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Free Books / Finance / The Law Of Banks And Banking / | ![]() |
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Chapter II. Unauthorized Banking. Sec. 26. Scope Of The Subject |
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This section is from the book "The Law Of Banks And Banking", by John Maxcy Zane . Also available from Amazon: The law of banks and banking.
The act of banking maybe unauthorized for the reason that it is done by a person or corporation prohibited from doing the act. A private person, or a partnership of private persons, may be forbidden to carry on a banking business. A limited partnership may be forbidden from carrying on a banking business in a particular locality. In either case the act may be forbidden in one locality and may be lawful in another. A corporation may do unauthorized banking either because the act is forbidden by law, or because the corporation is not properly formed, or formed under an unconstitutional law, or because the act is beyond the powers granted to the corporation. The results of such acts of banking have a twofold aspect - one with reference to the civil liability, the other with reference to a criminal liability. The results of the act from a civil standpoint will vary with reference to the party by whom the objection is made. The act done as a corporate act may render the doers thereof personally liable in a civil action, or may expose them to a criminal prosecution. Difficulties may arise as the varying effect of diverse laws of different states. The subject is one full of difficulty, and it requires careful discrimination.
 
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