(3) To consider an application made by an insured bank pursuant to section 19 of the Act (12 U.S.C. 1829) for the employment of any director, officer, or employee who has been convicted or is hereafter convicted of any criminal offense involving dishonesty or a breach of trust following a hearing held in accordance with the provisions of Part 308 of this chapter (12 CFR Part 308).

(c) Enforcement matters. Without limiting the Board of Directors' authority, the Board of Directors has retained the authority to act upon the following enforcement matters:

(1) To issue

(i) Orders of correction when the respondent bank's book capital is at or above 3% of total assets and adjusted primary capital is at or above 3% of adjusted Part 325 total assets,

(ii) Notices of intent to terminate insured status and

insured

(iii) Orders terminating status pursuant to section 8(a) of the Act (12 U.S.C. 1818(a));

(2) To issue cease-and-desist orders pursuant to section 8(b) of the Act (12 U.S.C. 1818(b)) when the respondent bank or individual does not consent to the issuance of such orders;

(3) To issue (i) temporary orders of suspension and prohibition pursuant to section 8(e)(4) of the Act (12 U.S.C. 1818(e)(4)) and (ii) orders of removal, suspension or prohibition from participation in the conduct of the affairs of an insured bank pursuant to section 8(e) (1), (2) and (3) of the Act (12 U.S.C. 1818(e) (1), (2) and (3)) when the individual does not consent to the issuance of such orders;

(4) To issue orders of suspension or prohibition to an indicated director, officer or person participating in the conduct of the affairs of an insured bank and orders of removal or prohibition to a convicted director, officer or person participating in the conduct of the affairs of an insured bank pursuant to section 8(g) of the Act (12 U.S.C. 1818(g)) when such director, officer or person does not consent to the suspension or removal;

(5) To issue final orders to pay civil money penalties where respondents do not consent to the assessment of civil

money penalties and hearings have been held; and

(6) To deny requests for modifications or terminations of orders issued pursuant to section 8(g) of the Act (12 U.S.C. 1818(g)).

[52 FR 35410, Sept. 21, 1987]

§ 303.11 Confirmation, limitations, rescissions and special cases.

or

(a) Written confirmation, limitations or subsequent rescission. (1) The authority delegated in §§ 303.7, 303.8 and 303.9 of this part by the Board of Directors to the associate director, the appropriate regional director deputy regional director is subject, as to each associate director, regional director and deputy regional director, to written confirmation, limitations, or subsequent rescission of any confirmation, by the Director. Such written confirmation, limitations or rescissions shall be filed with the Executive Secretary of the FDIC at its offices in Washington, DC, and at the office of the regional director or deputy regional Director concerned, and shall be available for public inspection by interested parties.

(2) The conditions set forth in this part to which the exercise of delegated authority is subject are procedural in nature only and shall not be construed as standards or criteria which will be used in determining the merits of a specific application, petition, request or enforcement matter.

(b) Action under delegated authority not mandated. (1) The Director may, in writing, rescind the authority of an associate director, regional director to act on an application request, notice of acquisition of control or enforcement matter, and may himself act on the

same.

(2) (i) An associate director, regional director or deputy regional director may, in writing, recommend that the authority to act on an application, request, notice of acquisition of control or enforcement matter not be exercised by him; in such cases the authority to act on such application, request, notice of acquisition of control or enforcement matter may be exercised by the Director. The Director may, in writing, recommend that the author

ity to act on an application, request, notice of acquisition of control or enforcement matter may not be exercised by him; in such cases the Board of Directors will act on the application, request, notice of acquisition of control or enforcement matter.

(ii) A regional counsel may, in writing, recommend that the authority to act on an application made by insured banks pursuant to section 19 of the Act (12 U.S.C. 1829) or an enforcement matter not be exercised by him; in such cases the authority to act in such enforcement matters may be exercised by the Deputy General Counsel for Regional and Corporate Affairs or the Assistant General Counsel for Compliance and Enforcement. The Deputy General Counsel for Regional and Corporate Affairs or the Assistant General Counsel may, in writing, recommend that the authority to act on an application pursuant to section 19 of the Act or enforcement matter not be exercised by him; in such cases the Board of Directors will act on the application or enforcement matter.

(iii) Upon determining not to act upon the application, request, notice of acquisition of control or enforcement matter under delegated authority, the deputy regional director, regional director, associate director or the director, and/or the regional counsel or the Assistant General Counsel for Compliance and Enforcement or the Deputy General Counsel for Regional and Corporate Affairs, as the case may be, shall forward the application, request, notice of acquisition of control or enforcement matter together with his recommendations as to the disposition of such application, request, notice of acquisition of control or enforcement matter to the appropriate authority as determined by the rules set forth in paragraphs (b)(2)(i) and/or (b)(2)(ii) of this section.

(c) Request for review. Any aggrieved party or person may request the Board of Directors to review any action taken under authority delegated in §§ 303.7, 303.8 and 303.9 of this part.

[52 FR 35410, Sept. 21, 1987]

§ 303.12 OMB control number assigned pursuant to the Paperwork Reduction Act.

(a) Purpose. This section collects and displays the control numbers assigned to information collection requirements of this part by the Office of Management and Budget pursuant to the Paperwork Reduction Act of 1980. (44 U.S.C. 3501-3520). The FDIC intends that this section comply with section 3507(f) of the Paperwork Reduction Act (44 U.S.C. 3507(f)), which requires that agencies display a current control number assigned by the Director of the Office of Management and Budget ("OMB") for each agency information collection requirement.

agency shall make available to the public information pertaining to the description of forms available or the places at which forms may be obtained, and instructions as to the scope and content of reports and other submittals. The forms mentioned in this part are limited to those which are not already mentioned elsewhere within the rules and regulations of the Federal Deposit Insurance Corporation. However, Appendix A to this part lists all forms required by the FDIC and identifies the sections of FDIC'S regulations where the forms are referenced.

§ 304.2 Forms and instructions—general.

Necessary forms with their related instructions to be used in connection with applications, reports, and other submittals can be obtained from FDIC regional offices-bank supervision. Appendix B to this part lists FDIC regional offices—bank supervision.

§ 304.3 Certified statements.

The certified statements required to be filed by insured banks under 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, FDIC, Washington, DC 20429. Assessments must be certified and paid to the Corporation at the time the statements are required to be filed. The certified statement forms will be furnished to all insured banks by, or may be obtained upon request from, the Fiscal Agent. Questions regarding the forms should be directed to the Fiscal Agent. The forms which are applicable are as follows:

(a) Form 6420/07: Certified Statement. Form 6420/07 must be submitted on or before January 31 and July 31 of each year by every insured bank, except any newly insured banks which must submit their first certified statement on Form 6420/10. Form 6420/07 shows the deposit liabilities, less authorized deductions, reported in two reports of condition in each semiannual assessment period. The form must show the computation of the assessment base and the amount of the assessment due the Corporation;

(b) Form 6420/10: First Certified Statement. The First Certified State

ment, Form 6420/10, must be submitted on or before July 31 or January 31 following the semiannual period in which the bank began operation as an insured bank. The form shows the deposit liabilities, less authorized deductions, as provided by law, on the last date within the period for which it was required to submit a report of condition or, if the bank became an insured bank after the last date in such period for which a report of condition was required, the bank shall make a report of condition as of the last day of the semiannual period, and shall file with the Corporation a certified statement showing, as its assessment base for the period, its assessment base for the date of the special report. The form must show the computation of the assessment base and the amount of the assessment due the Corporation;

(c) Form 6420/11: Final Certified Statement-for use by an insured bank whose deposits are assumed by another insured bank. This statement shows the deposit liabilities, less authorized deductions, of the bank in the report or reports of condition prior to the assumption date. Form 6420/11, accompanied by an appropriate letter of explanation and instructions, will be mailed by the Fiscal Agent to each insured bank whose deposit liabilities are assumed by another insured bank. If the deposits of the liquidating bank are assumed by a newly insured bank, the liquidating bank is not required to file Form 6420/11 or to pay any assessments upon the deposits so assumed after the semiannual period in which the assumption takes effect;

(d) Form 6400/01: Consolidated Statement Amending Certified Statements. This form is for amending or correcting previously submitted certified statements. The form is prepared and mailed by the Fiscal Agent of the Corporation, signed by an official of the bank, and returned to the Fiscal Agent.

§ 304.4 Reports of condition and income.

Quarterly reports of condition and income shall be filed by all State nonmember Banks (except District banks) with the Bank Financial Reporting

Section, Division of Accounting and Corporate Services, FDIC, Washington, DC 20429. The report forms and the instructions for completing the reports will be furnished to all such banks by, or may be obtained upon request from, the Bank Financial Reporting Section. The forms which are applicable are as follows:

(a) Forms FFIEC 031, 032, 033, and 034: Consolidated Reports of Condition and Income (from banks other than mutual and stock savings). Forms FFIEC 031, 032, 033, and 034 are reports, for banks of different asset sizes or with foreign offices, as appropriate, in the form of an income statement, a reconciliation of changes in total equity capital accounts, and a balance sheet of the reporting bank. Supporting schedules request additional detail with respect to chargeoffs and recoveries, income from international operations, specific assets and liability accounts, commitments and contingencies, past due and nonaccrual loans and leases, and information for assessment purposes. Reports of condition and income must be prepared and submitted in accordance with the appropriate instructions contained in the Federal Financial Institutions Examination Council booklet entitled "Instructions-Consolidated Reports of Condition and Income," which is furnished by the Corporation to all insured State nonmember commerical banks (except District banks);

(b) Form 8040/25: Consolidated Reports of Income and Condition for Savings Banks. Form 8040/25 contains reports in the form of an income statement, a reconciliation of changes in total net worth accounts, and a balance sheet of the reporting bank. Supporting schedules request additional detail with respect to charge-offs and recoveries, specific asset and liability accounts, commitments and contingencies, past due and nonaccrual loans and leases, and information for assessment purposes. Form 8040/25 must be ued by all state chartered mutual and stock savings banks. Reports of income and condition filed by savings banks must be prepared and submitted in accordance with the appropriate instructions contained in the FDIC booklet entitled "Instructions-Consolidated

Reports of Income and Condition for Savings Banks," which is furnished by the FDIC to savings banks.

§ 304.5 Other forms.

The forms described below have been prepared by the Corporation for the use of banks.

(a) Form 8020/05: Summary of Deposits (Commercial and Mutual and Stock Savings Banks). Form 8020/05 is a report on the amount of deposits in various types of categories for each authorized office of an insured bank with branches; unit banks do not report. Reports as of June 30 of each year must be submitted no later than the immediately succeeding July 30. The report is filed with the Bank Financial Reporting Section, Division of Accounting and Corporate Services, FDIC, Washington, DC 20429. The report forms and the instructions for completing the reports will be furnished to all such banks by, or may be obtained upon request from, the Bank Financial Reporting Section, Division of Accounting and Corporate Services, FDIC, Washington, DC 20429.

(b) Form 6120/06: Notification of Performance of Bank Services. Form 6120/06 may be used to satisfy the notice requirement for bank service arrangements that is contained in section 7 of the Bank Service Corporation Act (12 U.S.C. 1867), as amended. In lieu of the form, a bank may satisfy the requirement by submitting a letter stating: The name of the servicer; the address at which the service is performed; the service being performed; and the date the service commenced. Either the form or the letter containing the notice information must be submitted to the regional directorbank supervision of the region in which the bank's main office is located within 30 days of the making of the bank service contract or the performance of the bank service, whichever occurs first.

(c) Form FFIEC 001: Annual Report of Trust Assets. This is an interagency report developed by the Federal Financial Institutions Examination Council. All insured state nonmember commercial and savings banks operating trust departments or banks grant

ed consent by the Corporation to exercise trust powers, and their trust subsidiaries, are required to submit the December 31 report no later than February 15th of each year. When circumstances necessitate, additional information may be required about certain operations of the trust department. The report is filed with the Bank Financial Reporting Section, Division of Accounting and Corporate Services, FDIC, Washington, DC 20429. The report forms and instructions for completing the report will be furnished to all such banks by, or may be obtained upon request from, the Bank Financial Reporting Section, Division of Accounting and Corporate Services, FDIC, Washington, DC 20429.

(d) Form FFIEC 002: Report of Assets and Liabilities of U.S. Branches and Agencies of Foreign Banks. Form FFIEC 002 is a report in the form of a statement of the assets and liabilities of U.S. branches and agencies of foreign banks together with an additional detailed breakdown of selected items and, in the case of insured branches, information for assessment purposes. The report must be prepared in accordance with the instructions contained in the instruction booklet for the report, copies of which are furnished to all U.S. branches and agencies of foreign banks by the Federal Reserve System. The Board of Governors of the Federal Reserve System collects and processes the report on behalf of FDIC-supervised branches. The report is submitted quarterly to the appropriate Federal Reserve District Bank.

non

(e) Form FFIEC 004: Report on Indebtedness of Executive Officers and Principal Shareholders and their Related Interests to Correspondent Banks. Form FFIEC 004 is a recommended form that may be used by the executive officers and principal shareholders of an insured State member bank to report to the board of directors of their bank on their indebtedness (and that of their related interests) to correspondent banks, as required by Part 349 of the FDIC's regulations. The reports are due January 31 of each year and cover indebtedness to correspondent banks during the preceding calendar year. Form FFIEC

004 is mailed annually by the FDIC to each bank.

§ 304.6 Report of fully insured brokered deposits and fully insured deposits placed directly by depository institu tions.

(a) Filing. (1) Within ten days after the end of each calendar quarter, each insured bank shall report the data described in paragraph (a)(2) of this sec tion to the appropriate FDIC regional director-bank supervision if the total amount of the bank's fully insured brokered deposits and fully insured deposits placed directly by depository institutions as of the end of that calendar quarter was in excess of either the bank's total capital and reserves or five percent of the bank's total deposits on such date;

(2) If a report is required by paragraph (a)(1) of this section, it must be ! in letter form, signed by an executive officer of the bank, and contain the following bank data, as of the end of the calendar quarter in question: Total fully insured brokered deposits, total fully insured deposits placed directly by depository institutions, total assets, total loans and leases (net of unearned income), total deposits, and total capital and reserves. The report must also include the range of rates paid on fully insured brokered deposits and fully insured deposits placed directly by depository institutions received during the reporting quarter. Dollar amounts may be rounded to the nearest thousand.

(b) Definitions. For purposes of this section:

(1) The term "appropriate FDIC re- 1 director-bank gional supervision" means the FDIC regional director in the FDIC region in which the insured bank is located;

(2) The term "brokered deposits" means deposits in domestic offices of insured banks (including insured domestic branches of foreign banks) and in insured banks and branches in Puerto Rico and United States territories and possessions which an insured bank receives from brokers or dealers for the account of others either directly or ultimately. All deposits received