§ 4.12 Rules of general application.

(a) District of Columbia banks. For purposes of §§ 4.5, 4.6, 4.7, 4.9, 4.10, 4.11, 4.13, and 4.14, the term "national bank" includes any bank or trust company located and doing business in the District of Columbia which is not a national banking association, unless a different meaning is clearly apparent from the context.

(b) Comptroller's determination. For purposes of this part, a determination made by the Comptroller of the Currency is an exercise of authority committed by law to his exclusive discretion.

(c) Comptroller's approvals. For purposes of this part, whenever the Comptroller of the Currency grants his approval of any application or with respect to any matter or any aspect of any matter, he may, if he determines it necessary or desirable for the protection of the public interest, provide that his approval is subject to the fulfillment of conditions specified by him. In addition, the Comptroller may at any time withdraw such approval if he determines that such action is necessary in the public interest by reason of changed circumstances or otherwise.

(d) Hearings. For purposes of this part, the Comptroller of the Currency, in his sole discretion, may, upon request of any interested person or otherwise, order a hearing, either public or private. Such hearing shall be held at the time and place fixed by the Comptroller and shall be conducted by the Comptroller or such other person as he may designate. The person conducting such hearing shall have authority to decide who shall appear as a witness therein, the order of appearance, what testimony, data, or other material or information shall be received in evidence, and all other procedural matters arising during the course of or otherwise connected with such hearing. No person shall become a party to any matter pending before the Comptroller solely by reason of being permitted to appear or to submit testimony, evidence, data, or other material at a hearing. A hearing ordered by the Comptroller is not required by statute and is not subject to the provisions of the Administrative Procedure Act. Nothing contained herein shall be deemed to require the holding of a hearing by the Comptroller on any matter. The validity of the Comptroller's determination in

any matter shall not be affected because a hearing was not held, whether or not such a hearing was requested by any person, or because of the procedures adopted at such hearing.

(e) Requiring information. For purposes of this part, the Comptroller of the Currency, in his sole discretion, may require any person, persons, bank, or banks submitting an application or request or any person, persons, bank or banks connected with the matter to which such application or request pertains, to submit such information, data, opinion of counsel, or other materials as may be specified by the Comptroller. Failure to comply with such demand of the Comptroller may be treated by him, in his sole discretion, as abandonment of the application or request to which the information, data, opinion of counsel, or other material relates.

§ 4.13 Forms and instructions.

(a) Numbered forms. The following numbered forms of the Comptroller of the Currency are currently in use:

(1) Form 6-C: Certificate of Payment; Additional Capital Stock.

(2) Form 6-CA: Certificate of Payment; Additional Capital Stock (Assets).

(3) Form 6-D: Certificate of Payment; Capital Debentures.

(4) Form 6-P: Certificate of Payment; Preferred Stock.

(5) Form 7-SD: Certificate; Declaration Stock Dividend.

(6) Form 103: Trust Department Annual Report.

(7) Form 1900: Joint Oaths of Directors. (8) Form 1901: Oath of Director. (9) Form 1902: Officers' Official Signatures. (10) Form 1903: Organization Certificate. (11) Form 1904: Articles of Association. (12) Form 1904-A: Amended Articles of Association.

(13) Form 1904-B: Application for Capital Increase; Sale Additional Common Stock. (14) Form 1904-C: Application for Capital Increase; Stock Dividend.

(15) Form 1904-E: Notice of Shareholders' Meeting.

(16) Form 1915: Authority for State Bank Conversion.

(17) Form 1918: Certificate of Payment; Capital Stock.

(18) Form 1919: Certificate of Capital Structure; State Bank Converting to National Bank.

(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: Affadavit 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; Applicaton 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."

(4) "Instructions, Procedures, and 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 Committe on Banking to the Comptroller of the Currency, September 1962.

(16) Banking and Monetary 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 5025, 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 th 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.

shall state the full name and address of the person requesting access to a document 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, docu