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Title 12-Banks and Banking

(Part 300 to End)

CHAPTER III-Federal Deposit Insurance Corporation.

Part

301

CHAPTER IV-Export-Import Bank of the United States

400

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326

327

328

329

330

331

332

333

334

335

Introductory.

Minimum security devices and procedures for insured nonmember banks.

Assessments.

Advertisement of membership.

Interest on deposits.

Clarification and definition of deposit insurance coverage.

Insurance of trust funds.

Powers inconsistent with purposes of Federal deposit insurance law.
Extension of corporate powers.

Bank service arrangements.

Securities of insured State nonmember banks.

336 Employee responsibilities and conduct.

SUBCHAPTER A-PROCEDURE AND RULES OF PRACTICE

PART 300 [Reserved]

PART 301-INTRODUCTORY § 301.1

Scope.

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The rules contained in this subchapter are promulgated pursuant to the provisions of Subchapter II of Chapter 5 of Title 5, United States Code, the Federal Deposit Insurance Act (12 U.S.C. 18111831), and other applicable laws. In accordance with the provisions of section 552(a)(1) of Title 5, United States Code they state (1) the established places at which, the officers from whom, and the methods whereby, the public may secure information, make submittals or quests, or obtain decisions, (2) the general course and method by which the Corporation's functions are channeled and determined, including the nature and requirements of all formal and informal procedures available, and (3) rules of procedure, descriptions of forms available, or the places at which forms may be obtained, and instructions as to the scope and contents of all papers, reports, or examinations, except to the extent exempted by law. This subchapter also includes appropriate provisions with respect to rule making, adjudications, and hearings, as prescribed by law. A current description of the Corporation's central and field organization is separately published in the FEDERAL REGISTER. Proceedings by the Corporation within the meaning of this subchapter include:

(a) The formulation and promulgation of rules and regulations, including amendments thereto or the repeal there

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Whenever the Corporation finds that notice of, and public participation in, rule making is impracticable, unnecessary, or contrary to the public interest, or there is good cause why the effective date of any rule should not be deferred for thirty (30) days, the provisions of §§ 302.1, 302.2, and 302.5 shall not apply; and any such rule when published will incorporate the finding and a brief statement of the reasons therefor.

§ 302.7 Amendment and repeal.

The right to alter, amend, or repeal the whole or any part of any rule except as otherwise provided by law, is expressly reserved.

Sec.

PART 303-APPLICATIONS, REQUESTS, AND SUBMITTALS

303.1 Application by nonmember bank for deposit insurance.

303.2

303.3

803.4

303.5

303.6

303.7

303.8

303.9

Application by insured State nonmember bank to establish a branch.

Application by insured State non-
member bank to move main office
or branch.

Application by insured State non-
member bank to reduce or retire
capital.
Application for conversion, merger,
consolidation, assumption, and
sale of asset transactions.
Application by insured State non-
member bank to extend its cor-
porate or charter powers.
Application to continue or resume
insured status.

Application for exemption from or
exception to advertising require-
ments.

Other applications.

303.10 303.11 Delegation of authority to act on certain applications.

Procedure on applications.

303.12 Applications where authority to act is not delegated.

303.13 Other delegations of authority.

AUTHORITY: The provisions of this Part 303 issued under secs. 5, 6, 8, 9, 18, 19, 64 Stat. 876, 879, 881, 891, 893; 12 U.S.C. 1815, 1816, 1818, 1819, 1828, 1829.

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Application for deposit insurance by an existing or proposed State nonmember bank should be filed with the Regional Director of the Federal Deposit Insurance Corporation Region in which the bank or proposed bank is or will be located. Any such application by an existing bank must be accompanied by separate applications for the consent of the Corporation to the continued operation of each branch which it proposes to continue to operate. Any such application by a proposed bank must be accompanied by a separate application for the consent of the Corporation to establish and operate each proposed branch. The appropriate forms 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]

§ 303.2 Application by insured State nonmember bank to establish a branch.2

Application by an insured State nonmember bank (except a District bank) to establish and operate a new branch 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; 36 F.R. 3112, Feb. 18, 1971]

1 A nonmember bank is a bank which is not a member of the Federal Reserve System. 2 "The term 'branch' includes any branch bank, branch office, branch agency, additional office, or any branch place of business located in any State of the United States or in any Territory of the United States, Puerto Rico, Guam, American Samoa, or the Virgin Islands at which deposits are received or checks paid or money lent." (Sec. 3(0) of the Federal Deposit Insurance Act, as amended (12 U.S.C. 1813 (o)).

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