The full text on this page is automatically extracted from the file linked above and may contain errors and inconsistencies.
9/61 Minutes for October 25, 1962 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. Mills Gov. Robertson Gov. Balderston Gov. Shepardson Gov. King Gov. Mitchell http://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 411(-33 Minutes of the Board of Governors of the Federal Reserve System °A Thursday, October 25, 1962. PRESENT: Mr. Mr. Mr. Mr. Mr. The Board met in the Board Room at 10:00 a.m. Martin, Chairman Robertson Shepardson King Mitchell Mr. Sherman, Secretary Mr. Kenyon, Assistant Secretary Mr. Young, Adviser to the Board and Director, Division of International Finance Mr. Molony, Assistant to the Board Mr. Cardon, Legislative Counsel Mr. Fauver, Assistant to the Board Mr. Hackley, General Counsel Mr. Noyes, Director, Division of Research and Statistics Mr. Farrell, Director, Division of Bank Operations Mr. Kelleher, Director, Division of Administrative Services Mr. Harris, Coordinator of Defense Planning Mr. Hexter, Assistant General Counsel Mr. Shay, Assistant General Counsel Mr. Hooff, Assistant General Counsel Mr. Kiley, Assistant Director, Division of Bank Operations Mr. Leavitt, Assistant Director, Division of Examinations Mr. Thompson, Assistant Director, Division of Examinations Mrs. Semia, Technical Assistant, Office of the Secretary Miss Hart, Senior Attorney, Legal Division Mr. Potter, Senior Attorney, Legal Division Mr. Doyle, Attorney, Legal Division liport on emergency measures. kr, Rarris At Chairman Martin's request, reported on the System's emergency planning program, against the background of the President's announcement on October 22, 1962, of Et (14 arantine on shipments of offensive military weapons to Cuba. Mr. Harris then withdrew. http://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 10/25/62 -2- Mr. Young reported on developments in foreign exchange and gold plarkets following the onset of the present international crisis. Circulated or distributed items. The following items, copies r)f which are attached to these minutes under the respective item numbers iadicated, were approved unanimously: Item No. Letter to Union Bank, Los Angeles, California, 14 415.1) , r0v1ng the establishment of a branch near "4-4th and Main Streets. 1 legram to the Federal Reserve Bank of Chicago IlterPosing no objection to the rental, with ! Chase option, of a second complement of roughs B-270 electronic check processing 2 morandum from Mr. Kelleher recommending e3cecuti0n of an agreement between the Board General Services Administration under which tr Federal Reserve System would be afforded Ce economies of multiple group communication Te ellifts offered by the American Telephone and b,-egraPh Company. (The agreement was executed / 96the 1 .) Secretary of the Board on October 26, 3 tetter to pr the Chairman of the Conference of cieesidents regarding the execution of the agreement scribed under Item No. 3. 11. Z tetter to Citizens Bank & Trust Company, Park 5 a cige, Illinois, granting the bank's request for ot 4 her extension of time for discontinuance 8 United Security Account plan. 14t w,erpretation of Regulation T regarding the timp Wed for payment for mutual fund shares purchased 4a the understanding that special cash account. (With rai a copy would be sent to the law firm that had 14 zed the question and that it would be published the Federal Register and the Federal Reserve Bulletin.) http://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 6 4/25/62 With respect to Item No. 5, there was a discussion during which certain changes in the wording of the draft letter that had been distributed were agreed upon; the letter in the form attached to these Ininutes reflects those changes. Application of Virginia Commonwealth Corporation (Items 7 and 8 1)4rsuant to the decision reached at the meeting on October 11, 1962, the had been distributed a proposed order and statement reflecting tile Boarcps approval of the application of Virginia Commonwealth e°rPoration, Richmond, Virginia, to acquire more than 50 per cent of the vcting shares of The Bank of Virginia, Richmond, Virginia; The Bank of Sandston, Virginia; The Bank of Salem, Salem, Virginia; The tkilk of Occoquan, Occoquan, Virginia; and Bank of Warwick, Newport News, Virginia. After discussion during which an editorial change in the statement %148 suggested and adopted, the issuance of the order and statement was -1-4'4 q.19- Copies of the order and statement, as issued, are attached 44 Items 7 mid 8. Messrs. Farrell, Kelleher, Hooff, Kiley, Thompson, and Potter thell vithdrew, as did Miss Hart, and Mr. Furth, Adviser, Division of Illternational, Finance, entered the room. Testimony by bank examiner (Item No. 9). Mr. Shay reported that —1241. received a telephone call from Mr. Rudy, General Counsel of the Reserve Bank of Dallas, who stated that one of the Bank's e:d4Liners had been subpoenaed to testify on Monday, October 29, 1962, http://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 1 10/25/62 -4.- at the trial of criminal charges involving a disappearance of funds of Pirst State Bank, Premont, Texas. (The operations of this bank had been 848Pended effective December 30, 1961.) The examiner would be expected to testify to the effect that during the December 1961 examination of the bank five promissory notes had been placed in the bank's vault, /14ich notes were removed under circumstances tending to incriminate an °1‘ricer of the bank. At the time of the incident the examiner had "ten a memorandum about it to former Vice President Pondrom of the 1-las Reserve Bank, and the examiner might be asked to place that ' 1)8 1/1e111°randum in evidence. Two questions were therefore presented: first, /4Iether the Board would offer any objection to the examiner's testifying, 841 second, if he did testify, whether the Board would object to having the memorandum supplied for the trial record. Mr. Rudy recommended the.. no objection be interposed in either regard. In continuing, Mr. Shay stated that he and Mr. Leavitt had been gOi -~416 through a copy of the examiner's memorandum, but had been unable t° °°mPlete their review of it before this meeting. Thus far they had r°44d nothing in the memorandum that would seem to point to the Lladvisability of allowing it to be placed in evidence. He suggested that) if the Board saw fit to interpose no objection, Mr. Rudy not be 4°tiried of that decision until review and evaluation of the memorandum e°41d be completed. After discussion the Board agreed to interpose no objection to the examiner's testifying at the coming trial or to his furnishing to http://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 10/25/62 -5- the court, if requested, his memorandum regarding the incident in question, on condition that completion of the review of the memorandum bY the Board's staff did not disclose any consideration that, in the °Pinion of the Legal Division, constituted grounds for interposing an ob jection. Secretary's Note: The completion of evaluation of the memorandum not having developed any information that the Legal Division considered prejudicial to the interests of the Federal Reserve System, a telegram in the form attached as Item No. 9 was sent later in the day to inform Mr. Rudy of the position taken by the Board. Mr. Shay then withdrew. Status of Bank for International Settlements (Items 10 and 11). there had been distributed a memorandum dated October 24, 1962, from Rackley relating to the question whether the Bank for International Sett lements, Basle, Switzerland, was covered by the October 15, 1962, 41flerdment to section 19 of the Federal Reserve Act (Public Law 87-827) s e3celliPting certain foreign institutions from interest rate limitation (41 time deposits. The memorandum described views conveyed to the Board's te(°11 Division by counsel for the Treasury and the New York Reserve 4411k, both of which organizations were hopeful that the Board would l'eakl an affirmative decision on the question. However, after consideration reached the conclusion or the arguments on each side, Mr. Beckley had that the position that the Bank for better legal arguments supported the Illternational Settlements was not covered by the amendment to section 19. http://fraser.stlouisfed.org Federal Reserve Bank of St. Louis Ii 10/25/62 -6- Although expressing this opinion, he noted that persuasive arguments had been made in support of an affirmative view, particularly the lOgument that coverage of the Bank for International Settlements would be consistent with the underlying intent and purposes of the statute. Those arguments could, of course, be relied upon if the Board should clecide to adopt that position. The Federal Deposit Insurance Corporation had a parallel interest 14 the matter insofar as nonmember insured State banks might receive time deposits from the Bank for International Settlements. 111 It was the of the corporation's General Counsel that the Bank for International kt tlements was not clearly covered by the statute, but that the opposite 13°81tion could be taken on the ground that coverage would be consistent llith the intent and purposes of the statute. Attached to Mr. Hackley's memorandum was a second memorandum cle .d. October 24, 1962, discussing in detail the question whether or 4c)t the recent legislation covered the Bank for International Settlements. The waendment to section 19 accorded exemption from interest rate littutations to three categories of institutions: (1) Foreign governments; (2) Monetary and financial authorities of foreign governments when acting as such; and financial institutions of which International (3) the United States is a member. 01*1°11815r, the Bank for International Settlements was not a foreign Rovertiment. Consequently, it would have to fall in either category (2) 0 r category (3) in order for its time deposits to be exempt from http://fraser.stlouisfed.org Federal Reserve Bank of St. Louis s(. 10/25/62 interest rate ceilings. Whether there was reasonable ground for coverage of the institution under either category would seem to depend upon vhether its organization, powers, and functions were such as to bring it 'within the language of the statute. The memorandum then explored in some detail the purposes, history, °IlLanization and nature of the Bank for International Settlements. It seemed clear that the Bank was an "international financial institution." Therefore, it seemed appropriate to inquire whether the United States 14118 a "member" of the Bank. Exsmination of this aspect of the matter led to the conclusion that, while it might be assumed that the United States could become a "member" of the Bank for International Settlements ' rc' z Purposes of Public Law 87-827, it was not now a member. The memorandum next weighed the question whether the Bank for 14terna4 i0nal Settlements acts as a monetary or financial authority of t°teign governments, presenting a number of arguments on each side of that question. After considering those arguments, Mr. Hackley's opinion VELE that, as a legal matter, the arguments against classifying the )3ank for International Settlements as a monetary or financial authority r• °reign governments were more supportable in logic and in the light Or the language of the statute than those in favor of coverage. At the beginning of the discussion at this meeting, Mr. Hackley SIL1/11v.._ lzed the elements bearing upon the issue. In response to a tille"lon by chairman Martin as to whether it would make a real difference the situation if the Federal Reserve were technically a member of http://fraser.stlouisfed.org Federal Reserve Bank of St. Louis ' t-'01 0". 10/25/62 -8- the Bank for International Settlements, he expressed the belief that it would. The statutes of the Bank, as they now stood, cited the Federal Reserve Bank of New York rather than the Board of Governors as the central bank of the United States. If the statutes were amended, the lIederal Reserve could become a member of the Bank and that institution, 14 his judgment, then would fall within the third category of institutions Melltioned in the amendment to section 19 of the Federal Reserve Act. Mr. Hackley noted that a principal argument for considering that the RAnk for International Settlements might qualify for inclusion 'Within the second category, "monetary and financial authorities of rcTeign governments when acting as such", was that central banks of certe.in European countries held 75 per cent of the Bank's stock and 1)krticipated in its management. The governors of the central banks were directors and could designate other directors. The Bank maintained an 4clunt with the New York Reserve Bank, and it bought and sold gold from 41241 to the United States Treasury. Ninety per cent of the Bank's deposits ItIse deposits of central banks. Private interests held 25 per cent of the Bank's stock and 10 per cent of its deposits; yet it was plausible th4t the Bsnk for International Settlements would always act in its 'cial capacity regardless of its private interest participation. " In the light of these facts, it could be argued that the Bank operated as 111C41etarY and financial authority of foreign governments. In continuing, Mr. Hackley expressed the view, however, that the Phrase "monetary and financial authorities of foreign governments" http://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 10/25/62 -9- /1°L111i normally be construed as referring to treasuries and central banks. T° construe it to include the Bank for International Settlements would seenato go beyond the normal meaning of the words. He went on to say that the legislative history of the amendment to section 19 clearly iadicated its purpose, namely, to encourage foreign authorities to hold bEtlances in dollars and not convert them into gold - a purpose that 1°11141 be facilitated by an affirmative determination as to the Bank for illternationg) Settlements. Yet the legislative history did not contain particulArly conclusive as to whether the Bank was intended to be covered. There had been statements that the amendment was meant to 111clUde foreign agencies that were authorized to buy gold from the United St4tea• However, the hearings contained testimony that the Federal 1*Ire vas not a member of the Bank for International Settlements. After further comments, Mr. Hackley concluded by observing that 8.11-11zents could be made on both sides of the question. He would not Illt4t to give the impression that he had any strong feeling. While he 484 Come to the conclusion that the better legal arguments were on the side Of holding that the Bank for International Settlements was not etlitel'ed by the recent legislation, attorneys for the Treasury and the 11/41elg 1131%k Reserve Bank, although recognizing that the matter was not were inclined to reach a different conclusion. 81 If the Board id. be disposed to take the position that the Bank for International Setti -ements was not covered, it would seem desirable, before reaching a --"k decision, to consult further with the Treasury and the Federal http://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 10/25/62 -10- %Dalt Insurance Corporation, and possibly with the Bank for International Settlements itself. If the Board should be disposed to take the position that the Bank was covered, that position might be stated in the form of C0M0UniCatiOn to President Holtrop--of which copies could be sent to the Pederal Reserve Banks stating that in light of the general purposes Of the legislation and the organization and functions of the Bank, the Board had, concluded that the statute was susceptible of a construction that the term "monetary and financial authorities of foreign governments" included the Bank, and therefore the Bank's time deposits with United States banks would, be covered by the statute. Following additional discussion of the organization and functions or the Bank for International Settlements, Chairman Martin expressed the vi ew that the problem came dawn to whether the Board could construe the language of the statute in such a way as to accord with the obvious illtellt• He observed that the Federal Reserve, even though not technically 4nxiber, had been using the facilities of the Bank for International Sett].ements rather freely in a number of ways. Also, 90 per cent of the Ilatik s deposits were deposits of central banks. Further, the amendment to section 19 was temporary legislation, limited to three years and (ill'ected toward a current emergency. In these circumstances, Chairman Ilaltin considered that the Board should try to do as much as it could t° be helpful. If there were a clear unanimity of legal opinion, that /c111..d be one thing, but there was not. http://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 4 10/25/62 -11- Governor King expressed surprise that a problem such as this should have arisen so soon after passage of the legislation. Faulty 11.e.rting was indicated and, although he would like to be cooperative, there was a question in his mind whether the Board should be called upon to rectify the matter through interpretation at the risk of possible criticism. Responses indicated that it had apparently been assumed by all the Proponents of the legislation that the Bank for International Settaeuents was covered. Therefore, it had not been detected that the language of the amendment, if strictly interpreted, might not include the Bank. certainly, this possibility had never occurred to the Board's 8tatf When the proposed legislation was reviewed. Governor Mitchell expressed the opinion that in the circumstances the sensible thing to do was to interpret the statute so as to make it I/cssible for its privileges to be enjoyed by the Bank for International 8ettaements. Further, it should be made clear to everyone that it was the Board, rather than the Treasury or the New York Bank, that was 1114killg the interpretation. On the latter point, Chairman Martin expressed the belief that lt //es clearly understood that the decision was one for the Board to 4144es This had been recognized by President Holtrop in telephone conversation. Governor Shepardson stated that as a practical matter, having 11/ 4Lind the intent of the legislation, it seemed to him entirely appropriate http://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 10/25/62 -12- to take the position that the statute was susceptible to the interpretation that the Bank for International Settlements was included. The Federal Reserve had mAOP use regularly of the Bank's facilities, insofar as the SYstem found it convenient to use such facilities, even if not technically "eaiber. Had he been asked when the legislation was under consideration, Ile would have said that he assumed the Bank was covered by it. In all the circumstances, he thought the suggested interpretation was justifiable. After further discussion, the Board adopted the position that the October 15, 1962, amendment to section 19 of the Federal Reserve Act 1/48 susceptible of the interpretation that the Bank for International 8etta4ments was included in its coverage. Governor King asked that the l'ee°rd show that, while he went along with this position, he did so because the legislation was limited to three years, after which the legislation, if extended, could be clarified. Governor Robertson 4bsta1ned from participation in the matter, on the ground that, having JUst returned from travel abroad, he had not had an opportunity to stlkly the question fully. A copy of the cablegram sent later in the day to President Holtrop er the the position of the Bank for International Settlements conveying 13°41'd is attached as Item No. 10. (Before the cablegram was sent, kr Hackley informed the Federal Deposit Insurance Corporation of the 11°81tion the Board had taken.) A copy of a letter of October 25, 1962, Banks of the Board's the Presidents of the Federal Reserve 13siti0n is attached as Item No. U. http://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 10/25/62 -13Secretary's Note: An interpretation reflecting the Board's decision was subsequently published in the Federal Register and the Federal Reserve Bulletin. Israel Discount Bank. At its meeting on September 27, 1962, the Board considered further an inquiry as to whether the New York City 151‘anch of Israel Discount Bank Limited, Tel Aviv, Israel, might be l'egarded eligible, undPr the first paragraph of section 13 of the Pecieral Reserve Act, for a nonmember clearing account. The Board's c°11clu8i0n was that a Reserve Bank was not precluded by the language of tile statutes from opening and maintaining a nonmember clearing account 'a domestic branch of a foreign commercial bank. 11°x President Hayes was 1311111ed of this view in a letter dated September 28, 1962. Subsequently, 4es1dent Hayes addressed a letter to the Board on October 9, 1962, ted the view ellel°eing a memorandum in which the Bank's counsel reitera that the language of the statute cast serious doubt on the legal authority "4 Reserve Bank to open such an account. At this meeting several tileMbers of the Board referred to this further communication from the ed that the Board ?ectel'ea Reserve Bank of New York, and it was suggest ilre Prompt consideration to it. It was understood that the matter would he placed on the agenda at an early date. The meeting then adjourned. Secretary's Note: Pursuant to recommendations contained in memoranda from appropriate individuals concerned, Governor Shepardson today approved on behalf of the Board the following actions relating to the Board's staff: http://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 10/25/62 -14- 12..VjaELy employment Modification of the employment status of Stuart H. Altman, whose ILITointment as Economist was approved by the Board on September 10, 62/ to provide for employment for an initial period of approximately ..4) months notwithstanding his failure to pass a physical examination u4sad on the requirements for ordinary life insurance at normal rates, nth the understanding that the question of continued employment would °e considered at the end of the 18-month period. 2 7._increases, effective October 28, 1962 Betty B. Schieman, Statistical Assistant, Division of Research and Statistics, from $4,885 to $5,045 per annum. r Bishop Hart, Bindery Worker, Division of Administrative Services, $5,429 to $5,720 per annum. of sick leave Boris C. Swerling, Senior Economist, Division of International 4a114;e, up to 26 days of sick leave effective from October 8, 1962. http://fraser.stlouisfed.org Federal Reserve Bank of St. Louis BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM WASHINGTON 25. D. C. Item No. 1 10/25/62 ADDRESS OFFICIAL CORRESPONDENCE TO THE BOARD October 25, 1962. Board of Directors, Union Bank, Los Angeles, California. Gentlemen: The Board of Governors of the Federal Reserve Angeles, System approves the establishment by Union Bank, Los intersection California, of a branch in the vicinity of the provided of Ninth and Main Streets, Los Angeles, California, the branch is established within six months from the date of this letter. increase The Board notes that Union Bank plans to million its capital structure by from $15 million to $18 in 1963. Very truly yours, (signed.) Kenneth A. Kenyon Kenneth A. Kenyon, Assistant Secretary. http://fraser.stlouisfed.org Federal Reserve Bank of St. Louis GRAM TELE WIRE SERVICE LEASED BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM WASHINGTON Item No. 2 10/25/62 October 25, 1962. Helmer - Chicago for rental Board interposes no objection to your proposal Of second complement of electronic check processing equipment at Read Office as outlined in your letter October 11, 1962. (Signed) Merritt Sherman Sherman http://fraser.stlouisfed.org Federal Reserve Bank of St. Louis Item No.1 BOARD OF GOVERNORS 10/25/62 1 OF THE FEDERAL RESERVE SYSTEM offieeCorrespondence Eoard of Governors Date October 12. 1962 Subject: E. Kelleher On September 10, 1962, the Conference of ed a Presidents of the Federal Reserve Banks approv Leased Cash on mittee Subcom recommendation of the a . Wire and Sundry Operations for the acceptance of by on strati Admini es Servic Proposal from the General afforded the Which the Federal Reserve System would be tariffs offered economies of multiple group communication y and by the American Telephone and Telegraph Compan on. It strati Admini es Servic l administered by the Genera is estimated that an annual savings of $55,000 would be System's leased effected in line rental charges for the wire system. the The attached letter and agreement from al the propos ents implem on strati General Services Admini ence Confer ents Presid the by and is in the form approved and has been reviewed by the Board's Legal Division. It is recommended that the agreement be executed on behalf of the Board and that appropriate advice be given to the Federal Reserve Banks. (Signed) JEK Attachment http://fraser.stlouisfed.org Federal Reserve Bank of St. Louis (ic BOARD OF GOVERNORS Item No. OF THE 10/25/62 FEDERAL RESERVE SYSTEM WASHINGTON 25. D. C. ADDRESS OFFICIAL CORRESPONDENCE TO THE BOARD October 26, 1962. W. D. Fulton, Chairman, ;Inference of Presidents, (14ers1 Reserve Bank of Cleveland, ''eveland 1, Ohio. i)eat lir. Fulton: being sent to the Presidents Enclosed is a copy of a letter all the them of the execution informing Federal Reserve Banks today under which the Administration, .4 "ntract with General Services 4 of multiple economies the grou al Reserve System would be afforded and Telephone American Tele" c°mmunications tariffs offered by the acceptance agreement, this that Of vialfarth Company. It will be noted report approved by the Subcommittee the in was recommended elh : Nlf is to become ef1962, fect7rence of Presidents on September 10, lye October 29. Of Very truly yours, (Signed) Merritt Sherman Merritt Sherman, Secretary. http://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 4 BOARD OF GOVERNORS Item No. 5 10/25/62 OF THE FEDERAL RESERVE SYSTEM WASHINGTON 25, D. C. ADDRESS OFFICIAL CORRESPONDENCE TO THE BOARD October 25, 1962. The Board of Directors, Citizens Bank 8cTrust Company, park Ridge, Illinois. Attention Mr. Edward J. Reilly, President. Gentlemen: 1262, This refers to Mr. Reillyls letter of October 11, Chicago, of Bank Reserve Federal the of Hodge reseed to Mr. Paul C. nuance of your Iesting a further extension of the time for disconti e United Security Account plan. add Z loss The Board is aware of the hardship, particularly the .,_ c forced were irtimoLe rued interest, that would result if a depositor ediately to close his account because of the elimination of the insist that the pi:cking privilege. Therefore, the Board will not be discontinued prior to the end of this year, when the months' peP?sitor will be entitled to receive interest for the six the with given is 1c3d from July 1st. However, this extension plan Account y Securit be"iso that all depositors under the United more no 1262, 31, 11°tified by December 1st that after December '`"ce may be drawn thereunder. W Very truly A A ^, ours, , x\ztyv-^, <4.1 an, She Merritt Secretary http://fraser.stlouisfed.org Federal Reserve Bank of St. Louis I t ! TITLE 12 - BANKS AND BANKING Item No. 10/25/62 CHAPTER II - FEDERAL RESERVE SYSTEM RESERVE SYSTEM SUBCHAPTER A - BOARD OF GOVERNORS OF THE FEDERAL [Reg. T] PART 220 - CREDIT BY BROKERS, DEALERS, AND MEMBERS OF NATIONAL SECURITIES EXCHANGES 220.118 in a Time of payment for mutual fund shares purchased special cash account ion whether, in (a) The Board has recently considered the quest connection with the purchase of mutual fund shares in a "special cash account" under the provisions of Part 220, the 7-day period with respect to a 220.4(c)(2) or liquidation for nonpayment is that described in that described in § 220.4(c)(3). (b) Section 220.4(o)(2) provides as follows: r than "In case a customer purchases a security (othe does and nt accou cash al speci the an exempted security) in days 7 not make full cash payment for the security within the ased, purch so is ity secur the after the date on which creditor shall, except as provided in subparagraphs (3) (7) date the liqui wise other or l cance tly promp of this paragraph, (Emphasis transaction or the unsettled portion thereof." supplied) des in Section 220.4(o)(3), one of the exceptions referred to, provi l elevant part as follows: ' an unissued "If the security when so purchased is action under trans security, the period applicable to the days after 7 be subparagraph (2) of this paragraph shall by-TE-4able avail the date on which the security is made ied) -r-asis suppl (Emph issuer for delivery to purchasers." of the mutual fund (open(c) In the case presented, the shares erld investment company) are technically not issued at the time they are Several days may elapse from 8°1d by the underwriter and distributor. the date of sale before a certificate can be delivered by the transfer http://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 6 ; -2- agent. The specific inquiry to the Board was, in effect, whether the 7-day period after which a purchase transaction must be liquidated or cancelled for nonpayment should run, in the case of mutual fund shares, trom the time when a certificate for the purchased shares is available for delivery to the purchaser, instead of from the date of the purchase. (d) Under the general rule of 5 220.4(c)(2) that is applicable to purchases of outstanding securities, the 7-day period runs fl'olm the date of purchase without regard to the time required for the Illecharlical acts of transfer of ownership and delivery of a certificate. Thie rule is based on the principles governing the use of special cash accounts in accordance with which in the absence of special circum- 8taneeS3 payment is to be made promptly upon the purchase of securities. (e) The purpose of 5 220.4(c)(3) is to recognize the fact tha t1 when an issue of securities is to be issued at some fixed future ilate, a security that is a part of such issue can be purchased on a nuts ' en-issued, ' basis and that payment may reasonably be delayed until kfter such date of issue, subject to other basic conditions for trans- actic)ris in a special cash account. Thus, unissued securities should be regarded as "made available for delivery to purchasers" on the date when the Y are substantially as available as outstanding securities are available Upon purchase, and this would ordinarily be the designated date of "rice or, in the case of a stock dividend, the "payment date". In any eaees the time required for the mechanics of transfer and delivery of a certificate is not material under § 220.4(c)(3) any more than it is under http://fraser.stlouisfed.org Federal Reserve Bank of St. Louis -3(f) Mutual fund shares are essentially available upon purchase to the same extent as outstanding securities. The mechanics of their iesuarice and of the delivery of certificates are not significantly different from the mechanics of transfer and delivery of certificates for 151141ass of outstanding securities, and the issuance of mutual fund shares 14 not a future event in a sense that would warrant the extension of the ing secu'41"/ for payment beyond that afforded in the case of outstand of mutual es. Consequently, the Board has concluded that a purchase Shares is not a purchase of an "unissued security" to which 122°•4(c)(3) applies, but is a transaction to which § 220.4(c)(2)applies. (15 U.S.C. 78w) Dated at Washington, D. C., this 25th day of October, 1962. BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM erman, err Secretary. http://fraser.stlouisfed.org Federal Reserve Bank of St. Louis Item No. 71 10/25/62 1T1TED STAUS OF AIERICA BEFORE THE BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEH WASHETGT07, D. C. 4.• Weir the Ilatter of the Application of littGpITA COIEIOITUEALTH CORPORATIO:r rot, hoiri4Permission to become a bank stock or;4-4n.F.' company by acquiring e banks in Virginia ORDER APPROVING APPLICATIOIT IFIDER BANK HOLDITTG COIIPAITY ACT There has come before the Board of Governors, pursuant to 011 3(a)(1) of the Bank Holding Company- Act of 1956 (12 U.S.C. 1842) %!tion 4(a)(1) of the Boardfs nezulation Y (12 CFR 222.4(a)(1)), a't"-Lication by Virginia Commonwealth Corporation, Richmond, Virginia, the Boardts prior approval of action whereby Applicant would become batk holding company through the acquisition of more than 50 per cant or th e voting shares of The Dank of Virginia, Richmond, Virginia, , 11a Of Henrico, Sandston, Virginia, The Bank of Salem, Salem, _a, The Bank of Occoquan, Occoquan, Virginia, and the Bank of rick 3 -T 1, ewport News, Virginia. http://fraser.stlouisfed.org Federal Reserve Bank of St. Louis As required by section 3(c) of the Act, the Board notified the Commissioner of Banking for the State of Virginia of the receipt Of tl'`° aPplication and requested his views. The Commissioner stated in 1.41-ting that his office knew of no reason why it should not be approved. 1Tot1ce of receipt of said application was published in the ?edie re-1- Register on May 18, 1962 (27 F. R. 47)18), which notice provided 10PPort1nity for the filing of comments and views regarding the proP(ed acquisons, and the time for filing such comments and views 1148e Pired and all comments and views filed with the Board have been e°1181clered by it. IT IS HEREBY ORDERED, for the reasons set forth in the Boardts stat Illent of this date, that the said application be and hereby is Nted 3 and the acquisition by Applicant of more than 50 per cent of th oting shares of the above-mentioned banks is hereby approved, pro114 that such acquisition shall not be consummated (a) within seven clr days after the date of this Order or (b) later than three months 8ald date. Dated at Washington, D. C., this 25th day of Ootobc; 1962. BY order of the Board of Governors. Voting for this action: Chairman ilartin, and Governors Balderston, Hills, Shepardson, and King. Abeent and not voting: Governors Robertson and Nitchell. (Signed) Merritt Sherman Merritt Sherman, Secretary. http://fraser.stlouisfed.org Federal Reserve Bank of St. Louis r BOARD OF GOVER1TOI1S OF THE Item No. 8 10/25/62 FEDERAL RESERVE SYSTEII APPLICATION BY VIRGINIA C0/1/10111EALTH CORPORATION FOR PERMISSION TO MCOIE A BA:T.K HOLDING COMPANY STATEIETIT Virginia Commonwealth Corporation, Richmond, Virginia ("Aprn has applied, pursuant to section 3(a)(1) of the Bank 11°1ding Company Act of 1956 ("the Act"), for the Boardrs prior approval Or that would result in Applicant becoming a bank holding eorapa - namely, acquisition of more than 50 per cent of the voting 8hare 8 of The Dank of Virginia, Richmond, Virginia, with deposits of $151 Inillion;* The Bank of Henrico, Sandston, Virginia ("Henrico"), th deposits of $3.2 million; The Bank of Salem, Salem, Virginia (1141 "I"), with deposits of $8.9 million; The Bank of Occoquan, 0%0 gliarl, Virginia ("Occoquan"), with deposits of $6.4 million; and the ilewport News, Virginia ("Warwick"), with deposits Ilank of or $15•2 million. 48 otherwise indicated, deposit and loan figures herein stated Of December 31, 1961. http://fraser.stlouisfed.org Federal Reserve Bank of St. Louis • —2— in the State The Bank of Virginia is the fourth largest bank • 'Tould be the principal bank in the proposed holding company system. ata control of that bank and the four smaller banks; the group would still rank fourth in total d000sits, although very close in sine to the Uational Bank of Commerce, or Norfolk, which would retain third in five The Bank of Virginia has 19 offices distributed • in Norfolk, • as, in the Ilichmond metr000litan area, in Potersburg, IToTrport News, and in Roanoke. Acquisition of the bank in Occoquan of the State. ik)111d give Applicant representation in the northern part from the A chief adnitted advantage to Bank or Virginia f*()rmation of the proposed holding corpany system arises out of statu— terY restrictions on further branching in Virginia. All of that Bank's branches were acquired before a "freeze" imposed by the State legisla— ture in 1943. somewhat, but only In 1962, the restriction was relaxed in the city where to Permit city banks to establish additional branches the head office of the bank is located (in this case, in Richmond), or 1'1-thin five miles of the city limits. • III As a result, Bank of Virginia of the State only establish more branches in the remaining areas re it now has interests, or in other areas, through mergers. http://fraser.stlouisfed.org Federal Reserve Bank of St. Louis —3— Statutory factors. - Section 3(c) of the Act requires the ci to take into consideration the following five factors: (1) the "clal history and condition of the holding company and the banks c°11cellled; (2) their prospects; (3) the character of their management; (4) th e convenience, needs, and welfare of the communities and area el"ned; and (5) whether or not the effect of the acquisitions would bet() expand the size or extent of the bank holding company system inbeyond limits consistent with adequate and sound banking, the '1"c Interest, and the preservation of competition in the field of barking. Banking factors. - The financial history, condition, prospects, 4tba '''ttria gertlerlt of the five banks are satisfactory, as are the proposed c1-1 structure, proposed management, and prospects of the Applicant. n-a Commonwealth Corporation was incorporated as a Virginia corporat1,04 0 n January 11, 1962, for the purpose of acquiring more than SO per etrit of the outstanding shares of, and furnishing services to, the 14144 Pl'oposed to be acquired by it. Its management is to be made up as competent. officers of the banks involved, who are regarded 1);Irk. The Bank of Virginia was organized in 1922, as a Norris Plan Ten of its branches and two facilities are located in the Richmond tli()Poli -Lan area, three branches in 7orfolk, and one branch each in kruln °Ilth, Petersburg, Roanoke, and Hewport l'e7ys. As of December 31, 1961 13 44k of Virginia had loans of $93 million. http://fraser.stlouisfed.org Federal Reserve Bank of St. Louis Henrico was organized in 1957, with major assistance from Dank of Virginia, It now operates two branches, and the Virginia State CcTPoration Commission has authorized the opening of an additional branch. It offers general commercial banking other than trust services, 414 had $2.4 million of loans on December 31, 1961. Occoquan has its main office in the town of Occoquan, and has three branches, all within Prince William County, about 75 to 85 miles north of Richmond. It is the third largest of the five banks located in that county. The bank and its branches are situated between Washington, D. C., and Quantico, and the area is predominantly-residential. It has loans of $3.8 million. Salem was organized in 1891. The bank did not operate any branches until 1961 when it established a branch in a shopping center Ftoanoke County adjacent to the city of Roanoke* Loans outstanding total $6 million. Warwick was organized in 1941 in what was then the town of Village in Warwick County. Subsequently the county became an inecrporated city, and later was consolidated with the city of Newport tlew, -• Warwick operates two branches in Newport News and has made aPPlication for a branch to be located in adjacent York County. Its t°tal loans amount to7.5 million. As to the prospects of the proposed holding company, AD . Pia-cant argues that a notable economic surge forward which Virginia haa 'lade in recent years requires, and will require, stronger banking a°111'ees, and that creation of the bank holding company system will help http://fraser.stlouisfed.org Federal Reserve Bank of St. Louis ; Pr'clicla such sources with a corresponding opportunity for growth of the *e banks as well as of Applicant. In this connection, Applicant contends that the holding company will better be able to raise the capital Ileeded to keep pace with industrial expansion in the State than could the individual banks. It does not appear to the Board that it would be substantially eaajer for the banks to raise capital through the holding company Ste 111, as apparently none of the banks has experienced difficulty in the Past in floating new issues of stock when needed. On the other hank' 'oasically, additional capital is justified by deposit growth, and t° the extent that general improvements in management and efficiency of th Illpsidiary banks promoted deposit growth, their prospects would be IrriProvecis Ready access to the automated equipment already installed of Virginia should also improve the operating efficiency of banks and facilitate their growth, thus improving their • 173t0 1,leets ,.. Turning to the third factor, the character of the management tile A -PPlicant and the banks concerned, it appears that Bank of Thr -111 has for some years maintained a strong training program. the extension of this program, Applicant argues, it will be be t41,11 t ° suPPly the smaller banks with officers who are more qualified t, "e which the banks individually could attract or develop. http://fraser.stlouisfed.org Federal Reserve Bank of St. Louis -6Against this contention, it can be urged that, on Applicant's °14 showing, the present management of all the banks is satisfactory, ladthere is no reason to suppose, except in the case of one of them, hichhas recently had a management succession problem, that they will be unable to attract capable officers in the future. Despite past perl'0 '111411ce in this regard, however, it would appear that since Applicant /41-11-be able to place officers from the smaller banks for periods of trai1-ng in the more specialized departments of the large bank, and can tfel' executives of the smaller banks better opportunities of promotion, °41advantage would accrue to the smaller banks under this factor. Convenience and needs of communities. the The fourth factor, convenience, needs, and welfare of the communities and the areas c°neerned, is of course intimately interwoven with the first three. Mditi -(3na1 arguments which have been brought forward under the fourth t '°/' include the fact that Bank of Virginia has a sizable and active a tNst -epartment, and Applicant plans to make expert advice and guidance Ilithe trust field available to the smaller banks, although it does not 131m,, 8Q to establish trust departments in the three which have none. A " 111. Point made by Applicant is that the greater ease of arranging Da.zti • ' clPations within the holfling company system would have the effect °11'412ing the effective (although not the legal) lending limit of its t4bn. -idiary banks. While the contemplated guidance on trust matters would be of 4ssistance to the smaller banks and to their communities, the http://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 4 8ca1e of their future operations will probably not justify much trust 8.etIlritY. As to the second point, the smaller banks have been able to cIrrange participations with correspondent banks, particularly with 4rik or Virginia, when needed, and should be able to continue doing so %Iet'e they to remain independent of the system. Competitive effect. - The final factor, whether the effect t the proposed transaction would be to expand the size or extent of the 134nk holding company involved beyond limits consistent with adequate 44a sound banking, the public interest, and the preservation of competit104 in the field of banking, is more difficult to analyze. However, the 7, C°a.rd is of the opinion that the proposed holding company system 111-1- remain well within limits consistent with adequate and sound banking, e.raci 80 far, will be consistent with the public interest. Applicant's banks would have about aePosits of all banks in the State. ore 5 per cent of the offices In the areas where more than the proposed subsidiaries have offices, the group's proportion °I %osits would be about 10 per cent in the case of the Roanoke and 'enl banks and 11 per cent of banks in the Richmond metropolitan area. 8al 1"QwPort News, the subsidiary banks would have about 26 per cent of ollibiried bank deposits, considi:rably less than that of the largest bank 14 the citY. The merger of that bank with First and Merchant's National 44111t°13 Richmond, on October 31, 1962, will make it a branch of the Ilfgest bank in the State. http://fraser.stlouisfed.org Federal Reserve Bank of St. Louis (!, On the question whether there will be a significant lessening (31c ompetition in the field of banking as a result of approval, the 1)ePartment of Justice has urged that "The proposed formation of a holding company, which standing alone may appear of not too great significance, MaY actually be the incipient step which will trigger 2."her and more substantial conglomerations resulting in virginia banking in every community being dominated by a, small number of large holding companies with a consequent Qiminution in the number of smaller, locally controlled banks.it The Board agrees with the inference in the statement by the lePartnient of Justice that the lessening of present competition which 4141_ 4 elY to result from the proposed acquisitions is not sufficient to ' -Itecillire denial of the application. Occoquan is about 85 miles from illehlilesncl, and there is no existing competition between Occoquan and tarit. of Virginia. In the case of Henrico, the close relationship with 11111` Of Virginia, as well as the location of Henrico in suburbs of the ltY, where the larger bank is not represented, has forestalled the cilrel°131'nent of competition between them. In the case of Salem, Applicant urges with some reason that the de gree of existing competition with the Roanoke branch of Bank of 1111tRini, -- is slight and due to special, self—terminating factors. As to Warwick, the $1.05 million of deposits and $.9 million at loa ns of Bank of Virginia's Newport News branch which originate in tlie Pr* to 6.9 per cent of 117'417 service area of Warwick are equivalent the d ePosits and 12.2 per cent of the loans of the Bank of Warwick. The http://fraser.stlouisfed.org Federal Reserve Bank of St. Louis -9 — deposits and loans of Warwick which originate in the primary service 4.ea of Bank of Virginia's branch are less significant from the competiti\re Point of view, as five commercial depositors, two of whom are ilirectors of Warwick, account for about $.3 million of the $.35 million q such deposits, and three commercial customers, two of whom are 44'ectors, account for about 85 per cent of the $.2 million of such In addition, the size and number of alternative banking sour ces which would remain would tend to mitigate the lessening of c.°1111 etition which can be expected to result from approval. The statement that approval of this application will "trigger other and more substantial conglomerations", as urged by the Department or ju "ice, seems to imply that approval will in some fashion commit the t 0ard to approving future applications. But it is the statutory Of the Board to determine the point at which a line should be drawn, ci ter.1.4 further concentration of banking facilities, and it has done ' 4 one recent case, the matter of the application of Morgan `31.k State Corporation, where the proposed system would have included the ri -- largest bank in New York City, and six of the largest banks 14 the respective upstate New York areas, thus widening the competitive Rap b etween the larger and the smaller banks in the cities concerned, thet (341'd found that this prospective result compelled the conclusion that formation of the holding company would have adverse consequences thf, - competitive banking structure of the State and required denial. (48p cleral Reserve Bulletin 567, May 1962) http://fraser.stlouisfed.org Federal Reserve Bank of St. Louis Approval of the application of First Bancorporation of 'Iorida similarly would have united four powerful banks already "strongly el*enched" in the State's four largest metropolitan areas. The Board r°utid that to since "Among relatively large and aggressive banks competing the business of sophisticated customers such as other banks, 411 advantages caa be decisive", it was "probable that the 41' e()IrrPetitive ability of the remaining major correspondent banks would be 8811°us1y diminished" and denied the application. (48 Federal Reserve klaetin 979 at 982, August 1962) By contrast, the proposed holding company would not be the oi klant banking institution in any area in which it operated. Four of the 1, vealks are relatively small, and there would be no change in the re -ve rank of the principal State banking organizations as a result 13Proval. While the shoe industry is, of course, different from the be. 111411g 1fldustry, it may be relevant to note that in its recent decision t l'wri Shoe Co. v. United States, the Supreme Court found that Noor+ --ers of the 1954 amendment to section 7 of the Clayton Act eated that it would not impede, for example, a merger between to 81111111 companies to enable the combination to compete more effecrelY with larger corporations dominating the relevant market" and held. that "Congress indicated plainly that a merger had to be funct1(4144Y viewed, in the context of its particular industry." http://fraser.stlouisfed.org Federal Reserve Bank of St. Louis Indeed, the 1 rIcr7 Court described, as a ' ,mitigating factor" a "demonstrated need for combinatioft to enable small companies to enter into a more meaningful competition Ilith those dominating the relevant markets." (370 U.S. 294 at 319, 321four smaller 322) 346 (June 25, 1962)) In the present case, uniting the b4nks with Bank of Virginia should enable all these banks to compete more effectively, both with the larger banks in their own areas and with the now active in the Powerful Richmond and out-of-state banks which are stances does it appear Virginia banking field. Nor under all the circum that the remaining smaller independent banks would be adversely affected. of the general purposes Viewing the relevant facts in the light Of the Act and the factors enumerated in section 3(c), as well as the cited opinion of the Supreme Court, it is the judgment of the Board that statutory objecth proposed acquisitions would be consistent with the should be granted. tilies and the public interest and that the application October 25, 1962 http://fraser.stlouisfed.org Federal Reserve Bank of St. Louis (19F4 Item No. RAM TELEGSERVICE 10/25/62 LEASED WIRE BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM WASHINGTON October 25, 1962. 1144Y - Dallas Reference your telephone conversation earlier today with 111.' Shay concerning whether the Board has objection to the appearance by Federal Reserve Examiner William C. Reddick, Jr., pursuant to a subpoena to testify on Monday, October 29 at Corpus Christi, Telcaa, at the trial of criminal charges that arose following the nscember 1961 examination of First State Bank, Fremont, Texas. It ita- u that nderstood that the United States Attorney has indicated 114'. Reddick will be expected to testify with respect to the disappearance from the vault of the bank during the aforementioned examination Of five promissory notes. You related in addition that Mr. Reddick Might be directed during his testimony to furnish in open court a copy tlf his memorandum to Vice President Pondrom of your Bank, a copy of vhicu was enclosed with Mr. Pondrom's letter to Mr. Solomon of lanlierY 19, 1962. no You are advised that the Board will interpose °Ilection .to Mr. Reddick's appearance and testimony in pursuance of the aforementioned subpoena, and to furnish a Copy of the aforementioned nien4Irandum if directed to do so as outlined herein. (Signed) Merritt Sherman Sherman http://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 9 TELEGRAM Item No. 10 10/25/62 BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM WASHINGTON October 25 1962 M. W Holtrop, President, Ilatik for International Settlements, Ilasle, Switzerland. telephone inquiry This is in response to your recent • to me regarding status of B.I.S. under Public Law 87-827, rates of interest payable ; 4PProved October 15, 1962, regarding foreign and incertain !Y member banks on time deposits of purposes of general ernational institutions. In light of of B.I.S., functions at statute and nature of organization and financial and lioard has concluded that phrase "monetary of construe! 1!thorities of foreign governments" is susceptible of deposits time as including B.I.S. and that therefore that by covered 13.1.S. when acting in such capacity would be s tatute. (signed) William McC. Martin, Martin Fedreserve "HORS OF 'THE FEDERAL http://fraser.stlouisfed.org Federal Reserve Bank of St. Louis RsaHvE S'STFl S-1844 BOARD OF GOVERNORS OF THE Item No. 11 10/25/62 FEDERAL RESERVE SYSTEM WASHINGTON 25. D. C. ADDRESS OFFICIAL CORRESPONDENCE TO THE BOARD October 25, 1962. Dear sir: For your information and guidance, there is set forth . b e] ow the text of a telegram sent today by Chairman Martin to • Roltrop, President of the Bank for International Settlements, response to a recent telephone call from Dr. Holtrop to the }IL:airman regarding the question whether time deposits of the with member banks would be exempted from interest rate ' imitations under Public Law 87-827 approved October 15, 1962, amending section 19 of the Federal Reserve Act. This is in response to your recent telephone inquiry to me regarding status of B.I.S. under Public Law 87-827, approved October 15, 1962, regarding rates of interest payable by member banks on time deposits of certain foreign and international institutions. In light of general purposes of that statute and nature Of organization and functions of B.I.S, Board has concluded that phrase "monetary and financial authorities of foreign governments" is susceptible of construction as including B,I.S and that therefore time deposits of B.I.S. when acting in such capacity would be covered by that statute. Very truly yours, Merritt Shdrpan, Secretary. 11%() 1111C PRESIDENTS OF ALL MERU, RESERVE BANKS http://fraser.stlouisfed.org Federal Reserve Bank of St. Louis