Applications

Summary

This topic deals with the entire process whereby supervised depository institutions request approval from their primary federal regulators to take or refrain from taking various actions.

The specific actions themselves are covered in detail under their respective subject heading such as Formation, Branching, Changes in Control, etc.

The various actions or inactions by national banks that require OCC approval or notice are detailed in the OCC Comptroller's Licensing Manual include:

Branch additions and relocations
Business combinations
Changes in capital and dividends
Changes in bank control
Changes in corporate title and address
Changes in directors and senior executive officers
Charters - new or changes to existing
Conversions
Director waivers
Failure acquisitions
Commencement of fiduciary powers
General policies and procedures
Investment in bank premises
Investment in subsidiaries and equities
Management interlocks
Public notice and comments
Changes in subordinated debt
Termination of national bank status

FDIC policies and procedures are detailed in Section 12.1 of its Risk Management Manual of Examination Policies

While there is no corresponding manual for the FRB, the forms used to submit the various types of applications may be found at the FRB's Application / Structure Change Forms page

For savings associations, the OTS policies and procedures are explained in detail in the OTS Applications Processing Handbook

Because the powers of credit unions are substantially more limited than those of commercial banks or savings associations, in types of potential NCUA applications are also more limited

No handbook or manual corresponding to the OCC or OTS manuals exist
Refer to Chapter 1, Section XI (Field of Membership) or
Chapter 4 (Charter Conversions) of the NCUA Chartering and Field of Membership Manual

Regulations

OCC 12 CFR Part 5 Rules, Policies and Procedures for Corporate Activities

5.1 Scope

Subpart A - Rules of General Applicability

5.2 Rules of general applicability
5.3 Definitions
5.4 Filing required
5.5 Fees
5.6 [Reserved]
5.7 Investigations
5.8 Public notice
5.9 Public availability
5.10 Comments
5.11 Hearings and meetings
5.12 Computation of time
5.13 Decisions

Subpart B - Initial Activities

5.20 Organizing a bank
5.24 Conversion
5.26 Fiduciary powers

Subpart C - Expansion of Activities

5.30 Establishment, acquisition, and relocation of a branch
5.32 Expedited procedures for certain reorganizations
5.33 Business combinations
5.34 Operating subsidiaries
5.35 Bank service companies
5.36 Other equity investments
5.37 Investment in bank premises
5.39 Financial subsidiaries

Subpart D - Other Changes in Activities and Operations

5.40 Change in location of main office
5.42 Corporate title
5.46 Changes in permanent capital
5.47 Subordinated debt as capital
5.48 Voluntary liquidation
5.50 Change in bank control; reporting of stock loans
5.51 Changes in directors and senior executive officers
5.52 Change of address
5.53 Change in asset composition

Subpart E - Payment of Dividends

5.60 Authority, scope, and exceptions to rules of general
applicability
5.61 Definitions
5.62 Date of declaration of dividend
5.63 Capital limitation under 12 USC 56
5.64 Earnings limitation under 12 USC 60
5.65 Restrictions on undercapitalized institutions
5.66 Dividends payable in property other than cash
5.67 Fractional shares

Subpart F - Federal Branches and Agencies

5.70 Federal branches and agencies

FRB 12 CFR Part 225 Regulation Y Bank Holding Companies and Change in Bank Control

12 CFR Part 262, Section 262.3 Applications

FDIC 12 CFR Part 303 Filing Procedures

303.0 Scope

Subpart A - Rules of General Applicability

303.1 Scope
303.2 Definitions
303.3 General filing procedures
303.4 Computation of time
303.5 Effect of Community Reinvestment Act
performance on filings
303.66 Investigations and examinations
303.7 Public notice requirements
303.8 Public access to filing
303.9 Comments
303.10 Hearings and other meetings
303.11 Decisions
303.12 Waivers
303.14 Being ''engaged in the business of receiving
deposits other than trust funds''
303.15 Certain limited liability companies deemed
incorporated under State law

Subpart B - Deposit Insurance

303.20 Scope
303.21 Filing procedures
303.22 Processing
303.23 Public notice requirements
303.24 Application for deposit insurance for an interim
institution
303.25 Continuation of deposit insurance upon
withdrawing from membership in the Federal
Reserve System

Subpart C - Establishment and Relocation of
Domestic Branches and Offices

303.40 Scope
303.41 Definitions
303.42 Filing procedures
303.43 Processing
303.44 Public notice requirements
303.45 Special provisions

Subpart D - Merger Transactions

303.60 Scope
303.61 Definitions
303.62 Transactions requiring prior approval
303.63 Filing procedures
303.64 Processing
303.65 Public notice requirements

Subpart E - Change in Bank Control

303.80 Scope
303.81 Definitions
303.82 Transactions requiring prior notice
303.83 Transactions not requiring prior notice
303.84 Filing procedures
303.85 Processing
303.86 Public notice requirements

Subpart F - Change of Director or Senior Executive Officer

303.100 Scope
303.101 Definitions
303.102 Filing procedures and waiver of prior notice
303.103 Processing

Subpart G - Activities of Insured State Banks

303.120 Scope
303.121 Filing procedures
303.122 Processing

Subpart H - Activities of Insured Savings Associations

303.140 Scope
303.141 Filing procedures
303.142 Processing

Subpart I - Mutual-to-Stock Conversions

303.160 Scope
303.161 Filing procedures
303.162 Waiver from compliance
303.163 Processing

Subpart J - International Banking

303.180 Scope
303.181 Definitions
303.182 Establishing, moving or closing a foreign branch
of a state nonmember bank; 347103
303.183 Investment by insured state nonmember banks
in foreign organizations; 347108
303.184 Moving an insured branch of a foreign bank
303.185 Merger transactions involving foreign banks or
foreign organizations
303.186 Exemptions from insurance requirement for a
state branch of a foreign bank; 347206
303.187 Approval for an insured state branch of a foreign
bank to conduct activities not permissible for
federal branches; 347213

Subpart K - Prompt Corrective Action

303.200 Scope
303.201 Filing procedures
303.202 Processing
303.203 Applications for capital distributions
303.204 Applications for acquisitions, branching, and new
lines of business
303.205 Applications for bonuses and increased
compensation for senior executive officers
303.206 Application for payment of principal or interest on
subordinated debt
303.207 Restricted activities for critically Restricted
activities for critically undercapitalized
institutions

Subpart L - Section 19 of the FDI Act (Consent to Service of Persons Convicted of Certain Criminal Offenses

303.220 Scope
303.221 Filing procedures
303.222 Service at another insured depository institution
303.223 Applicant's right to hearing following denial

Subpart M - Other Filing

303.240 General
303.241 Reduce or retire capital stock or capital debt
instruments
303.242 Exercise of trust powers
303.243 Brokered deposit waivers
303.244 Golden parachute and severance plan payments
303.245 Waiver of liability for commonly controlled
depository institutions
303.246 Insurance fund conversions
303.247 Conversion with diminution of capital
303.248 Continue or resume status as an insured
institution following termination under section 8
of the FDI Act
303.249 Truth in Lending Act--Relief from reimbursement
303.250 Management official interlocks
303.251 Modification of conditions
303.252 Extension of time

Subpart N [Reserved]

FDIC 12 CFR Part 362 Activities of Insured State Banks and Insured Savings Associations

Subpart A - Activities of Insured State Banks

362.1 Purpose and scope
362.2 Definitions
362.3 Activities of insured State banks
362.4 Subsidiaries of insured State banks
362.5 Approvals previously granted

Subpart B - Safety and Soundness Rules Governing Insured State Nonmember Banks

362.6 Purpose and scope
362.7 Definitions
362.8 Restrictions on activities

Subpart C - Activities of Insured State Savings Associations

362.9 Purpose and scope
362.10 Definitions
362.11 Activities of insured State savings associations
362.12 Service corporations
362.13 Approvals previously granted

Subpart D - Acquiring, Establishing, or Conducting
New Activities Through a Subsidiary by an
Insured Savings Association

362.14 Purpose and scope
362.15 Acquiring or establishing a subsidiary

OTS 12 CFR Part 516 Application Processing Procedures

Introduction

516.1 What does this part do?
516.5 Do the same procedures apply to all applications
under this part?
516.10 How does OTS compute time periods under this
part?

Subpart A Pre-Filing and Filing Procedures

516.15 Must I meet with OTS before I file my application?
516.20 What information must I include in my draft
business plan?
516.25 What type of application must I file?
516.30 What information must I provide with my
application?
516.35 May I keep portions of my application
confidential?
516.40 Where do I file my application?
516.45 What is the filing date of my application?
516.47 How do I amend or supplement my application?

Subpart B Publication Requirements

516.50 Who must publish a public notice of an
application?
516.55 What information must I include in my public
notice?
516.60 When must I publish the public notice?
516.70 Where must I publish the public notice?
516.80 What language must I use in my publication?

Subpart C Comment Procedures

516.100 What does this subpart do?
516.110 Who may submit a written comment?
516.120 What information should a comment include?
516.130 Where are comments filed?
516.140 How long is the comment period?

Subpart D Meeting Procedures

516.160 What does this subpart do?
516.170 When will OTS conduct a meeting on an
application?
516.180 What procedures govern the conduct of the
meeting?
516.185 Will OTS approve or disapprove an application
at a meeting?
516.190 Will a meeting affect application processing time
frames?

Subpart E OTS Review

516.200 If I file a notice under expedited treatment,
when may I engage in the proposed activities?
516.210 What will OTS do after I file my application?
516.220  If OTS requests additional information to
            complete my application, how will it process my
            application?
516.230 Will OTS conduct an eligibility examination?
516.240 What may OTS require me to do after my
application is deemed complete?
516.250 Will OTS require me to publish a new public
notice?
516.260 May OTS suspend processing of my application?
516.270 How long is the OTS review period?
516.280 How will I know if my application has been
approved?
516.290  What will happen if OTS does not approve or
             disapprove my application within two calendar
             years after the filing date?

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