§ 263.50 - Purpose and scope.  


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  • § 263.50 Purpose and scope.

    (a) This subpart prescribes the rules of practice and procedure governing formal adjudications set forth in § 263.50 paragraph (b) of this subpartsection, and supplements the rules of practice and procedure contained in subpart A of this part.

    (b) The rules and procedures of this subpart and subpart A of this part shall will apply to the formal adjudications set forth in § 263.1 of subpart A and to the following adjudications:

    (1) Suspension of a member bank from use of credit facilities of the Federal Reserve System under section 4 of the FRA (12 U.S.C. 301);

    (2) Termination of a bank's membership in the Federal Reserve System under section 9 of the FRA (12 U.S.C. 327);

    (3) Issuance of a cease-and-desist order under section 11 of the Clayton Act (15 U.S.C. 21);

    (4) Adjudications under sections 2, 3, or 4 of the BHC Act (12 U.S.C. 1841, 1842, or 1843);

    (5) Formal adjudications on bank merger applications under section 18(c) of the FDIA (12 U.S.C. 1828(c));

    (6) Issuance of a divestiture order under section 5(e) of the BHC Act (12 U.S.C. 1844(e));

    (7) Imposition of sanctions upon any municipal securities dealer for which the Board is the appropriate regulatory agency, or upon any person associated or seeking to become associated with such a municipal securities dealer, under section 15B(c)(5) of the Exchange Act (15 U.S.C. 78o-4);

    (8) Proceedings where the Board otherwise orders that a formal hearing be held;

    (9) Termination of the activities of a state branch, state agency, or commercial lending company subsidiary of a foreign bank in the United States, pursuant to section 7(e) of the IBA (12 U.S.C. 3105(d));

    (10) Termination of the activities of a representative office of a foreign bank in the United States, pursuant to section 10(b) of the IBA (12 U.S.C. 3107(b));

    (11) Issuance of a prompt corrective action directive to a member bank under section 38 of the FDI Act (12 U.S.C. 1831o);

    (12) Reclassification of a member bank on grounds of unsafe or unsound condition under section 38(g)(1) of the FDI Act (12 U.S.C. 1831o(g)(1));

    (13) Reclassification of a member bank on grounds of unsafe and unsound practice under section 38(g)(1) of the FDI Act (12 U.S.C. 1831o(g)(1));

    (14) Issuance of an order requiring a member bank to dismiss a director or senior executive officer under section 38 (e)(5) and 38(f)(2) (F)(ii) of the FDI Act (12 U.S.C. 1831o(e)(5) and 1831o(f)(2) (F)(ii)); and

    (15) Adjudications under section 10 of the HOLA (12 U.S.C. 1467a).

    [56 FR 38052, Aug. 9, 1991, as amended at 57 FR 13001, Apr. 15, 1992; 57 FR 44888, Sept. 29, 1992; 76 FR 56603, Sept. 13, 2011]