BRANCHES
1. Domestic Branches—Before the enactment of the McFadden Bill
the National Bank Act did not give national banks the privilege of
establishing domestic branches; it did, however, contain a provision
whereby a State bank converting into a national bank was permitted
to retain in operation existing branches to which capital had been
definitely assigned by the parent bank. Such a bank, upon reorganiza-
tion, might continue as a national bank operating domestic branches,
or it might merge with another national bank (under the Act of
November 7, 1918) and be the means by which the latter national
bank acquired domestic branches. National banks were, however,
permitted to establish one or more additional offices in the home
city of the bank upon authority from the Comptroller of the Currency
under regulations formulated by him in accordance with opinions
interpretive of the National Bank Act rendered by the Attorney
General on May 11, 1911, and October 3, 1923. A bank desiring to
establish one or more outside offices was required to make application
to the Comptroller giving full information regarding the proposed
additional offices and the circumstances making their establishment
necessary. The operations of such offices were limited to the receipt
of deposits, the payment of checks and the performance of routine and
administrative functions; they were established only in localities
where State banks were permitted to engage in branch banking and
then only in event it were shown that the effective conduct of the
bank’s business required the additional office or offices.
The establishment and operation of domestic branch banks by
national banks are at present governed entirely by conditions set
forth in the Act of February 25, 1927. With regard to branch banking
activities of national banks, this act provides, in general, for the
retention of any branches which were in lawful operation on the above
date, and authorizes the establishment and operation of new branches,
subject to the approval of the Comptroller, within the limits of the
city in which the parent bank is located provided the laws of the State
in which the bank is located extend this privilege to State banks.
The authority to establish new branches is limited by several
conditions. Branches may not be established without the consent and
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