, 1960 To: Members of the Board From: Office of the Secretary 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. Szymczak Gov. Mills Gov. Robertson Gov. Balderston Gov. Shepardson Gov. King Minutes of the Board of Governors of the Federal Reserve System on Tuesday, October 18, 1960. PRESENT: Mr. Mr. Mr. Mr. Mr. The Board met in the Board Room at 10:00 a.m. Balderston, Vice Chairman Szymczak Mills Robertson Shepardson Mr. Sherman, Secretary Mr. Hackley, General Counsel Mr. Farrell, Director, Division of Bank Operations Mr. Solomon, Director, Division of Examinations Mr. Hexter, Assistant General Counsel Mr. Hooff, Assistant General Counsel Mr. Rudy, Special Assistant, Legal Division Mr. Conkling, Assistant Director, Division of Bank Operations Mr. Landry, Assistant to the Secretary Mr. Leavitt, Supervisory Review Examiner, Division of Examinations Miss Hart, Assistant Counsel Discount rates. The establishment without change by the Federal Ilesarve Bank of Minneapolis on October 15, 1960, and by the Federal Reserve Bank of Boston on October 17, 1960, of the rates on discounts and advances their existing schedules was approved unanimously, with the understanding that appropriate advice would be sent to those Banks. Items circulated or distributed to the Board. The following items, 1441ch had been circulated or distributed to the Board and copies of which ill*e attached to these minutes under the respective item numbers indicated, alVroved unanimously: Item No. IVItter to American Bank and Trust Company, Suffolk, approving an investment in bank premises. 1 3f319 10/18/60 -2Item No. Letter to Bloomfield State Bank, Bloomfield, Indiana, aPProving an investment in bank premises. 2 Letter to Franklin County Bank, Washington, Missouri, aPProving an investment in bank premises. 3 Telegram to the Federal Reserve Bank of New York ?Proving renewal of a stand-by credit arrangement °I' gold loans to the Bank for International SettleMents. Mr. Sammons, Associate Adviser, Division of International Finance, 14113 had joined the meeting just prior to consideration of Item No. 4, with- following its approval. Permission to maintain reduced reserves--Central State Bank, 0k1ahoma City, Oklahoma (Item No. 5). There had been circulated a memoran- chllz dated October 10, 1960, from the Division of Bank Operations recommending that Central State Bank, Oklahoma City, Oklahoma, be permitted to maintain the same reserves against deposits as are required to be maintained by banks °Iltaide of centrsl reserve and reserve cities instead of the reserves that lr°111d be required of reserve city banks, effective as of the date the bank c"41111tted to membership under a national bank charter. The same recommen- datic)n had been made in a letter of October 3, 1960, from the Federal Reserve tank °f Kansas City. Attached to the memorandum was a proposed reply to the Rese I've Bank that would approve the subject bankts request. While the file Vas 'n circulation, Governor Mills had attached a memorandum which indicated that the size and downtown location of the Central State Bank might not a country bank classification for reserve requirement purposes. 3920 10/18/60 -3- Governor Mills said that he had discussed this question with Mr. Conkling and that on the basis of the additional information made available clIllsing this discussion, he would now approve the application. Unanimous approval was then given to a letter to Central State Bank, (31(1.,1410Ma ' City, Oklahoma, granting its request for permission to maintain reduced reserves upon conversion to a national bank charter. A copy of this letter is attached as Item No. 5. Mr. Leavitt withdrew from the meeting during discussion of the fc4iegoing question. Regulation Q savings accounts--"International Accounts". Copies had been distributed of a memorandum from Mr. Rudy of the Legal Division clated October 13, 1960, with respect to a plan of Citizens Bank and Trust e014°anY, Park Ridge, Illinois, characterized as "International Accounts," %Illich had been submitted to the Board for interpretation as to Whether the 1344 complied with the requirements of Regulation Q, Payment of Interest on leilcIsits. It was the view of the Legal Division, as expressed in the memo- 1.411, that the plan, as submitted, conformed to Regulation Q by virtue of " l'a. the exception in section 217.1(e) which reads: "The presentation by any officer, agent or employee of the bank of a pass book or a duplicate thereof retained by the bank or by any of its officers, agents or employees is 1,.c)t a presentation of the pass book within the meaning of part except where the pass book is held by the bank as • . . security for a loan." 10/13/co As described in the memorandum, the plan would be used to solicit accounts by mail from persons in nonpar bank towns. °f the plan were as follows: The principal elements An "International Account" is actually two "Parate accounts, one being a regular interest-earning savings account, the other, a credit account against which checks may be written, the latter account to be in the same amount as the savings account less a $1 reserve. The savings account would be pledged to secure any loans l ePresented by checks drawn against the credit account, with a charge of ' t/.7entY cents for any check so drawn. Should the next deposit to the Ilecking account be made within seven days following encashment of a heck, the new deposit would be used to bring the credit account back to previous balance tt8 to pay off the amount of any outstanding loarls) in order that the savings account would be kept in a condition t° continue to earn Interest. Any excess deposit over the amount of the 8even-daY loan would be deposited in the savings account. cl Should no ait be made within seven days following encashment of a check, the 6114°114t of the loan plus the twenty-cent charge per check would be with- from the savings account and the same combined balance would again xiat in the savings and credit accounts. Attached to the memorandum was a draft letter to the Federal --'e sank of Chicago that would state the Boardts view that the plan, "8"Mitted, conformed to Regulation 0, but that it would violate the term 8 Of Regulation Q if written receipts were to be issued in lieu of k 10/18/6o -5- a Pass book. This conclusion was based on the following reasoning: The Plan contemplates the retention by the bank of the customer's pass book, 80/Epanied by authority in the bank to make withdrawals for the purpose rePsying loans. Such an arrangement would comply with the provision section 217.1(e) of Regulation Q, which permits withdrawals from savings accounts upon presentation of the pass book through payment to the person presenting the pass book and which, under an exception to a eneral rule, permits any officer, agent, or employee of the bank to 1114ke the presentation where the pass book is held by the bank as security a loan. in The substitution by the bank, however, of a written receipt lieu of the customer's pass book would not be permissible as a means °f imPlementing the plan since Regulation 0 provides that, when a deposit 18 evidenced by a written receipt or agreement in lieu of a pass book, l'rithdrawals are permitted only through payment to the depositor himself bIlt not to any other person whether or not acting for the depositor. Mr. Rudy commented that the plan as described in the memorandum had. bepo been the subject of a discussion with representatives of the Federal it Insurance Corporation, a member of whose legal division had raised t which was worthy of Board consideration, namely, that it was a tiece8sarY for a bank to reserve the right to require notice in writing Of 811 intended withdrawal from a savings account of not less than 30 ‘ 4 1'13. It had been pointed out that should such notice be required by eiti 4e1is Bank and Trust Company at some future date it would be necessary -6- 1°/18/60 der the provisions of section 217.5(e) of Regulation Q to charge a rate Of interest upon "International Account" loans of not less than 2 per cent Per annum in excess of the rate of interest on the savings account. It the view of the Legal Division, Mr. Rudy said, that the possibility of difficulty between the bank and its customer arising out of this eventuality was remote since ordinarily a bank did not invoke the 30cl6CY Privilege unless it was in financial straits and that it would not eLPPear desirable to cover this point in correspondence with Citizens 8eirik and Trust Company. He noted that although neither the representa- tives of the Federal Deposit Insurance Corporation nor the Legal Division had Particularly liked the plan, technically considered there was no valid objection to it under the terms of Regulation Q. Mr. Hackley called attention to the fact that Regulation Q does tl°t prevent retention by a lending bank of a customer's pass book and that O 1°ng as the pass book was being held as security for a loan its presentation by Officers of the bank to effectuate a withdrawal from the customer's Ravine.,8 account was a good and valid presentation under the regulation. "rit on He to say, in reply to a comment by Governor Mills, that auditors citaliked the practice of banks holding customers' pass books because of the 1. of false entries therein by bank employees and that he doubted the " 411 Yould be practicable. In this connection he observed that there had riot b een an encouraging response to circulars advertising this plan sent Olt i tit° nonpar areas by Citizens Bank and Trust Company. 3924 10/18/60 Governor Robertson stated that as he understood the proposed plan It could be used by a borrower from the bank who could then keep the b°rroved funds on deposit in the savings account upon which he would draw int,erest, having authorized the bank which held his pass book to transfer trIpin the savings account to a checking account funds as needed. Mr. Rudy replied that the plan in question was similar to checkaccounts that were enjoying a certain vogue at present. He cited the instance of First National Bank of Dallas Which permits a customer t°1frite checks following establishment of a line of credit. Under this 1341/1) he said, interest is paid only on the outstanding amount of a loan 144ich is created as checks are written. He noted that in the plan under consideration by the Board in effect the customer was extended a seven%) interest-free loan as a means of stimulating savings accounts at the bank. Observing that under the proposed plan the lending bank would not be a-Lidly holding the customerls pass book as collateral for loans except he loans were actually being made and that for the rest of the time the Ilass book would be held in anticipation of such loans, Governor Robertson sieSted that no reply be made to Citizens Bank and Trust Company until the staff had consulted with the Office of the Comptroller of the Currency to a4 -8cover if there were any outstanding instructions to national bank ' exarai flars or rulings proscribing the holding of pass books by banks. ' 10/18/60 -8- Following further discussion, it was agreed that the letter to the Pederal Reserve Bank of Chicago advising it of the Boardts views as to compliance with Regulation Q of a plan for "International Accounts" wild be returned to the Board for further consideration following receipt of sdvice from the Comptrollerts Office as to whether it had any outstanding instructions or rulings for use of its examiners proscribing the holding or Pass books by national banks. Messrs. Farrell, Conkling, Hooff, and Rudy then withdrew from the meeting. Regulation T--"cash on delivery" transactions (Item No. 6). Attached to a memorandum dated October 12, 1960, from Miss Hart of the te(“11 Division, copies of which had been distributed, was a letter of '1111Y 21) 1960, from the Federal Reserve Bank of Boston requesting a Board ruling on each of two questions presented by Clayton Securities C°rPoration, Boston, Massachusetts, in a letter to the Bank dated July 1960) and a draft reply thereto. The questions, which related to 813ecisl cash accounts under section 220.4(c) of Regulation T, Credit by Broke_ _ , re Dealers, and Members of National Securities Exchanges, were: (1) Is it a violation of Regulation T to receive prior payment from a ter for securities not yet received? (2) When a customer buys a 11111tIbels °f securities on the same day and payment is received after seven b1461.,1 -ess days for such securities, is this a single violation of the --"ation or a violation for each transaction? 10/18/60 9_ With respect to the first question presented, in the fact situation described by Clayton, a customer in a single day purchased a number of different securities with instructions to deliver against payment. seven days but prior to 35 days, the creditor notified the customer that it had assembled some, but not all, of the securities. Bent After The customer promptly Payment in full for all the purchased securities, instructing Clayton to transfer into his name those which had been assembled, and to transfer the others as received. The draft reply to the Reserve Bank would answer the first question in the negative and the second to the effect that there ' lt°111d be a violation for each transaction. In commenting on her memorandum, Miss Hart indicated that counsel the National Association of Securities Dealers informed the staff or/411y that vhile he agreed with the staff that, technically speaking, no violation c't Regulation T took place under the facts described by Clayton Securities - voration relative to both questions, the circumstances surrounding the trA. —48aotions concerned in the second question were such as to suggest that the delaY in obtaining payment from the customer may have been due to a .11811 to oblige him rather than to the "mechanics of the securities business ktIci the bona fide usages of the trade." (1940 F.R. Bulletin 1172) t°1 'thi --03 It was reason, Miss Hart said, that the draft reply to the Boston Reserve eMPhasized the requirement of good faith in applying the exception 411cler section 220.4(c)(5) of Regulation T, which permits a broker or dealer 10/18/60 -10- to_ picuy a 35-day instead of a 7-day limit for obtaining payment in a cash account, due to difficulties arising from the mechanics of the trade which lade it impossible to deliver within seven days. Miss Hart noted a further statement by counsel for the National Association of Securities Dealers that the brokerage firm involved had repeatedly been cited for violation of the NNaation and had just been fined $2,500 for violations revealed in a l'acent examination conducted by the Association, which violations were entirely separate from the possible violations presented to the Board. She vent on to say, on an observation from Governor Mills, that with l'ealDect to the first question presented the National Association and the 8ectirities and Exchange Commission through regulation attempted to prevent clealere and brokers from getting possession of clients' money in advance "delivering securities to them to prevent doubling up on the use of this 111°IleY• On the other hand, she said, the evil towards which Regulation T vas directed was to prevent the customer from receiving an unwarranted elcterlaion of credit by a dealer or broker since the customer receives " 'alai privileges from a cash account in any event. Mr. Solomon said that the language of Regulation T was phrased so 44 t° limit the extension of credit by a dealer or broker to a customer e." that protection was afforded the customer by the financial strength °lathe dealer or broker. He noted, in response to an observation by 0,z,ve rAcIr Robertson, that although in the transactions covered in the 10/18/60 -11- tirst question submitted by Clayton a bank had advanced funds to a broker 0n behalf of a customer prior to receipt by the customer of securities rrom the broker, Regulation U, Loans by Banks for the Purpose of FurOr Carrying Registered Stocks, did not apply to the transactions linder consideration since no stock collateral was involved. In his view a cash -on-delivery transaction as in the instant case required flexibility so that if the securities being purchased could not be gathered together 14thin the usual seven-day permissible period, it seemed unnecessary to 'sqlaire the customer to make cash payment for them prior to their delivery 11(1 it was for this reason that a 35-day limitation was permitted under secti°n 220.4(c)(5) of Regulation T. He noted further that the regulation cli°1110t say a customer was not permitted to make full payment for securities betcre the 35-day period had elapsed. A discussion of this point then ensued, during which Governor 4-1terston noted that the first of the two questions posed by Clayton 'unties Corporation, namely, whether or not it was a violation of ation T to have received prior payment for securities not yet receilied by it, was the more important. He suggested a change in word- Of the reply to the Federal Reserve Bank of Boston to make this 1)°1-1-It clear. There was agreement with this suggestion. The letter to the Federal Reserve Bank of Boston containing two e- t'retations under section 220.4(c)(5) of Regulation T relating to 111" 4.61 cash accounts It1:44ched Item No. 6. was thereupon approved unanimously in the form of 10/18/60 -12- The meeting then adjourned. Secretary's Note: Governor Shepardson today approved on behalf of the Board a letter to the Federal Reserve Bank of San Francisco (attached Item No. 7) approving the appointment of John G. teonudakis as assistant examiner. ;14 BOARD OF GOVERNORS OF THE Item No. 1 10/18/60 FEDERAL RESERVE SYSTEM WASHINGTON 25. D. C. ADDRESS OFFICIAL CORRESPONDENCE TO THE BOARD October 18, 1960 Board of Directors, American Bank and Trust Company, Suffolk, Virginia. Gentlemen: Pursuant to your request submitted through the Federal Reserve Bank of Richmond, the Board of Governors approves, under the provisions of Section 24A of the Federal Reserve Act, an investment in bank Premises by American Bank and Trust Company, Suffolk, Virginia, of )475,000 for the purpose of construction of a new building on land presently owned by the bank. The amount approved includes 3137,500 paid for those lots purchased specifically for this purpose by the bank on April 1, 1960. Very truly yours, (Signed) Elizabeth L. Carmichael Elizabeth L. Carmichael, Assistant Secretary. BOARD OF GOVERNORS 400,24 !% OF THE Item No. 2 10/18/60 FEDERAL RESERVE SYSTEM WASHINGTON 25, D. C. 4 ADDRESS orriciAL CORRESPONDENCE TO THE BOARD l oti \ktEta 404411 tO October 18, 1960 Board of Directors, Bloomfield State Bank, Bloomfield, Indiana. Gentlemen: Pursuant to your request submitted through the Federal Reserve Bank of St. Louis, the Board of Governors of the Federal Reserve System approves under the provisions 2f Section 24A of the Federal Reserve Act, an investment of ! 156,000 in bank premises by Bloomfield State Bank, Bloomfield, 44d1ana. The approved investment of $156,000 includes $30,500 1-13ed to acquire certain lots in early 1960 for purposes of exand 3125,500 representing estimated cost of the new ullliding. It is understood that proceeds from the sale of esent banking quarters are to be applied first to the elimina,on of book value of those quarters and, secondly, as a reduc'ion of book value of the new premises. r Very truly yours, (signed) Elizabeth L. Carmichael Elizabeth L. Carmichael, Assistant Secretary. 39,12 BOARD OF GOVERNORS 40010*** etiotO top 0000 OF THE t, Item No. 3 FEDERAL RESERVE SYSTEM 10/18/60 1* WASHINGTON 25. D. C. ts ADDRESS OFFICIAL CORRESPONDENCE TO THE BOARD htOr:" October 18, 1960 Board of Directors, Franklin County Bank, Whshington, Missouri. Gentlemen: Pursuant to your request submitted through the Federal Reserve Bank of St. Louis, the Board of Governors Of the Federal Reserve System approves, under the provisions of Section 24A of the Federal Reserve Act, the additional investment in bank premises of $156,175 by Franklin County Bank which was expended for the purpose of remodeling bank premises. Very truly yours, (Signed) Elizabeth L. Carmichael Elizabeth L. Carmichael, Assistant Secretary. TELEGRAM Item No. 14. 10/18/60 BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM LEASED WIRE SERVICE WASHINGTON October 18,1960 Sword- New York 1°11.1 'Wire October 13. Board approves extension of the arrangement to rilake loan or loans by your Bank to the Bank for International Settlements thing a period of one year, from November 1, 1960, through October 31, 1961, UP to a total amount outstanding at any one time of '4:525,000,0001 each borrowing to mature in not more than seven days and total borrowings (the mazimum loan facility) during any calendar month not to exceed the equivalent of $25,0001000 for the total of seven days. Po.„. this facility, it is understood that you will make a commitment charge at the rate of one-fourth of one per cent per annum on that part of the Ina*inarn loan facility not used in any calendar month. The arrangement 1°3111d conform to your usual terms and conditions: (A) -ach such lovn or loans to be made up to 98 per cent of the value of bars to be set aside at the time of each drawing under pledge to you; arid (t) ach such loan to bear interest from the date it is made until paid at the ' 4-secunt rate of your Bank in effect on the date such loan is made. t 8 understood that the usual participation will be offered to the other F eder Reserve Banks. (Signed) Merritt Sherman SERNAN BOARD OF GOVERNORS 04,4in40*4 OF THE 444 0 40fr FEDERAL RESERVE SYSTEM Item No. WASHINGTON 25, D. C. 10/18/60 5 ADDRESS OFFICIAL CORRESPONDENCE TO THE BOARD \At KIA, October 18, 1960 Board of Directors, Central State Bank, Oklahoma City, Oklahoma Gentlemen: PurslInnt to your request submitted through the Federal !!serve Bank of Kansas City, the Board of Governors, acting under 'ue provisions of Section 19 of the Federal Reserve Act, grants Dermission to the Central State Bank to maintain the same reserves Itgainst deposits as are required to be maintained by banks located 1tside of central reserve and reserve cities, effective as of the `te the bank is admitted to membership under a national bank c harter. 1 S 4 84- C/n Your attention is called to the fact that such peris subject to revocation by the Board of Governors. Very truly yours, (Signed) Merritt Sherman Merritt Sherman, Secretary. f? r,. 7.1 BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM Item No. 6 10/18/60 WASHINGTON 25, D. C. ADDRESS OFFICIAL CORRESPONDENCE TO THE BOARD 02tober 1), 130 Mr* Dana D. Sawyer, Vice President, Federal Reserve Bank of Boston, Boston 6, Massachusetts. Dear Mr, Sawyer: This refers to your letter of July 21, 1960, enclosing a letter from Clayton Securities Corporation ("Clayton"), together with your memorandum of a conversation with Mr. Clayton 0 The enclosures request two interpretations under section 22004(0 of Regulation Ty relating to special cash accounts. ;fle first question arises under section which provides, 220.4(o)(5), O far as it is pertinent, that "If the creditor, acting in good faith in accordance With subparagraph (1) of this paragraph, purchases a security for a customer ... with the understanding that he is to deliver the security promptly to the customer, and the full cash payment to be made promptly by the customer is to be made against such delivery, the creditor may at his option treat the transaction as one to which the period applicable under subparagraph (2) of this paragraph is not the 7 days therein specified but 35 days after the date of such purchase or sale." 101, th -e fact situation described by Clayton, a customer in a single day it; rchased a number of different securities with instructions to deliver hst payment. After seven days but prior to 35 days, the creditor se'Lfied the customer that it had assembled some, but not all, of the p:Irities. The customer promptly sent payment in full for all the th:hased securities, instructing Clayton to transfer into his name cluase which had been assembled , and to transfer the others as received. re asks whether it was a violation of the regulation "to have eived prior payment for those securities not yet received by us". e Regulation T is desined to prevent the excessive use of eredit of for the purpose of purchasing or carrying securities. Although, re urse, it is not a violation of the regulation for a creditor to c-Ive prior payment for securitien not yet delivered to the customer, BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM Mr. Dana D. Sawyer would not appear to be the question presented by the situation described by Clayton. That question arises under sectio n 220.4(c)(5) relating to so-called "cash on delivery" transactions which are not Subject to the general rule of section 220.4( c) requiring liquidation Of a cash purchase transaction if full paymen t is not made within ' 13.ven days after the purchase. It should be emphasized, in the ,-, LIlnguage of the interpretation published at 1940 Federa Reserv l e eulletin 1172, that r ". .. it is not the purpose of sectioi., b(c)(5) to allow additional time to customers for naking pyment. The 'prompt delivery' described in si...ztion 4(c)(5) is delivery which is to be made as soon as the broker or dealer can reasonably make it in view of the mechanics of the securities business and the bona fide usages of the trade. .. ." !R7 circumstances suggesting that a 'cash on delivery" arrangement was "r the purpose of allowing the customer additional time for making t:Yment, or that the delay in making the delivery and receiving payment b 8 not required by the mechanics of the securities business and the fide usages of the trade, would cast doubt on the applic ability tiLl the exception, and would indicate the necessity of obtaining a bugh explanation from the creditor. Such circumstances could "de, the usue among others, the fact that payment which was delayed beyond maximum of seven days was not actually made against delivery. The second question presented in the letter from Clayton is '411ether there has been a single violation of the regulation, or a °14tion for each transaction, where a customer has purcha sed several curities in a special cash account on the same day and has not made r?rilent for any of the securities until after seven days have elapsed. ;;e Board agrees with your view that in such a case, there has been a °lation of Regulation T as to each transaction. Z Very truly yours, (Signed) Merritt Sherman Merritt Sherman, Secretary. BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM Item No. WASHINGTON 25, D. C. 10/18/60 7 ADDRESS OFFICIAL CORRESPONDENCE TO THE BOARD October 18, 19O Mr. H. N. Mangels, President, Federal Reserve Bank of San Francisco, San Francisco 20, California. Dear Mr. Mangels: In accordance with the request contained in your letter of October 7, 1960, the Board approves the appointment of John G. Leonudakis as an assistant examiner for the Federal Reserve Bank of San Francisco. Please advise us of the effective date of the appointment. Very truly yours, (Signed) Elizabeth L. Carmichael Elizabeth L. Carmichael, Assistant Secretary.