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2000 - Rules and Regulations

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PART 360—RESOLUTION AND RECEIVERSHIP RULES
    Sec.
    
360.1    Least-cost resolution.
    360.2    Federal Home Loan banks as secured creditors.
    360.3    Priorities.
    360.4    Administrative expenses.
    360.5    Definition of qualified financial contracts.
    360.6    Treatment by the Federal Deposit Insurance Corporation as conservator or receiver of financial assets transferred in connection with a securitization or participation.
    360.7    Post-insolvency interest.
    360.8    Method for determining deposit and other liability account balances at a failed insured depository institution.
    360.9    Large-bank deposit insurance determination modernization.

Appendix A to Part 360—Non-Monetary Transaction File Structure
Appendix B to Part 360—Debit/Credit File Structure
Appendix C to Part 360—Deposit File Structure
Appendix D to Part 360—Sweep/Automated Credit Account File Structure
Appendix E to Part 360—Hold File Structure
Appendix F to Part 360—Customer File Structure
Appendix G to Part 360—Deposit-Customer Join File Structure
Appendix H to Part 360—Possible File Combinations for Deposit Data

  AUTHORITY:  12 U.S.C. 1821(d)(1), 1821(d)(10)(C), 1821(d)(11), 1821(e)(1), 1821(e)(8)(D)(i), 1823(c)(4), 1823(e)(2); Sec. 401(h), Pub. L. 101--73, 103 Stat. 357.
  SOURCE:  The provisions of this Part 360 appear at 55 Fed. Reg. 46496, November 5, 1990, except as otherwise noted.

§ 360.1  Least-cost resolution.

  (a)  General rule. Except as provided in section 13(c)(4)(G) of the FDI Act (
12 U.S.C. 1823(c)(4)(G)), the FDIC shall not take any action, directly or indirectly, under sections 13(c), 13(d), 13(f), 13(h) or 13(k) of the FDI Act (12 U.S.C. 1823(c), (d), (f), (h) or (k)) with respect to any insured depository institution that would have the effect of increasing losses to any insurance fund by protecting:
    (1)  Depositors for more than the insured portion of their deposits (determined without regard to whether such institution is liquidated); or
    (2)  Creditors other than depositors.
  (b)  Purchase and assumption transactions. Subject to the requirement of section 13(c)(4)(A) of the FDI Act (12 U.S.C. 1823(c)(4)(A)), paragraph (a) of this section shall not be construed as prohibiting the FDIC from allowing any person who acquires any assets or assumes any liabilities of any insured depository institution, for which the FDIC has been appointed conservator or receiver, to acquire uninsured deposit liabilities of such institution as long as the applicable insurance fund does not incur any loss with respect to such uninsured deposit liabilities in an amount greater than the loss which would have been incurred with respect to such liabilities if the institution had been liquidated.

[Codified to 12 C.F.R. § 360.1]

[Section 360.1 added at 58 Fed. Reg. 67664, December 22, 1993, effective January 21, 1994; 63 Fed. Reg. 37761, July 14, 1998, effective August 13, 1998]


§ 360.2  Federal Home Loan banks as secured creditors.

  (a)  Notwithstanding any other provisions of federal or state law or any other provisions of these regulations, the receiver of a borrower from a Federal Home Loan bank shall recognize the priority of any security interest granted to a Federal Home Loan bank by any member of any Federal Home Loan bank or any affiliate of any such member, whether such security interest is in specifically designated assets or a blanket interest in all assets or categories of assets, over the claims and rights of any other party (including any receiver,conservator, trustee or similar party having rights of a lien creditor) other than claims and rights that
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    (1)  Would be entitled to priority under otherwise applicable law; and
    (2)  Are held by actual bona fide purchasers for value or by actual secured parties that are secured by actual perfected security interests.
  (b)  If the receiver rather than the bank shall have possession of any collateral consisting of notes, securities, other instruments, chattel paper or cash securing advances of the bank, the receiver shall, upon request by the bank, promptly deliver possession of such collateral to the bank or its designee.
  (c)  In the event that a receiver is appointed for any member of a Federal Home Loan bank, the following procedures shall apply:
    (1)  The receiver and the bank shall immediately seek and develop a mutually agreeable plan for the payment of any advances made by the bank to such borrower or for the servicing, foreclosure upon and liquidation of the collateral securing any such advances, taking into account the nature and amount of such collateral, the markets in which such collateral is normally traded or sold and other relevant factors.
    (2)  In the event that the receiver and the bank shall not, in good faith, be able to develop such a mutually agreeable plan, or, in the interim, the bank in good faith reasonably concludes that the value of such collateral is decreasing, because of interest rate or other market changes, at such a rate that to delay liquidation or other exercise of the bank's rights as a secured party for the development of a mutually agreeable plan could reasonably cause the value of such collateral to decrease to an amount that is insufficient to satisfy the bank's claim in full, the bank may, at any time thereafter if permitted to do so by the terms of the advances or other security agreement with such borrower or otherwise by applicable law, proceed to foreclose upon, sell, lease or otherwise dispose of such collateral (or any portion thereof), or otherwise exercise its rights as a secured party, provided that the bank acts in good faith and in a commercially reasonable manner and otherwise in accordance with applicable law.
    (3)  The foregoing provisions of this paragraph (c) shall not apply in the event that a purchase and assumption transaction is entered into regarding any such member.
  (d)  The bank's rights pursuant to the second sentence of section 10(d) of the Federal Home Loan Bank Act shall not be affected or diminished by any provisions of state law that may be applicable to a security interest in property of the member.
  (e)  The receiver for a borrower from a Federal Home Loan bank shall allow a claim for a prepayment fee by the Bank if, and only if:
    (1)  The claim is made pursuant to a written contract that provides for a prepayment fee, provided, however, that such prepayment fee allowed by the receiver shall not exceed the present value of the loss attributable to the difference between the contract rate of the secured borrowing and the reinvestment rate then available to the Bank; and
    (2)  The indebtedness owed to the Bank by such borrower is secured by sufficient collateral in which a perfected security interest in favor of the Bank exists or as to which the Bank's security interest is entitled to priority under section 306(d) of the Competitive Equality Banking Act of 1987 (CEBA) (12 U.S.C. 1430(e), footnote (1), or otherwise so that the aggregate of the outstanding principal on the advances secured by such collateral, the accrued but unpaid interest thereon and the prepayment fee applicable to such advances can be paid in full from the amounts realized from such collateral. For purposes of this paragraph (e)(2), the adequacy of such collateral shall be determined as of the date such prepayment fees shall be due and payable under the terms of the written contract providing therefor.

[Codified to 12 C.F.R. § 360.2]

[Section 360.1 redesignated as § 360.2 at 58 Fed. Reg. 67664 December 22, 1993, effective January 21, 1994; 63 Fed. Reg. 37761, July 14, 1998, effective August 13, 1998]



§ 360.3  Priorities.

  (a)  Unsecured claims against an association or the receiver that are proved to the satisfaction of the receiver shall have priority in the following order:
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    (1)  Administrative expenses of the receiver, including the costs, expenses, and debts of the receiver;
    (2)  Administrative expenses of the association, provided that such expenses were incurred within thirty (30) days prior to the receiver's taking possession, and that such expenses shall be limited to reasonable expenses incurred for services actually provided by accountants, attorneys, appraisers, examiners, or management companies, or reasonable expenses incurred by employees which were authorized and reimbursable under a pre-existing expense reimbursement policy, that, in the opinion of the receiver, are of benefit to the receivership, and shall not include wages or salaries of employees of the association;
    (3)  Claims for wages and salaries, including vacation and sick leave pay and contributions to employee benefit plans, earned prior to the appointment of the receiver by an employee of the association whom the receiver determines it is in the best interests of the receivership to engage or retain for a reasonable period of time;
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    (4)  If authorized by the receiver, claims for wages and salaries, including vacation and sick leave pay and contributions to employee benefits plans, earned prior to the appointment of the receiver, up to a maximum of three thousand dollars ($3,000) per person, by an employee of the association not engaged or retained pursuant to a determination by the receiver pursuant to the third category above;
    (5)  Claims of governmental units for unpaid taxes, other than federal income taxes, except to the extent subordinated pursuant to applicable law; but no other claim of a governmental unit shall have a priority higher than that of a general creditor under paragraph (a)(6) of this section;
    (6)  Claims for withdrawable accounts, including those of the Corporation as subrogee or transferee, and all other claims which have accrued and become unconditionally fixed on or before the date of default, whether liquidated or unliquidated, except as provided in paragraphs (a)(1) through (a)(5) of this section, provided, however, that if the association is chartered and was operated under the laws of a state that provided a priority for holders of withdrawable accounts over such other claims or general creditors, such priority within this paragraph (a)(6) shall be observed by the receiver; and provided further, that if deposits of a federal association are booked or registered at an office of such association that is located in a state that provides such priority with respect to state-chartered associations, such deposits in a federal association shall have priority over such other claims or general creditors, which shall be observed by the receiver;
    (7)  Claims other than those that have accrued and become unconditionally fixed on or before the date of default, including claims for interest after the date of default on claims under paragraph (a)(6) of this section, Provided that any claim based on an agreement for accelerated, stipulated, or liquidated damages, which claim did not accrue prior to the date of default, shall be considered as not having accrued and become unconditionally fixed on or before the date of default;
    (8)  Claims of the United States for unpaid federal income taxes;
    (9)  Claims that have been subordinated in whole or in part to general creditor claims, which shall be given the priority specified in the written instruments that evidence such claims; and
    (10)  Claims by holders of nonwithdrawable accounts, including stock, which shall have priority within this paragraph (a)(10) in accordance with the terms of the written instruments that evidence such claims.
  (b)  Interest after the date of default on claims under paragraph (a)(6) of this section shall be at a rate or rates adjusted monthly to reflect the average rate for U.S. Treasury bills with maturities of not more than ninety-one (91) days during the preceding three (3) months.
  (c)  [Reserved]
  (d)  All unsecured claims of any category or class or priority described in paragraphs (a)(1) through (a)(10) of this section shall be paid in full, or provision made for such payment, before any claims of lesser priority are paid. If there are insufficient funds to pay all claims of a category or class in full, distribution to claimants in such category or class shall be made pro rata. Notwithstanding anything to the contrary herein, the receiver may, at any time, and from time to time, prior to the payment in full of all claims of a category or class with higher priority, make such distributions to claimants in priority classes outlined in paragraphs (a)(1) through (a)(6) of this section as the receiver believes are reasonably necessary to conduct the receivership.
  Provided that the receiver determines that adequate funds exist or will be recovered during the receivership to pay in full all claims of any higher priority.
  (e)  If the association is in mutual form, and a surplus remains after making distribution in full of allowed claims as set forth in paragraphs (a) and (b) of this section, such surplus shall be distributed to the depositors in proportion to their accounts as of the date of default.
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  (f)  Under the provisions of section 11(d)(11) of the Act (
12 U.S.C. 1821(d)(11)), the provisions of this § 360.3 do not apply to any receivership established and liquidation or other resolution occurring after August 10, 1993.

[Codified to 12 C.F.R. § 360.3]

[Section 360.2 amended at 58 Fed. Reg. 43070, August 13, 1993; redesignated as § 360.3 at 58 Fed. Reg. 67664, December 21, 1993, effective January 21, 1994; amended at 60 Fed. Reg. 35488, July 10, 1995]


§ 360.4 Administrative expenses.

  The priority for "administrative expenses of the receiver", as that term is used in section 11(d)(11) of the Act (12 U.S.C. 1821(d)(11)), shall include those necessary expenses incurred by the receiver in liquidating or otherwise resolving the affairs of a failed insured depository institution. Such expenses shall include pre-failure and post-failure obligations that the receiver determines are necessary and appropriate to facilitate the smooth and orderly liquidation or other resolution of the institution.

[Codified to 12 C.F.R. § 360.4]

[Section 360.3 added at 58 Fed. Reg. 43070, August 13, 1993; redesignated as § 360.4 at 58 Fed. Reg. 67664, December 21, 1993, effective January 21, 1994; amended at 60 Fed. Reg. 35488, July 10, 1995]



§ 360.5 Definition of qualified financial contracts.

  (a)  Authority and purpose. Sections 11(e)(8) and (10) of the Federal Deposit Insurance Act,
12 U.S.C. 1821(e)(8) through (10), provide special rules for the treatment of qualified financial contracts of an insured depository institution for which the FDIC is appointed conservator or receiver, including rules describing the manner in which qualified financial contracts may be transferred or closed out. Section 11(e)(8)(D)(i) of the Federal Deposit Insurance Act, 12 U.S.C. 1821(e)(8)(D)(i), grants the Corporation authority to determine by regulation whether any agreement, other than those identified within section 11(e)(8)(D), should be recognized as qualified financial contracts under the statute. The purpose of this section is to identify additional agreements which the Corporation has determined to be qualified financial contracts.
  (b)  Repurchase agreements. The following agreements shall be deemed "repurchase agreements" under section 11(e)(8)(D)(v)) of the Federal Deposit Insurance Act, as amended (12 U.S.C. 1821(e)(8)(D)(v)): A repurchase agreement on qualified foreign government securities is an agreement or combination of agreements (including master agreements) which provides for the transfer of securities that are direct obligations of, or that are fully guaranteed by, the central governments (as set forth at 12 CFR part 325, appendix A, section II.C, n. 17, as may be amended from time to time) of the OECD-based group of countries (as set forth at 12 CFR part 325, appendix A, section II.B.2., note 12 as may be amended from time to time) against the transfer of funds by the transferee of such securities with a simultaneous agreement by such transferee to transfer to the transferor thereof securities as described above, at a date certain not later than one year after such transfers or on demand, against the transfer of funds.
  (c)  Swap agreements. The following agreements shall be deemed "swap agreements" under section 11(e)(8)(D)(vi) of the Federal Deposit Insurance Act, as amended (12 U.S.C. 1821(e)(8)(D)(vi)): A spot foreign exchange agreement is any agreement providing for or effecting the purchase or sale of one currency in exchange for another currency (or a unit of account established by an intergovernmental organization such as the European Currency Unit) with a maturity date of two days or less after the agreement has been entered into, and includes short-dated transactions such as tomorrow/next day and same day/tomorrow transactions.
  (d)  Nothing in this section shall be construed as limiting or changing a party's obligation to comply with all reasonable trading practices and requirements, non-insolvency law requirements and any other requirements imposed by other provisions of the FDI
{{8-29-08 p.3087}}Act. This section in no way limits the authority of the Corporation to take supervisory or enforcement actions, or to otherwise manage the affairs of a financial institution for which the Corporation has been appointed conservator or receiver.

[Codified to 12 C.F.R. § 360.5]

[Section 360.5 added at 60 Fed. Reg. 66865, December 27, 1995]



§ 360.6  Treatment by the Federal Deposit Insurance Corporation as conservator or receiver of financial assets transferred in connection with a securitization or participation.

  (a)  Definitions.  (1)  Beneficial interest means debt or equity (or mixed) interests or obligations of any type issued by a special purpose entity that entitle their holders to receive payments that depend primarily on the cash flow from financial assets owned by the special purpose entity.
    (2)  Financial asset means cash or a contract or instrument that conveys to one entity a contractual right to receive cash or another financial instrument from another entity.
    (3)  Participation means the transfer or assignment of an undivided interest in all or part of a loan or a lease from a seller, known as the "lead", to a buyer, known as the "participant", without recourse to the lead, pursuant to an agreement between the lead and the participant. Without recourse means that the participation is not subject to any agreement that requires the lead to repurchase the participant's interest or to otherwise compensate the participant due to a default on the underlying obligation.
    (4)  Securitization means the issuance by a special purpose entity of beneficial interests:
      (i)  The most senior class of which at time of issuance is rated in one of the four highest categories assigned to long-term debt or in an equivalent short-term category (within either of which there may be sub-categories or gradations indicating relative standing) by one or more nationally recognized statistical rating organizations, or
        (ii)  Which are sold in transactions by an issuer not involving any public offering for purposes of section 4 of the Securities Act of 1933 (
15 U.S.C. 77d), as amended, or in transactions exempt from registration under such Act pursuant to Regulation S thereunder (or any successor regulation).
    (5)  Special purpose entity means a trust, corporation, or other entity demonstrably distinct from the insured depository institution that is primarily engaged in acquiring and holding (or transferring to another special purpose entity) financial assets, and in activities related or incidental thereto, in connection with the issuance by such special purpose entity (or by another special purpose entity that acquires financial assets directly or indirectly from such special purpose entity) of beneficial interests.
  (b)  The FDIC shall not, by exercise of its authority to disaffirm or repudiate contracts under 12 U.S.C. 1821(e), reclaim, recover, or recharacterize as property of the institution or the receivership any financial assets transferred by an insured depository institution in connection with a securitization or participation, provided that such transfer meets all conditions for sale accounting treatment under generally accepted accounting principles, other than the "legal isolation" condition as it applies to institutions for which the FDIC may be appointed as conservator or receiver which is addressed by this section.
  (c)  Paragraph (b) of this section shall not apply unless the insured depository institution received adequate consideration for the transfer of financial assets at the time of the transfer, and the documentation effecting the transfer of financial assets reflects the intent of the parties to treat the transaction as a sale, and not as a secured borrowing, for accounting purposes.
  (d)  Paragraph (b) of this section shall not be construed as waiving, limiting, or otherwise affecting the power of the FDIC, as conservator or receiver, to disaffirm or repudiate any agreement imposing continuing obligations or duties upon the insured depository institution in conservatorship or receivership.
  (e)  Paragraph (b) of this section shall not be construed as waiving, limiting or otherwise affecting the rights or powers of the FDIC to take any action or to exercise any power not specifically limited by this section, including, but not limited to, any rights, powers or remedies of the FDIC regarding transfers taken in contemplation of the institution's
{{8-29-08 p.3088}}insolvency or with the intent to hinder, delay, or defraud the institution or the creditors of such institution, or that is a fraudulent transfer under applicable law.
  (f)  The FDIC shall not seek to avoid an otherwise legally enforceable securitization agreement or participation agreement executed by an insured depository institution solely because such agreement does not meet the "contemporaneous" requirement of sections 11(d)(9), 11(n)(4)(I), and 13(e) of the Federal Deposit Insurance Act (
12 U.S.C. 1821(d)(9), (n)(4)(I), 1823(e).
  (g)  This section may be repealed or amended by the FDIC upon 30 days notice and opportunity for comment provided in the Federal Register, but any such repeal or amendment shall not apply to any transfers of financial assets made in connection with a securitization or participation that was in effect before such repeal or modification.

[Codified to 12 C.F.R. § 360.6]

[Section 360.6 added at 65 Fed. Reg. 49191, August 11, 2000, effective September 11, 2000]


§ 360.7  Post-insolvency interest.

  (a)  Purpose and scope. This section establishes rules governing the calculation and distribution of post-insolvency interest to creditors with proven claims in all FDIC-administered receiverships established after June 13, 2002.
  (b)  Definitions. (1)  Equityholder. The owner of an equity interest in a failed depository institution, whether such ownership is represented by stock, membership in a mutual association, or otherwise.
    (2)  Post-insolvency interest. Interest calculated from the date the receivership is established on proven creditor claims in receiverships with surplus funds.
    (3)  Post-insolvency interest rate. For any calendar quarter, the coupon equivalent yield of the average discount rate set on the three-month Treasury bill at the last auction held by the United States Treasury Department during the preceding calendar quarter, and adjusted each quarter thereafter.
    (4)  Principal amount. The proven claim amount and any interest accrued thereon as of the date the receivership is established.
    (5)  Proven claim. A claim that is allowed by a receiver or upon which a final non-appealable judgment has been entered in favor of a claimant against a receivership by a court with jurisdiction to adjudicate the claim.
  (c)  Post-insolvency interest distributions. (1) Post-insolvency interest shall only be distributed following satisfaction by the receiver of the principal amount of all creditor claims.
    (2)  The receiver shall distribute post-insolvency interest at the post-insolvency interest rate prior to making any distribution to equityholders. Post-insolvency interest distributions shall be made in the order of priority set forth in section 11(d)(11)(A) of the Federal Deposit Insurance Act, 12 U.S.C. 1821(d)(11)(A).
    (3)  Post-insolvency interest distributions shall be made at such time as the receiver determines that such distributions are appropriate and only to the extent of funds available in the receivership estate. Post-insolvency interest shall be calculated on the outstanding balance of a proven claim, as reduced from time to time by any interim dividend distributions, from the date the receivership is established until the principal amount of a proven claim has been fully distributed but not thereafter. Post-insolvency interest shall be calculated on a contingent claim from the date such claim becomes proven.
    (4)  Post-insolvency interest shall be determined using a simple interest method of calculation.

[Codified to 12 C.F.R. § 360.7]

[Section 360.7 added at 67 Fed. Reg. 34386, May 14, 2002, effective June 13, 2002]

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§ 360.8  Method for determining deposit and other liability account balances at a failed insured depository institution.

  (a)  Purpose. The purpose of this section is to describe the process the FDIC will use to determine deposit and other liability account balances for insurance coverage and receivership purposes at a failed insured depository institution.
  (b)  Definitions.--(1)  The FDIC cutoff point means the point in time established by the FDIC after it has been appointed receiver of a failed insured depository institution and takes control of the failed institution.
    (2)  The applicable cutoff time for a specific type of deposit account transaction means the earlier of either the failed institution's normal cutoff time for that specific type of transaction or the FDIC cutoff point.
    (3)  Close-of-business account balance means the closing end-of-day ledger balance of a deposit or other liability account on the day of failure of an insured depository institution determined by using the applicable cutoff times. This balance may be adjusted to reflect steps taken by the receiver to ensure that funds are not received by or removed from the institution after the FDIC cutoff point.
  (c)  Principles.--(1)  In making deposit insurance determinations and in determining the value and nature of claims against the receivership on the institution's date of failure the FDIC, as insurer and receiver, will treat deposits and other liabilities of the failed institution according to the ownership and nature of the underlying obligations based on end-of-day ledger balances for each account using, except as expressly provided otherwise in this section, the depository institution's normal posting procedures.
    (2)  In its role as receiver of a failed insured depository institution, in order to ensure the proper distribution of the failed institution's assets under the FDI Act (12 U.S.C. 1821(d)(11)) as of the FDIC Cutoff Point, the FDIC will use its best efforts to take all steps necessary to stop the generation, via transactions or transfers coming from or going outside the institution, of new liabilities or extinguishing existing liabilities for the depository institution.
    (3)  End-of-day ledger balances are subject to corrections for posted transactions that are inconsistent with the above principles.
  (d)  Determining closing day balances.--(1)  In determining account balances for insurance coverage and receivership purposes at a failed insured depository institution, the FDIC will use close-of-business account balances as may be adjusted for funds that are received by or removed from the institution after the FDIC cutoff point.
    (2)  A check posted to the close-of-business account balance but not collected by the depository institution will be included as part of the balance, subject to the correction of errors and omissions and adjustments for uncollectible items that the FDIC may make in its role as receiver of the failed depository institution.
    (3)  In determining close-of-business account balances, the FDIC will recognize contractual, automated transfers (or sweeps) of funds from a deposit account to a non-deposit account or investment vehicle at the institution scheduled to take place before the final calculation of the institution's end-of-day ledger balances for that day.
    (4)  For deposit insurance and receivership purposes in connection with the failure of an insured depository institution, a depositor's and other liability-holder's rights will be determined as of the point the close-of-business account balance is calculated. These rights may be adjusted as necessary to account for funds that are received by or removed from the institution after the FDIC cutoff point.
  (e)  Effective July 1, 2009, in all sweep account contracts and account statements reflecting sweep account balances, institutions must prominently disclose whether swept funds are deposits within the meaning of 12 U.S.C. 1813(l). If the funds are not deposits, the institution must further disclose the status such funds would have if the institution failed--for example, general creditor status or secured creditor status. Such disclosures must be consistent with how the institution reports such funds on its Call Reports or Thrift Financial Reports.

[Codified to 12 C.F.R. § 360.8]

[Section 360.8 added at 73 Fed. Reg. 41179, July 17, 2008, effective August 18, 2008, except for § 360.8(e), effective July 1, 2009]

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§ 360.9  Large-bank deposit insurance determination modernization.

  (a)  Purpose and scope. This section is intended to allow the deposit and other operations of a large insured depository institution (defined as a "Covered Institution") to continue functioning on the day following failure. It also is intended to permit the FDIC to fulfill its legal mandates regarding the resolution of failed insured institutions to provide liquidity to depositors promptly, enhance market discipline, ensure equitable treatment of depositors at different institutions and reduce the FDIC's costs by preserving the franchise value of a failed institution.
  (b)  Definitions.--(1)  A covered institution means an insured depository institution which, based on items as defined in Reports of Income and Condition or Thrift Financial Reports filed with the applicable federal regulator, has at least $2 billion in deposits and at least either:
      (i)  250,000 deposit accounts; or
      (ii)  $20 billion in total assets, regardless of the number of deposit acounts.
    (2)  Deposits, number of deposit accounts and total assets are as defined in the instructions for the filing of Reports of Income and Condition and Thrift Financial Reports, as applicable to the insured depository institution for determining whether it qualifies as a covered institution. A foreign deposit means an uninsured deposit liability maintained in a foreign branch of an insured depository institution. An international banking facility deposit is as defined by the Board of Governors of the Federal Reserve System in Regulation D (12 CFR § 204.8(a)(2)). A demand deposit account, NOW account, money market deposit account, savings deposit account and time deposit account are as defined in the instructions for the filing of Reports of Income and Condition and Thrift Financial Reports.
    (3)  Sweep account arrangements consist of a deposit account linked to an interest-bearing investment vehicle whereby funds are swept to and from the deposit account according to prearranged rules, usually on a daily basis, where the sweep investment vehicle is not a deposit and is reflected on the books and records of the Covered Institution.
    (4)  Automated credit account arrangements consist of a deposit account into which funds are automatically credited from an interest-bearing investment vehicle where the funds in the interest-bearing investment vehicle were not invested by prearranged rules.
    (5)  Non-covered institution means an insured depository institution that does not meet the definition of a covered institution.
    (6)  Provisional hold means an effective restriction on access to some or all of a deposit or other liability account after the failure of an insured depository institution.
  (c)  Posting and removing provisional holds.--(1)  A covered institution shall have in place an automated process for implementing a provisional hold on deposit accounts, foreign deposit accounts and sweep and automated credit account arrangements immediately following the determination of the close-of-business account balances, as defined in § 360.8(b)(3), at the failed covered institution.
    (2)  The system requirements under paragraph (c)(1) must have the capability of placing the provisional holds prescribed under that provision no later than 9 a.m. local time the day following the FDIC cutoff point, as defined in § 360.8(b)(1).
    (3)  Pursuant to instructions to be provided by the FDIC, a covered institution must notify the FDIC of the person(s) responsible for producing the standard data download and administering provisional holds, both while the functionality is being constructed and on an on-going basis.
    (4)  For deposit accounts held in domestic offices of an insured depository institution, the provisional hold algorithm must be designed to exempt accounts below a specific account balance threshold, as determined by the FDIC. The account balance threshold could be any amount, including zero. For accounts above the account balance threshold determined by the FDIC, the algorithm must be designed to calculate and place a hold equal to the dollar amount of funds in excess of the account balance threshold multiplied by the provisional hold percentage determined by the FDIC. The provisional hold percentage could be any amount, from zero to one hundred percent. The account balance threshold as well as the provisional hold percentage could vary for the following four categories, as the covered institution customarily defines consumer accounts:
      (i)  Consumer demand deposit, NOW and money market deposit accounts;
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      (ii)  Other consumer deposit accounts (time deposit and savings accounts, excluding NOW and money market deposit accounts);
      (iii)  Non-consumer demand deposit, NOW and money market deposit accounts; and
      (iv)  Other non-consumer deposit accounts (time deposit and savings accounts, excluding NOW and money market deposit accounts).
    (5)  For deposit accounts held in foreign offices of an insured depository institution, other than those connected to a sweep or automated credit arrangement, the provisional hold algorithm will apply a provisional hold percentage to the entire account balance. For deposit accounts held in foreign offices the provisional hold percentage may differ from that applied to deposit accounts. Also, the provisional hold percentage would not vary by account category (i.e., consumer versus non-consumer and transaction versus non-transaction) as is the case with deposit accounts.
    (6)  For international banking facility deposits, other than those connected to a sweep or automated credit arrangements, the provisional hold algorithm will apply a provisional hold percentage to the entire account balance. For IBF deposits the provisional hold percentage may differ from that applied to deposit or foreign deposit accounts. Also, the provisional hold percentage would not vary by account category (i.e., consumer versus non-consumer, and transaction versus non-transaction) as is the case with deposit accounts.
    (7)  For the interest-bearing investment vehicle of a sweep arrangement, the provisional hold algorithm must be designed with the capability to place a provisional hold on the interest-bearing investment vehicle with possibly a different account balance threshold and a different hold percentage according to the type of interest-bearing investment vehicle.
    (8)  For the interest-bearing investment vehicle of an automated credit account arrangement, the provisional hold algorithm must be designed with the capability to place a provisional hold on the interest-bearing investment vehicle with possibly a different account balance threshold and a different hold percentage according to the type of interest-bearing investment vehicle.
    (9)  A covered institution may submit a request to the FDIC, using the address indicated in § 360.9(g): to develop a provisional hold process involving memo holds or alternative account mechanisms; or to exempt from the provisional hold requirements of this section those account systems servicing a relatively small number of accounts where the manual application of provisional holds is feasible. Such requests may be in the form of a letter and must include a justification for the request and address the relative effectiveness of the alternative for posting provisional holds in the event of failure. The FDIC will consider such requests on a case-by-case basis in light of the objectives of this section.
    (10)  The automated process for provisional holds required by paragraph (c)(1) of this section must include the capability of removing provisional holds in batch mode and, during the same processing cycle, applying debits, credits or additional holds on the deposit or other accounts from which the provisional holds were removed, as determined by the FDIC. The FDIC will provide files listing the accounts subject to: removal of provisional holds or additional holds (file format as specified in Appendix A); application of debits or credits (file format as specified in Appendix B); and application of additional holds (file format as specified in Appendix A). In addition to the batch process used to remove provisional holds, the Covered Institution is required to have in place a mechanism for manual removal of provisional holds on a case-by-case basis.
  (d)  Providing a standard data format for generating deposit account and customer data.--(1)  A covered institution must have in place practices and procedures for providing the FDIC in a standard format upon the close of any day's business with required depositor and customer data for all deposit accounts held in domestic and foreign offices and interest-bearing investment accounts connected with sweep and automated credit arrangements. Such standard data files are to be created through a mapping of pre-existing data elements and internal institution codes into standard data formats. Deposit account and customer data provided must be current as of the close of business for that day.
    (2)  The requirements of paragraph (d)(1) of this section shall be provided in five separate files, as indicated in the Appendices C through G to this Part 360.
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    (3)  Upon request by the FDIC, a covered institution must submit the data required by paragraph (d)(1) of this section to the FDIC, in a manner prescribed by the FDIC.
    (4)  In providing the data required under paragraph (d)(1) of this section to the FDIC, the Covered Institution must be able to reconcile the total deposit balances and the number of deposit balances and the number of deposit accounts to the institution's subsidiary system control totals.
  (e)  Implementation requirements.--(1)  A covered institution must comply with the requirements of this section no later than February 18, 2010.
    (2)  An insured depository institution not within the definition of a covered institution on the effective date of this section must comply with the requirements of this section no later than eighteen months following the end of the second calendar quarter for which it meets the criteria for a covered institution.
    (3)  Upon the merger to two or more non-covered institutions, if the resulting institution meets the criteria for a covered institution, that covered institution must comply with the requirements of this section no later than eighteen months after the effective date of the merger.
    (4)  Upon the merger of two or more covered institutions, the merged institution must comply with the requirements of this section within eighteen months following the effective date of the merger. This provision, however, does not supplant any preexisting implementation date requirement, in place prior to the date of the merger, for the individual covered institution(s) involved in the merger.
    (5)  Upon the merger of one or more covered institutions with one or more non-covered institutions, the merged institution(s) must comply with the requirements of this section within eighteen months following the effective date of the merger. This provision, however, does not supplant any preexisting implementation date requirement for the individual covered institution(s) involved in the merger.
    (6)  Notwithstanding the general requirements of this paragraph (e), on a case-by-case basis, the FDIC may accelerate, upon notice, the implementation timeframe of all or part of the requirements of this section for a covered institution that: Has a composite rating of 3, 4, or 5 under the Uniform Financial Institution's Rating System, or in the case of an insured branch of a foreign bank, an equivalent rating; is undercapitalized, as defined under the prompt corrective action provisions of 12 CFR part 325; or is determined by the appropriate Federal banking agency or the FDIC in consultation with the appropriate Federal banking agency to be experiencing a significant deterioration of capital or significant funding difficulties or liquidity stress, notwithstanding the composite rating of the institution by its appropriate Federal banking agency in its most recent report of examination. In implementing this paragraph (e)(6), the FDIC must consult with the covered institution's primary federal regulator and consider the: Complexity of the institution's deposit systems and operations, extent of the institution's asset quality difficulties, volatility of the institution's funding sources, expected near-term changes in the institution's capital levels, and other relevant factors appropriate for the FDIC to consider in its roles as insurer and possible receiver of the institution.
    (7)  Notwithstanding the general requirements of this paragraph (e), a covered institution may request, by letter, that the FDIC extend the deadline for complying with the requirements of this section. A request for such an extension is subject to the FDIC's rules of general applicability under 12 CFR. 303.251.
  (f)  A covered institution may apply to the FDIC for an exemption from the requirements of this § 360.9 if it has a high concentration of deposits incidental to credit card operations. The FDIC will consider such applications on a case-by-case basis in light of the objectives of this section.
  (g)  Requests for exemptions from the requirements of this section, for flexibility in the use of provisional holds or for extensions of the implementation requirements of this section and the submission of point-of-contact information should be submitted in writing to: Office of the Director, Division of Resolutions and Receiverships, Federal Deposit Insurance Corporation, 550 17th Street NW., Washington, DC 20429--0002.
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  (h)  Testing requirements. Covered institutions must provide appropriate assistance to the FDIC in its testing of the systems required by this section. The FDIC will provide testing details to covered institutions through the issuance of subsequent procedures and/or guidelines.

[Codified to 12 C.F.R. § 360.9]

[Section 360.9 added at 73 Fed. Reg 41195, July 17, 2008, effective August 18, 2008]



Appendix A to Part 360--Non-Monetary Transaction File Structure

  This is the structure of the data file the FDIC will provide to remove or add a FDIC hold for an individual account or sub-account. The file will be in a tab- or pipe-delimited ASCII format and provided through FDICconnect or Direct Connect. The file will be encrypted using an FDIC-supplied algorithm.
Field name Field description Comments Format
1. DP_Acct_Identifier Account Identifier The primary field used to identify the account. This field may be the Account Number. The Account Identifier may be composed of more than one physical data element. If multiple fields are required to identify the account, data should be placed in separate fields and the FDIC instructed how these fields are combined to uniquely identify the account. Character (25).
2. DP_Acct_Identifier--2 Account Identifier--2 If necessary, the second element used to identify the account. Character (25).
3. DP_Acct_Identifier--3 Account Identifier--3 If necessary, the third element used to identify the account. Character (25).
4. DP_Acct_Identifier--4 Account Identifier--4 If necessary, the fourth element used to identify the account. Character (25).
5. DP_Acct_Identifier--5 Account Identifier--5 If necessary, the fifth element used to identify the account. Character (25).
6. DP_Sub_Acct_Identifier Sub-Account Identifier If available, the Sub-Account identifier for the account. The Sub-Account Identifier may identify separate deposits tied to this account where there are different processing parameters such as interest rates or maturity dates, but all owners are the same. Character (25).
7. PH_Hold_Action Hold Action The requested hold action to be taken for this account or sub-account. Possible values are: • R = Remove. • A = Add. Character (1).
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8. PH_Hold_Amt Hold Amount Dollar amount of the FDIC hold to be removed or added. Decimal (14,2).
9. PH_Hold_Desc Hold Description FDIC hold to be removed or added. Character (225).


[Codified to 12 C.F.R. Part 360, Appendix A]

[Appendix A added at 73 Fed. Reg. 41197, July 17, 2008, effective August 18, 2008]



Appendix B to Part 360--Debit/Credit File Structure

  This is the structure of the data file the FDIC will provide to apply debits and credits to an individual account or sub-account after the removal of FDIC holds. The file will be in a tab- or pipe-delimited ASCII format provided through FDICconnect or Direct Connect. The file will be encrypted using an FDIC-supplied algorithm.
Field name Field description Comments Format
1. DP_Acct_Identifier Account Identifier The primary field used to identify the account. This field may be the Account Number. The Account Identifier may be composed of more than one physical data element. If multiple fields are required to identify the account, data should be placed in separate fields and the FDIC instructed how these fields are combined to uniquely identify the account. Character (25).
2. DP_Acct_Identifier--2 Account Identifier--2 If necessary, the second element used to identify the account. Character (25).
3. DP_Acct_Identifier--3 Account Identifier--3 If necessary, the third element used to identify the account. Character (25).
4. DP_Acct_Identifier--4 Account Identifier--4 If necessary, the fourth element used to identify the account. Character (25).
5. DP_Acct_Identifier--5 Account Identifier--5 If necessary, the fifth element used to identify the account. Character (25).
6. DP_Sub_Acct_Identifier Sub-Account Identifier If available, the sub-account identifier for the account. The Sub-Account Identifier may identify separate deposits tied to this account where there are different processing parameters such as interest rates or maturity dates, but all owners are the same. Character (25).
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7. DC_Debit_Amt Debit Amount Dollar amount of the debit to be applied to the account or sub-account. Decimal (14,2).
8. DC_Credit_Amt Credit Amount Dollar amount of the debit to be applied to the account or sub-account. Decimal (14,2).
9. DC_Transaction_Desc Debit/Credit Description FDIC message associated with the debit or credit transaction. Character (225).


[Codified to 12 C.F.R. Part 360, Appendix B]

[Appendix B added at 73 Fed. Reg. 41198, July 17, 2008, effective August 18, 2008]



Appendix C to Part 360--Deposit File Structure

  This is the structure for the data file to provide deposit data to the FDIC. If data or information are not maintained or do not apply, a null value in the appropriate field should be indicated. The file will be in a tab- or pipe-delimited ASCII format. Each file name will contain the institution's FDIC Certificate Number, an indication that it is a deposit file type and the date of the extract. The files will be encrypted using an FDIC-supplied algorithm. The FDIC will transmit to the covered institution the encryption algorithm over FDICconnect.
  The total deposit balances and the number of deposit accounts in each deposit file must be reconciled to the subsidiary system control totals.
  The FDIC intends to fully utilize a covered institution's understanding of its customers and the data maintained around deposit accounts. Should additional information be available to the covered institution to help the FDIC more quickly complete its insurance determination process, it may add this information to the end of this data file. Should additional data elements be provided, a complete data dictionary for these elements must be supplied along with a description of how this information could be best used to establish account ownership or insurance category.
  The deposit data elements provide information specific to deposit account balances and account data. the sequencing of these elements, their physical data structures and the field data format and field length must be provided to the FDIC along with the data structures identified below.
  A header record will also be required at the beginning of this file. This record will contain the number of accounts to be included in this file, the mazimum number of characters contained in largest account title field maintained within the deposit file and the maximum number of characters contained in largest address field maintained within the deposit file.
  Note: Each record must contain the account title/name and current account statement mailing address. Fields 17--33 relate to the account name and address information. Some systems provide for separate fields for account title/name, street address, city, state, ZIP, and country, all of which are parsed out. Others systems may simply provide multiple lines for name, street address, city, state, ZIP, with no distinction. Populate fields that best fit the system's data, either fields 17--27 or fields 28--33.
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Field name Field description Comments Format
1. DP_Acct_Identifier Account Identifier The primary field used to identify the account. This field may be the Account Number. The Account Identifier may be composed of more than one physical data element. If multiple fields are required to identify the account, data should be placed in separate fields and the FDIC instructed how these fields are combined to uniquely identify the account. Character (25).
2. DP_Acct_Identifier--2 Account Identifier--2 If necessary, the second element used to identify the account. Character (25).
3. DP_Acct_Identifier--3 Account Identifier--3 If necessary, the third element used to identify the account. Character (25).
4. DP_Acct_Identifier--4 Account Identifier--4 If necessary, the fourth element used to identify the account. Character (25).
5. DP_Acct_Identifier--5 Account Identifier--5 If necessary, the fifth element used to identify the account. Character (25).
6. DP_Sub_Acct_Identifier Sub-Account Identifier If available, the sub-account identifier for the account. The Sub-Account Identifier may identify separate deposits tied to this account where there are different processing parameters such as interest rates or maturity dates, but all owners are the same. Character (25).
7. DP_Bank_No Bank Number The bank number as- signed to the deposit account. Character (15).
8. DP_Tax_ID Tax ID The tax identification number maintained on the account. For consumer accounts, typically, this would be the primary account holder's social security number ("SSN"). For business accounts it would be the federal tax identification number ("TIN"). Hyphens are optional in this field. Character (15).

{{8-29-08 p.3088.09}}
Field name Field description Comments Format
9. DP_Tax_Code Tax ID Code The type of the tax ident- ification number. Possible values are: • S = Social Security Number. • T = Federal Tax Identification Number. • O = Other. Generally deposit systems have flags or indicators set to indicate whether the number is an SSN or TIN. Character (1).
10. DP_Branch Branch Number The branch or office associated with the account. In lieu of a branch number this field may represent a specialty department or division. Character (15).
11. DP_Cost_Center Cost Center or G/L Code The identifier used for organization reporting or ownership of the account. Insert null value if the cost center is not carried in the deposit record. This field ties to the general ledger accounts. Character (20).
12. DP_Dep_Type Deposit Type Indicator The type of deposit by office location. Possible values are: • D = Deposit (Domestic). • F = Foreign Deposit. A deposit--also called a "domestic deposit"--includes only deposit liabilities payable in the United States, typically those deposits maintained in a domestic office of an insured depository institution, as defined in section 3(l) of the Federal Deposit Insurance Act (12 U.S.C. 1813(l)). A foreign deposit is a deposit liability in a foreign branch payable solely at a foreign branch or branches. Character (1).
13. DP_Currency_Type Currency Type The ISO 4217 currency code. Character (3).

{{8-29-08 p.3088.10}}
Field name Field description Comments Format
14. DP_Ownership_Ind Customer Ownership Indicator The type of ownership at the account level. Possible values are: • S = Single. • J = Joint Account. • P = Partnership account. • C = Corporation. • B = Brokered Deposits. • I = IRA Accounts. • U = Unincorporated Association. • R = Revocable Trust. • IR = Irrevocable Trust. • G = Government Accounts. • E = Employee Benefit Plan Accounts. • O = Other. Single: Accounts owned by an individual and those accounts held as Minor Accounts, Estate Accounts, Non-Minor Custodian/Guardian Accounts, Attorney in Fact Accounts and Sole Proprietorships. Joint Account: Accounts owned by two or more individuals, but does not include the ownership of a Payable on Death Account or Trust Account. Partnership Account: Accounts owned by a Partnership. Corporation: Accounts owned by a Corporation (e.g. Inc., L.L.C., or P.C.). Brokered Deposits: Accounts placed by a deposit broker who acts as an intermediary for the actual owner or sub-broker. IRA Accounts: Accounts for which the owner has the right to direct how the funds are invested including Keoghs and other Self-Directed Retirement Accounts. Unincorporated Association: An account owned by an association of two or more persons formed for some religious, educational, charitable, social or other non-commercial purpose. Revocable Trusts: Including PODs and formal revocable trusts (e.g. Living Trusts, Intervivos Trusts or Family Trusts). Irrevocable Trusts: Accounts held by a trust established by statute or written trust in which the grantor relinquishes all power to revoke the trust. Character (2).

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Field name Field description Comments Format
Government Accounts: Accounts owned by a government entity (e.g. City, State, County or Federal government entities and their sub-divisions). Employee Benefit Plan: Accounts established by the administrator of an Employee Benefit Plan including defined contribution, defined benefit and employee welfare plans. Other Accounts:Accounts owned by an entity not described above.
15. DP_Prod_Cat Product Category The product classification. Possible values are: • DDA = Non-Interest Bearing Checking accounts. • NOW = Interest Bearing Checking accounts. • MMA = Money Market Deposit Accounts. • SAV = Other savings accounts. • CDS = Time Deposit accounts and Certificate of Deposit accounts, including any accounts with specified maturity dates that may or may not be renewable. Product Category is sometimes referred to as "application type" or "system type". Character (3).
16. DP_Stat_Code Status Code Status or condition of the account. Possible values are: • O = Open. • D = Dormant. • I = Inactive. • E = Escheatment. • A = Abandoned. • C = Closing. • R = Restricted/Frozen/Blocked. Character (1).
17. DP_Acct_Title_1 Account Title Line 1 Account styling or titling of the account. These data will be used to identify the owners and beneficiaries of the account. Character (100).
18. DP_Acct_Title_2 Account Title Line 2 If available, the second account title line. Character (100).

{{8-29-08 p.3088.12}}
Field name Field description Comments Format
19. DP_Acct_Title_3 Account Title Line 3 If available, the third account title line. Character (100).
20. DP_Acct_Title_4 Account Title Line 4 If available, the fourth account title line. Character (100).
21. DP_Street_Add_Ln_1 Street Address Line 1 The current account statement mailing address of record. Character (100).
22. DP_Street_Add_Ln_2 Street Address Line 2 If available, the second mailing address line. Character (100).
23. DP_Street_Add_Ln_3 Street Address Line 3 If available, the third mailing address line. Character (100).
24. DP_City City The city associated with the mailing address. Character (50).
25. DP_State State The state abbreviation associated with the mailing address. Use a two-character state code (official U.S. Postal Service abbreviations). Character (2).
26. DP_ZIP ZIP The ZIP + 4 code assoc- iated with the mailing address. If the "+4" code is not available provide only the 5-digit ZIP code. Hyphens are optional in this field. Character (10).
27. DP_Country Country The country associated with the mailing address. Provide the country name or the standard IRS country code. Character (10).
28. DP_NA_Line_1 Name/Address Line 1 Alternate name/address format for the current account statement mailing address of record, first line. Fields 28--33 are to be used if address data are not parsed to populate Fields 17--27. Character (100).
29. DP_NA_Line_2 Name/Address Line 2 Alternate name/address format, second line. Character (100).
30. DP_NA_Line_3 Name/Address Line 3 Alternate name/address format, third line. Character (100).
31. DP_NA_Line_4 Name/Address Line 4 Alternate name/address format, fourth line. Character (100).
32. DP_NA_Line_5 Name/Address Line 5 Alternate name/address format, fifth line. Character (100).
33. DP_NA_Line_6 Name/Address Line 6 Alternate name/address format, sixth line. Character (100).

{{8-29-08 p.3088.13}}
Field name Field description Comments Format
34. DP_Cur_Bal Current Balance The current balance in the account at the end of business on the effective date of this file. This balance should not be reduced by float or holds. For CDs and time deposits, the balance should reflect the principal balance plus any interest paid and available for withdrawal not already included in the principal (do not include accrued interest). The total of all current balances in this file should reconcile to the total deposit trial balance totals or other summary reconciliation of deposits performed by the institution. Decimal (14,2).
35. DP_Int_Rate Interest Rate The current interest rate in effect for interest bearing accounts. Interest rate should be expressed in decimal format, i.e., 2.0% should be represented as 0.020000000. Decimal (10,9).
36. DP_Acc_Int Accrued Interest The amount of interest that has been earned but not yet paid to the account as of the date of the file. Decimal (14,2).
37. DP_Lst_Int_Pd Date Last Interest Paid The date through which interest was last paid to the account. Date (YYYYMMDD).
38. DP_Lst_Deposit Date Last Deposit The date of the last deposit transaction posted to the account. For example, a deposit that included checks and/or cash. Date (YYYYMMDD).
39. DP_Int_Term_No Interest Term Number The number of months in the current interest term. Decimal (3,0).
40. DP_Nxt_Mat Date of Next Maturity For CD and time deposit accounts, the next date the account is to mature. For non-renewing CDs that have matured and are waiting to be redeemed this date may be in the past. Date (YYYYMMDD).
41. DP_Open_DT Account Open Date The date the account was opened. If the account had previously been closed and re-opened, this should reflect the most recent re-opened date. Date (YYYYMMDD).
42. DP_Sweep_Code Sweep Code Indicates if the account is a sweep account. Possible values are: • Y = Yes. • N = No. Character (1).

{{8-29-08 p.3088.14}}
Field name Field description Comments Format
43. DP_Hold_To_Post Full Hold on the account: Indicator if all postings to this account are restricted. Possible values are: • Y = Yes. • N = No. Character (1).
44. DP_Issue_Val_Amt Issued Value Amount The value of the current CD when issued. For CDs only Decimal (14,2).
45. DP_Int_CD_Cde Type of Interest for CD Possible values are: • C = Rate Change Allowed. • N = Rate Change Not Allowed. • R = change Rate to Default at Renewal. • T = Rate Change Allowed Only During the Term. For CDs only. Character (1).
46. DP_IR_Cde IRA Code The type of IRA. Possible values are: • C = Corporate Retirement • E = Educational IRA. • I = IRA Account. • K = Keogh Account. • R = Roth IRA Account. • S = SEP Account. • T = Transitional Roth IRA. • V - Versa Account. • H = Health Savings Account. Optional code field to be used if available to help further identify the types of IRA accounts. Character (1).
47. DP_Deposit_Class_Type Deposit Class Type The deposit class. Possible values are: • RTL = Retail. • FED = Federal government • STATE = State government. • COMM = Commercial. • CORP = Corporate. • BANK = Bank Owned. • DUE TO = Other Banks. The institution may also use more or fewer class types. Character (10).

{{8-29-08 p.3088.15}}
Field name Field description Comments Format
48. DP_Product_Class_Cde Deposit Class Codes The deposit class codes. Possible values are: RTL • 1 = Payable on Death. • 2 = Individual. • 3 = Living Trust--Intervivos or Family. • 4 = Irrevocable Trust (includes Educational IRAs). • 5 = Estate. • 6 = Attorney in Fact. • 7 = Minor--(includes all variations of Uniform Gifts to Minor Accounts). • 8 = Bankruptcy Personal. • 9 = Pre-need Burial. • 10 = Escrow. • 11 = Representative Payee/Beneficiary. • 12 = Sole Proprietorship. • 13 = Joint. • 14 = Non-Minor Custodian/Guardian. • 15 = Other Retail. FED • 16 = FHA. • 17 = Federal Government. STATE • 18 = City. • 19 = State. • 20 = County, Clerk of Court. • 21 = Other State. COMMERCIAL • 22 = Business Escrow. • 23 = Bankruptcy. • 24 = Club. • 25 = Church. • 26 = Unincorporated Association. • 27 = Unincorporated Non-Profit. • 28 = Other Commercial. CORPORATION • 29 = Business Trust. • 30 = Business Agent. • 31 = Business Guardian. • 32 = Incorporated Association. • 33 = Incorporated Non-Profit.

Field name Field description Comments Format
{{8-29-08 p.3088.16}}
• 34 = Corporation. • 35 = Corporate Partnership. • 36 = Corporate Partnership Trust. • 37 = Corporate Agent. • 38 = Corporate Guardian. • 39 = Pre-Need Funeral Trust. • 40 = Limited Liability Incorporation. • 41 = LLC partnership. • 42 = Lawyer Trust. • 43 = Realtor Trust. • 44 = Other Corporation. BANK • 45 = Certified & Official Checks, Money Orders, Loan Disbursements Checks, and Expense Checks. • 46 = ATM Settlement. • 47 = Other Bank Owned Accounts. DUE TO (Other Banks) • 48 = Due to U.S. Banks. • 49 = Due to U.S. Branches of Foreign Banks. • 50 = Due to Other Depository Institutions. • 51 = Due to Foreign Banks. • 52 = Due to Foreign Branches of U.S. Banks. • 53 = Due to Foreign Governments and Official Institutions. These Product Class coded are used in conjunction with the Deposit Class Types in field 51. This field is to be used in concert with fields 12 and 13 identified above to enable the financial institution to capture more detailed information concerning account types. It is the intent of the FDIC to have the financial institution map its detailed account types to the codes identified in this field. The institution may also use additional codes, but in this event the institution must supply the detailed description and code value for each additional code used. If no additional account product type detail is available then this field should be left blank. Character (2).


[Codified to 12 C.F.R. Part 360, Appendix C]

[Appendix C added at 73 Fed. Reg. 41198, July 17, 2008, effective August 18, 2008]



Appendix D to Part 360--Sweep/Automated Credit Account File Structure

  This is the structure of the data file to provide information to the FDIC on funds residing in investment vehicles linked to each non-closed deposit account or sub-account: (1) Involved in sweep activity where the sweep investment vehicle is not a deposit and is reflected on the books and records of the covered institution or (2) which accepts automated credits. A single record should be used for each instance where funds affiliated with the deposit account are held in an alternative investment vehicle. For any alternative investment vehicle, a separate account may or may not exist. If an account exists for the investment vehicle, it should be noted in the record. If no account exists, then a null value for the Sweep/Automated Credit Account Identifiers should be provided, but the remainder of the data fields defined below should be populated.
{{8-29-08 p.3088.17}}
  For data provided in the Sweep/Automated Credit Account File, the total account balances and the number of accounts must be reconciled to subsidiary system control totals. The file will be in a tab- or pipe-delimited ASCII format. The files will be encrypted using an FDIC-supplied algorithm. The FDIC will trnasmit the encryption algorithm over FDICconnect.
Field name Field description Comments Format
1. DP_Acct_Identifier Account Identifier The primary field used to identify the account from which funds are swept or debited. This field may be the Account Number. The Account Identifier may be composed of more than one physical data element. If multiple fields are required to identify the account, data should be placed in separate fields and the FDIC instructed how these fields are combined to uniquely identify the account. Character (25).
2. DP_Acct_Identifier--2 Account Identifier--2 If necessary, the second element used to identify the account from which funds are swept or debited. Character (25).
3. DP Acct_Identifier--3 Account Identifier--3 If necessary, the third element used to identify the account from which funds are swept or debited. Character (25).
4. DP_Acct_Identifier--4 Account Identifier--4 If necessary, the fourth element used to identify the account from which funds are swept or debited. Character (25).
5. DP_Acct_Identifier--5 Account Identifier--5 If necessary, the fifth element used to identify the account from which funds are swept or debited. Character (25).
6. DP_Sub_Acct_Identifier Sub-Account Identifier If available, the sub-account identifier for the account. The Sub-Account Identifier may identify separate deposits tied to this account where there are different processing parameters such as interest rates or maturity dates, but all owners are the same. Character (25).
{{8-29-08 p.3088.18}}
7. SW_Acct_Identifier Sweep/Automated Credit Account Identifier The primary field used to identify the account into which funds are swept or credited. This field may be the Account Number. Funds may be swept into an investment vehicle not represented as an account. In this case this field should be a null value. The Sweep/Automated Credit Account Identifier may be composed of more than one physical data element. If multiple fields are required to identify the account, data should be placed in separate fields and the FDIC instructed how these fields are combined to uniquely identify the account. Character (25).
8. SW_Acct_Identifier--2 Sweep/Automated Credit Account Identifier--2 If necessary, the second element of the account identifier used to identify the account into which funds are swept or credited. Character (25).
9. SW_Acct_Identifier--3 Sweep/Automated Credit Account Identifier--3 If necessary, the third element of the account identifier used to identify the account into which funds are swept or credited. Character (25).
10. SW_Acct_Identifier--4 Sweep/Automated Credit Account Identifier--4 If necessary, the fourth element of the account identifier used to identify the account into which funds are swept or credited. Character (25).
11. SW_Acct_Identifier--5 Sweep/Automated Credit Account Identifier--5 If necessary, the fifth element of the account identifier used to identify the account into which funds are swept or credited. Character (25).
12. SW_Sub_Acct_Identifier Sweep/Automated Credit Sub-Account Identifier If available, the sub account identifier for the account. Character (25).
{{8-29-08 p.3088.19}}
13. SW_Type Sweep/Automated Credit Type The investment vehicle. Possible values are: • RE = Repurchase Agreement. • DD = Deposit Held in a Domestic Office. • DF = Deposit Held in a Foreign Office. • IBF = Deposit Held in an International Banking Facility. • AI = Deposit Held in a affiliated depository institution. • FF = Federal Funds. • CP = Commercial Paper. • OT = Other. Character (3).
14. SW_Inv_Amount Fund Balance in Sweep/Automated Credit Investment Vehicle. Dollar amount residing in the investment vehicle. Decimal (14,2).
15. SW_Currency_Type Currency Type The ISO 4217 currency code. Character (3).
16. SW_Hold_Amount FDIC Hold Amount Amount of FDIC hold on funds residing in the investment vehicle. Decimal (14,2).
17. SW_Sweep_Interval Sweep/Investment Frequency The frequency with which the sweep or invesment occurs. Possible values are: • D = Daily. • W = Weekly. • BW = Bi-Weekly. • M = Monthly. • BM = Bi-Monthly. • Q = Quarterly. • O = Other. Character (2).


[Codified to 12 C.F.R. Part 360, Appendix D]

[Appendix D added at 73 Fed. Reg. 41203, July 17, 2008, effective August 18, 2008]



Appendix E to Part 360--Hold File Structure

  This is the structure of the data file to provide information to the FDIC for each legal or collateral hold placed on a deposit account or sub-account. If data or information are not maintained or do not apply, a null value in the appropriate field should be indicated. The file will be in a tab- or pipe-delimited ASCII format. Each file name will contain the institution's FDIC Certificate Number, an indication that it is a hold data file type and the date of the extract. The files will be encrypted using an FDIC-supplied algorithm. The FDIC will transmit the encryption algorithm over FDICconnect.
{{8-29-08 p.3088.20}}
Field name Field description Comments Format
1. DP_Acct_Identifier Account Identifier The primary field used to identify the account. This field may be the Account Number. The Account Identifier may be composed of more than one physical data element. If multiple fields are required to identify the account, data should be placed in separate fields and the FDIC instructed how these fields are combined to uniquely identify the account. Character (25).
2. DP_Acct_Identifier--2 Account Identifier--2 If necessary, the second element used to identify the account. Character (25).
3. DP Acct_Identifier--3 Account Identifier--3 If necessary, the third element used to identify the account. Character (25).
4. DP_Acct_Identifier--4 Account Identifier--4 If necessary, the fourth element used to identify the account. Character (25).
5. DP_Acct_Identifier--5 Account Identifier--5 If necessary, the fifth element used to identify the account. Character (25).
6. DP_Sub_Acct_Identifier Sub-Account Identifier If available, the sub-account identifier for the account. The Sub-Account Identifier may identify separate deposits tied to this account where there are different processing parameters such as interest rates or maturity dates, but all owners are the same. Character (25).
7. HD_Hold_Amt Hold Amount Dollar amount of the hold. Decimal (14,2).

{{8-29-08 p.3088.21}}
Field name Field description Comments Format
8. HD_Hold_Reason Hold Reason Reason for the hold. Possible values are: • LN = Loan Collateral Hold. • LG = Court Order Hold. • FD = FDIC hold. • OT = Other (do not include daily operational type holds). Character (2).
9. HD_Hold_Desc Hold Description Description of the hold available on the system. Character (255).
10. HD_Hold_Start_Dt Hold Start Date The date the hold was initiated. Date (YYYYMMDD).
11. HD_Hold_Exp_Dt Hold Expiration Date The date the hold is to expire. Date (YYYYMMDD).


[Codified to 12 C.F.R. Part 360, Appendix E]

[Appendix E added at 73 Fed. Reg. 41205, July 17, 2008, effective August 18, 2008]



Appendix F to Part 360--Customer File Structure

  This is the structure of the data file to provide to the FDIC information related to each customer who has an account or sub-account reported in the deposit data or sweep/automated credit account file. If data or information are not maintained or do not apply, a null value in the appropriate field should be indicated. The file will be in a tab- or pipe-delimited ASCII format. Each file name will contain the institution's FDIC Certificate Number, an indication that it is a customer file type and the date of the extract. The files will be encrypted using an FDIC-supplied algorithm. The FDIC will transmit the encryption algorithm over FDICconnect.
  Note: Each record must contain the customer's name and permanent legal address. Fields 4--12 relate to the customer name for individuals only. Fields 13--14 relate to the customer name for entities other than individuals. Some systems provide for separate fields for name, street address, city, state, ZIP, and country, all of which are parsed out. Others systems may simply provide multiple lines for name, street address, city, state, ZIP, with no distinction. In this case, certain name and address data elements must be parsed and provided in the appropriate fields.
Field name Field description Comments Format
1. CS_Cust_Identifier Customer Identifier The unique field used by the institution to identify the customer. Character (25).
2. CS_Tax_ID Customer Tax ID Number The tax identification number on record for the customer. Hyphens are optional in this field Character (11).

{{8-29-08 p.3088.22}}
Field name Field description Comments Format
3. CS_Tax_Code Customer Tax ID Code The type of the tax identification number of the customer. Possible values are: • S = Social Security Number. • T = Federal Tax Identification Number. • O = Other. Character (1).
4. CS_Name_Line_1 Individual Customer Name Line 1 If available, the free- form name narrative of the customer, first line. Character (100).
5. CS_Name_Line 2 Individual Customer Name Line 2 If available, the free- form name narrative of the customer, second line. Character (100).
6. CS_Last_Name Individual Customer Last Name For individuals, the customer's last name. This field is required if the data element is in the institution's records. If necessary, data should be parsed from fields 4 or 5 to obtain this element. Character (50).
7. CS_First_Name Individual Customer First Name For individuals, the customer's first name. This field is required if the data element is in the institution's records. If necessary, data should be parsed from fields 4 or 5 to obtain this element. Character (50).
8. CS_Middle_Name Individual Customer Middle Name For Individuals, the customer's middle name. This field is required if the data element is in the institution's records. If necessary, data should be parsed from fields 4 or 5 to obtain this element. Character (50).
9. CS_Suffix Individual Professional Suffix For individuals, the suffix designating customer's academic, professional or honorary status, such as Esq., Ph.D., M.D., and D.D.S. This field is required if the data element is in the institution's records. If necessary, data should be parsed from fields 4 or 5 to obtain this element. Character (20).
10. CS_Generation Individual Generational Suffix For individuals, the suffix designating the customer's generational status, such as Jr., Sr. or III. This field is required if the data element is in the institution's records. If necessary, data should be parsed from fields 4 or 5 to obtain this element. Character (10).

Field name Field description Comments Format
{{8-29-08 p.3088.23}}
11. CS_Prefix Individual Customer Prefix For individuals, the prefix of the customer, such as Rev., Dr., Mrs., Mr. or Ms. This field is required if the data element is in the institution's records. If necessary, data should be parsed from fields 4 or 5 to obtain this element. Character (10).
12. CS_Birth_Dt Individual Customer Birth Date For individuals, the customer's birth date. Date (YYYYMMDD).
13. CS_Ent_Name_Line_1 Entity Name Line 1 For entities other than individuals, the free-form name narrative of the customer, first line. Character (100).
14. CS_Ent_Name_Line_2 Entity Name Line 2 If available for entities other than individuals, the free-form name narrative of the customer, second line. Character (100).
15. CS_Nar_Addr_Line_1 Customer Address Line 1 If available, the free-form permanent legal address narrative of the customer, line one. Character (100).
16. CS_Nar_Addr_Line_2 Customer Address Line 2 If available, the free-form permanent legal address narrative of the customer, line two. Character (100).
17. CS_Nar_Addr_Line_3 Customer Address Line 3 If available, the free-form permanent legal address narrative of the customer, line three. Character (100).
18. CS_Street_Address_1 Street Address Line 1 The permanent legal ad- dress of the customer, line one. This field is required. If necessary, data should be parsed from fields 16 or 17 to obtain this element. Character (100).
19. CS_Street_Address_2 Street Address Line 2 The permanent legal ad- dress of the customer, line two. This field is required. If necessary, data should be parsed from fields 16 or 17 to obtain this element. Character (100).
20. CS_City City The city associated with the permanent legal address. This field is required. If necessary, data should be parsed from fields 16 or 17 to obtain this element. Character (25).

{{8-29-08 p.3088.24}}
Field name Field description Comments Format
21. CS_State State The state abbreviation associated with the permanent legal address. This field is required. If necessary, data should be parsed from fields 16 or 17 to obtain this element. Use a two-character state code (official U.S. Postal Service abbreviations). Character (2).
22. CS_ZIP ZIP The ZIP + 4 code associated with the permanent legal address. This field is required. If necessary, data should be parsed from fields 16 or 17 to obtain this element. If the "+4" code is not available, provide only the 5-digit ZIP code. Hyphens are optional in this field. Character (10).
23. CS_Country Country The country associated with the permanent legal address. This field is required. If necessary, data should be parsed from fields 16 or 17 to obtain this element. Provide the name of the country or the standard IRS country code. Character (10).
24. CS_Telephone Customer Telephone Number The telephone number on record for the customer. Character (20).
15. CS_Email Customer Email Address The e-mail address on record for the customer. Character (150).


[Codified to 12 C.F.R. Part 360, Appendix F]

[Appendix F added at 73 Fed. Reg. 41206, July 17, 2008, effective August 18, 2008]



Appendix G to Part 360--Deposit-Customer Join File Structure

  This is the structure of the data file to provide to the FDIC information necessary to link the records in the deposit and customer files. If data or information are not maintained or do not apply, a null value in the appropriate field should be indicated. The file will be in a tab- or pipe-delimited ASCII format. Each file name will contain the institution's FDIC Certificate Number, an indication that it is a join file type and the date of the extract. The files will be encrypted using an FDIC-supplied algorithm. The FDIC will transmit the encryption algorithm over FDICconnect.
  The deposit-customer join file will have one or more records for each deposit account, depending on the number of relationships to each account. A simple individual account, for example, will be associated with only one record in the deposit-customer join file indicating the owner of the account. A joint account with two owners will be associated with two records in the deposit-customer join file, one for each owner. The deposit-customer join file will contain other records associated with a deposit account to designate, among other things, beneficiaries, custodians, trustees and agents. This methodology allows the FDIC to know all of the possible relationships for an individual account and also whether a single customer is involved in many accounts.
{{8-29-08 p.3088.25}}
Field name FDIC Field description Comments Format
1. CS_Cust_Identifier Customer Identifier The unique field used by the institution to identify the customer. Character (25).
2. DP_Acct_Identifier Account Identifier The primary field used to identify the account. This field may be the Account Number. The Account Identifier may be composed of more than one physical data element. If multiple fields are required to identify the account, the data should be placed in separate fields and the FDIC instructed how these fields are combined to uniquely identify the account. Character (25).
3. DP_Acct_Identifier--2 Account Identifier--2 If necessary, the second element used to identify the account. Character (25).
4. DP Acct_Identifier--3 Account Identifier--3 If necessary, the third element used to identify the account. Character (25).
5. DP_Acct_Identifier--4 Account Identifier--4 If necessary, the fourth element used to identify the account. Character (25).
6. DP_Acct_Identifier--5 Account Identifier--5 If necessary, the fifth element used to identify the account. Character (25).
7. DP_Sub_Acct_Identifier Sub-Account Identifier If available, the sub-account identifier for the account. The Sub-Account Identifier may identify separate deposits tied to this account where there are different processing parameters such as interest rates or maturity dates, but all owners are the same. Character (25).

{{8-29-08 p.3088.26}}
Field name FDIC Field description Comments Form
8. CS_Rel_Code Relationship Code The code indicating how the customer is related to the account. Possible values are: • ADM = Administrator. • AGT = Agent/Representative. • ATF = Attorney For. • AUT = Authorized Signer. • BNF = Beneficiary. • CSV = Conservator. • CUS = Custodian. • DBA = Doing Business As. • EXC = Executor. • GDN = Guardian. • MIN = Minor. • PRI = Primary Owner. • SEC = Secondary Owner(s). • TTE = Trustee. Institutions must map their relationship codes to the codes in the list to the left. If the institution maintains more relationships they must supply the additonal relationship codes being utilized along with the code definition. Character (5).
9. CS_Bene_Code Beneficiary Type Code If the customer is considered a beneficiary, the type of account associated with this customer. Possible values are: • I = IRA. • T = Trust--Irrevocable. • R = Trust--Revocable. • M = Uniform Gift to Minor. • P = Payable on Death. • O = Other. This includes beneficiaries on retirement accounts, trust accounts, minor accounts, and payable-on-death accounts. Character (1).


[Codified to 12 C.F.R. Part 360, Appendix G]

[Appendix G added at 73 Fed. Reg. 41207, July 17, 2008, effective August 18, 2008]

{{8-29-08 p.3088.27}}

Appendix H to Part 360--Possible File Combinations for Deposit Data

  A covered institution must provide deposit data using separate deposit, sweep/automated credit, hold, customer, and deposit-customer join files. the simplest file structure involves providing one of each file. This basic file format is shown in Figure 1.


  Multiple combinations of deposit, sweep/automated credit, hold, customer, and deposit-customer join files are permissible, but only in the following circumstances:
  1. Each separate deposit file must have companion sweep/automated credit and hold files covering the same deposit accounts.
  2. A single customer file may be submitted covering customers affiliated with deposit accounts in one or more deposit files as long as the customer file contains information on all of the customers affiliated with the deposit files.
  3. Several customer files may be submitted as long as each separate customer file contains information on all of the customers affiliated with the associated deposit files.
  Figure 2 shows a permissible file configuration using a single Customer File affiliated with Deposit File A and Deposit File B. As required, Deposit File A has a companion Sweep/Automated Credit File A and Hold File A. The same is true for Deposit File B.
  Another permissible combination of files is shown in Figure 3, which is a variation of the basic data file structure shown in Figure 1.
{{8-29-08 p.3088.28}}
  


{{8-29-08 p.3088.29}}
  

 

[Codified to 12 C.F.R. Part 360, Appendix H]

[Appendix H added at 73 Fed. Reg. 41208, July 18, 2008, effective August 18, 2008]




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