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(a) Contents. All briefs shall be confined to the particular matters in issue. Each exception or proposed finding or conclusion which is briefed shall be supported by a concise argument or by citation of such statutes, decisions or other authorities and by page reference to such portions of the record or recommended decision of the hearing examiner as may be relevant. If the exception relates to the admission or exclusion of evidence, the substance of the evidence admitted or excluded shall be set forth in the brief with appropriate references to the transcript.
(b) Reply briefs. Reply briefs may be filed within 10 days after service of briefs and shall be confined to matters in original briefs of opposing parties. Further briefs may be filed only with the permission of the Comptroller.
(c) Delays. Briefs not filed on or before the time fixed in this subpart will be received only upon special permission of the Comptroller.
§ 19.18 Oral argument before the Comptroller.
Upon his own initiative, or upon the written request of any party made within the time prescribed for the filing of exceptions, a brief in support thereof, or a reply brief, if any, for oral argument on the findings, conclusions and recommended decision of the hearing examiner, the Comptroller, if it considers justice will best be served, may order the matter to be set down for oral argument before the Comptroller. Oral argument before the Comptroller shall be recorded unless otherwise ordered by the Comptroller.
Notice of submission to the Comptroller.
Upon the filing of the record with the Administrative Assistant and upon the expiration of the time for the filing of exceptions and all briefs permitted by the Comptroller and upon the hearing of oral argument by the Comptroller, if ordered by the Comptroller, the Administrative Assistant shall notify the parties that the case has been submitted to the Comptroller for final decision.
Decision of Comptroller.
Appropriate members of the staff, who are not engaged in the performance of investigative or prosecuting functions in the case, or in a factually related case, may advise and assist the Comptroller in the consideration of the case. Copies of the decision and order of the Comptroller shall be furnished by the Administrative Assistant to the parties to the proceedings and to the bank involved.
§ 19.21 Filing papers.
Recommended decisions, exceptions, briefs and other papers required to be filed with the Comptroller or his Administrative Assistant in any proceedings shall be filed with the Administrative Assistant to the Comptroller of the Currency, Washington, D.C. 20220. Any such papers may be sent to the Administrative Assistant by mail or express but must be received in the office of the Comptroller in Washington, D.C., or postmarked by a post office, within the time limit for such filing.
(a) By the Comptroller. All documents or papers required to be served by the Comptroller upon any party afforded a hearing shall be served by the Administrative Assistant unless some other person shall be designated for such purpose by the Comptroller. Such service, except for service on counsel for the Comptroller, shall be made by personal service or by registered mail, addressed to the last known address as shown on the records of the Comptroller, on the attorney or representative of record of such party, provided that if there is no attorney or representative of record, such service shall be made upon such party at the last known address as shown on the records of the Comptroller. Such service may also be made in such other manner reasonably calculated to give actual notice as the Comptroller may by regulation or otherwise provide.
(b) By the parties. Except as otherwise expressly provided in this part, all documents or papers filed in a proceeding under this part shall be served by the party filing the same upon the attorneys or representatives of record of all other
parties to the proceeding, or, if any party is not so represented, then upon such party. Such service may be made by personal service or by registered, certified, or regular first-class mail addressed to the last known address of such parties, or their attorneys or representatives of record. All such documents or papers shall, when tendered to the Comptroller or the hearing examiner for filing, show that such service has been made.
§ 19.23 Copies.
Unless otherwise specifically provided in the notice of hearing, an original and seven copies of all documents and papers required or permitted to be filed or served upon the Administrative Assistant under this part, except the transcript of testimony and exhibits, shall be furnished to the Administrative Assistant.
(a) General rule. In computing any period of time prescribed or allowed by this part, the date of the act, event or default from which the designated period of time begins to run is not to be included. The last day so computed is to be included, unless it is a Saturday, Sunday or legal holiday in the District of Columbia, in which event the period shall run until the end of the next day which is neither à Saturday, Sunday nor legal holiday. Intermediate Saturdays, Sundays and legal holidays shall be included in the computation unless the time within which the act is to be performed is 10 days or less in which event Saturdays, Sundays and legal holidays shall not be included.
(b) Service by mail. Whenever any party has the right or is required to do
(a) Form. All papers filed under this subpart shall be printed, typewritten, or otherwise reproduced. All copies shall be clear and legible.
(b) Signature. The original of all papers filed by a bank shall be signed by an officer thereof, and if filed by another party shall be signed by said party, or by the duly authorized agent or attorney of the bank or other party, and in all such cases shall show the signer's address. Counsel for the Comptroller shall sign the original of all papers filed by him.
(c) Caption. All papers filed must include at the head thereof, or on a title page, the name of the Comptroller, the name of the party, and the subject of the particular paper.
Authority and policy.
(a) Authority. This part is issued under the authority of the national banking laws, 12 U.S.C. 1, et seq.
(b) Policy. (1) In furtherance of the effort to pursue the overall improvement of supervisory methods and tools, this Office has undertaken a stepped-up program of examination and supervision of the international operations of national banks. A special corps of national bank examiners has been assigned to a newly-established Department of International Banking under a Deputy Comptroller of the Currency. These examiners will be based in Washington, and will make periodic on-the-spot examinations in foreign countries of the international operations of national banks. This Office is also expanding its economic research in the international field to lay the groundwork for more intensive supervision in this area.
(2) Two developments in recent years have prompted these expanded activities in this Office. National banks which are long-established in the international field have been extending their foreign activities. Some national banks are undertaking, or are planning to undertake, their first foreign ventures. The expansion of international financial activities enhances their importance to the sound condition of a bank. These are matters which fall within the supervisory responsibilities of the Comptroller of the Currency for national banks.
(3) Prior notification will be required of the intention of a national bank to establish a branch in a foreign country, to acquire directly a controlling interest in an Edge Act corporation, agreement corporation or foreign bank, to establish offices of such controlled corporations or foreign banks, or to acquire a controlling
interest in banks or other enterprises through such corporations or foreign banks. Actions of this nature, which may involve substantial risk, are not easily reversed, and hence, there is a need for advance knowledge by the Comptroller of the Currency. In addition, certain other international operations, such as the acquisition of less than a controlling interest in a foreign bank, must be reported to the Comptroller within 30 days of the event. The required notifications and reports will provide the basis, where needed, for special examinations by this Office, and for the issuance of appropriate instructions to a bank wherever such instructions are required in the exercise of the Comptroller's supervisory responsibilities.
(4) The prior notification and reporting procedure was chosen as the least burdensome means of supervising these important activities of national banks, considering the licensing authority over foreign branches and Edge Act corporations which rests with the Federal Reserve Board. This aspect of bank regulation would be greatly simplified if the licensing authority were lodged with the supervisory agency, rather than separated as it is at present. Pending such a transfer of authority, however, this Office will rely on the prior notification and reporting procedure, together with instructions issued under its supervisory authority, to provide the required supervision of the international financial activities of national banks.
(1) The establishment of a branch of a national bank in a foreign country, or in a dependency or insular possession of the United States or a foreign country.
(2) The establishment in the United States, in a foreign country, or in a dependency or insular possession of the United States or a foreign country, of an office, branch or agency of an Edge Act corporation, agreement corporation or foreign bank which is controlled by a national bank.
(3) The direct acquisition by a national bank of a controlling interest in an Edge Act corporation, agreement corporation or foreign bank.
(4) The acquisition by a national bank, through an Edge Act corporation, agreement corporation or foreign bank which is controlled by it, of a controlling interest in a foreign bank or in any other corporation or association organized under the laws of a foreign country, or under the laws of a dependency or insular possession of the United States or a foreign country.
(b) Forms. Prior notification shall be made on forms provided by the Comptroller of the Currency.
Reporting of international oper
ations. On and after the effective date hereof:
(a) Reports. A report shall be made to the Comptroller of the Currency within 30 days of the occurrence of any of the following international operations:
(1) The relocation of a branch of a national bank in a foreign country, or in a dependency or insular possession of the United States or a foreign country.
(2) The relocation in the United States, in a foreign country, or in a dependency or insular possession of the United States or a foreign country, of an office, branch, or agency of an Edge Act corporation, agreement corporation or foreign bank which is controlled by a national bank.
(3) The direct acquisition by a national bank of an interest in an Edge Act corporation, agreement corporation or foreign bank, where the acquisition does not result in control of the Edge Act corporation, agreement corporation or foreign bank.
(4) The acquisition by a national bank, through an Edge Act corporation, agreement corporation or foreign bank which is controlled by it, of an interest in a foreign bank or in any other corporation or association organized under the laws of a foreign country, or under the laws of a dependency or insular possession of the United States or a foreign country, where the acquisition does not result in control of the foreign bank or other corporation or association.
(b) Forms. Reports shall be made on forms provided by the Comptroller of the Currency.
This regulation supersedes the requirements set forth in the letter of the Comptroller of the Currency to the presidents of all national banks dated May 1, 1964.
SUBCHAPTER A-BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM
CHAPTER II-FEDERAL RESERVE SYSTEM
Advances and discounts by Federal Reserve Banks.
Open market purchases of bills of exchange, trade acceptances, bankers' acceptances.
Acceptance by member banks of drafts or bills of exchange.
Reserves of member banks.
Purchase of warrants.
Securities of member State banks.
Credit by persons other than banks, brokers, or dealers for purpose of pur-
Membership of State banking institutions in the Federal Reserve System.
Interlocking bank directorates under the Clayton Act.
Bank service arrangements.
Credit by brokers, dealers, and members of national securities exchanges. 221 Credit by banks for the purpose of purchasing or carrying registered stocks.
Bank holding companies.
Foreign activities of national banks.
Relations with foreign banks and bankers.
Loans to executive officers of member banks.
Payment of interest on deposits.
Relations with dealers in securities under section 32, Banking Act of 1933.