The path to create a Public Bank for a City or State necessarily requires answering certain legal questions. To help guide those on this path, here are recent legal memoranda that look deeply at the legal issues of consequence in establishing a Public Bank. While existing legislation varies by state, city and county, we all can learn from each other by examining how legal experts address the issues in front of them.

Legal Opinions and Memoranda linked below are categorized by State, City, or Nation.

For related Legislative examples, including Resolutions and Motions, click here

For related Reports, click here

For the Bank of North Dakota statute / charter, click here

(We will update this list as we receive new documents.)





Earl H. Staelin: Do Sections 1 and 2 of Art. XI of the Colorado Constitution Prohibit a City from Operating a Bank or Lending Money? - Apr 2015



New Mexico

Santa Fe

Chaiken and Virtue: Establishment and Operation of a Chartered Public Bank by the City of Santa Fe - Oct 2017 

Rodey Law: Legal Considerations of City of Santa Fe Public Bank Proposal - Sept 2015





Memorandum: Seattle's Authority to Create a Municipal Bank - May 2014




Are Public Banks Unconstitutional? No. Are Private Banks? Maybe. - Ellen Brown - May 2014

Do State-Owned Banks Violate Constitutional Prohibitions Against Lending the State's Credit? No. - Ellen Brown in consulation with Tim Canova, Robert Bows - Nov 2011


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