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Electronic Code of Federal Regulations

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e-CFR Data is current as of September 18, 2014

Title 12Chapter IIISubchapter BPart 390


TITLE 12—Banks and Banking

CHAPTER III—FEDERAL DEPOSIT INSURANCE CORPORATION

SUBCHAPTER B—REGULATIONS AND STATEMENTS OF GENERAL POLICY

PART 390—REGULATIONS TRANSFERRED FROM THE OFFICE OF THRIFT SUPERVISION

rule

Subpart A—[RESERVED]

rule

Subpart B—REMOVALS, SUSPENSIONS, AND PROHIBITIONS WHERE A CRIME IS CHARGED OR PROVEN

§390.10
Scope.
§390.11
Definitions.
§390.12
Issuance of Notice or Order.
§390.13
Contents and service of the Notice or Order.
§390.14
Petition for hearing.
§390.15
Initiation of hearing.
§390.16
Conduct of hearings.
§390.17
Default.
§390.18
Rules of evidence.
§390.19
Burden of persuasion.
§390.20
Relevant considerations.
§390.21
Proposed findings and conclusions and recommended decision.
§390.22
Decision of the FDIC Board of Directors.
§390.23
Miscellaneous.
rule

Subpart C—RULES OF PRACTICE AND PROCEDURE IN ADJUDICATORY PROCEEDINGS

§390.30
Scope.
§390.31
Rules of construction.
§390.32
Definitions.
§390.33
Authority of the Board of Directors.
§390.34
Authority of the administrative law judge.
§390.35
Appearance and practice in adjudicatory proceedings.
§390.36
Good faith certification.
§390.37
Conflicts of interest.
§390.38
Ex parte communications.
§390.39
Filing of papers.
§390.40
Service of papers.
§390.41
Construction of time limits.
§390.42
Change of time limits.
§390.43
Witness fees and expenses.
§390.44
Opportunity for informal settlement.
§390.45
The FDIC's right to conduct examination.
§390.46
Collateral attacks on adjudicatory proceeding.
§390.47
Commencement of proceeding and contents of notice.
§390.48
Answer.
§390.49
Amended pleadings.
§390.50
Failure to appear.
§390.51
Consolidation and severance of actions.
§390.52
Motions.
§390.53
Scope of document discovery.
§390.54
Request for document discovery from parties.
§390.55
Document subpoenas to nonparties.
§390.56
Deposition of witness unavailable for hearing.
§390.57
Interlocutory review.
§390.58
Summary disposition.
§390.59
Partial summary disposition.
§390.60
Scheduling and prehearing conferences.
§390.61
Prehearing submissions.
§390.62
Public hearings.
§390.63
Hearing subpoenas.
§390.64
Conduct of hearings.
§390.65
Evidence.
§390.66
Post-hearing filings.
§390.67
Recommended decision and filing of record.
§390.68
Exceptions to recommended decision.
§390.69
Review by the Board of Directors.
§390.70
Stays pending judicial review.
§390.71
Scope.
§390.72
Appointment of Office of Financial Institution Adjudication.
§390.73
Discovery.
§390.74
Civil money penalties.
§390.75
Additional procedures.
rule

Subpart D—RULES FOR INVESTIGATIVE PROCEEDINGS AND FORMAL EXAMINATION PROCEEDINGS

§390.80
Scope of subpart.
§390.81
Definitions.
§390.82
Confidentiality of proceedings.
§390.83
Transcripts.
§390.84
Rights of witnesses.
§390.85
Obstruction of the proceedings.
§390.86
Subpoenas.
rule

Subpart E—PRACTICE BEFORE THE FDIC

§390.90
Scope of subpart.
§390.91
Definitions.
§390.92
Who may practice.
§390.93
Suspension and debarment.
§390.94
Reinstatement.
§390.95
Duty to file information concerning adverse judicial or administrative action.
§390.96
Proceeding under this subpart.
§390.97
Removal, suspension, or debarment of independent public accountants and accounting firms performing audit services.
rule

Subpart F—APPLICATION PROCESSING PROCEDURES

§390.100
What does this subpart do?
§390.101
Do the same procedures apply to all applications under this subpart?
§390.102
How does the FDIC compute time periods under this subpart?
§390.103
Must I meet with the FDIC before I file my application?
§390.104
What information must I include in my draft business plan?
§390.105
What type of application must I file?
§390.106
What information must I provide with my application?
§390.107
May I keep portions of my application confidential?
§390.108
Where do I file my application?
§390.109
What is the filing date of my application?
§390.110
How do I amend or supplement my application?
§390.111
Who must publish a public notice of an application?
§390.112
What information must I include in my public notice?
§390.113
When must I publish the public notice?
§390.114
Where must I publish the public notice?
§390.115
What language must I use in my publication?
§390.116
Comment procedures.
§390.117
Who may submit a written comment?
§390.118
What information should a comment include?
§390.119
Where are comments filed?
§390.120
How long is the comment period?
§390.121
Meeting procedures.
§390.122
When will the FDIC conduct a meeting on an application?
§390.123
What procedures govern the conduct of the meeting?
§390.124
Will FDIC approve or disapprove an application at a meeting?
§390.125
Will a meeting affect application processing time frames?
§390.126
If I file a notice under expedited treatment, when may I engage in the proposed activities?
§390.127
What will the FDIC do after I file my application?
§390.128
If the FDIC requests additional information to complete my application, how will it process my application?
§390.129
Will the FDIC conduct an eligibility examination?
§390.130
What may the FDIC require me to do after my application is deemed complete?
§390.131
Will the FDIC require me to publish a new public notice?
§390.132
May the FDIC suspend processing of my application?
§390.133
How long is the FDIC review period?
§390.134
How will I know if my application has been approved?
§390.135
What will happen if the FDIC does not approve or disapprove my application within two calendar years after the filing date?
rule

Subpart G—NONDISCRIMINATION REQUIREMENTS

§390.140
Definitions.
§390.141
Supplementary guidelines.
§390.142
Nondiscrimination in lending and other services.
§390.143
Nondiscriminatory appraisal and underwriting.
§390.144
Nondiscrimination in applications.
§390.145
Nondiscriminatory advertising.
§390.146
Equal Housing Lender Poster.
§390.147
Loan application register.
§390.148
Nondiscrimination in employment.
§390.149
Complaints.
§390.150
Guidelines relating to nondiscrimination in lending.
rule

Subpart H—[RESERVED]

rule

Subpart I—CONSUMER PROTECTION IN SALES OF INSURANCE

§390.180
Purpose and scope.
§390.181
Definitions.
§390.182
Prohibited practices.
§390.183
What you must disclose.
§390.184
Where insurance activities may take place.
§390.185
Qualification and licensing requirements for insurance sales personnel.
Appendix
Appendix A to Subpart I of Part 390—Consumer Grievance Process
rule

Subpart J—FIDUCIARY POWERS OF STATE SAVINGS ASSOCIATIONS

§390.190
What regulations govern the fiduciary operations of State savings associations?
rule

Subpart K—[RESERVED]

rule

Subpart L—ELECTRONIC OPERATIONS

§390.220
What does this subpart do?
§390.221
Must I inform FDIC before I use electronic means or facilities?
§390.222
How do I notify FDIC?
rule

Subpart M—DEPOSITS

§390.230
What does this subpart do?
§390.231
What records should I maintain on deposit activities?
rule

Subpart N—POSSESSION BY CONSERVATORS AND RECEIVERS FOR FEDERAL AND STATE SAVINGS ASSOCIATIONS

§390.240
Procedure upon taking possession.
§390.241
Notice of appointment.
rule

Subpart O—SUBORDINATE ORGANIZATIONS

§390.250
What does this subpart cover?
§390.251
Definitions.
§390.252
How must separate corporate identities be maintained?
§390.253
What notices are required to establish or acquire a new subsidiary or engage in new activities through an existing subsidiary?
§390.254
How may a subsidiary of a State savings association issue securities?
§390.255
How may a State savings association exercise its salvage power in connection with a service corporation or lower-tier entities?
rule

Subpart P—LENDING AND INVESTMENT

§390.260
General.
§390.261
[Reserved]
§390.262
Definitions.
§390.263
[Reserved]
§390.264
Real estate lending standards; purpose and scope.
§390.265
Real estate lending standards.
§390.266
[Reserved]
§390.267
Letters of credit and other independent undertakings to pay against documents.
§390.268
Investment in State housing corporations.
§390.269
Prohibition on loan procurement fees.
§390.270
Asset classification.
§390.271
Records for lending transactions.
§390.272
Re-evaluation of real estate owned.
rule

Subpart Q—DEFINITIONS FOR REGULATIONS AFFECTING ALL STATE SAVINGS ASSOCIATIONS

§390.280
When do the definitions in this subpart apply?
§390.281
Account.
§390.282
Accountholder.
§390.283
Affiliate.
§390.284
Affiliated person.
§390.285
Audit period.
§390.286
Certificate account.
§390.287
Consumer credit.
§390.288
Controlling person.
§390.289
Corporation.
§390.290
Demand accounts.
§390.291
Director.
§390.292
Financial institution.
§390.293
Immediate family.
§390.294
Land loan.
§390.295
Low-rent housing.
§390.296
Money Market Deposit Accounts.
§390.297
Negotiable Order of Withdrawal Accounts.
§390.298
Nonresidential construction loan.
§390.299
Nonwithdrawable account.
§390.300
Note account.
§390.301
[Reserved]
§390.302
Officer.
§390.303
Parent company; subsidiary.
§390.304
Political subdivision.
§390.305
Principal office.
§390.306
Public unit.
§390.307
Savings account.
§390.308
State savings association.
§390.309
Security.
§390.310
Service corporation.
§390.311
State.
§390.312
Subordinated debt security.
§390.313
Tax and loan account.
§390.314
United States Treasury General Account.
§390.315
United States Treasury Time Deposit Open Account.
§390.316
With recourse.
rule

Subpart R—REGULATORY REPORTING STANDARDS

§390.320
Regulatory reporting requirements.
§390.321
Regulatory reports.
§390.322
Audit of State savings associations.
rule

Subpart S—STATE SAVINGS ASSOCIATIONS—OPERATIONS

§390.330
Chartering documents.
§390.331
Securities: Statement of non-insurance.
§390.332
Merger, consolidation, purchase or sale of assets, or assumption of liabilities.
§390.333
Advertising.
§390.334
Directors, officers, and employees.
§390.335
Tying restriction exception.
§390.336
Employment contracts.
§390.337
Transactions with affiliates.
§390.338
Loans by State savings associations to their executive officers, directors, and principal shareholders.
§390.339
Pension plans.
§390.340
Offers and sales of securities at an office of a State savings association.
§390.341
Inclusion of subordinated debt securities and mandatorily redeemable preferred stock as supplementary capital.
§390.342
Capital distributions by State savings associations.
§390.343
What is a capital distribution?
§390.344
Definitions applicable to capital distributions.
§390.345
Must I file with the FDIC?
§390.346
How do I file with the FDIC?
§390.347
May I combine my notice or application with other notices or applications?
§390.348
Will the FDIC permit my capital distribution?
§390.349
Management and financial policies.
§390.350
Examinations and audits; appraisals; establishment and maintenance of records.
§390.351
Frequency of safety and soundness examination.
§390.352
Financial derivatives.
§390.353
Interest-rate-risk-management procedures.
§390.354
Procedures for monitoring Bank Secrecy Act (BSA) compliance.
§390.355
Suspicious Activity Reports and other reports and statements.
§390.356
Bonds for directors, officers, employees, and agents; form of and amount of bonds.
§390.357
Bonds for agents.
§390.358
Conflicts of interest.
§390.359
Corporate opportunity.
§390.360
Change of director or senior executive officer.
§390.361
Applicable definitions.
§390.362
Who must give prior notice?
§390.363
What procedures govern the filing of my notice?
§390.364
What information must I include in my notice?
§390.365
What procedures govern the FDIC's review of my notice for completeness?
§390.366
What standards and procedures will govern the FDIC review of the substance of my notice?
§390.367
When may a proposed director or senior executive officer begin service?
§390.368
When will the FDIC waive the prior notice requirement?
rule

Subpart T—ACCOUNTING REQUIREMENTS

§390.380
Form and content of financial statements.
§390.381
Definitions.
§390.382
Qualification of public accountant. (See also 17 CFR 210.2-01.)
§390.383
Condensed financial information [Parent only].
§390.384
Financial statements for conversions, SEC filings, and offering circulars.
rule

Subpart U—SECURITIES OF STATE SAVINGS ASSOCIATIONS

§390.390
Requirements under certain sections of the Securities Exchange Act of 1934.
§390.391
[Reserved]
§390.392
Liability for certain statements by State savings associations.
§390.393
Form and content of financial statements.
§390.394
Interpretations related to SEC filings.
§390.395
Description of business.
rule

Subpart V—MANAGEMENT OFFICIAL INTERLOCKS

§390.400
Authority, purpose, and scope.
§390.401
Definitions.
§390.402
Prohibitions.
§390.403
Interlocking relationships permitted by statute.
§390.404
Small market share exemption.
§390.405
General exemption.
§390.406
Change in circumstances.
§390.407
Enforcement.
§390.408
Interlocking relationships permitted pursuant to Federal Deposit Insurance Act.
rule

Subpart W—SECURITIES OFFERINGS

§390.410
Definitions.
§390.411
Offering circular requirement.
§390.412
Exemptions.
§390.413
Non-public offering.
§390.414
Filing and signature requirements.
§390.415
Effective date.
§390.416
Form, content, and accounting.
§390.417
Use of the offering circular.
§390.418
Escrow requirement.
§390.419
Unsafe or unsound practices.
§390.420
Withdrawal or abandonment.
§390.421
Securities sale report.
§390.422
Public disclosure and confidential treatment.
§390.423
Waiver.
§390.424
Requests for interpretive advice or waiver.
§390.425
Delayed or continuous offering and sale of securities.
§390.426
Sales of securities at an office of a State savings association.
§390.427
Current and periodic reports.
§390.428
Approval of the security.
§390.429
Form for securities sale report.
§390.430
Filing of copies of offering circulars in certain exempt offerings.
rule

Subpart X—APPRAISALS

§390.440
Authority, purpose, and scope.
§390.441
Definitions.
§390.442
Appraisals required; transactions requiring a State certified or licensed appraiser.
§390.443
Minimum appraisal standards.
§390.444
Appraiser independence.
§390.445
Professional association membership; competency.
§390.446
Enforcement.
§390.447
Appraisal policies and practices of State savings associations and subsidiaries.
rule

Subpart Y—PROMPT CORRECTIVE ACTION

§390.450
Authority, purpose, scope, other supervisory authority, and disclosure of capital categories.
§390.451
Definitions.
§390.452
Notice of capital category.
§390.453
Capital measures and capital category definitions.
§390.454
Capital restoration plans.
§390.455
Mandatory and discretionary supervisory actions under section 38.
§390.456
Directives to take prompt corrective action.
§390.457
Procedures for reclassifying a State savings association based on criteria other than capital.
§390.458
Order to dismiss a director or senior executive officer.
§390.459
Enforcement of directives.
rule

Subpart Z—CAPITAL

§390.460
Scope.
§390.461
Definitions.
§390.462
Minimum regulatory capital requirement.
§390.463
Individual minimum capital requirements.
§390.464
Capital directives.
§390.465
Components of capital.
§390.466
Risk-based capital credit risk-weight categories.
§390.467
Leverage ratio.
§390.468
Tangible capital requirement.
§390.469
Consequences of failure to meet capital requirements.
§390.470
Reservation of authority.
§390.471
Purchased credit card relationships, servicing assets, intangible assets (other than purchased credit card relationships and servicing assets), credit-enhancing interest-only strips, and deferred tax assets.
Appendix
Appendix A to Subpart Z of Part 390—Risk-Based Capital Requirements—Internal-Ratings-Based and Advanced Measurement Approaches


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