OCC 2004-8
OCC Bulletin

Subject:      Amendment to Part 5
Description:  Final Rule

Date:         February 3, 2004 

TO:  Chief Executive Officers and Compliance Officers of All National 
     Banks, Federal Branches and Agencies, Department and Division Heads, 
     and All Examining Personnel

The Office of the Comptroller of the Currency (OCC) published the 
attached final rule in the Federal Register on January 2, 2004, amending 
its rules, policies, and procedures for corporate activities.  The final 
rule adopts without change an interim rule that was published on April 
14, 2003.  Because the Federal Register did not repeat the regulation 
text, a copy is attached for your convenience.  The effective date of the 
final rule is February 2, 2004.  

Electronic Filings  

The final rule amends 12 CFR 5.2 to expressly provide that the OCC may 
permit national banks to make any class of filings electronically and 
refers national banks to the Comptroller’s Licensing Manual to find 
information about the filings that are available for electronic submission.

Through the OCC’s National BankNet Web site, national banks may submit 
electronically certain types of corporate filings to the OCC for approval.  
Currently those filings include separate applications to:  establish a 
branch, relocate a branch, relocate a main office within a 30-mile radius 
(within current city, town, or village limits), and relocate a main office 
within a 30-mile radius (outside current city, town, or village limits).  
Five notices were added earlier this year, including notification of 
change of corporate title; notification of change of main office address; 
official 90-day advance branch closing and downgrade notice; final branch 
closing, consolidation, relocation, or downgrade notice; and notification 
of main office relocation to an existing branch.  

Other Changes to Part 5  

The final rule amends section 5.2(b), which provides that, after giving 
appropriate notice to the applicant and, at the OCC’s discretion, to 
others, the OCC may adopt materially different procedures for a 
particular filing, or a class of filings, in exceptional circumstances, 
such as natural disasters or unusual transactions.  The example of natural 
disasters may be misleading and has been removed.  Thus, section 5.2(b) 
simply permits the OCC to adopt materially different procedures in 
exceptional circumstances or for unusual transactions.  The final rule 
also makes technical changes to section 5.2 to reflect the recent 
replacement of the Comptroller’s Corporate Manual with the Comptroller’s 
Licensing Manual and to inform national banks that the manual is available 
on the OCC’s Internet Web site.

For further information, contact Jean Campbell, attorney, Legislative and 
Regulatory Activities Division at (202) 874-5090; or Darrell Sheets, 
licensing data manager, Licensing, Policy and Systems Division at 
(202) 874-5060.



__________________________________________ 
Julie L. Williams
First Senior Deputy Comptroller and Chief Counsel


Attachments – 69 FR 1
	      [http://www.occ.treas.gov/fr/fedregister/69fr1.pdf]

	      For text of regulation, see:
	      [http://www.occ.treas.gov/fr/fedregister/68fr17890.pdf]