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Overview
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The
majority of the financial institutions in the United
States are chartered under state law by the variously-named
state agencies charged with that responsibility.
See the
State Law index page for links to state law
A
common
Application Form to apply for both a charter and
deposit insurance is utilized by the OCC, OTS,
FDIC and all state chartering agencies
Financial
institutions may be chartered either by a group of individuals
or by a corporation. If it is a corporation, the
charterer, if it is not already a Bank Holding Company, must also file a separate
application to become one
The
most comprehensive source of information for prospective
national bank Charterers is the
Charters section of the Comptroller's Licensing
Manual
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Regulations by Agency
FRB
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Note
that the Federal Reserve Board does not charter
banks or bank holding companies. It supervises
bank holding companies. Hence, there are no FRB
regulations per se covering the formation of
banks or bank holding companies
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OCC
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12
CFR Part 5 Rules, Policies, and Procedures
for
Corporate Activities
- Subpart B - Initial
Activities
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FDIC
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Although
the FDIC does not have any bank chartering
authority, many, if not all, states require federal
deposit insurance as a condition to chartering.
Thus, the FDIC's chartering authority comes in through the back door
of
deposit insurance regulations
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OTS
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12
CFR Part 543, Federal Mutual Savings Associations -
incorporation, organization, and
conversion
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543.1 Corporate title
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543.2 Application for permission to
organize
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543.3 ''De novo'' applications for
a Federal savings
association charter.
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543.5 Issuance of charter
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543.6 Completion of organization
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543.7 Limitations on transaction of
business
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543.7-1 Federal savings association created in connection
with an association in default or in danger of
default
12
CFR Part 544 Federal Mutual Savings Associations -
Charter and By-laws
SEC_CODE_REF_0090001192884
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544.1 Federal mutual charter
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544.2 Charter amendments
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544.4 Issuance of charter
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544.5 Federal mutual savings association
bylaws
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544.6 Effect of subsequent charter or bylaw
change
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544.7 In association offices
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544.8 Communication between members of a
Federal
mutual savings
association
12
CFR Part 552 Incorporation of Federal Stock Assns
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552.2-1 Procedure for organization
of Federal stock
assn
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552.2-2 Procedures for organization of interim Federal
stock association
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552.2-3 Federal stock association created in connection
with an association in default or in danger of
default
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NCUA
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12
CFR Part 701 Organization and Operation of Federal
Credit Unions
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701.1 Federal Credit Union Chartering,
Field of Membership
Modification and Conversions
NCUA
Chartering and Field of Membership Manual
- This
is a comprehensive 194 page manual issued by the
NCUA that describes in detail the types of federal
credit unions, the chartering process and charter
conversions.
- N B Many of the NCUA's policies regarding chartering, field of membership
modifications and conversions are NOT found in the
CFR but rather in the Chartering and Field of Membership
Manual
- The Manual is incorporated
by reference in 12 CFR 701
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Recent Changes
NCUA
Express Chartering Procedure
Federal
Credit Union Act
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State
Banks |