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BANKS AND TRUST COMPANIES 407
have power to require such changes in said certificate as he may deem
necessary. He shall within sixty days after the date of the filing of such
certificate for examination, endorse upon each of the triplicates thereof
over his official signature, the word "approved" or the word "refused"
with the date of such endorsement. In case of refusal he shall return one
of the triplicates so endorsed to the proposed incorporators. In case of
approval, the triplicates shall be returned to the proposed incorporators,
and shall then be submitted to one of the Judges of the Judicial Circuit
in which the bank is to be located in order that he may determine whether
said Articles are framed in accordance with existing laws. One copy shall
then be filed for record in the office of the Clerk of the Circuit Court in the
County in which the Bank is to be located, or in the office of the Clerk of
the Superior Court of Baltimore .City, when to be located in said city, and
one copy shall be filed with the Bank Commissioner, who shall issue his
certificate therefor, and one copy shall be filed with the State Tax Com-
mission. The corporation so formed shall have no legal existence until all
copies of the articles of association have been filed for record as herein
directed. The fee for filing such articles of incorporation with the Bank
Commissioner shall be Ten ($10.00) Dollars, and for filing amendments
to the articles of incorporation Five ($5.00) Dollars, all such fees to be col-
lected by the Bank Commissioner.
Fact that this section does not apply to private banks or to establishment of branch
banks by existing corporations, does not render it invalid; reasonable classification.
This section supplies sufficiently definite standards for approving or refusing charter.
Arbitrary disregard of facts. Opportunity to be heard. When commissioner's action
not subject to review. Weer v. Page, 155 Md. 89 (cf. dissenting opinion).
An. Code, 1924, sec. 23. 1912, sec. 23. 1910, ch. 219, sec. 23 (p. 12). 1918, ch. 33.
1924, ch. 429. 1931, ch. 429, sec. 23. 1939, ch. 309.
32. Upon making and filing of the articles of incorporation, and upon
the payment of the bonus and other taxes required by the laws of this State,
the bank shall become a body corporate and as such shall have the fol-
lowing powers:
First. To make all contracts necessary and proper to effect its purpose
and conduct its business.
Second. To sue and be sued, to appear and defend in all actions and pro-
ceedings under its corporate name to the same extent as a natural person.
Third. To have a common seal and to alter the same at pleasure.
Fourth. To elect or appoint all necessary officers, agents and servants,
define their duties and obligations, fix their compensation, dismiss them,
fill vacancies and require bonds.
Fifth. To make, amend and repeal by-laws and regulations, not incon-
sistent with law or its articles of organization, for its own government, for
the, orderly conduct of its affairs and the management of its property, for
determining the manner of calling and conducting its meetings, the tenure
of office of its several officers, and such other matters as shall be necessary
or convenient for the accomplishment of its purpose.
Sixth. To exercise, by its directors, duly authorized officers or agents,
all such powers as shall be usual in carrying on the business of banking;
by buying, discounting and negotiating promissory notes, bonds, drafts,
bills of exchange, foreign and domestic, and other evidences of debt; by
receiving deposits of money upon which interest may be paid; by buying
and selling coin and bullion; by buying and selling exchange, foreign and
domestic; by accepting for payment at a future date, drafts or bills of
exchange drawn upon it, having not more than six months to run, which
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