C.F.R. » Title 12 » CHAPTER I—COMPTROLLER OF THE CURRENCY, DEPARTMENT OF THE TREASURY › PART 5—RULES, POLICIES, AND PROCEDURES FOR CORPORATE ACTIVITIES › Subpart A—Rules of General Applicability

12 C.F.R. § 5.4

Filing required

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(a) Filing. A depository institution must file an application or notice with the OCC to engage in corporate activities and transactions as described in this part.

(b) Availability of forms. Forms and instructions for filing are available at www.occ.gov.

(c) Other agency's applications or filings. At the request of the filer, the OCC may accept an application or other filing submitted to another Federal agency that covers the proposed action or transaction and contains substantially the same information as required by the OCC. The OCC also may require the filer to submit supplemental information.

(d) Where to file. A filer should address a filing or other submission under this part to the appropriate OCC licensing office or appropriate OCC supervisory office, unless the OCC advises a filer otherwise. Relevant addresses are listed on www.occ.gov.

(e) Incorporation of other material. A filer may incorporate any material contained in any other application or filing filed with the OCC or other Federal agency by reference, provided that the material is attached to the application and is current and responsive to the information requested by the OCC. The filing must clearly indicate that the information is so incorporated and include a cross-reference to the information incorporated.

(f) Prefiling meeting. Before submitting a filing to the OCC, a potential filer is encouraged to contact the appropriate OCC licensing office to determine the need for a prefiling meeting. The OCC decides whether to require a prefiling meeting on a case-by-case basis. Submission of a draft business plan or other relevant information before any prefiling meeting may expedite the filing review process. A potential filer considering a novel, complex, or unique proposal is encouraged to contact the appropriate OCC licensing office to schedule a prefiling meeting early in the development of its proposal for the early identification and consideration of policy issues. Information on model business plans can be found in the Comptroller's Licensing Manual.

(g) Certification. A filer must certify that any filing or supporting material submitted to the OCC contains no material misrepresentations or omissions. The OCC may review and verify any information filed in connection with a notice or an application. Any person responsible for any material misrepresentation or omission in a filing or supporting materials may be subject to enforcement action and other penalties, including criminal penalties provided in 18 U.S.C. 1001.

[80 FR 28414, May 18, 2015, as amended at 85 FR 80435, Dec. 11, 2020]
Notes of Decisions
Cited in 8 cases, 1972–1978 · leading case: Camp v. Pitts, 411 U.S. 138 (1973).
Sort: Relevance Newest Treatment
Camp v. Pitts, 411 U.S. 138 (1973). “For the present regulation, see 12 CFR §5.4 (1972). 2 The letter reads in part: “On each application we endeavor to develop the need and convenience factors in conjunction with all other banking factors and in this case we were unable to reach a favorable conclusion as to the…”
United States v. The J. B. Williams Co., Inc., & Parkson Advert. Agency, Inc., 498 F.2d 414 (2d Cir. 1974). · cites it 2× “12(d) (1967) and 12 C.F.R. 5.4, with 16 C.F.R. 3.61 and United States v.”
First Nat'l Bank of Fayetteville v. Smith, 508 F.2d 1371 (8th Cir. 1974). · cites it 2× “12 C.F.R. § 5.4 (1974). . The procedure followed at the hearing was governed by 12 C.”
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). “” 12 C.F.R. § 5.4 (1972). 3 . The Comptroller’s regulations at the times relevant here permitted wide latitude in setting these hearing procedures and in conducting hearings; 12 C.”
First Nat'l Bank of Fayetteville v. Smith, 365 F. Supp. 898 (W.D. Ark. 1973). “In addition to the fact that the letters were received after the comment period provided in 12 C.F.R. 5.4, the public hearing disclosed that at least one of the letters was not authentic.”
Sec. Bank & Trust Co. v. Heimann, 452 F. Supp. 776 (M.D.N.C. 1978). “12 C.F.R. §§ 5.4 and 5.5 provide that an opportunity to be heard may be requested and shall be provided if requested.”
State Bank of Coloma v. Smith, 404 F. Supp. 1306 (W.D. Mich. 1975). “Upon receipt of the notice of defendant bank’s application, plaintiff bank registered its objections and requested, first, an interview, and later a public hearing, pursuant to 12 C.F.R. § 5.4 . This latter request was approved by the Regional Administrator on August 26, 1974…”
First Nat'l Bank Of Fayetteville v. James E. Smith, 508 F.2d 1371 (1st Cir. 1975). “12 C.F.R. 5.4 (1974) 10 The procedure followed at the hearing was governed by 12 C.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.