This condition of affairs has resulted in the devising of ways and
means of circumventing obnoxious laws and in some cases in practices
which are pernicious in themselves. As examples may be mentioned the
widespread practice of national banks, which are prohibited by law
from making loans on real estate security, of making loans to
customers who can offer no other collateral, on the security of their
personal notes only, or of making loans secured by real estate by a
three cornered operation utilizing a director or officer or some other
third party as intermediary. All three classes of institutions
compete in soliciting the savings deposits of the community, with the
result that the trust companies and savings banks, which often have
the advantage here, sometimes force upon their state and national bank
competitors a higher rate of interest on such deposits than they ought
to pay. The differing regulations in some places in force regarding
the amount that may be loaned to a single individual or firm has also
resulted in some cases in devious and uncommendable practices.
For the remedy of these conditions the first desideratum is the
careful differentiation of the various functions performed by all
these institutions, and the devising of appropriate legal and
administrative regulations for each one. These regulations should then
be incorporated into the legislation and the administrative practices
of the federal government and of each state, and any institution which
performs any of these functions should be obliged to submit to the
regulations pertaining thereto. The difficulties in the way of
securing such a differentiation of functions and such community of
action between the federal government and our states are too obvious
to require statement, but they should not prevent the formulation of
ideal conditions, and a conscious and persistent effort to attain
them.
(_b_) _Loan Operations._--In making loans, a typical method of
procedure for a business man is to arrange with a bank for what is
technically called a "line," that is, the maximum amount he may expect
to be able to borrow under normal conditions. This "line" determined,
he borrows from time to time according to his needs, giving as
security his personal note, payable in one, two, three, four, or six
months. Sometimes an indorser is required, and sometimes the deposit
of collateral, mortgages on real estate, bonds, stocks, and warehouse
receipts being the most commonly used securities employed in such
cases. Ordinarily, when a note falls due, he expects the bank to renew
it, if its payment at the time is not convenient, the agreement on a
"line of credit" ordinarily carrying with it that implication, though
not legally, probably not morally, binding the bank so to do. Indeed,
the customer ordinarily counts the amount of his "line" as a part of
his working capital and expects to keep it in use a large part, if not
all, of the time.
Public-domain text, read in full here on John Shaqi.
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