Office of Thrift Supervision

Delegations

Applications or notices not listed below may be processed solely by the regional office. If OTS later deems any such filings to present such issues of law or policy, the regional office will notify you that your submission must be concurrently processed by the OTS Washington office and direct you to file the appropriate number of copies with Washington.
OTS considers the following applications to contain an issue of law or policy that requires concurrent processing by the regional office and Washington, and are non-delegated. If you are filing any application listed below, please submit the appropriate number of copies of your filing with the applicable OTS regional office and Washington.

• Acquisition of control regulations, 12 C.F.R. Part 574, the Bank Merger Act, 12 U.S.C. § 1828(c), or the transfer of assets regulations, 12 C.F.R. § 563.22(c), that involve:

1. Foreign acquirors, insurance or investment companies, pension funds, investment advisors, securities firms, diversified, conglomerate, manufacturing or industrial companies, public utilities, and credit unions, that have not previously received OTS approval under Part 574;
2. Qualified stock issuances under 12 C.F.R. § 574.8;
3. Material waivers of the required provisions for standard rebuttal of control or rebuttal of action in concert filings;
4. Hostile or contested acquisitions, opposition proxy solicitations or other potential acquisitions where there is a competing acquirer;
5. Transactions raising significant competitive factors issues, including transactions in which the Department of Justice, Federal Trade Commission, or a Federal banking agency, object s to based upon the competitive impact of the proposed transaction.

• Applications under Part 559 of the OTS regulations to engage in service corporation activities that OTS has not previously approved; to engage in functionally regulated    activities (other than insurance agency, securities brokerage and mortgage reinsurance for loans originated by the savings association or an affiliate); or to engage in foreign activities or establish foreign subsidiaries;

• Applications requesting waivers of OTS regulations or OTS policy as set forth in OTS bulletins or memorandums;

• De novo applications under 12 C.F.R. § 543.3 involving organizer types identified in 1 above, involving a private placement or a public offering to raise capital; involving a business plan that does not project a community based retail institution; involving noncash contributions; or involving a business strategy that proposes reliance on affiliates for the acquisition of assets or for marketing or distribution of banking products;

• Applications to materially expand the scope of business activities of a limited purpose thrift;

• Unique or novel branch applications;

• Applications where public comments are submitted pursuant to 12 C.F.R. Part 516 Subpart C requesting denial of the application;

• Applications under 12 C.F.R. § 543.8 for conversion of a credit union to a federal mutual savings association;

• Charter and bylaw amendments with non-routine anti-takeover provisions or non-standard indemnification provisions;

• Management Interlock exceptions under 12 C.F.R. Part 563f;

• Applications under 12 C.F.R. Part 575, and related applications, except for applications filed pursuant to § 575.11(a) that involve subsidiaries that are wholly-owned by the savings association, and applications filed pursuant to § 575.11(d) involving MHC dividend waivers;

• Mutual to stock conversion applications filed under 12 C.F.R. Part 563b;

• Applications to repurchase stock under extraordinary circumstances under 12 C.F.R. § 563b.510(a)(1);

• Applications to acquire more than ten percent of any class of stock of a savings association within three years from the date of its conversion to stock under subsection 12 C.F.R. § 563b.525(a);

• Applications by or involving persons subject to a pending notice of charges or formal investigation;

• Applications involving a non-cash capital contribution that requires OTS approval pursuant to an exemption under Regulation W;

• Modification or revocation of any condition of approval imposed on an application that was not approved on a delegated basis;

• Applications involving leveraged buyouts;

• Applications for voluntary dissolution submitted by a federal mutual savings association; and,

• Prohibited service applications under 12 C.F.R. Part 585.