Each director, when appointed or elected, shall take an oath that he will, so far as the duty devolves on him, diligently and honestly administer the affairs of such association, and will not knowingly violate or willingly permit to be violated any of the provisions of title 62 of the Revised Statutes, and that he is the owner in good faith, and in his own right, of the number of shares of stock required by title 62 of the Revised Statutes, subscribed by him, or standing in his name on the books of the association, and that the same is not hypothecated, or in any way pledged, as security for any loan or debt. The oath shall be taken before a notary public, properly authorized and commissioned by the State in which he resides, or before any other officer having an official seal and authorized by the State to administer oaths, except that the oath shall not be taken before any such notary public or other officer who is an officer of the director’s bank. The oath, subscribed by the director making it, and certified by the notary public or other officer before whom it is taken, shall be immediately transmitted to the Comptroller of the Currency and shall be filed and preserved in his office for a period of ten years.
Notes of Decisions
Fed. Deposit Ins. Corp. v. Haddad, 778 F. Supp. 1559 (S.D. Fla. 1991).
· cites it 13× “1821(k) (Count III), and Breach of Contract (Count V), and one count against defendant directors for violation of their oaths of office pursuant to 12 U.S.C. § 73 (Count IV). Defendants Haddad, McMullin, De Cardenas, Sanchez, Schwartz, and Izquierdo have all filed, whether…”
United States v. Turrietta, 696 F.3d 972 (10th Cir. 2012).
· cites it 2× “§ 727 (a)(4)(A) (discharge in bankruptcy); 12 U.S.C. § 73 (national bank directors), but also because it would be farfetched to infer from the volumes of statutes and rules relating to criminal procedure generally and jury trials specifically—laws codifying principles as…”
Thompson v. Kerr, 555 F. Supp. 1090 (S.D. Ohio 1982).
· cites it 3× “Said acts were alleged to have violated 12 U.S.C. § 73 , and jurisdiction of this Court was invoked under 12 U.”
Fed. Deposit Ins. Corp. v. Greenwood, 739 F. Supp. 450 (C.D. Ill. 1989).
· cites it 2× “Pursuant to 12 U.S.C. § 73 , each director of a national bank takes an oath “that he will, so far as the duty devolves on him, diligently and honestly administer the affairs of such association, and will not knowingly violate or willingly permit to be violated any of the…”
Fed. Deposit Ins. Corp. v. Dannen, 747 F. Supp. 1357 (W.D. Mo. 1990).
· cites it 4× “Contract Claims Based on Oath The National Bank Act, 12 U.S.C. §73 , requires directors of a bank to take an oath that he will “diligently and honestly administer the affairs of such association, and will not knowingly violate or willingly permit to be violated any of the…”
Fed. Deposit Ins. Corp. v. Grant, 8 F. Supp. 2d 1275 (N.D. Okla. 1998).
· cites it 2× “’ 12 U.S.C.A. § 73 . By the relationship, fortified by the oath, [a director] agrees with the stockholders and creditors that he will honestly and diligently administer the bank’s affairs.”
Hughes v. Reed, 46 F.2d 435 (10th Cir. 1931).
“” 12 USCA § 73. By the relationship, fortified by the oath, he agrees with the stockholders and creditors that he will honestly and diligently adminis *441 ter the hank’s affairs.”
Fed. Deposit Ins. Corp. v. Amundson, 682 F. Supp. 981 (D. Minnesota 1988).
“§§ 375a and 375b; and c) breached various duties of loyalty, due care, and good faith, as well as the oath required under 12 U.S.C. § 73 . In sum, the lawsuit concerns the conduct and performance of certain former directors of the bank.”
Mechanics Universal Jt. Co. v. Culhane, 299 U.S. 51 (1936).
“§ 5147, 12 U. S. C. § 73 , each director is required to take an oath that he “will not knowingly violate or willingly permit to be violated any of the provisions of this title.”
Noble v. Martin, 70 P.2d 1064 (Wash. 1937).
“’ 12 USCA § 73. By the relationship, fortified by the oath, he agrees with the stockholders and creditors that he will honestly and diligently administer the bank’s affairs.”
Transamerica Corp. v. Parrington, 252 P.2d 385 (Cal. Ct. App. 1953).
“On each occasion of being elected as such director each of the appellants took an oath *350 as required by the National Banking Act ( 12 U.S.C.A. § 73 ) that he would, so far as the duties devolved upon him, diligently and honestly administer the affairs of the bank, and would…”
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