U.S. Code » Title 12 » Chapter CHAPTER 2— NATIONAL BANKS › Subchapter SUBCHAPTER IV— REGULATION OF THE BANKING BUSINESS; POWERS AND DUTIES OF NATIONAL BANKS

12 U.S.C. § 94

Venue of suits

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Any action or proceeding against a national banking association for which the Federal Deposit Insurance Corporation has been appointed receiver, or against the Federal Deposit Insurance Corporation as receiver of such association, shall be brought in the district or territorial court of the United States held within the district in which that association’s principal place of business is located, or, in the event any State, county, or municipal court has jurisdiction over such an action or proceeding, in such court in the county or city in which that association’s principal place of business is located.

Notes of Decisions
Cited in 314 cases (1 in the last 5 years), 1929–2023 · leading case: Wachovia Bank, Nat'l Ass'n v. Daniel G. Schmidt III Priag LLC Dgs Investments, Inc., 388 F.3d 414 (4th Cir. 2004).
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Wachovia Bank, Nat'l Ass'n v. Daniel G. Schmidt III Priag LLC Dgs Investments, Inc., 388 F.3d 414 (4th Cir. 2004). · cites it 14× “The prior version of 12 U.S.C. § 94 at issue in that case read as follows: Actions and proceedings against any association under this chapter may be had in any district or Territorial court of the *420 United States held within the district in which such association may be…”
Radzanower v. Touche Ross & Co., 426 U.S. 148 (1976). · cites it 6× “§ 5198 (1878), 12 U. S. C. § 94 . That section provides that "[a]ctions and proceedings against any [national banking] association under this chapter may be had in any district or Territorial court of the United States held within the district in which such association may be…”
Firstar Bank, N.A., a Nat'l Banking Ass'n v. Lawrence J. Faul & Faul Chevrolet, Inc., an Illinois Corp., 253 F.3d 982 (1st Cir. 2001). · cites it 7× “2d 218 (1977) held that a bank was “located” wherever it had a branch for purposes of a prior version of the venue statute for national banks, 12 U.S.C. § 94 (amended 1982). This holding of Bougas *987 should be used to interpret “located” in 28 U.”
Mercantile Nat. Bank at Dallas v. Langdeau, 371 U.S. 555 (1963). · cites it 10× “§ 5198 (1878), 12 U. S. C. § 94 , which provides: "Actions and proceedings against any association under this chapter may be had in any district or Territorial court of the United States held within the district in which such association may be established, or in any State,…”
Wachovia Bank, Nat'l Ass'n v. Schmidt, 546 U.S. 303 (2006). · cites it 3× “35 (1977), this Court interpreted the term “located” in the former venue statute for national banks, see 12 U. S. C. § 94 (1976 ed.), as encompassing any county in which a bank maintains a branch office.”
Michigan Nat'l Bank v. Robertson, 372 U.S. 591 (1963). · cites it 14× “[1] Petitioner claimed that it could not be sued in Nebraska because of 12 U. S. C. § 94 [2] and that 12 U. S. C.”
Citizens & S. Nat'l Bank v. Bougas, 434 U.S. 35 (1977). · cites it 6× “§ 5198, 12 U. S. C. § 94 : "Actions and proceedings against any association under this chapter may be had in any district or Territorial court of the United States held within the district in which such association may be established, or in any State, county, or municipal court…”
Marquette Nat'l Bank of Minneapolis v. First of Omaha Serv. Corp., 439 U.S. 299 (1978). · cites it 4× “§ 5198, 12 U. S. C. § 94 , states: “Suits, actions and proceedings against any association under this chapter may be had in any district.”
In Re Falstaff Brewing Corp. Antitrust Litig., 434 F. Supp. 1225 (J.P.M.L. 1977). · cites it 12× “The national banks were originally named as defendants in the California antitrust and securities actions but were dismissed under the venue provision of the National Bank Act, 12 U.S.C. § 94 . The plaintiffs subsequently filed antitrust complaints virtually identical to the one…”
Murphy v. First Nat'l Bank of Chicago, 228 N.W.2d 372 (Iowa 1975). · cites it 17× “In so specially appearing, the Omaha and Chicago banks relied exclusively on the provisions of 12 U.S.C.A. § 94 , which provides as follows: “Actions and proceedings against any association under this chapter may be had in any district or Territorial court of the United States…”
In Re Investors Funding Corp. of New York Sec. Litig., 437 F. Supp. 1199 (J.P.M.L. 1977). · cites it 10× “These four national banks were originally among the fifteen banks named as defendants in Bloor, but each of the four have since been dismissed or have made motions for dismissal from that action under the venue provision of the National Bank Act, 12 U.S.C. § 94 . The original…”
Thomasson v. AmSouth Bank, N.A., 59 B.R. 997 (N.D. Ala. 1986). · cites it 5× “Compare 12 U.S.C. § 94 and 28 U.S.C. § 1409 . See Matter of Chuck Harrison Dodge, Inc.”
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