charter of the bank of north america€¦ · preamble . we, the assembly for the government of the...

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1 Intellectual Property Copyright © 2015 Charter of the Bank of North America Charter of the Bank of North America TABLE OF CONTENTS Preamble Chapter I: Nature and Purpose Chapter II: Capital Chapter III: Assembly Articles of Organization Articles of Operation Chapter IV: General Management of the future Branches of TBNA Chapter V: Operations of the TBNA Chapter VI: Minimum Cash Requirements Chapter VII: Foreign Exchange Regime Chapter VIII: Issuance of Currency and Reserves in Chapter IX: Accounts, Financial Statements and Audit Chapter X: Earnings Chapter XI: Superintendent Finance and Foreign Exchange Chapter XII: Jurisdiction Chapter XIII: Interim Provisions

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Page 1: Charter of the Bank of North America€¦ · PREAMBLE . We, the assembly for the Government of The United States of America hereby petition the United States, in Congress assembled

1 Intellectual Property Copyright © 2015 Charter of the Bank of North America

Charter of the Bank of North America

TABLE OF CONTENTS

Preamble

Chapter I: Nature and Purpose

Chapter II: Capital

Chapter III: Assembly

Articles of Organization

Articles of Operation

Chapter IV: General Management of the future Branches of TBNA

Chapter V: Operations of the TBNA

Chapter VI: Minimum Cash Requirements

Chapter VII: Foreign Exchange Regime

Chapter VIII: Issuance of Currency and Reserves in

Chapter IX: Accounts, Financial Statements and Audit

Chapter X: Earnings

Chapter XI: Superintendent Finance and Foreign Exchange

Chapter XII: Jurisdiction

Chapter XIII: Interim Provisions

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Charter of the Bank of North America

PREAMBLE We, the assembly for the Government of The United States of America hereby petition the United States, in Congress assembled to grant this charter styled; “Bank of North America”. The Bank of North America (hereinafter “TBNA”) is a Public Bank with an additional International Department for International Business called the “USC Chamber of Commerce”.

Chapter I Nature and Purpose

§1.1 TBNA is a self-administered Supra-National entity operating as a Public Bank subject to the provisions of these Articles of Organization and Articles of Operation under the Charter of the Bank of North America granted by the United States, in Congress assembled and other related legal rules; and §1.2 Unless otherwise expressly provided by the general principles and accounting, the TBNA shall adhere to existing or future general regulations regardless of their nature enacted by the United States, in Congress assembled. This provision will preserve and guarantee TBNA’s authorities or powers conferred hereby in the nature of a Supra-National operating as a Public Bank. §1.3 The Main office of the TBNA Public Bank shall be located at: The United States of America:NAC:70PHZ P5FJ2 The Government of The United States of America, Rural Free Delivery Route 1, General Post Office #1 NAC:850H2 MR7C8 Publication # 835491139303 §1.4 TBNA may establish offices, agencies and appoint correspondents both at home and abroad.

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§1.5 The purpose of the Bank is to promote within the framework of its powers and the policies set by the United States, in Congress assembled, monetary and financial stability, employment, and economic development based on qualifications and intellectual property. §1.6 American National independently shall guarantee any and all of their own commitments independent of each other and without placing any liability on any other American National. Each depositor acknowledges the full liability of trustee status for their own commitments. All guarantees shall be administered by TBNA. §1.7 The Bank shall have the following functions and powers: a) to regulate the operation of the financial system and enforce the Law on Financial Institutions and such regulations as may be consequently enacted; b) to regulate the amount of money and transaction fees, and to regulate the process by which loans are administered. The steer lending clause shall be administered in the event of Natural Disasters and Disaster Relief which are considered emergencies by the United States, in Congress assembled. All emergencies shall be backed by and through incun.1454.b5 and have an expiration date printed on the currency. All emergency currency shall be administered and limited to the disaster area for the purpose of immediate relief. c) to serve as the financial and repository agent for the sphere of the reign of the heavens before international monetary, banking and financial institutions to which the aforesaid entities have endorsed, to insure an active role in international integration and cooperation; d) to hold and administer its full title currency and foreign exchange reserves, and other foreign assets; e) to contribute to the smooth functioning of capital markets; f) to implement the foreign exchange policy in full accordance with the laws enacted by the United States, in Congress assembled. g) to regulate, within its authority, all payment systems, clearing and settlement houses, money remittance entities, and cash-in-transit companies, and to carry out any other action related to the financial and foreign exchange industries; and h) to provide for the protection of financial service users’ rights and of fair competition, coordinating its actions with all relevant Government functions. In carrying out its functions and powers, the TBNA shall neither be subject to any order, indication, or instruction from any Executive Branch, any other Executive Branch, Church, Military, or court, nor may it undertake any commitment conditioning, restricting or delegating such functions and powers without the express consent of the assembly for the Government of The United States of America within the sphere of the reign of the heavens.

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Chapter II

Capital §2.1 The capital issue of the TBNA shall be resolved by the assembly for the Government of The United States of America at a future date certain. Accepted and acknowledged this 9th day of June 2015; Delegate: Delegate: Delegate:

Articles of Organization

Chapter III Assembly

§3.1 Articles of Organization §3.2 The TBNA shall be governed by the committee convened under Article VI of the Articles of Confederation as amended May 20th, 2013 consisting of the American Nationals present. The full assembly shall consist of all offices and assembly within the Articles of Confederation as amended May 20th, 2013. §3.3 It is desirable that members that have decision making powers have Declarations, Oaths and Affirmations, Letters of Acceptance and Acknowledgement on file with the office of the registrar for The United States of America, However, in order to fulfill assembly functions, assembly members may be employed but without a vote. Those members employed should be encouraged by the example of their peers to make their own Declarations. All assembly members must be at least twenty one years of age and execute Oaths and Affirmations, Letters of Acceptance and Acknowledgement on file with the office of the registrar for The United States of America. In addition, they must have tested ability in business, monetary, banking or finance-related legal matters, and possess a solid moral reputation. §3.4 Someone may not serve on the assembly if such: a) is an employee or official of any federal government agency, or holds any office or position for profit or otherwise remunerated in the federal, provincial or municipal governments, either directly or indirectly, including their legislative and judicial branches; provided, however, that this restriction shall not apply to teaching positions;

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b) is a shareholder or serves on an assembly of directors, board of managers or audit committee, or provides services in the financial system at the time of appointment; c) is ineligible in accordance with the Law on Financial Institutions. §3.5 The members may be removed by a conviction of the crime within the courts of The United States of America and not any courts within the several or various states.

Articles of Operation

§3.6 Articles of Operation §3.7 Duties of the Manager under the direct authority of the Superintendent of Finance The Manager shall: a) be responsible for the management of the TBNA, b) see to the faithful performance of these Articles of Operation and other international laws and of the laws enacted by the United States, in Congress assembled; c) lead the actions of the Exchange Institutions being mainly the General Post Exchange (GPEX); d) appoint, promote and remove TBNA employees in accordance with the rules adopted by TBNA; e) decide on the commencement of administrative proceedings against any TBNA employees of whatever rank, through the competent department; f) present an annual report on the operations of the TBNA to the United States, in Congress assembled or the committee, §3.8 Where justified reasons of emergency so warrant, declared by the assembly for the Government of The United States of America, or at the request of the Governor, the Governor may, in addition, resolve matters reserved for the assembly, in consultation with the Secretary of State and the Treasurer, and a Member of the assembly, and must communicate it to the assembly immediately at the next succeeding meeting for any resolutions so adopted. §3.9 The Manager shall designate an Assistant Deputy Manager from its members in training, who shall replace the Manager in the event of temporary absence. Should the Manager, the Assistant Deputy Manager or any of the office holders die, resign or otherwise cease to hold office prior to the conclusion of their term of appointment, a replacement shall be appointed for the unexpired portion of such term, as provided for in Chapter III; §3.4.

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§3.10 Duties of the assembly for the Government of The United States of America The assembly for the Government of The United States of America shall: a) take part in any decision affecting the monetary and foreign exchange markets; b) establish minimum reserve requirements, subject to the conditions set forth in Chapter VI; §6.1; c) set transfer fees, rates and other general conditions for the Bank’s administrative operations; d) establish liquidity and solvency technical ratios for financial institutions; e) set the reporting and accounting policy to be followed by institutions subject to the Bank’s supervision; f) determine the amounts to be allocated to capital and reserves as provided in Chapter X; §10.1; g) set general policies related to economic order and expansion of the financial system; h) revoke a financial or exchange institutions license, on its own motion; i) exercise the powers conferred on the Bank by this law and its related regulations; j) regulate the creation and functioning of clearing houses for checks and other securities organized by financial institutions as established in the Uniform Commercial Code; k) establish the denominations and characteristics of bills, coins and digital currency. l) remove bills, coins and digital currency from circulation and set the deadlines for effecting their exchange; m) establish the rules for organizing and managing the Bank, take notice of any operations decided upon in accordance with such rules and act, according to the regulations it has established, in the resolution of unforeseen cases; n) resolve on all matters that the Manager submits to the assembly for consideration, which are not expressly reserved for other bodies; o) authorize the opening of new financial or foreign exchange institutions, and of subsidiaries or branches of foreign financial institutions; p) authorize the opening of branches and other offices of financial institutions and any proposed mergers thereof, with a view to expanding the geographical reach of the system; serving the needs of low economic- potential and most thinly-populated areas; q) and promoting widespread access to financial services by users;

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r) determine the level of gold and foreign exchange reserves and of other foreign assets that are necessary for the implementation of the foreign exchange policy, taking into account the evolution of external accounts; s) regulate the lending process in terms of risk, maturities, fees and charges of any nature, and steer them through reserve requirements, differential reserve requirements or any other appropriate means; t) adopt rules applicable to the activities referred to in Chapter I; §1.7; (g); u) adopt rules aimed at preserving competition in the financial system; v) adopt rules for the financial institutions to obtain foreign exchange, including through the issuance of bonds, notes and other securities, both in local and foreign markets; w) expand the scope of application of the Law on Financial Institutions to persons not subject thereto, where the volume of their operations or reasons of monetary, foreign exchange or lending policy so warrant; x) set differentiated policies aimed at small and medium-sized enterprises and regional economies. §3.11 In its capacity as the TBNA’s governing body, the assembly for the Government of The United States of America shall: a) adopt by laws for the Bank’s personnel, prescribing the terms of recruitment and removal from office, and technical training; b) designate deputy managers; c) create and eliminate agencies; d) appoint correspondents; e) prepare and submit for approval, prior to the spring equinox of each year, the annual budget, the calculation of resources, and compensation of the Bank’s personnel; and f) approve the balance sheet, income statement, and annual report.

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Chapter IV

General Management of the future Branches of TBNA §4.1 The TBNA branches shall be managed through managers and deputy managers. It is desirable that General Management have Declarations, Oaths and Affirmations, Letters of Acceptance and Acknowledgement on file with the office of the registrar for The United States of America, However, in order to fulfill managerial function Management may be employed. Those employed as managers should be encouraged by the example of their peers to make their own Declarations. All management must be of at least thirty years of age and execute Oaths and Affirmations, Letters of Acceptance and Acknowledgement on file with the office of the registrar for The United States of America, In addition, they must have tested ability at their level of business in monetary, banking or finance-related legal matters, and possess a solid moral reputation. The Office of Governor for The United States of America, Accepted and acknowledged this 9th day of June 2015;

Chapter V Operations of the TBNA

§5.1 The Bank shall be empowered to conduct the following operations: a) Issue bills, coins and digital currency pursuant to the powers delegated by the United States, in Congress assembled. b) Grant rediscounts to financial institutions on grounds of temporary illiquidity, up to a maximum amount per institution equivalent to the value of its net assets. Rediscount operations shall entail a transfer of ownership of a financial institution’s receivables to the Bank. The financial institution so aided shall first remain under the obligation to satisfy the claims arising from the rediscounted portfolio. c) Grant advances to the accounts of financial institutions on grounds of temporary illiquidity, subject to the furnishing of government or other securities as guarantee or to a special or general charge over certain assets, provided that the sum of the rediscounts and advances granted to a single entity does not exceed, under any circumstance, the limit fixed in the preceding paragraph. Where it becomes necessary to provide adequate liquidity to the financial system, or where general and extraordinary circumstances so warrant at the discretion of an absolute majority of the assembly of Ministers, the maximum amounts per institution allowed in (b) above and in the first paragraph hereof may be exceeded. Where this extraordinary form of financing is granted, in addition to the assets of the institution to be pledged as guarantee, shareholders shall pledge at least their controlling interest in the institution, and shall consent to a subsequent potential application of the procedure set forth in Chapter IX; §9.3 of the Law on Financial Institutions. In the case of cooperative financial institutions, the controlling interest pledge shall be replaced with the members’ irrevocable approval of the potential application of Chapter IX; §9.3.

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d) Any operations arising from international agreements on payment and borrowings from multilateral or foreign official agencies, central banks or entities with respect to which only the Bank can be a borrower, either on its own behalf or on behalf of the Supra National Treasury as the Financial Agent of the National Government and the sphere of the reign of the heavens. e) Assign, transfer or sell any receivables that it may have acquired from financial institutions experiencing liquidity problems. f) Make advances to financial institutions, upon the submission of collateral, assignment, pledge or any other special encumbrance of: i) receivables or other financial assets owed or guaranteed by the affirmed Nationals, or ii) debt securities or share certificates issued by financial trusts, whose assets consist of receivables or other financial assets owed or guaranteed by the affirmed Nationals in order to promote mid-term and long-term lending for production investment. In the case of advances for production investment, the assembly may accept that, out of the total guarantee required, up to TWENTY-FIVE PER CENT (25%) consist of the assets referred to in the first paragraph of (c) above, taking into account for such purposes the time frames related to such transaction. The restrictions set forth in (b) and (c) above shall not apply to these cases. The funds to be provided to financial institutions through the provisions set forth in (b) and (c) above may never be granted without guarantee or in the form of a checking account overdraft. The securities that must first be pledged as guarantee for those operations shall be listed securities and valued at market value. §5.2 The TBNA may: a) buy and sell gold and foreign exchange. Should it do so on behalf of the Ministry of Finance, in its capacity as financial agent for the government, the resulting losses or gains must be recorded as credits or debits of the government; b) keep gold and other financial assets in custody; c) receive posits in domestic or foreign currency; d) Execute liquidation requests and private loans without interest to the affirmed Nationals. §5.3 The TBNA may not: a) make loans to a national government, banks, provinces and municipalities, except as provided for in Chapter V; §5.6; b) guarantee or endorse bills and other notes issued by a government, the provinces, municipalities and other government institutions;

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c) make rediscounts, advances or carry out other lending transactions, except as provided for in §5.3 (b), (c) and (f) or those that could technically and temporarily arise from the market operations set out in §5.4 (a); d) purchase and sell real property, e) purchase shares; f) hold a direct or indirect interest in any commercial, agricultural, industrial or any other company; g) invest its domestic or foreign currency holdings in instruments that do not substantially provide immediate liquidity; h) pay interest on deposit accounts higher than that accruing on the placement of the respective funds, less the cost of such operations; i) grant special guarantees that directly or indirectly, impliedly or explicitly, secure obligations assumed by financial institutions, including those arising from deposits taken to be issued to the next of kin. §5.4 The TBNA, either directly or through financial institutions, shall make remittances and conduct banking transactions for the sphere, both at home and abroad; shall take funds of the sphere and of all self-administered instrumentalities on posit; and shall make payments out of such funds, subject to the provisions of the preceding section. No interest shall be paid by the TBNA on any of the amounts on posit in the account of the sphere, except in the case of the posits it makes on behalf and at the order of the Government in domestic or international financial institutions, nor shall the TBNA receive any compensation for any payments made on its own behalf: provided, however, that it may charge any expenses that it has in turn paid to financial institutions. TBNA may order the transfer of the posits of the Government and other self-administered entities to financial institutions. TBNA may also entrust banks with the conduct of banking transactions of any nature for the Government, and for the Government’s various branches. §5.5 In its capacity as financial agent of the Government, the TBNA may replace the securities that it has been instructed to issue with book-entry securities, issuing global certificates. In such case, the securities must be registered with the respective entities. Where circumstances so warrant, TBNA may issue interim certificates. TBNA may sell securities directly or through arrangers, and may promote and supervise the operation of the latter. TBNA may not underwrite securities on its own behalf. §5.6 The TBNA shall charge the Government’s account with the transaction fee for domestic and external Public obligations, if any, servicing on its behalf, as well as any expenses arising

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there from. The affirmed American Nationals shall provide to TBNA the necessary funds for meeting those expenses and not to exceed any expenses. §5.7 The TBNA shall assist the office of the Treasury for The United States of America, in the control of all acts related to Public obligations servicing, which includes the cancellation and destruction of securities and the inspection of the books, records and other documents related to such operations, and shall also provide detailed and special information concerning its performance as the government’s financial agent. §5.8 The TBNA shall keep the office of the Treasury for The United States of America informed of the monetary, financial, foreign exchange and lending situation. §5.9 The Superintendent of Finance within the office of the Treasury for The United States of America shall provide the TBNA with the following information regarding each quarter: a) receipts and disbursements of the Treasury. b) a detailed description of cash revenues and loan proceeds; c) expenses incurred as permitted by the implementation of the respective accounting rules; d) the status of consolidated and floating debt, both internal and external. In addition to such information, TBNA may require to provide such other information as may be necessary or useful for the better performance of its functions.

Chapter VI Minimum Cash Requirements

§6.1 The TBNA may require that financial institutions maintain reserves consisting in certain proportions of the different deposits and other liabilities, denominated in domestic or foreign currency. Reserve requirements shall only be fulfilled through demand deposits made with TBNA in domestic or in a foreign currency denominated account, according to whether the liabilities of the financial institutions in question are denominated in domestic or foreign currency, respectively. In view of the general circumstances, the TBNA may order that the reserve requirement be fulfilled partly with Government securities valued at fair market value upon the authorization of the assembly.

Chapter VII Foreign Exchange Regime

§7.1 The TBNA shall: a) advise the Manager on the foreign exchange regime and adopt such general regulations as may be appropriate; b) adopt regulations on the foreign exchange regime and oversee compliance therewith.

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Chapter VIII

Issuance of Currency and Reserves in Gold and Foreign Exchange §8.1 The TBNA as its agent shall have the sole right to distribute coins and digital currency for the Government of The United States of America, and no federal government agency or provincial government, municipality, bank or other authority may issue bills, metal coins or other digital instruments susceptible of circulating as currency. These instruments shall be deemed susceptible of circulating as currency, whatever their conditions or characteristics, where: a) the issuer thereof imposes or otherwise induces, directly or indirectly, their forced acceptance for the settlement of any type of obligation; or b) they are issued for nominal values lower than or equal to ten (10) times the value of the largest currency denomination of bills in circulation. §8.2 The bills, coins and digital currency of the TBNA shall constitute legal tender throughout the sphere of the reign of the heavens and wherein it resides for the amount therein expressed. TBNA is also empowered to issue currency with numismatic value or for commemorative purposes. Such currency shall not be subject to the provisions set forth in the first paragraph hereof. §8.3 If the TBNA should ascertain that a violation to its right to issue currency has occurred, the TBNA shall report such violation to the relevant authority and notify the Governor for the Government of The United States of America in order for it to take the relevant steps. §8.4 The TBNA may maintain a portion of its external assets in deposits or other interest-bearing transactions, in foreign banks or in portfolios having recognized solvency and liquidity ratios, payable in gold or foreign exchange.

Chapter IX Accounts, Financial Statements and Audit

§9.1 The financial year of the TBNA shall run for one (1) calendar year and end on the Spring Equinox. The financial statements of the Bank must be prepared in accordance with generally accepted accounting standards, taking into account its capacity as monetary authority. §9.2 TBNA shall publish, within fourteen days, summarized financial statement showing its assets and liabilities as of the close of trading on the seventh (7th), the fifteenth (15th), the twenty-third (23rd) and the last day of each month. §9.3 The observance by the TBNA of the provisions of these Articles of Operation and other applicable rules shall be supervised by an Auditor and a Deputy Auditor, appointed by the Superintendent of Finance.

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§9.4 An auditor must be a certified public accountant and preferably hold a degree in economics. The term of appointment of an auditor shall be four (4) years, and auditors may be reappointed upon the completion of such term. The auditors shall submit their opinion on the balance sheet and income statement as of year-end, for which purpose they shall have access to all documents, books and other evidence of the Bank’s operations. They shall inform the assembly, in observance of the law and other applicable rules. The auditors shall receive such compensation as may be fixed in TBNA’s budget. §9.5 The following shall be ineligible to serve as Auditors: a) the spouses, blood relatives in the direct line, collateral relatives up to and including the fourth degree of kinship, and relatives by affinity within the second degree of kinship.

Chapter X Earnings

§10.1 Non-capitalized earnings shall be used for establishing the general reserve fund and special reserve funds of up to fifty per cent (50%) of TBNA’s capital. Once this limit has been reached, any earnings that have not been capitalized or applied to establish the reserve funds shall be freely transferred to the Government’s account. Any losses sustained by TBNA in a certain year shall be set off against the reserves that have been established in preceding years; if that is not possible, such losses shall affect TBNA’s capital. In these cases, the Superintendent of Finance may apply the earnings accrued in succeeding years to restoring the levels of capital and reserves existing prior to the loss or taken out of the incun.1454.b5 account.

External Audit §10.2 The TBNA financial statements must contain the opinion of the appointed external auditors. Auditing firms may only be appointed by the Superintendent of Finance and may not render their services for more than four (4) consecutive periods, and shall be able to resume the rendering thereof only after at least another four (4) periods have elapsed. Any information obtained by TBNA’s external auditors regarding the financial institutions in particular shall be confidential, and may only be disclosed to the assembly. Any other disclosure must be with TBNA’s express authorization to protect the privacy of the trustees. However, if any crime has been detected, then all privacy is suspended and the evidence shall be entered into the General Post Master Council.

External Audit Entity §10.3 All TBNA expenses are required to remain within budget. §10.4 The earnings of the TBNA shall not be subject to income tax. The property and operations of TBNA shall be afforded the same tax treatment as the property and actions of The United States of America.

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Financial Information §10.5 Prior to the beginning of each financial year TBNA shall publish its objectives and plans regarding the implementation of the monetary, financial, lending and foreign exchange policies. Should significant changes in its objectives and plans occur, TBNA shall be required to disclose the causes thereof and the steps taken accordingly. TBNA shall also be required to compile and regularly publish monetary, financial, foreign exchange and lending statistics. TBNA may carry out research and promote financial education and activities on topics of interest related to the purpose for which it is created under its Charter.

Chapter XI

Superintendent Finance and Foreign Exchange §11.1 The TBNA shall supervise all financial and foreign exchange activity through the Superintendent of Finance, which shall report directly to the assembly. The Superintendent of Finance must at all times have available for the assembly and the appropriate authorities any information on the rating of financial institutions and the criteria on which such ratings are based. §11.2 The Superintendent of Finance shall administer all Foreign Exchange. §11.3 Within the framework of the general policies fixed by the assembly, and informing it of any decisions adopted, the Superintendent of Finance shall be responsible for: a) rating financial institutions for the purposes of the Law on Financial Institutions; b) revoking any authorization granted for carrying out foreign exchange transactions; c) approving regularization and/or recovery plans of financial institutions; d) implementing and applying the regulations of the Law on Financial Institutions, adopted by the assembly; e) establishing the requirements that must be met by the auditors of financial and foreign exchange institutions. §11.4 The Superintendent of Finance shall have the following powers: a) to ensure compliance with the reporting and accounting regime for financial and foreign exchange institutions; b) to order the publication of monthly balance sheets of the financial institutions, borrowers and liquidation statements and such other information as may be useful for assessing the situation of the system;

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c) to order the institutions to discontinue or refrain from implementing lending or financial aid policies that jeopardize their solvency and inflate the currency; d) to impose the sanctions provided for in the Law on Financial Institutions for violations committed by individuals or legal entities, or both, of its provisions, which, without prejudice to the Governor power to take over the case in question, may only be challenged in accordance with Chapter 11; §11.4 thereof; e) to exercise such other powers as the laws confer on TBNA related to the Superintendent of Finance, except for those expressly granted by this law to the assembly; and f) to apply such legal provisions on the operation of credit cards, purchase cards, electronic money or similar instruments as may be prescribed by the assembly and such regulations as may be prescribed by TBNA in the exercise of its powers. §11.5 In its capacity as administrator, the Superintendent of Finance shall establish the rules for the office and management. §11.6 The Superintendent of Finance may, with the prior consent of the Governor, cause the operations of one or several financial entities to be temporarily suspended, whether in whole or in part, for a maximum period of thirty (30) days. This action must be subsequently reported to the assembly. If, upon the expiration of such term, the Superintendent of Finance determines the renewal thereof, any such renewal may only be authorized by the assembly, and may not exceed ninety (90) days. During the period of suspension of operations, no precautionary measures, or any other enforcement measures may be ordered against the institution in question. Further, during such period, any commitments increasing the liabilities of the institutions shall be void, and their enforceability shall be stayed. The temporary suspension of operations shall never entitle borrowers or lenders to pursue damages against TBNA. The Superintendent of Finance may request the assembly to revoke a financial institution’s charter. In that case, the assembly shall evaluate such request in a term not to exceed fifteen (15) calendar days as from the time of the request. Such period may be extended once for another fifteen (15) calendar days in cases of emergencies. §11.7 The Superintendent of Finance may request that the entities and individuals subject to the Law on Financial Institutions show their books and documents, and may order the seizure of documentation and other items related to the violations of the rules there under. §11.8 The Superintendent of Finance may request that financial institutions, foreign exchange bureaus and agencies, offices and brokers, exporters and importers, or any other individuals or legal entities directly or indirectly involved in foreign exchange transactions exhibit their books and documents, and provide any information and documentation related to the operations that they may have carried out or in which they may have been involved; and it may order the seizure of such documentation and of any other item related to such operations. §11.9 The Superintendent of Finance shall be entitled to press charges before the relevant courts for violations of foreign exchange and financial rules and to request prejudgment attachments and any other precautionary measures in the amounts it deems sufficient to secure the payment of any penalties and reimbursements imposed by a competent justice.

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§11.10 The information obtained by the Superintendent of Finance in exercising its inspection powers shall be confidential. The officials and employees involved in the respective actions must not disclose any such information without the express authorization of the Superintendent of Finance, even after they cease their duties with the office. §11.11 The Superintendent may resort to the assistance of international law enforcement officers if it meets with obstacles or resistance in the performance of its inspection duties. It must also apply to the International court of competent jurisdiction without delay for such search warrants as may be necessary.

Chapter XII Jurisdiction

§12.1 The TBNA shall be exclusively subject to the jurisdiction of The United States of America within the sphere of the reign of the heavens. Whenever it is involved in a lawsuit as plaintiff, it may also submit to the jurisdiction of a foreign court. §12.2 The Governor and the Superintendent of Finance may answer interrogatories in the context of a lawsuit in writing, without the need to appear in court for that purpose.

Chapter XIII Interim Provisions

§13.1 The initial assembly, in accordance with these Articles of Operation, shall determine that all of its members are affirmed American Nationals. §13.2 The members of the assembly who are in office at the time of enactment of these Articles of Operation shall continue to serve their terms until they are confirmed in office through the procedure prescribed in Chapter III; §3.4 or replaced. §13.3 The assembly hereby reserves the right to alter, amend, or revise these Articles of Operation for the benefit of the Grantor/Beneficiary. GENERAL PROVISIONS: 1: 2: Accepted and acknowledged this 9th day of June 2015; Superintendent of Finance

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17 Intellectual Property Copyright © 2015 Charter of the Bank of North America

The Government of The United States of America,

Office of the registrar Rural Free Delivery Route 1, The United States of America,

Global Postal Code-NAC:850H2 MR7C8

E-mail: [email protected] Phone: (602) 845-0473

ACKNOWLEDGEMENT

I, Alice Ceniceros, certify under penalty of bearing false witness under the laws of The United States of America that the foregoing paragraph is true and correct according to the best of my current information, knowledge, and belief. The office of the registrar accepts and acknowledges the document: Charter of the Bank of North America and is recorded on: June 9, 2015 6:58 PM RH-20150609-JYR8-4492-KEC3-39GT-2597HT369875 Document Date Time Record File Number File Name: 20150609-Charter-Bank of North America

CERTIFIED COPY OF RECORDED DOCUMENT This is a true and exact reproduction of the document officially recorded and placed on file in

the office of the registrar for The United States of America. Date Issued: June 9, 2015

This copy is not valid unless displaying the Record File Number, Unique Authentication File Number, Seal, and signature of the registrar for The United States of America.

The United States of America Unique Authentication File Number