12 C.F.R. § 309.7

Service of process

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(a) Service. Any subpoena or other legal process to obtain information maintained by the FDIC shall be duly issued by a court having jurisdiction over the FDIC, and served upon either the Executive Secretary (or designee), FDIC, 550 17th Street, NW., Washington, DC 20429, or the Regional Director or Regional Manager of the FDIC region where the legal action from which the subpoena or process was issued is pending. A list of the FDIC's regional offices is available from the Office of Public Affairs, FDIC, 550 17th Street, NW., Washington, DC 20429 (telephone 202-898-6996). Where the FDIC is named as a party, service of process shall be made pursuant to the Federal Rules of Civil Procedure, and upon the Executive Secretary (or designee), FDIC, 550 17th Street NW., Washington, DC 20429, or upon the agent designated to receive service of process in the state, territory, or jurisdiction in which any insured depository institution is located. Identification of the designated agent in the state, territory, or jurisdiction may be obtained from the Executive Secretary or from the Office of the General Counsel, FDIC, 550 17th Street NW., Washington, DC 20429. The Executive Secretary (or designee), Regional Director or designated agent shall immediately forward any subpoena, court order or legal process to the General Counsel. The Corporation may require the payment of fees, in accordance with the fee schedule referred to in § 309.5(c)(3), prior to the release of any records requested pursuant to any subpoena or other legal process.

(b) Notification by person served. If any current or former officer, director, employee or agent of the Corporation, or any other person who has custody of records belonging to the FDIC, is served with a subpoena, court order, or other process requiring that person's attendance as a witness concerning any matter related to official duties, or the production of any exempt record of the Corporation, such person shall promptly advise the General Counsel of such service, of the testimony and records described in the subpoena, and of all relevant facts which may be of assistance to the General Counsel in determining whether the individual in question should be authorized to testify or the records should be produced. Such person should also inform the court or tribunal which issued the process and the attorney for the party upon whose application the process was issued, if known, of the substance of this section.

(c) Appearance by person served. Absent the written authorization of the Corporation's General Counsel, or designee, to disclose the requested information, any current or former officer, director, employee, or agent of the Corporation, and any other person having custody of records of the Corporation, who is required to respond to a subpoena or other legal process, shall attend at the time and place therein specified and respectfully decline to produce any such record or give any testimony with respect thereto, basing such refusal on this section.

[60 FR 61465, Nov. 30, 1995, as amended at 67 FR 71071, Nov. 29, 2002]

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 2000–2024 · leading case: George Dernis v. Amos Fin., 701 F. App'x 449 (6th Cir. 2017).

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George Dernis v. Amos Fin., 701 F. App'x 449 (6th Cir. 2017). · cites it 4× “12 C.F.R. § 309.7 (a). 2 Based on a straightforward reading of Wilson , it follows that the Den-nises were not required to comply with Rule 4(i)’s service requirements when litigating in Michigan state court simply because the FDIC’s regulation required such compliance.”

Burkett v. Resolution Trust Corp., 757 So. 2d 819 (La. Ct. App. 2000). “Therein defendant argued that they had a registered agent for service of process listed in the Code of Federal Regulations ( 12 C.F.R. § 309.7 ) and it was not the former employee upon whom or the address where plaintiff attempted service.”

Silicon Valley Bank (Cayman Islands Branch) & Michael Pearson (Bankr. S.D.N.Y. 2024). “in response to a valid judicial subpoena, court order, or other legal process”); 12 C.F.R. § 309.7 (c) (indicating that the FDIC may not provide the requested information or testimony absent authorization from its general counsel).”

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