12 U.S.C. § 30

Change of name or location

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(a) Name change

Any national banking association, upon written notice to the Comptroller of the Currency, may change its name, except that such new name shall include the word “National”.

(b) Location change

Any national banking association, upon written notice to the Comptroller of the Currency, may change the location of its main office to any authorized branch location within the limits of the city, town, or village in which it is situated, or, with a vote of shareholders owning two-thirds of the stock of such association for a relocation outside such limits and upon receipt of a certificate of approval from the Comptroller of the Currency, to any other location within or outside the limits of the city, town, or village in which it is located, but not more than thirty miles beyond such limits.

(c) Coordination with section 36 of this title

In the case of a national bank which relocates the main office of such bank from 1 State to another State after May 31, 1997, the bank may retain and operate branches within the State from which the bank relocated such office only to the extent authorized in section 36(e)(2) of this title.

(d) Retention of “Federal” in name of converted Federal savings association(1) In general

Notwithstanding subsection (a) or any other provision of law, any depository institution, the charter of which is converted from that of a Federal savings association to a national bank or a State bank after November 12, 1999, may retain the term “Federal” in the name of such institution if such institution remains an insured depository institution.

(2) Definitions

For purposes of this subsection, the terms “depository institution”, “insured depository institution”, “national bank”, and “State bank” have the meanings given those terms in section 1813 of this title.

(May 1, 1886, ch. 73, § 2, 24 Stat. 18; Pub. L. 86–230, § 3, Sept. 8, 1959, 73 Stat. 457; Pub. L. 97–320, title IV, § 405(a), Oct. 15, 1982, 96 Stat. 1512; Pub. L. 97–457, § 19(a), Jan. 12, 1983, 96 Stat. 2509; Pub. L. 103–328, title I, § 102(b)(2), Sept. 29, 1994, 108 Stat. 2350; Pub. L. 106–102, title VII, § 723, Nov. 12, 1999, 113 Stat. 1471.)Editorial NotesAmendments

1999—Subsec. (d). Pub. L. 106–102 added subsec. (d).

1994—Subsec. (c). Pub. L. 103–328 added subsec. (c).

1983—Subsec. (b). Pub. L. 97–457 inserted “for a relocation outside such limits” after “stock of such association”.

1982—Pub. L. 97–320 designated existing provisions as subsec. (a), substituted provisions permitting a change of name upon written notice to the Comptroller, such new name to include “National”, for provisions permitting a change of name or location of the main office, with approval of the Comptroller, within city limits, etc., or outside such limits by vote of shareholders, such change to be validated by certificate of approval, and added subsec. (b).

1959—Pub. L. 86–230 required approval of Comptroller of the Currency before a national bank could change location of its main office within the limitations of the city, town, or village in which it is situated.

Executive DocumentsException as to Transfer of Functions

Functions vested by any provision of law in Comptroller of the Currency, referred to in this section, not included in transfer of functions to Secretary of the Treasury, see note set out under section 1 of this title.

Notes of Decisions
Cited in 47 cases, 1936–2017 · leading case: First Nat'l Bank of Bellaire v. Comptroller of the Currency, 697 F.2d 674 (1st Cir. 1983).
First Nat'l Bank of Bellaire v. Comptroller of the Currency, 697 F.2d 674 (1st Cir. 1983). · cites it 7× “ALLEGED VIOLATION OF 12 U.S.C. § 30 On April 19,1979, the Bank applied to the Comptroller for approval of a change of location of its head office.”
Synovus Fin. Corp. v. Bd. of Governors of the Fed. Reserve Sys., 952 F.2d 426 (D.C. Cir. 1992). · cites it 5× “In reaching its decision, the OCC explained that section 30(b) of the McFadden Act, 12 U.S.C. § 30 (b), expressly governs main office relocations and that, by amendment, section 30 allows relocations within a thirty-mile radius whether or not the relocation crosses state lines.”
Traverse City State Bank v. Empire Nat'l Bank, 228 F. Supp. 984 (W.D. Mich. 1964). · cites it 11× “On February 16, 1961, defendant Empire National Bank made application to the Comptroller of the Currency pursuant to 12 U.S.C.A. § 30 , for approval of the Comptroller to change the location of its main office from Empire, Michigan, to Traverse City, Michigan, which is within a…”
Fin. Freedom Acquisition, LLC v. Griffin, 170 A.3d 41 (Conn. App. Ct. 2017). · cites it 3× “See 12 U.S.C. §§ 30 - 32 (2012). Specifically, it provides that "[a]ny national banking association, upon written notice to the Comptroller of the Currency, may change its name, except that such new name shall include the word 'National.”
Centrak Nat. Bank of Miami v. Cent. Bancorp., Inc., 411 So. 2d 358 (Fla. 3d DCA 1982). · cites it 5× “As its first point on appeal, appellant claims that the trial court lacks subject-matter jurisdiction because 12 U.S.C.A. § 30 preempted the relief sought by Central Bancorp, Inc.”
Bank of Texas v. Com. Sw., Inc., 741 F.2d 785 (5th Cir. 1984). · cites it 2× “The court ruled before trial that former Section 30 of the National Banking Act, 12 U.S.C. § 30 (since amended), preempted both the Texas common law of unfair competition and § 43(a) of the Lanham Act as far as determining the similarity of the three federally chartered…”
Citibank, N.A. v. Citibanc Grp., Inc., 724 F.2d 1540 (11th Cir. 1984). “1980), the court dealt with the preemption of state unfair competition law by the National Bank Act, 12 U.S.C. § 30 (1976). We can find no indication that Congress intended that the decision of the FRB bind this court or that section 1842 should preempt the Lanham Act.”
Wachovia Bank v. Daniel G. Schmidt III Priag LLC DGS Investments, Inc., 388 F.3d 414 (4th Cir. 2004). “as regards living quarters, business, social life, or possession,” or “to bring into existence, create, make, start, originate, found, or build usufally] as permanent or with permanence in view ” (emphases added)). A national bank is originally and permanently established at its…”
Cope v. Anderson, 331 U.S. 461 (1947). “See 12 U. S. C. §§ 30 , 33, 34 (a), 36, 51, 62, 72.”
McEnteer v. Clarke, 644 F. Supp. 290 (E.D. Pa. 1986). · cites it 4× “The Department stated in its letter that: (a) 12 U.S.C.A. § 30 does not permit interstate relocation of a main office; (b) the Commissioner’s approval of the relocation would violate § 1842(d) of the Bank Holding Company Act.”
State of Washington ex rel. Michael D. Edwards v. John Heimann, 633 F.2d 886 (9th Cir. 1980). “2d 58 (1970) (bank’s proposal to relocate its main office and maintain its old location as a branch is controlled by 12 U.S.C. § 30 and not by section 36(c)).”
NCNB Corp. v. United States, 684 F.2d 285 (4th Cir. 1982). “Among the activities of a national bank which require approval of the Comptroller are: change of name, 12 U.S.C. § 30 ; change of location, id.; consolidation of national banks, 12 U.”
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