The certified statements required to be filed by insured banks in accordance with the provisions of section 7 of the Federal Deposit Insurance Act shall be filed with the Fiscal Agent of the Corporation upon the forms, and in the manner, prescribed by the board of directors; and 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.

[15 F.R. 8630, Dec. 6, 1950, as amended at 26 F.R. 291, Jan. 14, 1961]

§ 304.2 Reports of condition, etc.

Whenever required insured State nonmember banks (except District banks) shall file reports of condition, reports of earnings and dividends, and summaries of deposits, with the Divison of Research and Statistics upon the forms, and 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 and Statistics. Each insured national bank and each insured District bank at the time of making reports of conditions 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.

[15 F.R. 8630, Dec. 6, 1950, as amended at 19 F.R. 1666, Mar. 27, 1954; 26 F.R. 291, Jan. 14, 1961]

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. The application on Form 82 must be executed in quadruplicate. Three applications signed by the proposed incorporators must be forwarded to the Supervising Examiner 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. 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.

(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 Supervising Examiner. If not previously submitted, Form 82a must be accompanied by a copy of the bank's Articles of Incorporation or Association and a copy of the bank's license or authorization to engage in the business of receiving deposits.

If the proposed bank contemplates the establishment of a branch or branches, its application on Form 82 must be accompanied by a properly executed Form 85 for each branch. Form 85-M is to be used where the proposed bank is to be a mutual savings bank.

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(d) Form 84: Application for Federal Deposit Insurance by an existing noninsured State bank (other than mutual savings). The applicant bank is required to submit statements, representations, and information with respect to the several factors enumerated in section 6 of the Federal Deposit Insurance Act, and a copy of the resolution of its board of directors authorizing the bank's president or vice president and cashier or secretary to make the application. The application must be executed in quadruplicate, signed by such officers and the bank's corporate seal affixed thereto. Three signed applications must be forwarded to the Supervising Examiner and the other application may be retained by the bank. Applications filed on Form 84 must be accompanied by the requisite number of properly executed Form 83 and a certified copy of the Articles of Incorporation or Association, including any amendments thereto.

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(e) Form 84-M: Application for Federal Deposit Insurance by an existing noninsured mutual savings bank. Form 84-M, which is substantially the same as Form 84, should be used by mutual savings banks, and should be prepared and submitted in the same manner as Form 84.

(f) Form 83 and Form 83-M: Financial statement. Form 83 must be executed in triplicate and certified to be true and correct by each individual director (or trustee) and officer of the bank or proposed bank (who is solely responsible for its contents) for the benefit of the board of directors of the Corporation in determining, with respect to the applicant bank, the general character of its management in accordance with section 6 of the Federal Deposit Insurance Act. The requisite number of properly executed and signed Forms 83 must accompany each application on Form 82 Form 82-M, Form 84, or Form 84-M.

(g) Form 85, Form 85a and Form 85b: Application of State nonmember insured bank (except District bank and mutual savings bank) to establish or move its main office or branch. Form 85 is an application to establish a branch. The applicant bank is required to submit statements, representations

(1)

If the bank has a branch or branches, its application on Form 84 must be accompanied by a properly executed Form 85 for each branch. Form 85-M is to be used where the bank is a mutual savings bank.

and information with respect to the several factors enumerated in section 6 of the Federal Deposit Insurance Act and a copy of the resolution of its board of directors authorizing the bank's president or vice president and cashier or secretary to make the application. The application must be executed in quadruplicate, signed by the president or vice president, have the corporate seal of the bank affixed thereto, and be attested by the cashier or secretary. Three signed applications must be forwarded to the Supervising Examiner and the other application may be retained by the bank. The application must be accompanied by a certified copy of the bank's Articles of Incorporation or Association, including any amendments thereto unless previously submitted to the Corporation and not subsequently amended.

(2) Form 85a is an application to move main office or branch. It is similar to Form 85 and should be prepared and submitted in the same manner as Form 85.

(3) Form 85b is an application to establish a branch pursuant to designation as depositary and financial agent of the United States Government. It is similar to Form 85 and should be prepared and submitted in the same manner as Form 85.

(h) Form 85-M and Form 85a-M: Application by insured nonmember mutual savings bank to establish a branch or move its main office or branch. (1) Form 85-M is substantially the same as Form 85 and should be prepared and submitted in the same manner as Form

85.

(2) Form 85a-M is substantially the same as Form 85a and should be prepared and submitted in the same manner as Form 85.

(i) Form 86: Application for merger, consolidation, asset acquisition or assumption. The bank applying for prior written consent to merge with, consolidate with, acquire the assets of, or assume liability to pay deposits made in, another bank or institution, pursuant to section 18(c) of the Federal Deposit Insurance Act and for the establishment of branches incident thereto pursuant to section 18(d) of the act is required to submit statements, representations, and information with respect to the several factors enumerated in said section 18 (c). Twelve copies of the application and all documents, schedules and exhibits, in

cluding the agreement between the participating banks and the charter or articles of incorporation of the resulting or assuming bank, are to be executed by an authorized officer with the bank's corporate seal affixed and forwarded to the Supervising Examiner. The Corporation will furnish the applicant bank with a form of the notice (Form 116) for publication provided for in said section 18(c).

(j) Form 100: Application for Consent Lo Retirement of Common or Preferred Stock, Capital Notes, or Debentures. The applicant bank is required to submit statements with respect to the nature of the proposal, source of funds to effect the proposal, and other steps involved in the retirement. The application contains a statement of assets and liabilities and the disposition of certain assets adversely classified in the preceding Report of Examination made of the bank by examiners of the Corporation. Three applications certified to be true and correct and signed by the president or cashier of the bank must be forwarded to the Supervising Examiner.

(k) Form 102: Application. Form 102 should be used by all banks applying for the consent of the Corporation with respect to any application requiring such consent and for which no specific form is prescribed by this section or otherwise The form contains a copy of the resolution of the bank's board of directors describing the proposal and authorizing the application, a statement of the action taken upon the proposal by the proper state banking authority, where such action is required, and must be signed by the president or vice president and attested by the cashier or secretary. The application must be accompanied by a copy of the bank's Articles of Incorporation or Association including any amendments thereto unless previously submitted to the Corporation and not subsequently amended. The application must be executed in quadruplicate. Three signed applications must be submitted to the Supervising Examiner of the District wherein the bank is located and one copy may be retained by the bank.

(1) Form 64: Report of Condition (from banks other than mutual savings). Form 64 is a report in the form of a standard statement of the Assets and Liabilities of the reporting bank together with additional detailed break

down of selected items and information for assessment purposes. When special circumstances so require, additional detail with respect to specific asset or liability items may be required. Reports of Condition must be prepared in accordance with the instructions contained in the booklet entitled "Instructions for the preparation of Report of Condition on Form 64", copies of which are furnished by the Corporation to all insured State nonmember banks (except District banks) and which may be obtained on request from the Division of Research and Statistics.

(m) Form 64 (Savings): Report of Condition (from mutual savings banks). Form 64 (Savings) is substantially the same as Form 64 and should be used by mutual savings banks.

(n) Form 73: Report of Earnings and Dividends (from banks other than mutual savings). Report of Earnings and Dividends, Form 73, is a report in the form of a standard profit and loss statement and a reconciliation of changes in total capital accounts during the year. When special circumstances so require additional detail with respect to specific income or expense items, charge-offs or recoveries, profits on assets sold, or changes in total capital account may be required. Reports of Earnings and Dividends must be prepared in accordance with the instructions contained in the booklet entitled "Instructions for the preparation of Report of Earnings and Dividends on Form 73", which is furnished by the Corporation to all insured State nonmember banks (except District banks) and which may be obtained on request from the Division of Research and Statistics.

(0) Form 73 (Savings): Report of Earnings and Dividends (from mutual savings banks). Form 73 (Savings) is substantially the same as Form 73 and should be used by mutual savings banks.

(p) Form 89: Summary of Deposits. Report of Summary of Deposits is a report of the number of deposit accounts and the amount of deposits in such accounts grouped by size of account and type of deposit. Summary of deposit reports must be prepared in accordance with instructions contained in the pamphlet entitled "Instructions for preparation of Form 89", which is furnished by the Corporation to all insured banks and which may be obtained on request from the Division of Research and Statistics.

(q) Form 545: Certified Statement (for banks other than mutual savings). A Form 545 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 645, and any mutual savings banks which must use Form 545 (Savings). Form 545 shows the deposit liabilities, less authorized deductions, reported in two reports of condition in each semiannual assessment period. The form will show the computation of the assessment base and the amount of the assessment due the Corporation. It must be prepared in duplicate, certified by the president of the bank or any other officer designated by its board of directors and an original must be forwarded to the Fiscal Agent. The duplicate copy should be retained in the bank's file." The forms are mailed to all insured banks each six months in ample time to permit compliance with the law, but if not received or or before January 1 or July 1, they should be obtained from the Fiscal Agent. Any questions in respect to such forms should be directed to the Fiscal Agent.

Certified

(r) Form 545 (Savings): Statement (for mutual savings banks). This form is substantially the same as Form 545, and should be used by mutual savings banks.

(s) Form 645: First Certified Statement (for banks other than mutual savings). The First Certified Statement, Form 645, 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

+ Section 7(b) (6) of the Federal Deposit Insurance Act, which relates to assessment base deductions, provides, in part, as follows: "Each insured bank, as a condition to the right to make any such deduction in determining its assessment base, shall maintain such records as will readily permit vertification of the correctness of its assessment base. No insured bank shall be required to retain such records for such purpose for a period in excess of five years from the date of the filing of any certified statement, except that when there is a dispute between the insured bank and the Corporation over the amount of any assessment the bank shall retain such records until final determination of the issue."

such period for which it was required to submit a report of condition or if such bank became an insured bank after the last date in such period for which a report of condition was required, such bank shall make a report of condition as of the last day of such semiannual period, and shall file with the Corporation a Certified Statement showing, as its assessment base for such period, its assessment base for the date of such special report. The form will show the computation of the assessment base and the amount of the assessment due the Corporation. It must be prepared in duplicate, certified by the president of the bank or any other officer designated by its board of directors, and the original must be forwarded to the Fiscal Agent. The duplicate copy should be retained in the bank's file.' The forms will be mailed by the Fiscal Agent to newly insured banks with appropriate instructions for their preparation.

(t) Form 645 (Savings): First Certified Statement (for mutual savings banks). This form is substantially the same as Form 645 and should be used by mutual savings banks.

(u) Form 845: Final Certified Statement for use by an insured bank (except mutual savings banks) whose deposits are assumed by another insured bank. This statement, Form 845, shows the deposit liabilities, less authorized deductions of the bank in the report or reports of condition prior to the assumption date. Form 845 accompanied by 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. The form must be prepared in duplicate, certified by the president of the bank or any other officer designated by its board of directors and the original must be forwarded to the Fiscal Agent. The duplicate copy should be retained in the bank's files. If the deposits of the liquidating bank are assumed by a newly insured bank, the liquidating bank is not required to file Form 845 or to pay any assessments upon the deposits so assumed after the semiannual period in which the assumption takes effect.

(v) Form 845 (Savings): Final Certified Statement for mutual savings banks). This form is substantially the same as Form 845 and should be used by mutual savings banks.

(w) Form 845A: Final Certified Statement-for use of an insured bank (other than mutual savings banks) whose deposit liabilities are assumed by another insured operating bank. (To be used when the assuming bank executes the Certified Statement for the bank whose deposits were assumed.) Form 845A may be substituted for Form 845 described in paragraph (u) of this section if the assuming bank is executing the Certified Statement for the bank whose deposit liabilities were assumed. Form 845A is prepared in the same manner as Form 845 except the certification is executed by an official of the assuming bank.

(x) Form 845A (Savings): Final Certified Statement-for use of an insured mutual savings bank whose deposit liabilities are assumed by another insured operating bank. (To be used when the assuming bank executes the Certified Statement for the bank whose deposits were assumed.) Form 845A (Savings) may be substituted for Form 845 (Savings) described in paragraph (v) of this section if the assuming bank is executing the Certified Statement for the bank whose deposit liabilities were assumed. Form 845A (Savings) is prepared in the same manner as Form 845 (Savings) except the certification is executed by an official of the assuming bank.

(y) Amended and corrected Certified Statements. Forms for use in amending or correcting previously submitted Certified Statements are identical in number and form with Forms 545, 645, 845 and 845A (for other than mutual savings banks) and Forms 545 (Savings), 645 (Savings), 845 (Savings), and 845A (Savings) described above except the title of the form contains the additional word "Amended" or "Corrected". These forms may be obtained on request from the Fiscal Agent.

15 F.R. 8630, Dec. 6, 1950, as amended at 26 F.R. 291, Jan. 14, 1961]

PART 305-PAYMENT OF INSURED DEPOSITS

§ 305.1 Payment of insured deposits in closed banks.

When an insured bank closes under circumstances requiring the Corporation to make payment of the insured

3

deposits therein, as prescribed by law,2 the Board of Directors appoints one or more Claim Agents with power and authority as provided by law who maintain a temporary office at the site of the closed bank for the purpose of receiving claims for insured deposits and making payment thereof as soon as possible in accordance with applicable law. Claimants for insured deposits are required to submit to such Claim Agents appropriate proofs of claim, in form and manner prescribed by law or by the Board of Directors, to deliver up any pass book or other record issued by the bank evidencing the insured deposit, to assign their claims for insured deposits to the Corporation to the extent required by law, and to furnish proper identification. The claimant is required to make proof thereof to the satisfaction of the Claim Agent. Disputed claims which cannot be adjusted in the field are referred to the Chief of the Division of Liquidation for determination and when satisfactory disposition cannot be so made, may be referred to the Board of Directors for appropriate action. In cases where the Corporation is not satisfied as to the validity of a claim for an insured deposit, it may require the final determination of a court of competent jurisdiction before paying such claim. The Corporation is authorized to make payment of the insured deposits in cash or by making available to each depositor a transferred deposit in a "new bank,' " which is insured, in the same community or in another insured bank in an amount equal to the insured deposit of such depositor. Any such transferred deposit would be a demand deposit in the absence of an agreement between the depositor and transferee bank providing for a time or savings deposit. The Corporation's practice has been to make such payment by issuing its check for the amount of the insured deposit. In making such

1 Defined in section 3 (m) of the Federal Deposit Insurance Act.

See section 11 of the Federal Deposit Insurance Act, particularly subsections (b), (f) and (g).

See section 10 (b) of the Federal Deposit Insurance Act.

'See section 11 (h)-(1) of the Federal Deposit Insurance Act, 12 U. S. C. 1821 (h)−(1).