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Code of Federal Regulations (Last Updated: May 6, 2024) |
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Title 12 - Banks and Banking |
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Chapter III - Federal Deposit Insurance Corporation |
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SubChapter B - Regulations and Statements of General Policy |
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Part 390 - Regulations Transferred from the Office of Thrift Supervision |
| Subpart A - Restrictions on Post-Employment Activities of Senior Examiners |
| § 390.1 - What does this subpart do? |
| § 390.2 - Who is a senior examiner? |
| § 390.3 - What post-employment restrictions apply to senior examiners? |
| § 390.4 - When will the FDIC waive the post-employment restrictions? |
| § 390.5 - What are the penalties for violating the post-employment restrictions? |
| Subparts A--E - XXX |
| SubpArts A--P - XXX |
| 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. |
| 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. |
| 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. |
| 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. |
| 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? |
| 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. |
| Subpart H - I |
| § 390.160 - Purpose and scope of this subpart. |
| § 390.161 - Definition of covered agreement. |
| § 390.162 - CRA communications. |
| § 390.163 - Fulfillment of the CRA. |
| § 390.164 - Related agreements considered a single agreement. |
| § 390.165 - Disclosure of covered agreements. |
| § 390.166 - Annual reports. |
| § 390.167 - Release of information under FOIA. |
| § 390.168 - Compliance provisions. |
| § 390.169 - [Reserved] |
| § 390.170 - Other definitions and rules of construction used in this subpart. |
| Subparts H--I - XXX |
| Subparts H--L - XXX |
| Subparts H--N - XXX |
| 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 A to Subpart I of Part 390 - Consumer Grievance Process |
| Subpart J - Fiduciary Powers of State Savings Associations |
| § 390.190 - What regulations govern the fiduciary operations of State savings associations? |
| Subpart K - Recordkeeping and Confirmation Requirements for Securities Transactions |
| § 390.200 - What does this subpart do? |
| § 390.201 - Must I comply with this subpart? |
| § 390.202 - What requirements apply to all transactions? |
| § 390.203 - What definitions apply to this subpart? |
| § 390.204 - What records must I maintain for securities transactions? |
| § 390.205 - How must I maintain my records? |
| § 390.206 - What type of notice must I provide when I effect a securities transaction for a customer? |
| § 390.207 - How do I provide a registered broker-dealer confirmation? |
| § 390.208 - How do I provide a written notice? |
| § 390.209 - What are the alternate notice requirements? |
| § 390.210 - May I provide a notice electronically? |
| § 390.211 - May I charge a fee for a notice? |
| § 390.212 - When must I settle a securities transaction? |
| § 390.213 - What policies and procedures must I maintain and follow for securities transactions? |
| § 390.214 - How do my officers and employees file reports of personal securities trading transactions? |
| Subparts K--L - XXX |
| 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? |
| Subpart M - Deposits |
| § 390.230 - What does this subpart do? |
| § 390.231 - What records should I maintain on deposit activities? |
| Subpart N - XXX |
| § 390.240 - Procedure upon taking possession. |
| § 390.241 - Notice of appointment. |
| 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? |
| 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. |
| 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. |
| Subpart R - Regulatory Reporting Standards |
| § 390.320 - Regulatory reporting requirements. |
| § 390.321 - Regulatory reports. |
| § 390.322 - Audit of State savings associations. |
| Subparts R--V - XXX |
| 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 - [Reserved] |
| § 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? |
| 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. |
| 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. |
| SUbparts U--V - XXX |
| 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. |
| 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. |
| Subpart X - Z |
| § 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. |
| Subpart X-Z - [Reserved] |
| 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. |
| §§ 390.450--390.455 - [Reserved] |
| § 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. |
| 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. |
| Appendix A to Subpart Z of Part 390 - Risk-Based Capital Requirements - Internal-Ratings-Based and Advanced Measurement Approaches |