AB150-ASA,1827,1214
221.04
(1) (k) 1. Directly or indirectly, to acquire, place and operate, or
15participate in the acquisition, placement and operation of, at locations other than its
16main or branch offices, customer bank communications terminals, in accordance
17with rules established by the
commissioner division. The rules of the
commissioner 18division shall provide that any such customer bank communications terminal shall
19be available for use, on a nondiscriminatory basis, by any state or national bank
20which has its principal place of business in this state, by any other bank obtaining
21the consent of a state or national bank which has its principal place of business in
22this state and is using the terminal and by all customers designated by a bank using
23the terminal. This paragraph does not authorize a bank which has its principal place
24of business outside this state to conduct banking business in this state. The customer
25bank communications terminals also shall be available for use, on a
1nondiscriminatory basis, by any credit union, savings and loan association or savings
2bank, whose home office is located in this state, if the credit union, savings and loan
3association or savings bank requests to share its use, subject to rules jointly
4established by the
commissioner division of banking, the
commissioner office of
5credit unions and the
commissioner division of savings and loan. The rules of the
6commissioner division and the joint rules shall each prohibit any advertising with
7regard to a shared terminal which suggests or implies exclusive ownership or control
8of the shared terminal by any financial institution or group of financial institutions
9operating or participating in the operation of the terminal. The
commissioner 10division by order may authorize the installation and operation of a customer bank
11communications terminal in a mobile facility, after notice and hearing upon the
12proposed service stops of the mobile facility.
AB150-ASA,1827,2214
221.04
(1) (k) 3. If any person primarily engaged in the retail sale of goods or
15services owns or operates a customer bank communications terminal on such
16person's premises and allows access to such terminal by any financial institution,
17group of financial institutions, or their customers for any purpose or function nothing
18in this paragraph or in rules established by the
commissioner division shall, or shall
19be construed or interpreted to, require such person to accept any connection to or use
20of the customer bank communications terminal on its premises for any other purpose
21or function or to accept any connection to the terminal on its premises by any other
22financial institution.
AB150-ASA,1828,624
221.04
(1) (k) 4. If a person primarily engaged in the retail sale of goods or
25services owns or operates a customer bank communications terminal on such
1person's premises and allows access to the terminal by any financial institution,
2group of financial institutions or their customers for any purpose or function, no laws
3governing such institutions or rules established by the
commissioner division shall
4apply to such person other than those laws or rules directly related to the particular
5function performed by the terminal on such person's premises for a financial
6institution.
AB150-ASA, s. 6098
7Section
6098. 221.04 (1) (n) 1. (intro.) of the statutes is amended to read:
AB150-ASA,1828,188
221.04
(1) (n) 1. (intro.) Upon amendment of the articles of incorporation under
9s. 221.12 and obtaining, prior to the date which is 2 years after May 7, 1982, approval
10of the
commissioner division and the banking review board, to relocate the principal
11office of the bank to another place in the municipality in which the principal office
12is located on the date of the amendment, and to continue to operate the former
13principal office, or an office located within 1,500 feet of the boundary of the parcel of
14real estate occupied by the former principal office measured on a straight line
15connecting the 2 nearest points on the respective parcels of real estate, as a branch,
16notwithstanding par. (f), if all the services provided by the principal office are also
17provided by the branch, the branch is operated for at least 5 years after the date of
18relocation and the
commissioner division and the banking review board find that:
AB150-ASA, s. 6099
19Section
6099. 221.04 (1) (n) 3m. (intro.) of the statutes is amended to read:
AB150-ASA,1828,2420
221.04
(1) (n) 3m. (intro.) A branch office approved under this paragraph may
21not cease operations unless it has operated for at least 5 years and the
commissioner 22division and the banking review board have approved cessation. The
commissioner 23division may approve cessation only after holding a public hearing in the area served
24by the branch or principal office and considering all of the following:
AB150-ASA,1829,3
1221.04
(1) (n) 4. Any finding by the comptroller of currency which permits a
2national bank to operate a branch at a location which the
commissioner division finds
3does not meet the requirements of subds. 1. to 3. renders this paragraph void.
AB150-ASA,1829,105
221.04
(1) (p) To contract with one or more banks to provide banking and
6financially related products or services on its behalf to its customers or to establish
7a joint branch bank of the contracting banks. The contracting banks shall inform the
8commissioner division in writing of any contract entered into under this paragraph.
9The establishment of a joint branch bank is subject to the provisions for the
10establishment of a branch bank in par. (jm).
AB150-ASA,1829,1812
221.04
(1) (pm) To contract with a savings and loan association that is owned
13by a bank holding company which also owns the contracting bank, to provide banking
14and financially related products or services on its behalf to its customers. The
15savings and loan association shall be subject to regulation and examination by the
16commissioner division with regard to services performed under the contract to the
17same extent as if the services were being performed by the bank itself on its own
18premises.
AB150-ASA,1830,320
221.04
(3e) (a) Subject to review by the
commissioner of banking division under
21par. (b), a bank may, with the approval of its board of directors, purchase and hold
22capital stock of the federal home loan bank for the purpose of becoming a member
23of the federal home loan bank as provided in the federal home loan bank act,
12 USC
241421 to
1449. A bank that becomes a member may exercise borrowing privileges or
25use any other service offered to a member by the federal home loan bank if the
1privileges or service is not in conflict with the laws of this state. Without becoming
2a member, a bank may exercise deposit privileges and use other services offered to
3nonmembers by the federal home loan bank.
AB150-ASA,1830,155
221.04
(3e) (b) A bank that intends to become a member of the federal home
6loan bank shall give the
commissioner of banking
division written notice of its
7intention to apply for membership. The
commissioner
division may prohibit a bank
8from becoming a member if the bank's capital and undistributed surplus is less than
9the amount required for that bank or if the
commissioner division finds that the bank
10is in an unsafe or unsound condition. The
commissioner division shall have 30 days
11after the date on which the notice is received to issue a prohibition under this
12paragraph. The
commissioner division may extend the time for issuing a prohibition
13up to 30 additional days if the
commissioner division notifies the bank before the
14initial 30-day period expires that the
commissioner
division is extending the time
15limit.
AB150-ASA,1831,217
221.04
(4) (a) Any bank may, with the approval of the
commissioner of banking 18division, invest an amount not exceeding in the aggregate 15% of its paid-in capital
19stock and surplus in one or more corporations principally engaged in international
20or foreign banking, or banking in dependencies or insular possessions of the United
21States organized pursuant to ss. 611-631 of Title 12 of the United States Code, and
22any bank may also invest with the approval of the
commissioner of banking division 23an amount not exceeding in the aggregate 10% of its paid-in capital stock and
24surplus in the stock of one or more corporations principally engaged in international
25or foreign financial operations other than banking as well as such financial
1operations in dependencies or insular possessions of the United States organized
2pursuant to said ss. 611-631 of Title 12 of the United States Code.
AB150-ASA,1831,104
221.04
(4) (b) Any bank having loans secured by real estate mortgage may with
5the approval of the
commissioner of banking division sell all or any portion of them
6to the federal national mortgage association, or any successor thereof, and in
7connection therewith make payments of any capital contributions, required
8pursuant to law, in the nature of subscriptions for stock of the federal national
9mortgage association or any successor thereof, receive stock evidencing such capital
10contributions and hold or dispose of such stock.
AB150-ASA,1831,1712
221.04
(4h) Stock in bank-owned banks. Any bank holding company, subject
13to the limitations in s. 221.58 (7), or any bank may, with the approval of the
14commissioner division, acquire and hold stock in an aggregate amount not exceeding
1510% of its capital and surplus, in one or more banks chartered under s. 221.57 or in
16one or more bank holding companies wholly owning a bank chartered under s.
17221.57.
AB150-ASA,1831,2319
221.04
(4m) Stock in agricultural credit corporation. Any bank may invest,
20with the approval of the
commissioner of banking
division, in an agricultural credit
21corporation. Unless a bank owns at least 80% of the stock of the agricultural credit
22corporation, the amount which it invests in the corporation shall not exceed 20% of
23the bank's paid-in capital stock and surplus.
AB150-ASA,1832,13
1221.04
(5) (title)
Information to commissioner division; stock holdings.
2Every such bank investing in the capital stock of banks or corporations as provided
3herein shall be required to furnish information concerning the condition of such
4banks or corporations to the
commissioner division upon demand. If at any time the
5commissioner division shall ascertain or believe that any regulations prescribed by
6the
commissioner division with reference to such business are not being complied
7with,
said commissioner the division is hereby authorized and empowered to
8institute an investigation of the matter in order to satisfy the
commissioner division 9as to the actual nature of the transactions referred to. Should such investigation
10result in establishing the failure of the corporation in question, or of the bank or
11banks which may be stockholders therein, to comply with the regulations laid down
12by the
said commissioner division, such bank or banks may be required to dispose
13of stock holdings in said corporation upon reasonable notice.
AB150-ASA,1833,2515
221.04
(6) Trust powers. When thereto authorized by the
commissioner 16division, and if and after it shall have in good faith complied with all requirements
17of law and fulfilled all the conditions precedent to the exercise of such powers
18imposed by law upon trust company banks, any state bank may act as trustee,
19executor, administrator, registrar of stocks and bonds, guardian of estates, assignee,
20receiver, committee of estates of
lunatics persons who are mentally ill or
21developmentally disabled, and in any other fiduciary capacity in which trust
22company banks are permitted to act. Any state bank so authorized by the
23commissioner division shall comply with s. 223.02 before exercising such authority
24and shall be thereupon entitled to the same exemption as to making and filing any
25oath or giving any bond or security as is conferred on trust company banks by s.
1223.03 (8). With its application for permission to exercise fiduciary powers under
2this subsection, a state bank shall submit to the
commissioner division a fee of
3$1,000. In passing upon application for permission to exercise such fiduciary powers,
4the
commissioner division may take into consideration the amount of capital and
5surplus of the applying bank, whether or not such capital and surplus is sufficient
6under the circumstances, the needs of the community to be served, and any other
7facts and circumstances that
seem to him may be material, and may grant or refuse
8the application accordingly; provided, that no special authorization shall be issued
9to any such bank having a capital less than the capital from time to time required
10by law of a national bank exercising fiduciary power in the same place. If satisfied
11that such bank has in good faith complied with all the requirements of law and
12fulfilled all the conditions precedent to the exercise of such powers imposed by law,
13the
commissioner division may, within 6 months after the date on which the
14application of such bank was filed, issue
under his or her hand and official seal, in
15triplicate, a special authorization certificate to such bank. Such certificate shall
16state that the bank named therein has complied with the provisions of law applicable
17to banks exercising fiduciary powers, and is authorized to exercise the same. One
18of the triplicate special authorization certificates shall be transmitted by the
19commissioner division to the bank thereby authorized to exercise fiduciary powers;
20another shall be filed
and recorded in the office of the commissioner with the division,
21and the 3rd shall be recorded at the expense of such bank in the office of the register
22of deeds of the county in which such bank is located. In the conduct of its business
23under or in connection with such authorization to exercise fiduciary powers every
24bank so authorized shall comply with and be governed by all the provisions of law
25from time to time applicable to individuals acting in a similar capacity.
AB150-ASA,1834,92
221.04
(6m) Trust service offices. Any state bank exercising trust powers
3may, with the approval of the
commissioner of banking
division, establish and
4maintain a trust service office at any office in this state of any other state or national
5bank. Any state bank may, with the approval of the
commissioner division, permit
6any other state or national bank exercising trust powers or any trust company bank
7organized under ch. 223 to establish and maintain a trust service office at any of its
8banking offices. The establishment and operation of such trust service offices shall
9be subject to s. 223.07. This subsection does not authorize branch banking.
AB150-ASA,1834,2511
221.04
(7) Sale of U.S. bonds. Any state bank or trust company bank may, by
12resolution of its board of directors authorizing such action, act whenever designated
13by the secretary of the treasury of the United States or by any other instrumentality
14of the United States, as agent for said secretary of the treasury or other
15instrumentality of the United States in the sale of bonds or other obligations of the
16United States or in such other matters as said secretary of the treasury or other
17instrumentality of the United States may designate. Any of said institutions may
18enter into such contracts, incur such obligations or make such investment or pledge
19of its assets and generally do and perform all such acts and things whatsoever as may
20be necessary or appropriate in order to exercise the powers hereby granted.
21Provided, however, that any state bank or trust company bank may exercise such
22powers only upon express approval previously granted by the
commissioner of
23banking division, and in such manner and to such extent as the
commissioner 24division may approve, and with such limitations upon the exercise of those powers
25as the
commissioner division may impose.
AB150-ASA,1835,82
221.041
(5) Any bank may cause to be performed, by contract or otherwise, any
3bank services for itself, whether on or off its premises, provided assurances
4satisfactory to the
commissioner of banking division are furnished to the
5commissioner division by both the bank and the party performing the services that
6the performance thereof will be subject to regulation and examination by the
7commissioner division to the same extent as if such services were being performed
8by the bank itself on its own premises.
AB150-ASA,1835,1910
221.045
(1) Whenever the term "capital" as distinguished from the term
11"capital stock" is used in any law of this state relating to banking, it shall mean and
12include the capital stock and preferred stock of a bank and the outstanding capital
13notes and debentures legally issued and sold by such bank exclusive of Class "B"
14capital notes and debentures as classified by the
commissioner of banking division.
15The "capital" of any such bank may be deemed to be unimpaired when the amount
16of such capital notes and debentures as represented by cash or sound assets or the
17amount of such preferred stock, or both such notes and debentures and such
18preferred stock, equals or exceeds the impairment of the "capital stock" as found by
19the
commissioner division.
AB150-ASA,1835,2521
221.046
(1) Any state bank or trust company bank may by the action of its
22board of directors issue and sell its capital notes or debentures of one or more classes
23in the amount, in the form, with the maturity and conferring the rights and
24privileges upon the holders of them as the board determines, except that no issuance
25or sale may be made unless approved by the
commissioner of banking division.
AB150-ASA,1836,62
221.046
(2) Before any such capital notes or debentures are retired or paid by
3the bank, any existing deficiency of its capital, disregarding the notes and
4debentures to be retired, must be paid in cash or in assets acceptable to the
5commissioner of banking division, so that the sound capital assets shall at least equal
6the capital stock of the bank.
AB150-ASA,1836,9
8221.047 (title)
Banks may issue preferred stock; approval of
9commissioner; restrictions.
AB150-ASA,1836,2311
221.047
(1) Except as provided in sub. (2), any bank organized under the laws
12of this state may by provision in its original articles, or by amendment thereto,
13adopted by a two-thirds vote of the stock having voting power, upon not less than 10
14days' notice given by registered mail pursuant to action taken by the board of
15directors, and subject to the approval of the
commissioner division, issue preferred
16stock of one or more classes, in such amount and with such par value as may be
17approved by
said commissioner the division; provide subject to the approval of the
18commissioner division, for payment of dividends on such preferred stock at a
19specified rate before dividends are paid upon the capital stock; for the cumulation of
20such dividends; for a preference of such preferred stock over the capital stock in the
21distribution of the corporate assets; for the conversion of such preferred stock into
22capital stock; for the redemption of such preferred stock and for denying or
23restricting the voting power of such preferred stock.
AB150-ASA,1837,4
1221.047
(4) No change in relation to such preferred stock shall be made except
2by amendment to the articles adopted by a vote of two-thirds of the preferred stock
3and two-thirds of the capital stock, and subject to the approval of the
commissioner 4division.
AB150-ASA,1837,9
6221.05 Prohibition to transact business. No bank shall transact any
7business, except such as is incidental or necessarily preliminary to its organization
8until it has been regularly authorized by the
commissioner of banking division to
9commence the business of banking.
AB150-ASA,1837,19
11221.06 Authority to commence business. (intro.) Whenever, within a
12reasonable time as determined by the
commissioner of banking division from the
13date of the filing of the articles of incorporation, a bank organizing under this chapter
14has complied with all provisions of the law, and has adopted bylaws approved by the
15commissioner of banking division, and has provided itself with suitable banking
16quarters, and has supplied the necessary books, forms, stationery, furniture and
17equipment for the proper and orderly transaction of the business of banking, it shall
18give notice in writing to the
commissioner division that it is so prepared, and the
19commissioner division shall make or cause to be made an examination.
AB150-ASA,1838,321
221.06
(1) If such examination satisfies the
commissioner division that such
22bank has complied with all provisions of the law, that the stock subscriptions have
23been fully paid in lawful money, and it appears that such bank is lawfully entitled
24to commence business, the
commissioner division shall forthwith give such bank a
25certificate of authority
under the commissioner's hand and official seal that such
1bank is authorized to commence business. The certificate of authority to commence
2business shall constitute the charter of the bank and shall be given a charter number
3by the
commissioner division.
AB150-ASA,1838,105
221.06
(2) If the
commissioner division has reason to believe that the
6stockholders have formed the corporation for any other than the legitimate business
7contemplated by this chapter, or that any of the facts stated in the declaration are
8untrue, or that other reasons exist, which would make the opening of the bank
9injurious to the public interest, the
commissioner
division may, with the advice and
10consent of the attorney general, withhold the certificate herein mentioned.
AB150-ASA,1838,20
12221.07 Publication of certificate. The bank shall cause the certificate
13issued hereunder to be published as a class 1 notice, under ch. 985, in the city, village
14or town where the bank is located. Such notice shall be published within 15 days of
15the issuing of the certificate. Proof of publication shall be filed with the
commissioner
16of banking division. In the event of any bank failing to comply with the provisions
17of this section the
commissioner division shall cause the notice to be published and
18the bank shall be liable for the expense thereof, and in addition thereto such bank
19shall be subject to a penalty of $100, which amount shall be collected by the
20commissioner division, and when recovered shall be paid into the state treasury.
AB150-ASA,1839,622
221.08
(3) In the first instance, the directors shall be elected at the meeting
23held before the bank is authorized to commence business by the
commissioner of
24banking division, and afterwards at the annual meeting of the stockholders which
25shall be held at a time established in the bylaws. Beginning with the annual meeting
1held in 1990, the bank shall include with each notice of an annual meeting delivered
2to shareholders copies for the 2 preceding fiscal years of the bank's balance sheets,
3statements of profit and loss and reconcilements of the bank's loan loss reserve. If
4for any reason an election is not had at that meeting, it may be held at a subsequent
5meeting called for that purpose, of which due notice shall be given as provided in the
6bylaws.
AB150-ASA,1839,188
221.08
(9) The board of directors shall meet at least once each month. At the
9monthly meeting they shall generally investigate the affairs of the bank and
10determine whether the assets are of the value at which they are carried on the books
11of the bank. The directors shall name a loan committee of 3 or more of its members,
12a majority of whom shall be other than active executives, except in 1st or 2nd class
13cities, or except when a majority of the directors are actively engaged in the bank's
14management. The committee shall meet at least once each month and shall
15determine policies as to renewals and applications for new loans. Any director who
16is found to be lax in attendance may be removed by the
commissioner division and
17the vacancy shall be filled within a reasonable time as the
commissioner division 18may direct.
AB150-ASA, s. 6127
19Section
6127. 221.09 (1) (intro.) of the statutes is amended to read:
AB150-ASA,1839,2420
221.09
(1) (intro.) After receipt by the board of directors of a bank of each report
21of examination of the bank by the
office of the commissioner division, the board or
22an examining committee appointed under sub. (2), unless the
commissioner division 23requires response by the board as provided in s. 220.05 (5), shall do all of the
24following:
AB150-ASA,1840,4
1221.09
(5) The board of directors shall transmit the report prepared under sub.
2(1) (b) and the acknowledgments prepared under sub. (3) to the
office of the
3commissioner division within 45 days after receipt by the board of each report of
4examination under sub. (1) (intro.).
AB150-ASA,1841,4
6221.12 Articles may be amended. A bank may amend its articles of
7incorporation in any manner not inconsistent with law, at any time, by a vote of its
8stockholders representing two-thirds of the capital stock taken at a meeting called
9for that purpose. The bank shall submit the amendment to the
commissioner of
10banking division. The amendment is not effective unless approved by the
11commissioner division. The amendment may provide for a change of location of the
12bank. The amendment may provide for a change of the location of a parent bank to
13the location of a branch of the parent bank and a change of the location of a branch
14of the parent bank to the location of the parent bank if the change is first approved
15by the
commissioner division upon application. The amendment, certified by the
16president or cashier, and setting forth the volume and page of recording in the office
17of the register of deeds of the original articles of incorporation, shall be recorded as
18required for articles of incorporation. No increase of the capital shall be valid until
19the amount of the increase has been subscribed and actually paid in. The entire
20surplus fund of a bank, or as much as may be required, may be declared and paid out
21as a stock dividend to apply on, and be converted into, an increase of capital. No
22reduction of capital shall be made to a less amount than is required under this
23chapter for capital, nor be valid or warrant the cancellation of stock certificates or
24diminish the personal liability of stockholders, until the reduction has been approved
25by the
commissioner division. No reduction may be effected in any other way than
1by a proportional reduction of all outstanding shares unless approved by the
2commissioner division. The approval may be given only when the
commissioner 3division is satisfied that the reduction of the capital is in the best interests of the
4depositors.
AB150-ASA,1841,146
221.14
(1) Real estate necessary for the convenient transaction of its business,
7including with its banking offices other facilities to rent as source of income. No bank
8may invest in a banking office, including facilities connected with the office, together
9with furniture, equipment and fixtures, or become liable for it in a sum exceeding
1060% of its capital and surplus; but in lieu of this it may invest, with the approval of
11the
commissioner of banking division, an amount not to exceed 40% of its capital and
12surplus in the stocks, bonds or obligations of a bank building corporation. Any bank
13not owning its banking offices may not invest in furniture, equipment and fixtures
14a sum exceeding 20% of its capital and surplus.
AB150-ASA,1841,2316
221.14
(4s) Real estate used as an attended or unattended remote facility for
17paying and receiving only. Remote facilities may be established only with specific
18approval by the
commissioner division. The authority under this subsection is in
19addition to the authority to establish facilities that are attached to or a part of a bank
20or a branch bank. After July 31, 1989, and before February 1, 1990, a bank may
21inform the
commissioner division in writing that it is converting a remote facility
22existing on August 1, 1989, into a branch bank, specifying the effective date of the
23conversion. An application fee is not required for a conversion under this subsection.
AB150-ASA,1842,4
1221.14
(5) Real estate purchased and held, subject to the approval of the
2commissioner of banking division, for the purpose of providing needed housing
3accommodations for its essential employes who are relocated by the bank, including
4purchasing the former residence of the relocated, essential employe.
AB150-ASA,1842,126
221.14
(6) No real estate acquired under sub. (2), (3) or (5) may be held for a
7longer time than 5 years, unless an extension is granted by the
commissioner 8division. If the extension is not granted, it must be sold at a private or public sale
9within one year thereafter. Nothing in this section may be construed to prevent a
10bank from lending moneys upon real estate security as provided by law. Real estate
11shall be conveyed under the corporate seal of the bank, and the hand of the president
12or vice president and cashier or assistant cashier.
AB150-ASA,1842,1814
221.15
(1) Every bank shall make to the
commissioner of banking division not
15less than 2 reports during each calendar year, at such times as the
said commissioner 16division shall require the same, according to the forms which the
commissioner 17division shall prescribe and furnish. Such forms shall conform as nearly as
18practicable to that now required of national banks, including the schedules.
AB150-ASA,1842,2420
221.15
(3) Such report shall exhibit in detail and under proper heads, the
21resources and liabilities of the bank at the close of the business of any past day
22specified by the
commissioner division, and shall be transmitted to the
commissioner 23division within 30 days after the receipt of request therefor from the
commissioner 24division.
AB150-ASA,1843,4
1221.15
(4) The most recent report filed under sub. (1) as of the last business day
2of the 4th calendar quarter shall be published by the bank as a class 1 notice, under
3ch. 985, where the bank is located, in the condensed form as the
commissioner 4division prescribes. Each bank shall maintain proof of publication of the report.
AB150-ASA,1843,96
221.15
(6) When requested by the
commissioner division, any bank shall report
7to the
commissioner on call by the commissioner,
division a list of its stockholders,
8their residences, and the amount of stock held by each, which report shall be signed
9and verified by the oath or affirmation of one of the officers of said bank.
AB150-ASA,1843,1411
221.15
(7) The
commissioner division shall also have the power to call for
12special reports from any bank whenever in the
commissioner's division's judgment
13the same is necessary to inform the
commissioner
division fully of the condition of
14such bank.
AB150-ASA,1843,23
16221.16 One hundred dollars per day forfeiture. Every bank failing to
17make and transmit to the
commissioner of banking
division any of the reports or
18proofs of publication as required by this chapter shall be subject, at the discretion of
19the
commissioner division, to a forfeiture of $100 for each day after the time required
20for making such reports. Whenever any bank fails or refuses to pay the forfeiture
21herein imposed for a failure to make and transmit such report, the
commissioner 22division is hereby authorized to institute proceedings for the recovery of such
23forfeiture.