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CHAPTER lil-FEDERAL D

INSURANCE CORPORA

Formulation and promulgation of ru lations........

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302

303

304

305

306

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308

309

310

311

Applications, requests, and submittal
Forms, instructions, and reports........
Payment of insured deposits.........
Receiverships and liquidations ....................
Voluntary termination of insured stat
Rules of practice and procedures ........
Disclosure of information ..............
Safeguarding personal information in
posit Insurance Corporation Record
Rules governing public observation o
the Corporation's Board of Director

SUBCHAPTER B-REGULATIONS AND STATEME
POLICY

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Part

338

339

341

342

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345

Fair housing

Loans in areas having special flood hazards..
Registration of transfer agents..............

Applications for a stay or review of actio
bank clearing agencies

Insured State nonmember banks which ar
nicipal securities dealers
Community reinvestment

SUBCHAPTER A-PROCEDURE AND RULES OF PRACTICE

PART 300-[RESERVED]

PART 301-INTRODUCTORY

§ 301.1 Scope.

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. 1811-1831), 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 requests, 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 thereof;

(b) The disposition of applications, requests, and submittals;

(c) Formal and informal hearings and adjudications.

(Sec. 9, 64 Stat. 881; 12 U.S.C. 1819)

[32 FR 9638, July 4, 1967, as amended at 36 FR 3112, Feb. 18, 1971]

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Sec. 303.3 Application by insured State no member bank to move main office branch.

303.4 Application by insured State no member bank to reduce or retire capit 303.5 Application for conversion, merge consolidation, assumption, and sale

asset transactions.

303.6 Application by insured State no member bank to extend its corporate charter powers.

303.7 Application to continue or resume i sured status.

303.8 Application for exemption from exception to advertising requirements. 303.9 Other applications.

303.10 Procedure on applications.

303.11 Delegation of authority to act o certain applications.

303.12 Applications where authority is no

delegated.

303.13 Other delegations of authority. 303.14 Application procedures.

AUTHORITY: Secs. 5, 6, 8, 9, 18, 19, 64 Sta 876, 879, 881, 891, 893; 12 U.S.C. 1815, 1816 1818, 1819, 1828, 1829.

§ 303.1 Application by nonmember bank for deposit insurance.

Application for deposit insurance by an existing or proposed State non member bank should be filed with the Regional Director of the Federal De posit 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 FR 10556, July 19, 1967, as amended at 36 FR 1248, Jan. 27, 1971]

'A nonmember bank is a bank which is not a member of the Federal Reserve System.

§ 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 FR 10556, July 19, 1967, as amended at 36 FR 1248, Jan. 27, 1971; 36 FR 3112, Feb. 18, 1971]

§ 303.3 Application by insured State nonmember bank to move main office or branch.

Application for the consent of the Corporation to move the main office or branch of an insured State nonmember bank (except a District bank) 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 FR 10556, July 19, 1967, as amended at 36 FR 1248, Jan. 27, 1971]

§ 303.4 Application by insured State nonmember bank to reduce or retire capital.

Application for the consent of the Corporation to the reduction in the amount, or retirement of any part, of the common or preferred capital stock, or retirement of any of the capital notes or debentures, of an insured

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(0)).

State nonmember bank (except a trict bank) should be filed with Regional Director of the Federa posit Insurance Corporation Regi which the bank is located. The a priate form of application and ins tions for completing the same m obtained upon request from the gional Director of the Region in v the application originates. (See 304 of this title for list of forms instructions.)

[32 FR 10556, July 19, 1967, as amend 36 FR 1248, Jan. 27, 1971]

§ 303.5 Application

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merger, consolidation, assumptio sale of asset transactions.

(a) With noninsured bank or in tion. Application by an insured for the consent of the Corporati merge or consolidate with a n sured bank or institution, or to co into a noninsured institution, assume liability to pay any dep made in, or similar liabilities of noninsured bank or institution, transfer assets to any noninsured or institution in consideration of assumption of liability for any po of the deposits made in such in bank, together with copies of all a ments or proposed agreements ing thereto, should be filed with Regional Director of the Federa posit Insurance Corporation Regi which the insured bank is located appropriate form of application instructions for completing the as well as instructions conce notice to depositors, may be obta upon request from the office of Regional Director.

(b) Conversion with diminutio capital or surplus. Application fo appropriate form of application into an insured State nonme bank (except a District bank)the conversion will result in the verted bank's having less capital or surplus than the converted ba the time of the shareholders' me approving such conversion-tog with copies of the charter and/o cles of association of the con bank, should be filed with the R al Director of the Federal Depo surance Corporation Region in

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