5 U.S.C. 552, 559; 12 U.S.C. 1462a, 1463, 1464, 2901
(a) This part explains OCC procedures for processing applications, notices, or filings (applications) for Federal savings associations. Except as provided in paragraph (b) of this section, subparts A and E of this part apply whenever an OCC regulation requires any person (you) to file an application pertaining to a Federal savings association with the OCC. Subparts B, C, and D, however, only apply when an OCC regulation incorporates the procedures in the subpart or where otherwise required by the OCC.
(b) This part does not apply to any of the following:
(1) An application related to a transaction under section 13(c) or (k) of the Federal Deposit Insurance Act, 12 U.S.C. 1823(c) or (k).
(2) A request for reconsideration, modification, or appeal of a final OCC or OTS action.
(3) A request related to litigation, an enforcement proceeding, a supervisory directive or supervisory agreement. Such requests include a request seeking approval under, modification of, or termination of an order issued under part 108 or 109 of this chapter, a supervisory agreement, a supervisory directive, a consent merger agreement or a document negotiated in settlement of an enforcement matter or other litigation, unless an applicable OCC regulation specifically requires an application under this part.
(4) An application filed under an OCC regulation that prescribes other application processing procedures and time frames for the approval of applications.
(c) If an OCC regulation for a specific type of application prescribes some application processing procedures, or time frames, the OCC will apply this part to the extent necessary to process the application. For example, if an OCC regulation for a specific type of application does not identify time periods for the processing of an application, the time periods in this part apply.
The OCC processes applications under this part using two procedures, expedited treatment and standard treatment. To determine which treatment applies, you may use the following chart:
In computing time periods under this part, the OCC does not include the day of the act or event that commences the time period. When the last day of a time period is a Saturday, Sunday, or Federal holiday, the time period runs until the end of the next day that is not a Saturday, Sunday, or Federal holiday.
(a)
(b)
(2) All other applicants are encouraged to contact the appropriate OCC licensing office to determine whether a pre-filing meeting or the submission of a draft business plan or other relevant information would expedite the application review process.
If you must submit a draft business plan under § 116.15, your plan must:
(a) Clearly and completely describe the savings association's projected operations and activities;
(b) Describe the risks associated with the transaction and the impact of this transaction on any existing activities and operations of the savings association, including financial projections for a minimum of three years;
(c) Identify the majority of the proposed board of directors and the key senior executive officers (as defined in § 163.555 of this chapter) of the savings association and demonstrate that these individuals have the expertise to prudently manage the activities and operations described in the savings association's draft business plan; and
(d) Demonstrate how applicable requirements regarding serving the credit and lending needs in the market areas served by the savings association will be met.
(a)
(b)
(c)
(1) Describing the requirement to be waived and
(2) Explaining why the information is not needed to enable the OCC to evaluate your notice or application under applicable standards.
(a)
(b)
(a)
(b)
(2) The OCC will not treat as confidential the portion of your application describing how you plan to meet your Community Reinvestment Act (CRA) objectives. The OCC will make information in your CRA plan, including any information incorporated by reference from other parts of your application, available to the public upon request.
(c)
(a)
(2) The addresses of appropriate OCC licensing offices and the states covered by each office are listed in 12 CFR 4.5.
(b)
(2)(i) You may obtain a list of applications involving significant issues of law or policy at the OCC website at
(ii) The OCC reserves the right to identify significant issues of law or policy in a particular application. The OCC will advise you, in writing, if it makes this determination.
(a) Your application's filing date is the date that you complete all of the following requirements.
(1) You attend a pre-filing meeting and submit a draft business plan or relevant information, if the OCC requires you to do so under § 116.15.
(2) You file your application and all required copies with the OCC, as described under § 116.40.
(i) If you are required to file with an OCC licensing office and with OCC headquarters, you have not filed with the OCC until you file with both offices.
(ii) You have not filed with an OCC licensing office or with OCC headquarters until you file the application and the required number of copies with that office.
(iii) If you file after the close of business established by an OCC licensing office or OCC headquarters, you have filed with that office on the next business day.
(3) You pay the applicable fee. You have not paid the fee until you submit the fee to the appropriate OCC licensing office, or the OCC waives the fee. You may pay by check, money order, cashier's check or wire transfer payable to the OCC.
(b) The OCC may notify you that it has adjusted your application filing date if you fail to meet any applicable publication requirements.
(c) If, after you properly file your application with the appropriate OCC licensing office, the OCC determines that a significant issue of law or policy exists under § 116.40(b)(2)(ii), the filing date of your application is the day you filed with the appropriate OCC licensing office. The 30-day review period under § 116.200 or § 116.210 of this part
To amend or supplement your application, you must file the amendment or supplemental information at the appropriate OCC office(s) along with the number of copies required under § 116.40. Your amendment or supplemental information also must meet the caption and exhibit requirements at § 116.30(b).
This subpart applies whenever an OCC regulation requires an applicant (“you”) to follow the public notice procedures in this subpart.
Your public notice must include the following:
(a) Your name and address.
(b) The type of application.
(c) The name of the depository institution(s) that is the subject matter of the application.
(d) A statement indicating that the public may submit comments to the appropriate OCC licensing office(s).
(e) The address of the appropriate OCC offices where the public may submit comments.
(f) The date that the comment period closes.
(g) A statement indicating that the nonconfidential portions of the application are on file with the OCC, and are available for public inspection during regular business hours.
(h) Any other information that the OCC requires you to publish.
You must publish a public notice of the application no earlier than seven days before and no later than the date of filing of the application.
You must publish the notice in a newspaper having a general circulation in the communities indicated in the following chart:
(a)
(b)
This subpart contains the procedures governing the submission of public
Any person may submit a written comment supporting or opposing an application.
(a) A comment should recite relevant facts, including any demographic, economic, or financial data, supporting the commenter's position. A comment opposing an application should also:
(1) Address at least one of the reasons why the OCC may deny the application under the relevant statute or regulation;
(2) Recite any relevant facts and supporting data addressing these reasons; and
(3) Address how the approval of the application could harm the commenter or any community.
(b) A commenter must include any request for a meeting under § 116.170 in its comment. The commenter must describe the nature of the issues or facts to be discussed and the reasons why written submissions are insufficient to adequately address these facts or issues.
A commenter must file with the appropriate OCC licensing office (
(a)
(b)
This subpart contains meeting procedures. It applies whenever a regulation incorporates the procedures in this subpart, or when otherwise required by the OCC.
(a) The OCC will grant a meeting request or conduct a meeting on its own initiative, if it finds that written submissions are insufficient to address facts or issues raised in an application, or otherwise determines that a meeting will benefit the decision-making process. The OCC may limit the issues considered at the meeting to issues that the OCC decides are relevant or material.
(b) The OCC will inform the applicant and all commenters requesting a meeting of its decision to grant or deny a meeting request, or of its decision to conduct a meeting on its own initiative.
(c) If the OCC decides to conduct a meeting, the OCC will invite the applicant and any commenters requesting a meeting and raising an issue that the OCC intends to consider at the meeting. The OCC may also invite other interested persons to attend. The OCC will inform the participants of the date, time, location, issues to be considered, and format for the meeting a reasonable time before the meeting.
(a) The OCC may conduct meetings in any format including, but not limited to, a telephone conference, a face-to-face meeting, or a more formal meeting.
(b) The Administrative Procedure Act (5 U.S.C. 551
The OCC will not approve or deny an application at a meeting under this subpart.
If the OCC decides to conduct a meeting, it may suspend applicable application processing time frames, including the time frames for deeming an application complete and the applicable approval time frames in subpart E of this part. If the OCC suspends applicable application processing time frames, the time period will resume when the OCC determines that a record has been developed that sufficiently supports a determination on the issues considered at the meeting.
If you are eligible for expedited treatment and you have appropriately filed your notice with the OCC, you may engage in the proposed activities upon the expiration of 30 days after the filing date of your notice, unless the OCC takes one of the following actions before the expiration of that time period:
(a) The OCC notifies you in writing that you must file additional information supplementing your notice. If you are required to file additional information, you may engage in the proposed activities upon the expiration of 30 calendar days after the date you file the additional information, unless the OCC takes one of the actions described in paragraphs (b) through (d) of this section before the expiration of that time period;
(b) The OCC notifies you in writing that your notice is subject to standard treatment under this subpart. The OCC will subject your notice to standard treatment if it raises a supervisory concern, raises a significant issue of law or policy, or requires significant additional information;
(c) The OCC notifies you in writing that it is suspending the applicable time frames under § 116.190; or
(d) The OCC notifies you that it disapproves your notice.
(a)
(b)
(a) You may use the following chart to determine the procedure that applies to your submission of additional information under § 116.210(a)(1):
(b) The OCC may extend the 15-day period referenced in paragraph (a)(1) of this section by up to 15 calendar days, if the OCC requires the additional time to review your response. The OCC will notify you that it has extended the period before the end of the initial 15-day period and will briefly explain why the extension is necessary.
(c) If your response filed under paragraph (a)(1) of this section includes a request for a waiver of an informational requirement, your request for a waiver is granted if the OCC fails to act on it within 15 calendar days after the filing of your response, unless the OCC extends the review period under paragraph (b). If the OCC extends the review period under paragraph (b), your request is granted if the OCC fails to act on it by the end of the extended review period.
(a)
(b)
After your application is deemed complete, but before the end of the applicable review period,
(a) The OCC may require you to provide additional information if the information is necessary to resolve or clarify the issues presented by your application.
(b) The OCC may determine that a major issue of law or a change in circumstances arose after you filed your application, and that the issue or changed circumstances will substantially effect your application. If the OCC identifies such an issue or changed circumstances, it may:
(1) Notify you, in writing, that your application is now incomplete and require you to submit additional information to complete the application under the procedures described at § 116.220; and
(2) Require you to publish a new public notice of your application under § 116.250.
(a) If your application was subject to a publication requirement, the OCC may require you to publish a new public notice of your application if:
(1) You submitted a revision to the application, you submitted new or additional information, or a major issue of law or a change in circumstances arose after the filing of your application; and
(2) The OCC determines that additional comment on these matters is appropriate because of the significance of the new information or circumstances.
(b) The OCC will notify you in writing if you must publish a new public notice of your revised application.
(c) If you are required to publish a new public notice of your revised application, you must notify the OCC after you publish the new public notice.
(a)
(1) The OCC, another governmental entity, or a self-regulatory trade or professional organization initiates an investigation, examination, or administrative proceeding that is relevant to the OCC's evaluation of your application;
(2) You request the suspension or there are other extraordinary circumstances that have a significant impact on the processing of your application.
(b)
(a)
(b)
(c)
(2) The OCC may also extend the review period as needed until it acts on the application, if the application presents a significant issue of law or policy that requires additional time to resolve. The OCC must notify you in writing of the extension and the general reasons for the extension. The OCC must issue the written extension before the end of the review period, including any extension of that period under paragraph (c)(1) of this section. This section applies to notices filed under § 174 of this chapter.
(a)
(2) The OCC will promptly notify you in writing of its decision to approve or deny your application.
(b)
If the OCC has not approved or denied your pending application within two calendar years after the filing date under § 116.45, the OCC will notify you, in writing, that your application is deemed withdrawn unless the OCC determines that you are actively pursuing a final OCC determination on your application. You are not actively pursuing a final OCC determination if you have failed to timely take an action required under this part, including filing required additional information, or the OCC has suspended processing of your application under § 116.260 based on circumstances that are, in whole or in part, within your control and you have failed to take reasonable steps to resolve these circumstances.