So important are all these functions of a bank to the interests of society that distinct provision is needed in the law of the land for establishing the bank and maintaining its efficiency. The double system of government in our country known as state and national leads to two classes of banks, called state or national according as they are organized under authority of state government or under national laws.
_State banks._--The independent laws of any state are supposed to provide such restrictions as the people desire for the management of banks. Any bank chartered by the state government is subject simply to the laws of the state pertaining to banks and is called a state bank, whatever the name under which it does business.
The laws of the different states vary indefinitely, but the essentials of a banking law quite recently established in one of the states may serve to illustrate the modern ideals as to safe, legitimate banking. Under this law a bank must be a corporation of not less than five persons who have subscribed for the entire stock and have paid at least 50 per cent of the value of this stock before beginning business, with provision for payment of 10 per cent each month until the whole of the capital stock is paid for in cash. Each stock-holder is individually liable to an amount equal to the value of his stock for any debts of the bank in excess of its original stock. Having settled upon a name distinct from all others, its application is made to a bank commissioner for a charter to do business in banking according to the laws of the state. Under the charter issued by the commissioner, the bank is required to be managed by a board of directors, from five to thirteen in number, which board elects the needed officers and appoints the necessary clerks. It cannot increase its capital except by fully paid stock, and can do no other kind of business, like buying and selling of goods and lands, or managing factories and railroads. It is authorized to receive deposits and make loans at interest not above legal rate, provided it keeps on hand available funds, including bank balances, amounting to 20 per cent of its total deposits, and never loans to one individual or firm more than 15 per cent of the paid up capital of the bank. A penalty of fine and imprisonment follows conviction of any officer for receiving deposits after general insolvency is known.