12 C.F.R. § 5.1
Scope
This part establishes rules, policies and procedures of the Office of the Comptroller of the Currency (OCC) for corporate activities and transactions involving national banks and Federal savings associations. It contains information on rules of general and specific applicability, where and how to file, and requirements and policies applicable to filings. This part also establishes the corporate filing procedures for Federal branches and agencies of foreign banks.
Notes of Decisions
Cited in 13
cases, 1972–2011 · leading case: Indep. Bankers Ass'n of Am. v. Smith, 534 F.2d 921 (D.C. Cir. 1976).
Indep. Bankers Ass'n of Am. v. Smith, 534 F.2d 921 (D.C. Cir. 1976). “Section 36(f) provides as follows: The term “branch” as used in this section shall be held to include any branch bank, branch office, branch agency, additional office, or any branch place of business located in any State or Territory of the United States or in the District of…”
First Nat'l Bank of Fair-Banks v. William B. Camp, Comptroller of the Currency of the United States, 465 F.2d 586 (1st Cir. 1972). “6888, 12 C.F.R. §§ 5.1 -.14 (1972), a more formal hearing procedure was implemented by the Comptroller, under which hearings are to be held upon the request of “any interested person,” or, in the absence of such a request, upon the order of the Comptroller or a Regional…”
State Bank of Fargo v. Merchants Nat. Bank & Trust, 451 F. Supp. 775 (D.N.D. 1978). “elfare of the people of the community and area served when reviewing an application by a national bank to establish and operate a CBCT branch in North Dakota, nor is he required to consider whether other banks will be seriously injured by the approval of the application, each of…”
Grayson Servs., Inc. v. Wells Fargo Bank, 199 Cal. App. 4th 563 (Cal. Ct. App. 2011). “” ( 12 C.F.R. § 5.1 (2011).) The numerous references to “corporate activities” of a national bank indicate that the OCC regards a national bank as a corporate entity or its equivalent.”
Wood Cnty. Bank v. Camp, 348 F. Supp. 1321 (D.D.C. 1972). “) since he is not necessarily required to hold hearings on applications such as the one in the case at bar, he is nevertheless, required to meet certain requirements of procedural due process once a public hearing has been granted.”
Wells Fargo Bank N.A. v. Boutris, 419 F.3d 949 (9th Cir. 2005). “Wells Fargo’s position throughout this litigation has been that the Commissioner cannot require an audit because the relevant provisions of California law from which any such authority derives are preempted by federal laws and regulations — specifically, by the Bank Act, the…”
Merchants & Planters Bank of Newport, Arkansas v. Smith, 380 F. Supp. 354 (E.D. Ark. 1974). “The alternative application, which was granted, was submitted after an administrative hearing on the original application had been held as provided by 12 CFR, section 5.1 et seq. When the protestants were notified of the filing of the alternative application, they objected to…”
North Dakota v. Merchants Nat'l Bank & Trust Co., 634 F.2d 368 (8th Cir. 1980). “See 12 C.F.R. § 5.1 (1980). These rules provide for local notice of all applications, the compilation of an administrative file open to the public, the right of any interested person to submit written comments and to obtain a hearing upon request, and, if a hearing is held, the…”
Bank of Com., a State Chartered Com. Bank v. James E. Smith, Comptroller of the Currency of the United States, 513 F.2d 167 (10th Cir. 1975). “§§ 27 , 30, and 36, and with 12 C.F.R. 5.1. The investigation followed, and the Regional Administrator held a hearing on the application.”
Sec. Bank & Trust Co. v. Heimann, 452 F. Supp. 776 (M.D.N.C. 1978). “For authority authorizing the Comptroller to dispatch a National Bank Examiner to conduct this type investigation see 12 C.F.R. § 5.1 . Counsel for Security contends that the manner in which the Bank Examiner was assigned to this task was basically unfair.”
Fisher v. Steelville Cmty. Banc-shares, Inc., 713 S.W.2d 850 (Mo. Ct. App. 1986). “§ 215a and 12 C.F.R. § 5.1 et seq. (1986). The second motion sought a summary judgment for those same reasons.”
Pioneer First Fed. Sav. & Loan Ass'n v. Pioneer Nat'l Bank, 637 P.2d 661 (Wash. Ct. App. 1981). “12 C.F.R. § 5.1 (1976). 2 The regulations provide that an applicant must publish in a newspaper of general circulation in the community in which .”
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