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The bank shall determine, on March 15, count or similar account or to segregato 1961 and thereafter on the first business such unposted credits or debits between day of February or August until two demand deposits and time and savings years' experience has been obtained, the deposits in computing a factor or factors actual amount of unposted debits segre- under this paragraph, such amounts may gated according to the type of account be ascertained in accordance with comagainst which chargeable. There shall putation methods approved by the Corbe separately stated in each report of poration, upon application of the bank condition for deduction from demand to the Corporation for permission to deposits for assessment purposes, the compute such amounts. amount obtained by multiplying the (h) Experience factors for newly inamount of total demand deposits shown sured banks. A newly insured bank may in the report of condition by the factor determine its experience factors in the for demand deposits for such semi- same manner as that provided for banks annual period, and for deduction from with less than two years' experience in time and savings deposits for assessment subparagraphs (1) and (2) of paragraph purposes the amount obtained by multi- (g) of this section, except that in preplying the amount of total time and paring its first report of condition for savings deposits shown in the report of assessment purposes it shall determine condition by the factor for time and the actual amounts of unposted credits, savings deposits for such semiannual debits and deposits on a day designated period.

by the Corporation, instead of on the (ii) Single experience factor. The first business day of February or August. factor for the semiannual period shall (i) Mergers, consolidations, deposit be the percentage obtained by dividing assumptions, and conversions. The conthe amount of all unposted debits on tinuing or resulting bank in a merger, March 15, 1961 and thereafter on the consolidation

or

deposit assumption first business day of February or August transaction, involving one or more banks by the total deposits as shown on the which used an experience factor, shall books of the bank at the close of business use new experience factors based on the on the same day. The bank shall combined experience of the participating determine, on March 15, 1961 and there- banks for the two-year period prior to after on the first business day of Feb- such transaction or may establish a new ruary or August until two years' experi- factor or factors in accordance with ence has been obtained, the actual paragraph (g) of this section. A bank amount of all unposted debits. Thero resulting from the conversion of a bank shall be separately stated in each report shall continue to use the experience of condition for deduction from demand factors of the converted bank. deposits for assessment purposes, the (j) Use of experience factor. Experiamount obtained by multiplying the ence factors for the computation of unamount of total deposits shown in the posted credits or unposted debits or both, report of condition by the factor for once established by any bank and apsuch semiannual period. If the amount proved by the Corporation, must conof deductions so obtained exceeds de- tinue to be used for a period of at least mand deposits, the excess thereof may three years and until a new factor or be deducted from time and savings factors are established with the approval deposits.

of the Corporation or until such time as (iii) Permanent experience factor. the accounting methods of the bank are When two years' experience has been changed to show actual amounts thereof obtained under this paragraph, a new from day to day. factor shall be computed and used for

(k) Bank establishing new experience the ninth and subsequent reports of

factors. Upon thirty days' written notice condition. This factor shall be the percentage obtained by dividing the aggre

to the Corporation, a bank may establish gate amount of the unposted debits by

new permanent factors in the manner the aggregate amount of the deposits,

provided in subparagraphs (1) and (2) which were used in establishing each

of paragraph (g) of this section: Profactor for the four preceding semian

vided, however, That until such new nual periods.

permanent factors have been determined (3) When it is impractical to segregate and approved in writing by the Corporathe amounts of unposted credits or debits tion the bank shall continue to use its outstanding in a “branch clearings" ac- pre-established factors.

(1) Corporation requiring new experience factors. The Corporation may require a bank to establish new factors at any time as provided in subparagraphs (1) or (2), or both, of paragraph (g) of this section, and for this purpose may designate a day or days and a period or periods other than those specified therein for the determination of deposits and the actual amounts of unposted credits or unposted debits, or both. When such new factor or factors have been computed either by the bank or the Corporation and have been approved in writing by the Corporation, the bank shall use such new factor or factors for reports of condition filed thereafter.

(m) Notice to Corporation of changes in accounting methods. When a bank changes its accounting procedures from those used in the period in which its experience factors were established, in such manner as to increase or decrease the amount of unposted credits or unposted debits, it shall promptly give written notice to the Corporation of such change. (26 F.R. 287, Jan. 14, 1961, as amended at 36 F.R. 3112, Feb. 18, 1971] $ 327.2 Classification of deposits.

(a) The deposits to be reported in the reports of condition required to be made under section 7 of the Federal Deposit Insurance Act (12 U.S.C. 1817) shall be segregated between the time and savings deposits and the demand deposits.

(b) The time and savings deposits for the purpose of such reports and for the computation of assessments as provided in subsection (b) of section 7 of the Act (12 U.SC. 1817) shall consist of:

(1) Time certificates of deposit evi. denced by an instrument providing on its face that the amount of such deposit is payable on a certain date not less than thirty days after the date of deposit, at the expiration of a specified period not less than thirty days after the date of the instrument, or upon written notice to be given not less than thirty days before the date of payment;

(2) Time deposits, open account, being deposits, other than time certificates of deposit, with respect to which there is in force a written contract with the depositor that neither the whole nor any part of such deposit may be withdrawn prior to the date of maturity, which shall not be less than 30 days after the date of the deposit, or prior to the ex

piration of the period of notice which must be given by the depositor in writing not less than 30 days in advance u withdrawals, including deposits such £s Christmas club accounts and vacation club accounts, which are made under written contracts providing that no withdrawal shall be made until a certain number of periodic deposits have been made during a period of not less than 3 months, even though some of the deposits are made within 30 days from the end of such period; and

(3) Deposits accumulated for the payment of personal loans representing the aggregate of amounts which are accumulated by borrowers for payment of personal loans in accounts opened by borrowers in connection with personal loans (whether or not the bank maintains a separate personal loan depart. ment) and which, under contracts between the bank and the borrowers, do not immediately reduce the unpaid balances of the loans but are assigned or pledged to assure repayment of the personal loans at maturity, except that amounts received by the bank which under contracts with the borrowers constitute installment payments on personal loans and immediately reduce the unpaid balances of the loans even though recorded on separate accounts on the books of the bank shall not be reported as deposits; and

(4) Savings deposits being deposits:

(1) Which consist of funds deposited to the credit of one or more individuals, or of a corporation, association, or other organization operated primarily for religious, philanthropic, charitable, educational, fraternal, or other similar purposes and not operated for profit, or in which the entire beneficial interest is held by one or more individuals or by such a corporation, association, or other organization; and

(ii) With respect to which the depositor is not required by the deposit contract but may at any time be required by the bank to give notice in writing of an in tended withdrawal not less than 30 days before such withdrawal is made and which is not payable on a specified date or at the expiration of a specified time after the date of deposit.

(C) Demand deposits shall consist of all deposits other than time and savings deposits. 126 F.R. 287. Jan. 14, 1961, as amended at 31 F.R. 15795, Dec. 15, 19661

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§ 327.3 Payment of assessments by the time such statement is required to be

banks whose insured status has fer. filed under section 7(c) of the Federal minated.

Deposit Insurance Act. (a) Assumed deposits of terminating bank become deposits of assuming bank. PART 328-ADVERTISEMENT OF When the deposit liabilities of an insured

MEMBERSHIP ba are assumed by another insured

Sec, bank the assumed deposits, for assess

828.0 Scope. ment purposes, shall be deposit liabil- 328.1 Mandatory requirements with regard ities of the assuming bank and shall

to the official sign and its display. cease to be deposit liabilities of the bank

328.2 Mandatory requirements with regard

to the official advertising statement whose deposits are assumed from and

and manner of use. after the effective date of the assumption. (b) Payment of assessments by as

AUTHORITY: The provisions of this Part 328

Issued under secs. 9, 18, 64 Stat. 881, 891; suming bank on assumed deposits of

12 U.S.C. 1819, 1828. terminating bank. Where the deposit liabilities of an insured bank are assumed

SOURCE: The provisions of this Part 328 by another insured bank and the assum

appear at 32 F.R. 10189, July 11, 1967, unless

otherwise noted. ing bank agrees to file the Certified Statement which the terminating bank $ 328.0 Scope. is required to file, the filing of such

The regulation contained in this part Certified Statement and the payment of

prescribes the requirements with regard the assessment thereon by the assuming

to the official sign insured banks must bank shall be deemed the acts of the

display and the requirements with regard terminating bank: Provided, That the

to the official advertising statement inrequisite notice of assumption' be given

sured banks must include in their adverto the depositors of the terminating

tisements. It also prescribes an approved bank, and provided further, That such

short title which insured banks may use Certified Statement shall be filed sepa

at their option. It imposes no limitations rately from that required to be filed by

on other proper advertising of insurance the assuming bank.

of deposits by insured banks and does not (c) Resumption of insured status be

apply to advertisements published in forfore insurance of deposits ceases. If a

eign countries by insured banks which bank whose insured status has been ter

maintain offices in such foreign countries minated under section 8(a) or (o) of the

in which offices the deposits are not Federal Deposit Insurance Act, makes

insured. application to the Corporation, before the insurance of its deposits shall have

328.1 Mandatory requirements with ceased, to be permitted to continue or

regard to the official sign and its to resume its status as an insured bank

display. and if the Board of Directors grants the

(a) Insured banks to display official application, the bank will be deemed for sign. Each insured bank shall conassessment purposes, to continue as an

tinuously display an official sign as hereinsured bank and must thereafter fur- inafter prescribed at each station or nish Certified Statements and pay as

window where insured deposits are ususessments as though its insured status ally and normally received in its princihad not been terminated. For the pro- pal place of business and in all its cedure to be followed in making such branches: Provided, That no bank beapplication, see $ 303.7 of this chapter.

coming an insured bank shall be required [26 P.R. 287, Jan. 14, 1961, as amended at

to display such official sign until twenty32 F.R. 10561, July 19, 1967)

one (21) days after its first day of opera

tion as an insured bank. The official sign 8 327.4 Time of payment.

may be displayed by any insured bank Each insured bank shall pay to the prior to the date display is required. Corporation the amount of the semian- Additional signs in other sizes, colors, or nual assessment due to the Corporation, materials, incorporating the basic design as shown on its Certified Statement,' at

of the official sign, may be displayed in

other locations within an insured 'The requisite notice of assumption shall

bank. be the notice prescribed in $ 307.3 of this (b) Official sign. The official sign rechapter.

ferred to in paragraph (a) of this section * See $$ 304.1 and 304.3 of this chapter. shall be of the following design:

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The "symbol" of the Corporation shall be that portion of the official sign represented by the letters and the Corporation seal contained upon the sign.

(1) Any insured bank may procure of ficial signs from the Corporation. Variations in size, color, and materials in the official sign, as described in the “Official Catalog of Insured Bank Signs"-No. ED1, may be procured at no charge from the Corporation by insured banks for official use. The Corporation shall furnish to banks an order blank for use in procuring the oficial signs. Any bank which promptly, after receipt of the order blank, fills it in, executes it, and properly directs and forwards it to the Federal Deposit Insurance Corporation, Washington, D.C. 20429, shall not be deemed to have violated this regulation on account of not displaying an official sign, or signs, unless the bank shall omit to display such official sign or signs after receipt thereof.

(2) Official signs reflecting variations in color and materials and additional signs reflecting variations in size, color, and materials may be procured by insured banks from commercial suppliers.

(c) Receipt of deposits at same teller's station or window as noninsured bank or institution. An insured bank is forbidden to receive deposits at any teller's station or window where any noninsured bank or institution receives deposits or similar liabilities.

(d) Required changes in official sign The Corporation may require any insured bank, upon at least 30 days' written notice, to change the wording of its offcial signs in a manner deemed necessary for the protection of depositors or others. 132 F.R. 10189, July 11, 1967, as amended at 35 FR 460, Jan. 14, 1970; 39 FR 41358, Nov. 27, 1974)

8 328.2 Mandatory requirements with

regard to the official advertising state

ment and manner of use. (a) Insured banks to include official advertising statement in all advertisements except as provided in paragraph (c) of this section. Each insured bank shall include the official advertising statement, prescribed in paragraph (b) of this section, in all of its advertisements except as provided in paragraph (c) of this section.

(1) An insured bank is not required to include the official advertising statement in its advertisements until thirty (30) days after its first day of operation as an insured bank.

(2) In cases where the Board of Directors of the Federal Deposit Insurance Corporation shall find the application to be meritorious, that there has been no neglect or willful violation in the observance of the section and that undue hardship will result by reason of its requirements, the Board of Directors may grant a temporary exemption from its provision to a particular bank upon its written application setting forth the facts. For the procedure to be followed in making such application see § 303.8 of this chapter.

(3) In cases where advertising copy not including the official advertising statement is on hand on the date the requirements of this section become operative, the insured bank may cause the official advertising statement to be included by use of a rubber stamp or otherwise.

(b) Oficial advertising statement. The oficial advertising statement shall be in substance as follows: "Member of the Federal Deposit Insurance Corpora

tion". The word "the" or the words "of the" may be omitted. The words “This bank is a" or the words "This institution is a" or the name of the insured bank followed by the words “is a" may be added before the word “member". The short title "Member of FDIC” or “Member FDIC” or a reproduction of the "symbol” may be used by insured banks at their option as the official advertising statement. The official advertising statement shall be of such size and print to be clearly legible. Where it is desired to use the "symbol" of the Corporation as the official advertising statement, and the "symbol” must be reduced to such proportions that the small lines of type and the Corporation seal therein are indistinct and illegible, the Corporation seal in the letter C and the two lines of small type may be blocked out or dropped.

(c) Types of advertisements which do not require the official advertising statement. The following is an enumeration of the types of advertisements which need not include the official advertising statement:

(1) Statements of condition and reports of condition of an insured bank which are required to be published by State or Federal law;

(2) Bank supplies such as stationery (except when used for circular letters), envelopes, deposit slips, checks, drafts, signature cards, deposit passbooks, certificates of deposit, etc.;

(3) Signs or plates in the banking office or attached to the building or buildings in which the banking offices are located;

(4) Listings in directories;

(5) Advertisements not setting forth the name of the insured bank;

(6) Display advertisements in bank directory, provided the name of the bank is listed on any page in the directory with a symbol or other descriptive matter indicating it is a member of the Federal Deposit Insurance Corporation;

(7) Joint or group advertisements of banking services where the names of insured banks and noninsured banks or institutions are listed and form a part of such advertisements;

(8) Advertisements by radio which do not exceed thirty (30) seconds in time;

(9) Advertisements by television, other than display advertisements, which do not exceed thirty (30) seconds in time;

(10) Advertisements which are of the type or character making it impractical to include thereon the oficial advertising statement including, but not limited to, promotional items such as calendars, matchbooks, pens, pencils, and key chains;

(11) Advertisements which contain & statement to the effect that the bank is a member of the Federal Deposit Insurance Corporation, or that the bank is insured by the Federal Deposit Insurance Corporation, or that its deposits or depositors are insured by the Federal Deposit Insurance Corporation to the maximum of $40,000 for each depositor;

(12) Advertisements relating to the making of loans by the bank or loan services;

(13) Advertisements relating to safekeeping box business or services;

(14) Advertisements relating to trust business or trust department services;

(15) Advertisements relating to real estate business or services;

(16) Advertisements relating to armored car services;

(17) Advertisements relating to service charges or analysis charges;

(18) Advertisements relating to securities business or securities department services;

(19) Advertisements relating to travel department business, including traveler's checks on which the bank issuing or causing to be issued the advertisement is not primarily liable;

(20) Advertisements relating to savings bank life insurance.

(d) Outstanding billboard advertisements. Where an insured bank has billboard advertisements outstanding which are required to include the official advertising statement and has direct control of such advertisements either by possession or under the terms of a contract, it shall, as soon as it can consistent with its contractual obligations, cause the official advertising statement to be included therein.

(e) Official advertising statement in non-English language. The non-English equivalent of the official advertising statement may be used in any advertisement: Provided, That the translation has had the prior written approval of the Corporation. 132 F.R. 10189, July 11, 1967, as amended at 35 FR 460, Jan. 14, 1970; 39 FR 41358, Nov. 27, 1974)

39-057–75

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