§ 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 F.R. 10556, July 19, 1967, as amended at 36 F.R. 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 insrtuctions.)

[32 F.R. 10556, July 19, 1967, as amended at 36 FR. 1248, Jan. 27, 1971]

§ 303.5 Application

for

conversion,

merger, consolidation, assumption and sale of asset transactions.

(a) With noninsured bank or institution. Application by an insured bank for the consent of the Corporation to merge or consolidate with a noninsured bank or institution, or to convert into a noninsured institution, or to assume liability to pay any deposits made in, or similar liabilities of, any 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 request from the office of said Regional Director. [32 F.R. 10556, July 19, 1967, as amended at 36 F.R. 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 F.R. 10556, July 19, 1967, as amended at 36 F.R. 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 F.R. 1248, Jan. 27, 1971]

§ 303.8 Application for exemption from or exception to advertising require

ments.

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 F.R. 10556, July 19, 1967, as amended at 36 F.R. 1248, Jan. 27, 1971]

§ 303.9 Other applications.

Except as otherwise provided by rule or regulation, all applications, requests, and submittals for which no form of application has been prescribed by the Corporation should (a) be in writing, (b)

be signed by the applicant or his duly authorized agent, (c) contain a statement of the applicant's interest therein, a complete and concise statement of the action requested and the reasons and facts relied upon as the basis for such requested action, and (d) be addressed to the Secretary at the principal office of the Corporation. The applicant shall furnish such other pertinent information as may be required by the Corporation. Whenever applicable, the forms specified in Part 304 of this title should be used, the instructions issued with respect thereto should be followed, and submission should be made as therein provided.

§ 303.10

Procedure on applications.

(a) Applications for deposit insurance. With respect to applications for deposit insurance under § 303.1, the Division of Bank Supervision of the Corporation will cause an investigation to be conducted and an examination to be made of the bank or proposed bank. Thereafter, the Board of Directors, in accordance with applicable provisions of law, will act upon such application after considering the report of such investigation and examination, the recommendations thereon of the examiner and Regional Director of the region in which the bank is or will be located, the recommendations of the Division of Bank Supervision, the recommendations of the Board of Review or duly constituted committees with respect to matters referred to them, and the legal opinion of counsel for the Corporation. The applicant bank will be duly advised of the Board's decision upon such application.

(b) Other applications. With respect to all other applications, requests, or submittals, the Board of Directors will cause such an investigation or examination, or both, to be made by the proper Divisions of the Corporation as the Board shall deem appropriate. Where the application is one authorized to be approved by the Director of the Division of Bank Supervision or by a Regional Director, under § 303.11, he shall cause such an investigation or examination, or both, to be made by his examining staff, as he shall deem appropriate. Upon the report of such investigation and examination, and the recommendations thereon, the Board of Directors or the Director of the Division of Bank Supervision, or the Regional Director, as the case may be, shall take such action as shall be

deemed necessary or appropriate in the premises.

(c) Opportunity to present views. With respect to any application, the Board of Directors will afford the applicant or other properly interested persons, including Government agencies, an opportunity to present views orally before its designated representative or representatives, either at informal conference discussions or at informal presentations of evidence.

(d) Notice of disposition of applications. Prompt notice will be given of the grant or denial, in whole or in part, of any written application, petition, or other request of any interested person made in connection with any agency proceeding. In the case of denial, except in affirming a prior denial, or where the same is self-explanatory, such notice will be accompanied by a simple statement of the reasons therefor.

[35 F.R. 19747, Dec. 30, 1970]

§ 303.11 Delegation of authority to act on certain applications.

(a) General. Except as provided in § 303.12, and subject to the provisions of paragraphs (b) and (c) of this section, the Board of Directors of the Federal Deposit Insurance Corporation has delegated to the Director of the Division of Bank Supervision, or, where confirmed in writing by the Director of the Division of Bank Supervision, to the Regional Director of the Region in which the applicant bank is located, the authority on behalf of the Board of Directors to act on the following applications and requests from any insured State nonmember bank:

(1) Applications for the prior written consent of the Corporation to establish and operate any new teller's window, drive-in facility, or any like office, as an adjunct to a main office or a branch office (including offices not considered branches under State law), or to move its main office or any branch from one location to another;

(2) Applications for the prior written consent of the Corporation to operate temporary banking facilities as a public service during conventions, State and local fairs, college registration periods, and similar occasions, as well as during emergencies, so long as such service does not exceed a period of 1 month;

(3) Applications for the prior written consent of the Corporation to issue sub

ordinated capital debt pursuant to the provisions to § 329.10 (b) (3) of this chapter, or to reduce the amount or retire any part of its common or preferred capital stock, or retire any part of its capital notes or debentures;

(4) Application for the prior written consent of the Corporation to exercise any trust powers;

(5) Requests for extensions of time, not to exceed 1 year on any 1 request and 3 years in the aggregate on requests relating to the same application, within which to perform acts or conditions required by prior Corporation action on bank applications;

(6) Requests for approval of minor or nominal (10 percent or less of dollar requirements where applicable) deviations from requirements prescribed by prior Corporation action.

(b) Confirmation, limitations, and rescission. The authority delegated in paragraph (a) of this section by the Board of Directors to the Regional Director of the Region in which the applicant bank is located is subject, as to each Regional Director in each Region, to written confirmation, limitations, or subsequent rescission of any confirmation, by the Director of the Division of Bank Supervision. Such written confirmation, limitations, or rescission shall be filed with the Secretary of the Corporation at its offices in Washington, D.C. and at the office of the Regional Director concerned, and shall be available for public inspection by interested parties.

(c) Special cases. In special cases the Director of the Division of Bank Supervision may, in writing, rescind the authority of a Regional Director to act on an application or request, and may himself act on the same. In special cases a Regional Director may, in writing, recommend that the authority to act on an application or request not be exercised by him; in such cases the authority to act on such application or request may be exercised by the Director of the Division of Bank Supervision. In special cases the Director of the Division of Bank Supervision may, in writing, recommend that the authority to act on an application or request not be exercised by him; in such cases the Board of Directors will act on the application or request.

(d) Associate Director. In the absence of the Director of Bank Supervision, all powers granted to him under the pro

visions of this part may be exercised instead by the Associate Director of the Division of Bank Supervision. [35 F.R. 19747, Dec. 30, 1970]

§ 303.12 Applications where authority to act is not delegated.

(a) Circumstances precluding delegation. Authority to act on applications listed in § 303.11 is not delegated by the Board of Directors in the following circumstances:

(1) Where a condition other than one agreed to in writing by the bank, or other than a time limitation, is to be prescribed in approving an application;

(2) Where all necessary approvals have not been made by the State authority.

(b) Approving authority. In all cases where authority to act on applications or requests listed in this part is not delegated to the Director of the Division of Bank Supervision (or, in his absence, the Associate Director), or to a Regional Director, the authority to act on such applications or requests remains vested in the Board of Directors of the Corporation.

[35 F.R. 19748, Dec. 30, 1970]

§ 303.13

Other delegations of authority. (a) In general. Except as otherwise provided in this part, or with respect to matters which generally involve conditions or circumstances requiring prompt action in the field for the better protection of the interests of the Corporation and to achieve flexibility and expedition in its operations and in the exercise of its functions in connection with the Corporation's litigation and liquidation matters and with the payment of claims for insured deposits, the Board of Directors does not delegate its authority and no delegations of final authority are made by the Board of Directors. Any person having a proper and direct concern therein may ascertain the scope of authority of any officer, agent, or employee of the Corporation by communicating with the Secretary of Corporation.

the

(b) Disclosure law and regulations. Except as provided in paragraph (c) of this section, the Board of Directors has delegated to the Director of the Division of Bank Supervision, or, where confirmed in writing by the Director of the Division of Bank Supervision, to the Regional Director of the Region in which the applicant bank is located, the authority on

behalf of the Board of Directors to act on disclosure matters under and pursuant to section 12, 13 or 14 of the Securities Exchange Act of 1934 (15 U.S.C. 78) or Part 335 of the Corporation's rules and regulations in this chapter.

(c) Limitations on delegation. Authority to act on disclosure matters under paragraph (b) of this section is not delegated by the Board of Directors when such matters involve:

(1) Exemption from disclosure requirements pursuant to section 12 (h) of the Securities Exchange Act of 1934 (15 U.S.C. 781(h));

(2) Exemption from tender offer requirements pursuant to section 14 (d) (8) of the Securities Exchange Act of 1934 (15 U.S.C. 78n(d) (8));

(3) Authority, pursuant to § 335.3 (c) of the Corporation's regulations in this chapter, to accord confidential treatment to information required to be filed in a disclosure report;

(4) Authority, pursuant to § 335.5 (f) (5) of the Corporation's regulations in this chapter, to disclose to departments and agencies of the United States otherwise confidential information submitted in copies of preliminary proxy solicitation material.

(d) Security devices and procedures and bank service arrangements. The Board of Directors has delegated to the Director of the Division of Bank Supervision, or where confirmed in writing by the Director of Bank Supervision, to the Regional Director of the Region in which the applicant bank is located, the authority on behalf of the Board of Directors to administer the provisions of Parts 326 and 334 of the Corporation's rules and regulations in this chapter.

(e) In emergencies. For the purpose of assuring the performance of, and continuity in the management functions and activities of the Corporation, the Board of Directors has delegated, to the extent deemed necessary, authority with respect to the management of the Corporation's affairs to certain designated officers, such authority to be exercised only in the event of an emergency involving an enemy attack on the continental United States or other warlike occurrence which renders the Board of Directors unable to perform the management functions and activities normally performed by it. [35 F.R. 19748, Dec. 30, 1970]

84-052-73

The certified statements required to be filed by insured banks in accordance with the provisions of section 7 of the Federal Deposit Insurance Act, as amended (12 U.S.C. 1817), shall be filed with the Fiscal Agent of the Corporation upon the forms, and in the manner, prescribed by the Board of Directors. The assessments required to be certified must be paid to the Corporation at the time such statements are required to be filed. The form of certified statement will be furnished to all insured banks by, or may be obtained upon request from, the fiscal agent.

§ 304.2 Reports of condition, etc.

Whenever required, insured State nonmember banks (except District banks) shall file reports of condition, reports of income and dividends, and summaries of deposits with the Division of Research upon the forms, in the manner, and pursuant to the instructions prescribed by the Board of Directors from time to time. The form of such reports and instructions for completing the same will be furnished to all such banks by, or may be obtained upon request from, the Division of Research. Each insured national bank and each insured District bank at the time of making reports of condition to the Comptroller of the Currency and each insured State member bank at the time of making reports of condition to the Federal Reserve bank, required under the Federal Deposit Insurance Act, shall furnish an executed and attested copy thereof to the Corporation.

§ 304.3 Forms and instructions.

The following forms and instructions have been prepared by the Corporation for the use of banks and may be obtained by any person properly and directly concerned therewith upon request at the office designated in this chapter:

(a) Form 82: Application of proposed bank (other than mutual savings) for Federal deposit insurance. The proposed incorporators are required to make statements and representations and to submit information with respect to the several factors enumerated in section 6 of the Federal Deposit Insurance Act (12 U.S.C. 1816). The application on Form 82 must be executed in quadruplicate. Three applications signed by the proposed incorporators must be forwarded to the Regional Director of the Federal Deposit Insurance Corporation Region in which the proposed bank will be located and the other application may be retained by the prospective incorporators. Applications filed on Form 82 must be accompanied by a certified copy of the proposed articles of incorporation or association and the requisite number of properly executed Forms 83. If the proposed bank contemplates the establishment of a pranch or branches, its application on Form 82 must be accompanied by a properly executed Form 85 for each branch. After incorporation is duly effected, the bank must submit a properly executed Form 82a.

(b) Form 82-M: Application of proposed mutual savings bank for Federal deposit insurance. Form 82-M, which is substantially the same as Form 82, should be used when the proposed bank is to be a mutual savings bank and should be prepared and submitted in the same manner as Form 82. If the proposed bank contemplates the establishment of a branch or branches, its application on Form 82-M must be accompanied by a properly executed Form 85-M for each branch.

(c) Form 82a and Form 82a-M: Certificate of adoption of resolution. Form 82a is a copy of the resolution of the board of directors (or trustees) of the bank approving the action of the prospective incorporators in preparing and presenting its application for Federal deposit insurance on Form 82 or 82-M, certified to be a true and correct copy by the president or vice president and cashier or secretary. After incorporation has been duly effected and the bank is chartered to do business by the proper State authority, four properly executed Forms 82a must be transmitted to the Regional Director of the Federal Deposit Insurance Corporation in which the proposed bank will be located. If not previously submitted, Form 82a must be accompanied by a copy of the bank's