o 11 in = der ad. nit gfe ich the be OW 111= ald “he ~ds ler rds ‘he ms {XT VP 1s, n nt 11t = 1d ad 1c Ja ar fF aT a) fm 1a rt {@ Id qd Sec. 11 FEDERAL RESERVE ACT National banks in such cases shall not be required to 2xecute the bond usually required of individuals if State corporations under similar circumstances are exempt from this requirement. National banks shall have power to execute such bond when so required by the laws of the State. In any case in which the laws of a State require that a corporation acting as trustee, executor, administrator, or 0 any capacity specified in this section, shall take an dath or make an affidavit, the president, vice president, cashier, or trust officer of such national bank may take the necessary oath or execute the necessary affidavit. _ It shall be unlawful for any national banking associa- fon to lend any officer, director, or employee any funds held in trust under the powers conferred by this section. Any officer, director, or employee making such loan, or to whom such loan is made, may be fined not more than $5,000, or imprisoned not more than five years, or may be both fined and imprisoned, in the discretion of the ~ourt,. In passing upon applications for permission to exercise the powers enumerated in this subsection, the Federal Reserve Board may take into consideration the amount of capital and surplus of the applying bank, whether or not such capital and surplus is sufficient under the cir- *umstances of the case, the needs of the community to be served, and any other facts and circumstances that seem to it proper, and may grant or refuse the application accordingly: Provided, That no permit shall be issued to Any national banking association having a capital and surplus less than the capital and surplus required by State law of State banks, trust companies, and corpora- tions exercising such powers. Any national banking association desiring to surrender its right to exercise the powers granted under this sub- section, in order to relieve itself from the necessity of com- plying with the requirements of this subsection, or to have returned to it any securities which it may have deposited with the State authorities for the protection of private or court trusts, or for any other purpose, may file with the Federal Reserve Board a certified copy of a reso- lution of its board of directors signifying such desire. Upon receipt of such a resolution, the Federal Reserve Board, after satisfying itself that such bank has been 25