SUBCHAPTER A-PROCEDURE AND RULES OF PRACTICE 303 Applications, requests, submittals, delegations of 5 Rules governing public observation of meetings of the Corporation's Board of Directors............................... SUBCHAPTER A-PROCEDURE AND RULES OF PRACTICE 303.13 Other delegations of authority. AUTHORITY: Secs. 2(5), 2(6), 2(7)(j), 2(8), 2(9 "Seventh" and "Tenth"), 2(18), 2(19), Pub. L. No. 797, 64 Stat. 876, 881, 891, 893 as amended by Pub. L. No. 86-463, 74 Stat. 129; sec. 2, Pub. L. No. 87-827, 76 Stat. 953; Pub. L. No. 88-593, 78 Stat. 940; Pub. L. No. 89- 79, 79, Stat. 244; sec. 1, Pub. L. No. 89-356, 80 Stat. 7; sec. 12(c), Pub. L. No. 89-485, 80 Stat. 242; sec. 3, Pub. L. No. 89-597, 80 Stat. 824; title II, secs. 201, 205, Pub. L. No. 89- 695, 80 Stat. 1055; sec. 2(b), Pub. L. No. 90- 505, 82 Stat. 856; secs, 6(c)(7), (12), (13), Pub. L. No. 95-369, 92 Stat. 616-620; title III, secs. 306, 309 and title VI, sec. 602, Pub. L. No. 95-630, 92 Stat. 3677, 3683 (12 U.S.C. 1815, 1816, 1817(j), 1818, 1819 "Seventh" and "Tenth", 1828, 1829); title I, sec. 108, Pub. L. No. 90-321, 82 Stat. 150 as amended by title IV, sec. 403, Pub. L. No. 93-495, 88 § 303.1 Application by nonmember bank1 Application for deposit insurance by an existing or proposed State non- member bank should be filed with the Regional Director of the Federal De- posit Insurance Corporation Region in which the bank or proposed bank is or will be located. Any such application by an existing bank must be accompa- nied by separate applications for the consent of the Corporation to the con- tinued operation of each branch which it proposes to continue to operate. Any such application by a proposed bank application originates. (See Part 304 of this title for list of forms and instruc- § 303.2 Application by insured State non- member bank to establish a branch. 2 ance Corporation Region in which the bank is located. The appropriate form of application and instructions for completing the same may be obtained upon request from the Regional Direc- tor of the Region in which the applica- [32 FR 10556, July 19, 1967, as amended at 36 FR 1248, Jan. 27, 1971; 44 FR 25193, Apr. 30, 1979] § 303.3 Application by insured State nonmember bank to move main office or branch. Application for the consent of the Corporation to move the main office or branch of an insured State nonmember bank (except a District bank) should be filed with the Regional Director of the Federal Deposit Insurance Corporation Region in which the bank is located. The appropriate form of application and instructions for completing the same may be obtained upon request from the Regional Director of the Region in which the application originates. (See Part 304 of this title for list of forms and instructions.) [32 FR 10556, July 19, 1967, as amended at 36 FR 1248, Jan. 27, 1971] § 303.4 Application by insured State nonmember bank to reduce or retire capital. Application for the consent of the Corporation to the reduction in the amount, or retirement of any part, of the common or preferred capital stock, or retirement of any of the capital notes or debentures, of an insured State nonmember bank (except a District bank) should be filed with the Regional Director of the Federal Deposit Insurance Corporation Region in which the bank is located. The appropriate form of application and instructions for completing the same may be obtained upon request from the Regional Director of the Region in which the application originates. (See Part 304 of this title for list of forms and instructions.) [32 FR 10556, July 19, 1967, as amended at 36 FR 1248, Jan. 27, 1971] noninsured bank or institution, or to transfer assets to any noninsured bank or institution in consideration of the assumption of liability for any portion of the deposits made in such insured bank, together with copies of all agreements or proposed agreements relating thereto, should be filed with the Regional Director of the Federal Deposit Insurance Corporation Region in which the insured bank is located. The appropriate form of application and instructions for completing the form, as well as instructions concerning notice to depositors, may be obtained upon request from the office of said Regional Director. (b) Conversion with diminution of capital or surplus. Application for the appropriate form of application and into an insured State nonmember bank (except a District bank)-when the conversion will result in the converted bank's having less capital stock or surplus than the converted bank at the time of the shareholders' meeting approving such conversion-together with copies of the charter and/or articles of association of the converted bank, should be filed with the Regional Director of the Federal Deposit Insurance Corporation Region in which the insured bank is located. The appropriate form of application and instructions for completing the form may be obtained upon request from the office of said Regional Director. (c) Merger, consolidation, asset acquisition or assumption transaction between insured banks. Application by an insured bank for the consent of the Corporation to merge or consolidate with, acquire the assets of, or assume the liability to pay any deposits made in, another insured bank-when the resulting or assuming bank is to be an insured State nonmember bank (except a District bank)-together with copies of all agreements or proposed agreements relating thereto, including the charter or articles of incorporation of the resulting or assuming bank, should be filed with the Regional Director of the Federal Deposit Insurance Corporation Region in which the resulting or assuming bank is located. The appropriate form of application and instructions for completing the same may be obtained upon re quest from the office of said Regional Director. [32 FR 10556, July 19, 1967, as amended at 36 FR 1248, Jan. 27, 1971] § 303.6 Application by insured State nonmember bank to extend its corporate or charter powers. Application for the consent of the Corporation to the extension of the corporate or charter powers of an insured State nonmember bank (except a District bank) should be filed with the Regional Director of the Federal Deposit Insurance Corporation Region in which the bank is located. The appropriate form of application and instructions for completing the same may be obtained upon request from the Regional Director of the Region in which the application originates. (See Part 304 of this title for list of forms and instructions.) [32 FR 10556, July 19, 1967, as amended at 36 FR 1248, Jan. 27, 1971] § 303.7 Application to continue or resume insured status. Application under § 327.3(c) of this title by a bank whose insured status has been terminated for permission to continue or to resume its status as an insured bank should be filed with the Regional Director of the Federal Deposit Insurance Corporation Region in which the bank is located. Such application should: (a) Be in writing, (b) be signed by the president, or cashier, or other managing officer of the bank, (c) be accompanied by a certified copy of the resolution of its board of directors authorizing the submission of such application, (d) contain a statement that the bank's insured status has been terminated (including the date thereof and the basis therefor), that the insurance of its deposits has not ceased, and that it applies for permission to continue or resume its status as an insured bank, and (e) state the reasons why the continuance or resumption of such status should be permitted by the Corporation. [32 FR 10556, July 19, 1967, as amended at 36 FR 1248, Jan. 27, 1971] § 303.8 Application for exemption from or exception to advertising requirements. Any application made by an insured bank under any of the provisions of Part 328 of this title should be filed with the Division of Bank Supervision of the Corporation at its principal office. Such application should: (a) Be in writing, (b) be signed by the president, or cashier, or other managing officer of the bank, and (c) state, in conformity with the particular provision in respect of which the application is made, the reason for the request in detail and the reason why the application should be granted. [32 FR 10556, July 19, 1967, as amended at 36 FR 1248, Jan. 27, 1971] § 303.9 Other applications. (a) Applications under § 347.4 of this title for consent of the Corporation to acquire or hold stock or other evidence of ownership in a foreign bank or other financial entity shall be submitted to the Regional Director in letter form and, unless otherwise directed by the Corporation, shall contain full information concerning the foreign bank or other financial entity including (unless previously furnished): (1) The cost, number, class of shares to be acquired, and the proposed carrying value of such shares on the books of the insured State nonmember banks; (2) Recent balance sheet and income statement of the foreign bank or other financial entity; (3) Brief description of the foreign bank's or other financial entity's business (including full information concerning any direct or indirect business transacted in the United States); (4) Lists of directors and principal officers (with address and principal business affiliation of each) and of all shareholders known to the issuing bank holding 10 percent or more of any class of the foreign bank's or other financial entity's stock or other evidences the of ownership, and amount held by each; and (5) Information concerning the rights and privileges of the various classes of shares outstanding. (b) Except as otherwise provided by rule or regulation, all applications, 13-032 0-83--2 |