The Miller press. [volume] (Miller, S.D.) 190?-current, 1916-10-26

All OIllC6TS duu tilplOyt CO having &C.
cess to or care Of the funds and assets
of the bank, must furnish a surety COM
pany bond in the minimum amount of
five thousand dollars ($5,e 00) which
must have the approval of the public
examiner before ii can be accepted; and
when the same shall have been accepted
by tile board of directors of the bank or
trust company, 1t shall be filed with the
public examiner. No bond having been
approved and accepted as hereinbefore
provided for, may be altered, cancelled
or terminated, by any one, until after
thirty days written notice Of the inten-
tion so to alter, cancel or terminate such
bond, shall nave been served upon the
public examiner and no Liability of any
bonding company which shall have ac-
crued prior to the time above mentioned
shall terminate within less than one year
after such bond shall have been can
celled.
Sec. ~. Directors Meetings-Reports.l
The board of directors shall hold at least
two regular meetings each year and these
shall be held on the second Tuesday in
January and July, or any day thereafter
within such months, TO be fixed by the
bylaws, and at such meetings a thorough
examination of the books, records, funds
and securities held by the bank shall be
made by the board, or by a committee of
the stockholders appointed by the board,
and a report prepared giving in detail all
items included in the assets of the bank
which they ave reason to believe are
not of the value at which they are being
carried by the bank. and giving the valuo
OF edCn OF SUCH Items as IiltN may nave
determined. Such report shall be made
under oath and shall be recorded in the
minute book of the bank, and "a duly certi-
fled copy thereof transmitted to the public
examiner within ten days.
Sec. 10. Must Report Dividends-When
Declared All dividends, unless paid
s~emi-annually, shall be declared at q
held on the second Tuesday in January,
or any day thereafter in that month as
provided by the bylaws, and if paid semi
airy and July as herein provided. a full
n complete record of the proceedings
and business of all such meetings shall
be spread upon the banks minute book;
such record shall show the disposition Of
profits in detail, by indicating all poor
or worthless items charged out and the
amount of the same, the amount of ex-
pense charge out, the amount carried to
the surplus, If any, and the amount OF
dividend declared, and shall also Indicate
the amount of net undivided profits re-
such meeting, the president or cashier
shall transmit to the public examiner q
certified copy OF such record.
Sec. Il. Referring to By-Laws.l Before
any bank or trust company shall be auth
orized to commence business, the stock
holders of such institution shall prepare
and submit to the public examiner for
his approval suitable bylaws for the
government of the institution. If tho
public examiner approves of them, hs
shall file the same in his office and
uOllly SuCn institution OF MS aDprONat
thereof, whereupon such bylaws shall
be adopted by the stockholders and spread
at length upon the minute book of the
bank as a part of the proceedings of the
meeting at which they are adopted. II
the public examiner does not approve of
such bylaws, or any of them, he shall
notify such institution of such fact and
any bylaws not approved shall not be
adopted by the stockholders.
Upon the adoption by the stockholders
Of such bylaws, they shall be trans
become a permanent record of such in
stitution and shall be known as the
Book of Bylaws"
Any amendments which may be made
from time to time shall be adopted, re-
corded, and filed in the same manner as
provided for original bylaws and all of
the same shall be subject to the approval
of the public examiner.
In all cases where a banks by-laws
provide for meetings on dates which con-
flict with sections IL, IL and 13 of his
amended at the next regular annual meet
ing of the stockholders.
Sec. Is. Stock Book.l Every, bank
shall keep a stock book, which h at
business be subject to the inspection OF
he stockholders and creditors of the bank.
Such book shall show a full and correct
list OF the names and addresses of all
stockholders in the bank and the number
of shares held by each.
A list. of the owners of private banks
Sldh Dt Kept III like III lLGT. n EGIuS1l
by the officers of a bank to exhibit such
book to any person rightfullv demanding
inspection thereof, shall subjuct' such Of
ficer to a fine of fifty dollars. In all ac-
tons, suits and proceedings such books
shall be conclusive evidence of the facts
therein stated. A copy of such list as of
date June 30th of each even numbered
year, verified by oath of the president
or cashier or owner Of such bank, shall
be transmitted to the public examiner
within ten days.
Coo 1e +oolrho1Jor, Dt-L4 a. Wa
At all stockholders meetings, each share
of stock shall entitle the owner ofNrecord
to one vote. A stakeholder may vote at
any meeting of the stockholders by proxy.
Sec. II. Articles May be A~mended-A
bank may amend it's articles of incorpora-
'tion in any manner not Inconsistent with
the provisions of law, at any time, by a
vote of it's stockholders representing two-
thirds of the capital stock. such vote to
be taken at a meeting called for that pur-
pose: Such amendment, certified by tho
president and cashier, shall be recorded
and filed as required for articles of in
corporation. Unless the required surplus
will permit. no increase of capital shah
be valid until the amount thereof has
been subscribed and actually paid in.
No reduction of capital shall be made to
a less amount than is required under the
provisions of this act for capital, nor be
valid or warrant tho cancellation of stock
certificates or diminish the personal la
bility of stockholders until such reduc-
ton has been approved by the public ex-
aminer. Such approval must be based
upon a finding by him that the security Of
the existing creditors will not be i'm
paired by the proposed reduction.
Sec. is. Real Estate-How Acauired-A
bank may purchase, acquire, hold and
convey real estate for the following pur-
poses only:
First, Such as shall be necessary for
the convenient transaction of it's business.
including with it's banking Offices. other
apartments to rent as a source Of in
come.
Provided, however, that no bank shah
invest in a banking office, furniture and
fixtures, an amount greater than forty
per cent of the capital and surplus, ap
herein provided, of such bank.
This limitation need not apply imme-
diately to present holdings of banks now
book values of such holdings at least nvS
per cent annually until such values are
brought within this limit.
Second. Such as shall be conveyed to
IT in satisfaction of debts previously con-
tracted In the course of its business; pro-
vided, however, that no hank shall invest
In real estate so acquired, any amount in
excess of the amount of such indebted
ness; and provided further, that real
within one year, either by sale or by be-
ing charged out of the banks assets.
Third. Such as 1t shall purchase at
sale on Judgments, DEGREES, or mortgage
foreclosure under securities held by il. hut
a bank shall not bid at such sale a larger
amount than is necessary to satisfy its
debts and costs.
Fourth. No real estate acquired In the
cases contemplated in the second and
third subdivisions preceding shall be held
for a longer time than five years, except
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