The Regional Director may, if he deems it advisable, notify other persons who have expressed an interest in the application and invite them to attend. The proceeding may assume any form, including a meeting with Corporation representatives at which the participants will be asked to present their views orally.

The Regional Director shall also have the discretion to hold separate meetings with each of the participants where he deems it desirable.

(e) Hearings. Hearings of the kind provided for in this paragraph will not generally be afforded the participants if they have had the opportunity to participate in prior hearings before the appropriate State authority which covered essentially the same issues or if the Regional Director determines that less formal proceedings will be adequate.

(1) Notice of hearing.-(i) Contents. If the Corporation determines that a hearing on the application is warranted, the Regional Director shall, not less than 10 days prior thereto, give notice of the scheduling of the hearing, and shall set forth in the notice the subject matter of the application, the significant issues to be presented, and the date, time, and place at which the hearing shall be held.

(ii) To whom sent. The above notice shall be sent by registered or certified mail to the applicant and to each person who filed a formal protest in accordance with paragraph (d) (2) of this section. The Regional Director may also notify other persons who have expressed an interest in the application and invite them to participate in the hearing.

(2) Attendance at hearing. Each interested person who wishes to attend the hearing shall notify the Regional Director accordingly within 5 days after the date upon which he receives the above notice. Unless he has already done so, he shall submit a brief written summary of the matters which he wishes to cover at the hearing together with the number and names of witnesses he wishes to present. The applicant and other interested persons attending the hearing may be represented by counsel.

(3) Presiding officer. The presiding officer at the hearing shall be the Regional Director, his designee, or such other person as may be named by the Board of Directors or the Director of the Division of Bank Supervision. The pre

siding officer shall have the authority to appoint a panel to assist him.

(f) Hearing rules—(1) Order of presentation. The following schedule is intended to serve as a general guide to the conduct of the hearing. It is not fixed and may be varied at the discretion of the presiding officer. The presiding officer shall determine the order of opening statements and presentations to be followed by all participants other than the applicant who in each instance shall have the opportunity to speak first.

(i) Opening statements. The applicant and each other participant may make opening statements which should concisely state what the participant intends to show.

(ii) Applicant's presentation. Following the opening statements, the applicant shall present its data and materials, oral or documentary.

(iii) Protestant's presentation. Following the applicant's presentation, each person protesting the application shall present his data and materials, oral or documentary. The protestants may agree, with the approval of the presiding officer, to have one of their number make their presentation.

(iv) Other interested persons. Following the evidence of the applicant and the protestants, the presiding officer will recognize other interested persons who may present their views with respect to the application under consideration.

(v) Summary statement. After all the above presentations have been concluded, the applicant may make a short and concise rebuttal.

(2) Witnesses. Each participant is responsible for providing his own witnesses, including the payment of all expenses associated with their appearance at the hearing. All witnesses will be present on their own volition, but any person appearing as a witness may be subject to questioning by any participant, by the presiding officer, or by any member of the panel. The refusal of a witness to answer questions may be considered by the Corporation in determining the weight to be accorded the testimony of that witness. Witnesses shall not be

sworn.

(3) Evidence. The presiding officer shall have the authority to exclude data or materials which he deems to be improper, irrelevant, or repetitive. Formal rules of evidence shall not be applicable to these hearings. Documentary material submitted as evidence must be of a size

consistent with ease of handling, transportation, and filing. Three copies of all such documentary material shall be furnished to the Regional Director, and any participant who specifically requests the same shall be furnished a copy at his own expense. While large exhibits may be used during the hearing, copies of such exhibits must be provided by the person in reduced size for submission as evidence.

(4) Procedural questions. The presiding officer, or any designated member of the panel, shall determine all procedural questions not governed by this section. The presiding officer shall have the authority to limit the number of witnesses to be used by any person and to impose reasonable time limitations.

(5) Transcript. A transcript of each hearing will be arranged for by the Corporation. The person or persons who requested the hearing will be expected to pay all the expenses of such service, including the furnishing of one copy of the transcript to the Regional Director: Provided, however, That the Corporation may, for good cause, waive this requirement in individual cases. Where a hearing is held at the Corporation's initiative, the Corporation shall bear the expenses of such service. Copies of the transcript will be furnished to any interested person requesting the same at that person's expense.

(6) The hearing record—(i) Contents. The public file described in paragraph (c) of this section shall automatically be deemed a part of the hearing record.

(ii) Closing the hearing record—additional statements. Any person who participates in the hearing may request that the hearing record remain open for 10 days following receipt of the transcript by the Regional Director during which time the person may submit corrected copies of the transcript, or additional written statements or materials which he agreed to furnish at the hearing, to the Regional Director. Such person shall simultaneously mail or have delivered copies of the corrected transcript or additional statements or materials to all other persons who participated in the hearing.

(g) Disposition and notice thereof. (1) The final disposition of any application or other matter under this section need not be determined exclusively by, or be limited to, the information con

tained in the public file established by paragraph (c) of this section.

(2) The applicant, and any other person who so requests in writing, shall be notified by the Board of Directors of the final disposition of the application or other matter. The Board of Directors shall also provide a statement of the reasons for the final disposition made."

(h) Closing the public file. The public file described in paragraph (c) of this section shall be closed 30 days after final disposition of the application or other matter.

(1) Notice to applicant in the case of a tentative denial. Generally, in the case of an application subject to the provisions of this section, where the Board of Directors, based upon the information available at that time, plans to deny the application and no hearing has been held thereon pursuant to paragraph (e) of this section, the Director of the Division of Bank Supervision or his designee will send the applicant a written statement by registered or certified mail which shall specify the reasons for such tentative denial. The applicant shall have 15 days following the receipt of this statement within which to file a written request to amend its application or for an opportunity to submit information in rebuttal, either in writing or in the form of an oral presentation before one or more representatives of the Corporation designated for that purpose. Upon the filing of such request the applicant shall be given 30 days in which to amend its application or prepare its presentation to the Corporation. If the applicant requests and is granted an opportunity to make an oral presentation, it shall be advised of the date, time, place, and person or persons before whom such presentation shall be made.

(j) Computation of time. Section 308.18 shall govern the computation of any period of time prescribed or allowed by this section.

(k) Retained authority. In acting upon any particular application, the Board of Directors may by resolution

14 Where final authority to dispose of an application or other matter has been delegated to the Director of the Division of Bank Supervision or the Regional Directors pursuant to § 303.11, the Director of the Division of Bank Supervision or the appropriate Regional Director will provide the notice and statement described in this paragraph (g) (2).

The certified statements required to be filed by insured banks in accordance with 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 of the Corporation upon the forms, and in the manner, prescribed by the Board of Directors. 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.

§ 304.2

Reports of condition, etc.

Whenever required, insured State nonmember banks (except District banks) shall file reports of condition, reports of income and dividends, and summaries of accounts and deposits with the Division of Research upon the forms, in the manner, and pursuant to the instructions prescribed by the Board of Directors from time to time. This 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. Each insured national bank and each insured District bank at the time of making reports of condition to the Comptroller of the Currency and each insured State member bank at the time of mak

ing 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.

[32 FR 10558, July 19, 1967, as amended at 40 FR 36559, Aug. 21, 1975]

§ 304.3 Forms and instructions.

The following forms and instructions have been prepared by the Corporation for the use of banks and may be obtained by any person properly and directly concerned therewith upon request at the office designated in this chapter:

(a) Form 82: Application of proposed bank (other than mutual savings) for 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 (12 U.S.C. 1816). The application on Form 82 must be executed in quadruplicate. Three applications signed by the proposed incorporators must be forwarded to the Regional Director of the Federal Deposit Insurance Corporation Region in which the proposed bank will be located 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. 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, and if the proposed bank contemplates the establishment of a remote service facility or facilities, its application on Form 82 must be accompanied by a properly executed Form 6210/09 for each facility. 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. If the proposed bank contemplates the establishment of a branch or branches, its application on Form 82-M must be accompanied by a properly executed Form 85M for each branch, and if the proposed

bank contemplates the establishment of a remote service facility or facilities, its application on Form 82-M must be accompanied by a properly executed Form 6210/09 for each facility.

(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 Regional Director of the Federal Deposit Insurance Corporation in which the proposed bank will be located. 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.

(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 (12 U.S.C. 1816) 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 Regional Director of the Federal Deposit Insurance Corporation Region in which the bank is located 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 Forms 83 and a certified copy of the articles of incorporation or association, including any amendments thereto. 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. If the bank has a remote service facility or facilities, its application on Form 84 must be accompanied by a

properly executed Form 6210/09 for each facility.

(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. If the bank has a branch or branches, its application on Form 84-M must be accompanied by a properly executed Form 85-M for each branch, and if the bank has a remote service facility or facilities, its application on Form 84M must be accompanied by a properly executed Form 6210/09 for each facility.

(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 (12 U.S.C. 1816). 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 insured State nonmember bank (except District bank and mutual savings bank) to establish or move its main office or branch. (1) Form 85 is an application to establish a branch. 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 (12 U.S.C. 1816) 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 Regional Director of the Federal Deposit Insurance Corporation Region in which the applicant bank is located 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 associ