OCC 97-7 Subject: Certification of National Bank Documents Description: New Procedures for Requesting Certification TO: Chief Executive Officers of All National Banks, All Examining Personnel, and Department and Division Heads PURPOSE The Communications Division recently assumed the task of certifying national bank documents. Document certification was formerly done by the Bank Organization and Structure Division. The purpose of this bulletin is to inform national bank management of the requirements necessary to request certified documents from the Office of the Comptroller of the Currency (OCC). TYPES OF CERTIFICATIONS PROVIDED 1. Certification of Corporate Existence a one-page document that states that a specific national bank (legal name, location, and charter number) holds a valid certificate to transact the business of banking on the date of the certification. 2. Certification of Charter a one-page document that states that a true and complete copy of the national bank's charter certificate is attached. 3. Certification of Corporate Title Change a one-page document that states that a true and complete copy of the national bank's title change document is attached. 4. Certification of Articles of Association a one-page document that states that a true and complete copy of the national bank's articles of association is attached. 5. Certification of Merger a one-page document that states that a true and complete copy of the national bank's official merger certification is attached. 6. Certification of Fiduciary Powers a one-page document that states that a specific national bank holds fiduciary powers on the date of the certification. 7. Certification of Declaration of Insolvency a one-page document that states that a true and complete copy of a declaration of insolvency and appointment of the Federal Deposit Insurance Corporation as receiver of a failed national bank is attached. Since the OCC does not require national banks to file bylaws and amendments thereto, the OCC cannot certify these documents. DISCUSSION The certification process involves a search of files maintained in the Comptroller's Office. Particular attention must be given to structural changes brought about by mergers, purchase and assumption transactions, consolidations, corporate title changes, amendments to articles of association, and the establishment of branches. Each request for a certification requires: locating a particular bank's file, researching that file for documents that have been requested, removing and duplicating the documents, and preparing the certification that carries the seal of the Comptroller's Office. Because of the extensive research required to identify and prepare documents for certification, the OCC is unable to prepare documents to meet unreasonably short deadlines. The OCC will process most certification requests within 10 business days from the date it receives the request. PROCEDURES Individuals requiring certified documents should submit their requests to: Comptroller of the Currency ATTN: Disclosure Officer Communications Division Mail Stop 3-2 Washington, DC 20219 or by facsimile to (202) 874-5263. Requests may also be submitted electronically to FOIA-PA@occ.treas.gov. If the same request is sent more than once (for example, once by facsimile and once by U. S. mail), the requester will be charged for each certification. Requests must state the type of certification sought and the name and city and state location of the bank for which the certification is being requested. Requesters will get faster service if they include the OCC charter number of the bank. Upon receipt of a request, the OCC will research and prepare the certification and respond within 10 business days. An invoice for fees arising from the request will be included with the certification. The OCC cannot accept telephone requests for certifications, and cannot provide oral certification of a bank's corporate existence. FEES The fees for processing certifications are established in accordance with 12 CFR 5.5. Each year the fees are published in the issuance "Notice of the Comptroller of the Currency Fees." As of January 1, 1997, the standard fee is $100 per document, plus $10 for each copy of the same document. All requests for return by express mail must include a prepaid, preaddressed express mail envelope marked for billing to a valid account number. That envelope will be used to return the certification. An additional fee may be assessed for requests requiring extensive research. FOR FURTHER INFORMATION Questions concerning this issuance may be directed to Frank D. Vance Jr., Disclosure Officer, Communications Division at (202) 874-4700. Matthew Roberts Senior Deputy Comptroller for Public Affairs Date: January 17, 1997