(19) Form 1928: Application To Establish Branch.

(20) Form 1931: Application To Merge, Consolidate, Purchase.

(21) Form 1931-A: Information and Instructions; Application to Merge, Consolidate, Purchase.

(22) Form 1945: Articles of Association; Conversion.

(23) Form 1947: Organization Certificate; Conversion.

(24) Form 1951: Affidavit of Charter Publication.

(25) Form 1955: Application to Organize National Bank.

(26) Form 1955-1: Supplement; Application to Organize National Bank.

(27) Form 1955-2: Appointment of Agent; Application to Organize National Bank. (28) Form 1957: Financial Report. (29) Form 1957-1: Biographical Report. (30) Form 1963: List of Directors. (31) Form 1988: Application to Convert; State Bank into National Bank.

(32) Form 2008: Advice of Commencement of Business.

(33) Form 2054: Bylaws.

(34) Form 2129: Report of Income and Dividends.

(35) Form OR-1: Initial Statement; Beneficial Ownership of Securities.

(36) Form OR-2: Statement of Changes; Beneficial Ownership of Securities.

(37) Form TA-1: Application To Exercise Fiduciary Powers.

(38) Form TA-1C: Application To Exercise Fiduciary Powers; Converting Bank.

(b) Unnumbered forms. The following unnumbered forms of the Comptroller of the Currency are currently in use: (1) Proxy for Shareholders' Meeting.

(2) Secretary's Certificate; Shareholders' Meeting.

(3) Instructions; Application to Organize National Bank.

(4) Secretary's Certificate; Stock Dividend and Change in Par Value.

(5) Secretary's Certificate; Stock Dividend. (6) Certificate of Completed Changes Outstanding Capital Stock.

(7) Secretary's Certificate; Capital by Change in Par Value.

Increase in

(8) Secretary's Certificate; Sale of Stock. (9) Agreement to Purchase and Assume. (10) Agreement of Consolidation.

(11) Application for Change in Location; Head Office or Branch Office.

(12) Summary of Information; Application to Establish Branch.

(13) Instructions; Incorporation of National Banks.

(14) Shareholders' Meeting Instructions. (15) Summary of Information; Application to Organize National Bank.

(16) Application for Change in Title. (17) Agreement to Merge.

(18) Instructions; Application to Exercise Fiduciary Powers.

(19) Instructions; Annual Financial Report of Collective Investment Funds. (20) Common Trust Fund Survey. (21) Report of Condition.

(c) Public access. The forms and instructions referred to in this section are available to the public upon request. A charge may be assessed with respect to certain forms or instructions or for any form and instruction requested in large quantities.

[32 F.R. 9514, July 1, 1967]

§ 4.14 Publications available to public.

(a) Federal Register. In addition to the publication of this part, the Comptroller of the Currency publishes in the FEDERAL REGISTER, for the guidance of the public:

(1) Substantive rules and interpretations of general applicability and statements of general policy;

(2) Notices of public hearings in connection with some applications, including certain applications to merge, consolidate, or purchase.

(b) Other publications. The following publications of the Comptroller are available to the public, if in stock:

(1) "The Comptroller's Manual for National Banks."

(2) "The Comptroller's Manual for Representatives in Trusts."

(3) "The Comptroller's Policy Guidelines for National Bank Directors."

and

(4) "Instructions, Procedures, Forms for National Bank Examiners." (5) "Duties and Liabilities of Directors of National Banks."

(6) "World of Banking"-the challenges of a career as a national bank examiner.

(7) "The National Bank Examiner”a monthly intraoffice newsletter. (8) "Shareholders' Meeting Instructions."

(9) "Directory, Office of Comptroller of the Currency."

(10) "Summary of Actions"-a monthly summary of actions taken upon all applications for new national bank charters, branches, mergers, consolidations, purchase of assets, assumption of liabilities, change of name or location of head office or branch, and conversion from State to national bank.

(11) "Annual Report of the Comptroller of the Currency."

(12) "Years of Reform: A Prelude to Progress"-a reprint from the 1963 Annual Report.

(13) "The Banking Structure in Evolution: A Response to Public Demand”— a reprint from the 1964 Annual Report. (14) "Banking Competition and the Banking Structure"-reprints of articles from the National Banking Review.

(15) "National Banks and the Future"-report of the first Advisory Committee on Banking to the Comptroller of the Currency, September 1962. Monetary

(16) "Banking and Studies: In Commemoration of the Centennial of the National Banking System (1963)."

(17) "The National Banking Review." The publications referred to in this paragraph are available for inspection at the office of each National Bank Region and at

The Treasury Library, Room 5205, Main Treasury Building, Washington, D.C. 20220.

To purchase or otherwise obtain a copy of publication referred to in subparagraphs (1), (2), (3), (4), (5), (6), (7), (8), 9), and (10) of this section, write to

The Comptroller of the Currency, Room 4116, Main Treasury Building, Washington, D.C. 20220.

To purchase or otherwise obtain a copy of a publication referred to in subparagraphs (11), (12), (13), (14), (15), and (16) of this section, write to

The Comptroller of the Currency, Room 3124, Main Treasury Building, Washington, D.C. 20220.

To purchase or otherwise obtain a copy of the publication referred to in subparagraph (17) of this section, write to the

Editor, National Banking Review, Room 4116, Main Treasury Building, Washington, D.C. 20220.

[32 F.R. 9515, July 1, 1967]

§ 4.15 Orders, opinions, etc. available to public.

(a) The Comptroller of the Currency makes the following documents available to the public for inspection and copying: (1) Final orders made in the adjudication of cases.

(2) Final opinions when made in the adjudication of cases.

(3) Statements of general policy and interpretations of general application not published in the FEDERAL REGISTER. (4) Administrative staff manuals and instructions affecting any member of the public.

(5) The publications referred to in § 4.14(b).

(6) Annual reports to stockholders filed under part 10 of the Regulations of the Comptroller of the Currency (part 10 of this chapter) which serve as registrations under section 12(g) of the Securities Exchange Act of 1934, as amended.

(7) Proxy solicitation materials filed under part 11 of the Regulations of the Comptroller of the Currency (part 11 of this chapter) pursuant to sections 12(i), 14(a), and 14(c) of the Securities Exchange Act of 1934, as amended.

(8) Ownership reports filed under part 12 of the Regulations of the Comptroller of the Currency (part 12 of this chapter) pursuant to section 16 of the Securities Exchange Act of 1934, as amended.

(9) Registration statements and offering circulars filed under part 16 of the Regulations of the Comptroller of the Currency (part 16 of this chapter) pursuant to section 12 of the Securities Exchange Act of 1934, as amended.

(b) The Comptroller maintains and makes available to the public for inspection and copying a current index identifying the documents referred to in paragraph (a) of this section (other than subparagraphs (5), (6), (7), (8), and (9) thereof), issued, adopted, or promulgated after July 4, 1967. Such index is located in the

Treasury Library, Room 5025, Main Treasury Building, Washington, D.C. 20220.

(c) To the extent necessary to prevent an invasion of personal privacy, the Comptroller may delete identifying details from a document described in paragraph (a) of this section. In each case of such deletion, the justification therefor will be clearly explained in writing. [32 F.R. 9515, July 1, 1967]

§ 4.16

Other documents available to public; exceptions.

(a) In addition to the documents referred to in § 4.15, all other documents of the Comptroller of the Currency are available to any person for inspection and copying, except as provided in paragraph (b) of this section.

(b) Except as specifically authorized by the Comptroller, the following documents, or portions thereof, are not available to the public:

(1) A document, or portion thereof, which is exempted from disclosure by statute or Executive order.

(2) A document, or portion thereof, containing or related to an examination operating, or condition report prepared by, on behalf of, or for the use of, the Comptroller, relating to the affairs of any bank or affiliate thereof, bank holding company or subsidiary thereof, broker, finance company, or any other person engaged, or proposing to engage, in the business of banking, extending credit, or managing or controlling banks. (3) A document, or portion thereof, which is privileged or relates to the business, personal, or financial affairs of any person and is furnished in confidence.

(4) An investigatory file compiled for law enforcement purposes, including an investigatory file relating to a proceeding for the issuance of a cease-and-desist order or order of suspension or removal, under the Financial Institutions Supervisory Act of 1966, and the granting, withholding, or revocation of any approval, permission, or authority.

(5) A document, or portion thereof, relating solely to internal personnel rules and practices or other internal practices of the agency.

(6) A personnel, medical, or similar file (including a financial file), the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

(7) An

interoffice or interagency memorandum or letter that would not be routinely available by law to a private party in litigation, including, but not limited to, memoranda, reports, and other documents prepared by the Comptroller's staff, and records of deliberations and discussions at meetings of the Comptroller or of his staff.

[32 F.R. 9515, July 1, 1967]

(a) Central office. A document of the Comptroller of the Currency or a portion thereof, available under §§ 4.15 and 4.16 for public inspection and copying, may be inspected and copied during regular business hours on regular business days at the Washington office of the Comptroller. A person requesting access to such a document, or portion thereof, shall submit such request in writing to the Special Assistant for Public Affairs, Room 2206, Main Treasury Building, Washington, D.C. 20220. The request shall state the full name and address of the person requesting access to a docuinent and a description of the document

sought that is sufficient to permit its identification without undue difficulty.

(b) Field office. If a document of the Comptroller, or a portion thereof, available under §§ 4.15 and 4.16 for public inspection and copying, is located at the office of a Regional Administrator of National Banks, the person requesting access to the same may, if he requests permission, have access at such location. Such request shall be submitted in writing to the Special Assistant for Public Affairs, Room 2206, Main Treasury Building, Washington, D.C. 20220. If the Comptroller grants such request, the Regional Administrator will be instructed to permit access at his office.

(c) Appeal. Any person who is denied access to a document of the Comptroller of the Currency by any official or employee of the Comptroller's office may file with the First Deputy Comptroller a written request for a review of such denial.

(d) Costs. A person requesting access to a document of the Comptroller shall pay a fee of $5 per hour for the cost of locating and preparing the document for inspection and copying. An additional fee of 10 cents per page will be charged for providing a copy of the document. [32 F.R. 9515, July 1, 1967]

§ 4.18 Other rules of disclosure.

(a) Employees of the Comptroller. Except as provided in this part or as otherwise authorized by the Comptroller of the Currency, no employee of the Comptroller shall in any manner disclose or permit disclosure of any confidential information to anyone other than an employee of the Comptroller properly entitled to such information for the performance of his official duties.

(b) Government agencies. When authorized by law, the Comptroller of the Currency may make available to the Board of Governors of the Federal Reserve System, to the Federal Deposit Insurance Corporation, and, in his sole discretion, to certain other Government agencies of the United States, copies of reports of examination and other documents, papers or information for their use, when necessary, in the performance of their official duties. All reports, documents and papers made available pursuant to this subdivision are the property of the Comptroller. No person, agency, or authority, or any director, officer, or employee thereof, shall disclose any such reports, documents, papers or informa

tion contained therein in any manner except as authorized by the Comptroller.

(c) Financial institutions. The Comptroller of the Currency makes available to each national bank and, in some cases, to holding companies thereof, a copy of the report of examination of such bank or company. The report of examination is the property of the Comptroller and is loaned to the bank or holding company for its confidential use only. Under no circumstances shall the bank or holding company or any director, officer or employee thereof make public or disclose to any other banker or person in any manner the report of examination or any portion of the contents thereof.

(32 F.R. 9516, July 1, 1967]

§ 4.19 Testimony and production of documents in court.

Employees of the Comptroller of the Currency are prohibited from testifying in court or otherwise with respect to information obtained in or resulting from their official capacities and are prohibited from furnishing documents of the Comptroller or copies thereof in compliance with a subpoena, order or otherwise, without the prior written authorization of the Comptroller. If the testimony of or the production of documents by an employee of the Comptroller is desired, an affidavit by the litigant or his attorney setting forth the interest of the litigant and the testimony or documents desired must be submitted to the Comptroller before authorization will granted. The employee's authorization to testify or produce is limited to the authority granted by the Comptroller. When authorization to testify or to produce documents has not been granted by the Comptroller, the employee of the Comptroller to whom a subpoena or order has been directed shall appear in court and respectfully state that he is unable to comply further with the subpoena or order by reason of this section. [Redesignated, 32 F.R. 9515, July 1, 1967]

be

AUTHORITY: The provisions of this Part 5 issued under sec. 24, 38 Stat. 273, as amended; 12 U.S.C. 371.

SOURCE: The provisions of this Part 5 appear at 25 F.R. 2158, Mar. 16, 1960, unless otherwise noted.

§ 5.1 Scope and application.

This part is issued by the Comptroller of the Currency under authority of section 24 of the Federal Reserve Act, as amended (12 U.S.C. 371). It applies to real estate loans made by national banks secured by liens on leaseholds.

§ 5.2 General authorization.

Any national bank may make or acquire a loan, in accordance with this regulation, secured by a first lien on a leasehold under a lease which does not expire for at least ten years beyond the maturity date of the loan. § 5.3 Appraisals.

The "appraised value" of a leasehold, for the purposes of 12 U.S.C. 371, shall be determined by the use of accepted and reliable methods of appraising leasehold values including, in areas where such information is available, a consideration of the sales prices of comparable leaseholds.

[28 F.R. 14239, Dec. 24, 1963]

$ 5.4 Covenants and restrictions.

In order to qualify as an acceptable leasehold for security for a real estate loan made by a national bank, the covenants and restrictions contained in the lease which provide for forfeiture or reversion in the event of a breach must not be more onerous or burdensome than those contained in leases in general use in the area in which such bank is located, and the lease should permit acquisition of the leasehold by the lending bank by voluntary conveyance or assignment by the lessee, and acquisition and sale under judicial process, without being subject to such restrictions as would jeopardize recovery of the security value of such leasehold.

§ 5.5 Loans insured or guaranteed.

The provisions of §§ 5.3 and 5.4 do not apply to loans where the bank in its judgment relies principally on the insurance or guaranty of a governmental agency in making the loan.

[28 F.R. 14239, Dec. 24, 1963]

PART 6-LOANS MADE BY NATIONAL BANKS SECURED BY OBLIGATIONS OF THE UNITED STATES

Sec.

6.1 Scope and application. 6.2

General authorization.

AUTHORITY: The provisions of this Part 6 issued under R.S. 5200, as amended; 12 U.S.C. 84(8).

SOURCE: The provisions of this Part 6 appear at 30 F.R. 14365, Nov. 17, 1965, unless otherwise noted.

§ 6.1 Scope and application.

(a) This part is issued by the Comptroller of the Currency with the approval of the Secretary of the Treasury under authority of paragraph (8) of section 5200 of the Revised Statutes, as amended (12 U.S.C. 84), and section 321(b) of the act of August 23, 1935 (49 Stat. 713);

(b) This part applies to loans made by National Banks secured by either direct obligations of the United States or obligations fully guaranteed both as to principal and interest by the United States. § 6.2

General authorization.

The obligations to any national banking association of any person, copartnership, association, or corporation secured by not less than a like amount (at par or face value) of either direct obligations of the United States or obligations fully guaranteed both as to principal and interest by the United States, shall not be subject to any limitation based upon the capital and surplus of the association.

Dear Mr.

Reference is made to our recent conference concerning the question of national banks acting as travel agents which has been the subject to prior correspondence and conferences with you over the past several months.

As you know, we have had this matter under study for a period of some months. It appears clear that national banks may, as an incidental power, provide travel services for their customers, as they have been doing for many years, and that they may have the reasonable rights and benefits that flow therefrom. We believe that you concede that national banks may as an incidental power furnish such services, but you take the position that they may not participate in the carrier's conference system which establishes uniform rates of compensation, and uniform obligations to perform, on all participating travel agents.

Whether national banks may so participate and whether they can or should enter into agreements in this connection would appear to be a matter to be determined by the banks concerned and their respective counsel, based upon the facts and circumstances of each particular case. As you know, some national banks have been doing

§ 7.2

National banks; service charges.

The Comptroller of the Currency has issued formal instructions concerning the service charges of banks as indicated in the following letter addressed to the presidents of all national banks: To the presidents of all national banks:

So that there may be no misunderstanding with respect to the policy of this Office concerning the service charges of banks, I am issuing these formal instructions to all national banks.

Agreements, arrangements, undertakings, understandings, etc., among banks, through clearing houses or otherwise, concerning service charges are not permissible in any form. It is the responsibility of the Board of Directors of each national bank to terminate promptly any of these practices which it may now be following.

Wherever a national bank has been involved in any of the practices cited, it should now review its scale of service charges independently of any other bank, and take appropriate corporate action to re-establish a scale of service charges independent of any relationships with any other bank. In taking this action, it is appropriate to make