The Reserve Banks are organized as self-financing
corporations and empowered by Congress to distribute currency and regulate its value under policies set by the Federal Open Market Committee and the
Board of Governors. Their corporate structure reflects the concurrent interests of the government and the member banks, but neither of these interests amounts to outright ownership. Legal cases involving the Federal Reserve Banks have concluded that they are "private", but can be held or deemed as "governmental" depending on the particular law at issue. In
United States Shipping Board Emergency Fleet Corporation v. Western Union Telegraph Co., the US Supreme Court stated, "Instrumentalities like the national banks or the federal reserve banks, in which there are private interests, are not departments of the government. They are private corporations in which the government has an interest." The United States has an interest in the Federal Reserve Banks as tax-exempt federally created instrumentalities whose profits belong to the federal government, but this interest is not proprietary. In
Lewis v. United States, the
United States Court of Appeals for the Ninth Circuit stated that: "The Reserve Banks are not federal instrumentalities for purposes of the FTCA [the
Federal Tort Claims Act], but are independent, privately owned and locally controlled corporations." The opinion went on to say, however, that: "The Reserve Banks have properly been held to be federal instrumentalities for some purposes," such as anti-bribery law. Another relevant decision is
Scott v. Federal Reserve Bank of Kansas City, A bank's stock ownership does not give it proportional voting power to choose the Reserve Bank's directors; instead, each member bank receives three
ranked votes for six of the Reserve Bank's nine directors, who are subject to qualifications defined in the Federal Reserve Act. If a Reserve Bank were ever dissolved or liquidated, the Act states that members would be eligible to redeem their stock up to its purchase value, while any remaining surplus would belong to the federal government. Regarding the structural relationship between the twelve Federal Reserve banks and the commercial (member) banks, political science professor Michael D. Reagan explains that, ==Function==