Reports and public disclosure of indebtedness of executive officers and principal shareholders to a SUBCHAPTER A-PROCEDURE AND RULES OF PRACTICE fund conversions, prompt corrective ac- 303.7 Delegation of authority to the Direc- tor (DOS) and to the associate directors, regional directors and deputy regional directors to act on certain applications, requests, and notices of acquisition of 303.8 Other delegations of authority. 303.9 Delegation of authority to act on cer- 303.10 Applications and enforcement mat- ters where authority is not delegated. 303.11 Confirmation, limitations, rescissions 303.12 OMB control number assigned pursu- ant to the Paperwork Reduction Act. 303.13 Applications and notices by savings 303.14 Change in senior executive officer or 303.15 Mutual-to-stock conversions of mutu- ally owned state-chartered savings AUTHORITY: 12 U.S.C. 378, 1813, 1815, 1816, § 303.0 Scope and definitions. (a) Scope. This part prescribes: (1) Where applications, requests, and notices required to be filed by statute (2) The contents of the application (3) The location where forms and in- (4) Finally, this part sets forth dele- gations of authority by the FDIC's Board of Directors to the Director of the Division of Supervision and the Di- rector of the Division of Compliance and Consumer Affairs, to their associ- ate directors, to the regional directors and deputy regional directors of the Di- vision of Supervision, and to the re- gional managers of the Division of Compliance and Consumer Affairs to act on certain applications and other matters pursuant to the conditions, where applicable, that limit such dele- (b) Definitions. For purposes of this (1) Corporation or FDIC. The terms Corporation or FDIC shall mean the Federal Deposit Insurance Corporation. (2) Division or DOS. The terms divi- sion or DOS shall mean the Division of Supervision, or in the event the Divi- sion of Supervision is reorganized, such (3) DCA. The term DCA shall mean the Division of Compliance and Con- sumer Affairs, or in the event the Divi- sion of Compliance and Consumer Af- fairs is reorganized, such successor di- (4) Director (DOS). The term Director (DOS) shall mean the Director of the Division of Supervision, or in the event the title of Director of the Division of Supervision becomes obsolete, any offi- cial of equivalent or higher authority. (5) Director (DCA). The term Director (DCA) shall mean the Director of the Affairs, or in the event the title of Di- rector of the Division of Compliance and Consumer Affairs becomes obso- (6) Associate director. The term associate director shall mean any associate director of the Division of Supervision or the Division of Compliance and Consumer Affairs, as appropriate, or in the event the title of associate director becomes obsolete, any official of equivalent authority within the respective divisions. (7) Regional director. The term regional director shall mean any regional director of the Division of Supervision, or in the event the title of regional director becomes obsolete, any official of equivalent authority within the Division of Supervision. (8) Deputy regional director. The term deputy regional director shall mean any deputy regional director of the Division of Supervision, or in those FDIC regions where there is no deputy regional director, an assistant regional director. In the event the title of deputy regional director or assistant regional director becomes obsolete, the term deputy regional director shall mean any official of equivalent authority within the same FDIC region of the Division of Supervision. (9) Regional manager. The term regional manager shall mean any regional manager in the Division of Compliance and Consumer Affairs, or in the event the title of regional manager becomes obsolete, any official of equivalent authority within the Division of Compliance and Consumer Affairs. (10) Associate General Counsel for Compliance and Enforcement. The term Associate General Counsel for Compliance and Enforcement shall mean the head of the Compliance and Enforcement Section of the Legal Division of the FDIC, or in the event the title of Associate General Counsel for Compliance and Enforcement becomes obsolete, any official of equivalent authority within the Legal Division. The authority delegated to the Associate General Counsel for Compliance and Enforcement may be exercised by the Deputy General Counsel for Supervision and Legislation or a counsel in the Compliance and Enforcement Section in the Washington, DC office. (11) Regional counsel. The term regional counsel shall mean a regional counsel of the Legal Division, or in the event the title of regional counsel be comes obsolete, any official of equivalent authority within the Legal Division. The authority delegated to a regional counsel may be exercised by a deputy regional counsel, a counsel, or any official of equivalent or higher authority in the Compliance and Enforcement Section of the Legal Division. (12) Appropriate FDIC region, appropriate FDIC regional office, appropriate regional director, appropriate deputy regional director, and appropriate regional counsel shall refer to the FDIC region, and the FDIC regional office, regional director, deputy regional director, and regional counsel, of the FDIC region, which the FDIC designates as follows: (i) When an institution or proposed institution that is the subject of an application, request, submittal, notice, or administrative action is not or will not be part of a group of related institutions, the appropriate region for the institution and any individual associated with the institution is the FDIC region in which the institution or proposed institution is or will be located; or (ii) When an institution or proposed institution that is the subject of an application, request, submittal, notice, or administrative action is or will be part of a group of related institutions, the appropriate region for the institution and any individual associated with the institution is the FDIC region in which the group's major policy and decision makers are located, or any other region the FDIC designates on a case-bycase basis. (13) Act. The term the Act shall mean the Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.). (14) Institution-affiliated party. The term institution-affiliated party shall have the same meaning as provided in section 3(u) of the Act (12 U.S.C. 1813(u)). (15) Notification to primary regulator. The term notification to primary regulator shall mean a notice required under section 8(a)(2)(A) of the Act (12 U.S.C. 1818(a)(2)(A)). (16) Section 8(a) order. The term section 8(a) order shall mean an order terminating the insured status of a depository institution under section 8(a) of the Act (12 U.S.C. 1818(a)). (17) Notice of charges. The term notice of charges shall mean a notice of charges and of hearing setting forth the allegations of unsafe or unsound practices and/or violations and fixing the time and place of the hearing issued under section 8(b) of the Act (12 U.S.C. 1818(b)). (18) Section 8(b) order and cease-anddesist order. The terms section 8(b) order and cease-and-desist order shall mean a final order to cease and desist issued under section 8(b) of the Act (12 U.S.C. 1818(b)). (19) Section 8(c) order and temporary cease-and-desist order. The terms section 8(c) order and temporary cease-and-desist order shall mean a temporary order to cease and desist issued under section 8(c) of the Act (12 U.S.C. 1818(c)). (20) Section 8(e) order. The term section 8(e) order shall mean a final order of removal or prohibition issued under section 8(e) of the Act (12 U.S.C. 1818(e)). (21) Section 8(e)(3) order and temporary order of suspension. The terms section 8(e)(3) order and temporary order of suspension shall mean a temporary order of suspension or prohibition issued under section 8(e)(3) of the Act (12 U.S.C. 1818(e)(3)). (22) Section 8(g) order. The term section 8(g) order shall mean an order of suspension or prohibition issued under section 8(g) of the Act (12 U.S.C. 1818(g)). an (23) Remote service facility. The term remote service facility shall mean automated teller machine, cash dispensing machine, point-of-sale terminal, or other remote electronic facility where deposits are received, checks paid, or money lent. (24) Notice of assessment of civil money penalties. The term notice of assessment of civil money penalties shall mean a notice of assessment of civil penalties, findings of fact and conclusions of law, and order to pay issued pursuant to sections 7(a)(1), 7(j)(15), 8(i) or 18(j) of the Act (12 U.S.C. 1817(a)(1), 1817(j)(15), 1818(i), or 1828(j)), section 106(b) of the Bank Holding Company Act (12 U.S.C. 1972), section 910(d) of the International Lending Supervision Act of 1983 (12 U.S.C. 3909), or any other provision of law providing for the assessment of civil money penalties by the FDIC. (25) Amended order to pay. The term amended order to pay shall mean an order to forfeit and pay civil money penalties, the amount of which has been changed from that assessed in the original notice of assessment of civil money penalties. (26) Book capital. The term book capital shall mean total equity capital which is comprised of perpetual preferred stock, common stock, surplus, undivided profits and capital reserves, as those items are defined in the instructions of the Federal Financial Institutions Examination Council (FFIEC) for the preparation of Consolidated Reports of Condition and Income for insured banks. (27) Tier 1 capital. The term Tier 1 capital shall have the same meaning as provided in § 325.2(m) of this chapter (12 CFR 325.2(m)). (28) Total assets. The term total assets shall have the same meaning as provided in §325.2(n) of this chapter (12 CFR 325.2(n)). (29) Adjusted Part 325 total assets. The term adjusted Part 325 total assets shall mean adjusted 12 CFR part 325 total assets as calculated and reflected in the FDIC's Reports of Examination. (30) Protest. The term protest shall include any comment from the public which raises a negative issue relative to the Community Reinvestment Act (12 U.S.C. 2901 et seq.), whether or not it is labeled a protest and whether or not a hearing is requested; however, the term protest shall not include any such comment which the appropriate regional manager determines to be frivolous, or to have been filed for competitive reasons by a financial institution, or to have been filed primarily as a means of delaying action on the application, or any comment which raises negative Community Reinvestment Act issues between the commenter and the applicant that have been resolved. (31) Standard conditions. The term standard conditions refers to conditions that any delegate may include as a matter of routine in an order approving an application, whether or not the applicant has agreed to their inclusion. The following conditions, or variations thereof, are standard conditions: (i) That the applicant has obtained all necessary and final approvals from the appropriate state authority other applicable authority; or |