Notices and Filings Delegations of Authority

Subpart A
Procedures and Rules and Practices

Agreements with foreign regulators (Bd Reso 071098)

Approve or Deny

A-3

Determine whether filing “substantially complete” (Bd Reso 071098)

Make determination

A-4

Agreement pursuant to NHPA of 1966 (Bd Reso 071098)

Enter in agreement

Modification of publication requirements 303.7(f)

Approve or deny

A-4

303.6

Examine or investigate and evaluate facts related to any filing to the extent necessary or appropriate under the circumstances

Request for reconsideration
303.11(f)

Deny

A-1

Grant

A-1

303.11(g)(2)

Notice of Intent and Final Order to Nullify, withdraw, revoke or suspend a filing decision

A-2

303.11(g)(2)

Temporary Order

A-2

Except for appeals of denied change in bank control, change in senior executive officer or director, or Section 19 applications, which are covered by Subparts D, L, and M, respectively, of Part 308, the levels of authority to reconsider filings for which a Request for Reconsideration has been granted are as follows:

1. Board of Directors, if the Board originally acted on the filing;
2. Supervisor Appeals Review Committee (SARC), if filing was denied by Director, Deputy Director, or Associate Director;
3. Director or Deputy Director, if filing was denied by Regional Director, Deputy Regional Director, or Area Director.

It is reserved to the Board to issue notices of intent and temporary and final orders under 303.11(g) as to any decision on a filing originally acted on by the Board.

If not originally acted on by the Board, notice of intent and final orders are delegated, as indicated, after consultation with the Legal Division.

Issuance of a temporary order in lieu of notice of intent is delegated to the Director, Deputy Director, and Associate Director, after consultation with the Legal Division.

De Novo

Approve

B-1
B-2

Approve. CRA protest not resolved and no RO signoff.

B-1 and WO signoff on unresolved CRA protest.

Approve. Requirements at B-1 are NOT met.

Deny

Proposed Interim Depository Inst.

Approve

B-1

Proposed Interim depository Inst.

Deny

Operating Uninsured

Approve

B-1
B-2
B-3

Approve. Delegation requirements are NOT met.

Deny

Continuation of FDI upon w/d from FRS

Approve. Applicant has agreed in writing to nonstandard conditions other than 303.2(dd) conditions.

Approve. Applicant has not agreed in writing to nonstandard conditions.

Deny

De Novo with 25% or more Foreign Ownership or Otherwise Controlled

Approve. Bank will be part of a PBO.

B-1, B-2, B-4

Approve. Bank will not be part of a PBO or an FBO.

B-1, B-2, B-4, B-5, B-6

Approve. Bank will be part of a FBO.

B-1, B-2, B-5, B-6

Deny

1. Statutory factors in FDI Act Section 6 have been considered and are favorably resolved.
2. No unresolved Management Interlocks (Part 348).
3. Compliance with NHPA, NEPA, and CRA, and any applicable statements of policy or applicable related regulations, including 12 CFR part 345.
4. No CRA protest, or appropriate signoff (see B-2).
5. Conformity with FDIC Statement of Policy on Applications for Deposit Insurance.
6. Agreement in Writing to the imposition of a condition OTHER THAN:
• Standard Condition at 303.2(dd) (Subpart A)
• Any of the following 14 Standard Conditions:
  
  (1) The applicant will provide a specific amount of initial paid-in capital;
  (2) The Tier 1 capital to assets leverage ratio (as defined in the appropriate capital regulation and guidance of the institution's primary federal regulator) will be maintained at not less than eight percent throughout the first three years of operation and that an adequate allowance for loan and lease losses will be provided;
  (3) Any changes in proposed management or proposed ownership to the extent of 10 percent or more of stock, including new acquisitions of or subscriptions to 10 percent or more of stock shall be approved by the FDIC prior to the opening of the depository institution for business;
  (4) The applicant will adopt an accrual accounting system for maintaining the books of the depository institution;
  (5) Where applicable, deposit insurance will not become effective until the applicant has been granted a charter as a depository institution, has authority to conduct a depository institution business, and its establishment and operation as a depository institution have been fully approved by the appropriate state and/or federal supervisory authority;
  (6) Where deposit insurance is granted to an interim institution formed or organized solely to facilitate a related transaction, deposit insurance will only become effective in conjunction with consummation of the related transaction;
  (7) Where applicable, a registered or proposed bank holding company, or a registered or proposed thrift holding company, has obtained approval of the Board of Governors of the Federal Reserve System or the Office of Thrift Supervision to acquire voting stock control of the proposed depository institution prior to its opening for business;
  (8) Where applicable, the applicant has submitted any proposed contracts, leases, or agreements relating to construction or rental of permanent quarters to the appropriate regional director for review and comment;
  (9) Where applicable, full disclosure has been made to all proposed directors and stockholders of the facts concerning the interest of any insider in any transactions being effected or then contemplated, including the identity of the parties to the transaction and the terms and costs involved. An insider is one who is or is proposed to be a director, officer, or incorporator of an applicant; a shareholder who directly or indirectly controls 10 or more percent of any class of the applicant's outstanding voting stock; or the associates or interests of any such person;
  (10) The person(s) selected to serve as the principal operating officer(s) shall be acceptable to the appropriate regional director;
  (11) The applicant will have adequate fidelity coverage;
  (12) The depository institution will obtain an audit of its financial statements by an independent public accountant annually for at least the first three years after deposit insurance is effective and submit to the appropriate FDIC office (i) a copy of the audited annual financial statements and the independent public auditor's report thereon within 90 days after the end of the depository institution's fiscal year, (ii) a copy of any other reports by the independent auditor (including any management letters) within 15 days after their receipt by the depository institution, and (iii) written notification within 15 days when a change in the depository institution's independent auditor occurs.
  (13) The bank shall operate within the parameters of the business plan submitted to the FDIC. During the first three years of operations, the bank shall notify the regional director of the FDIC and its primary Federal regulator, if not the FDIC, of any proposed major deviation or material change from the submitted plan 60 days before consummation of the change.
  (14) In cases, primarily involving special purpose de novos, where the applicant's business plan indicates there will only be an intercompany or similar deposit than the following additional standard condition must be imposed: That the insured institution shall acquire prior to the effective date of deposit insurance and continue to maintain the requisite deposits to be "engaged in the business of receiving deposits other than trust funds" as defined in 303.14 of the FDIC Rules and Regulations.
7. FDI filings involving the following are to be acted upon at the Washington office and such filings should not be accepted without prior consultation with the Risk Management and Applications Section.
   (1) de novo institutions owned by a company that is not a “bank holding company” under the Bank Holding Company Act of 1956 or a “savings and loan holding company” under the Home Owners’ Loan Act, and
   (2) certain special purpose banks and nonbank banks, including non-traditional banks, money desk operations with no teller windows, Internet banks, Bankers’ banks, and boutique or niche type banks that focus on particular segments of the market, e.g., sub-prime lending or other limited purpose product lines, select customer bases, etc.
8. The DSC Director, Deputy Director or Associate Director may, on a case-by-case basis, delegate approval authority for filings involving limitations B-1 7 (1) or B-1 7(2) to the DSC Regional Director, Deputy Regional Director or Area Director.
9. FDI filings where the composite rating at an entrance examination is "3" or worse is not subdelegated below the Associate Director (Operating Uninsured only).
10. The DSC Regional Director, Deputy Regional Director or Area Director may delegate, in writing, authority to approve filings subject to the limitation B-1 (1-6) to DSC Assistant Regional Directors.

In-State Branches and relocations; and interstate other than the two scenarios below.

Approve. Applicant agrees in writing to nonstandard conditions.

C-1
C-2
C-8

Interstate, Establish new branch (first branch in new State)

Approve. Applicant agrees in writing to nonstandard conditions.

C-1, C-2
C-3, C-5
C-8

Interstate, Relocate Main Office (MO) to another State and retain existing state branches

Approve. Applicant agrees in writing to nonstandard conditions.

C-1, C-2
C-3, C-4
C-8

Special Criteria Exemptions for:
In-State MO & Branch relos
Messenger Service
Temporary Branch

Approve

C-1, C-6
C-8

In-State and Interstate Branches and Relocations

Approve. Applicant does not agree to nonstandard conditions in writing.

C-1, C-2, C-3

In-State and Interstate Branches and Relocations

Approve. Delegation requirements at C-1, C-2, or C-3 are NOT met.

In-State and Interstate:Temporary Branch

Deny

All Other Branches and Relocations

Deny

Emergency / Disaster Events

Approve after Temporary Relocation

C-7

1. Statutory factors at Section 6 of FDI Act have been considered and are favorably resolved.
2. Applicant meets or agrees in writing to meet Part 325 Capital Requirements set forth in 12 CFR part 325 and the FDIC "Statement of Policy on Capital Adequacy" (12 CFR part 325, appendix B) before or at consummation of the transaction which is the subject of the filing.
3. Fair/Reasonable/Comparable insider transactions, if applicable.
4. Compliance with NHPA, NEPA, and CRA, and any applicable related regulations, including 12 CFR part 345.
5. No CRA protest, or appropriate signoff (see C-2).
6. Applicant with existing interstate presence has not failed the credit needs tests per Section 109 of Riegle-Neal.

For de-novo branching to a host state where applicant does not already maintain a branch:

1. Confirmation by the FDIC that the applicant has complied with the host state's filing requirements and that the applicant has provided a copy of the FDIC filing to the host state.
2. Confirmation that host State has in effect a law that meets requirements of FDI Act 18(d)(4)(A).
3. Determination that bank is as of the date of the filing and will continue to be adequately managed and adequately capitalized.
4. Compliance with CRA (FDI Act 44(b)(3)) as to interstate aspects.

1. In-State Messenger Service
2. In-StateTemporary Branch
3. In-State Relocations of Branches or Main Office

1. Notification of relocation within 3 days of the relocation, and
2. Filing of a short-form application with the regional director within 10 days of the relocation.
3. Content of application shall a) identify the nature of the emergency or disaster, b) specify the location of the temporary branch, and 3) provide an estimate of the duration the bank plans to operate the temporary branch.

1. The Case under the case manager program has been assigned to the field.
2. A CRA assessment of "Satisfactory" or "Outstanding".
3. No CRA protest.
4. The last compliance composite rating must be a composite "1" or "2".
5. After consultation with the consumer protection branch, it is determined that there are no substantive compliance or fair lending violations.

Mergers under Bank Merger Act

Approve. Requirements at D-1 and within deposit market share thresholds for delegated authority.

D-1
D-2
D-3

Approve. D-1 requirements NOT met; or The Attorney General has provided an adverse competitive factors report; or Emergency exists requiring expeditious action; or Immediate action necessary to prevent a probable failure.

Deny

Corporate Reorgs, Interim Mergers and related FDI apps.

Approve

D-1
D-2
D-3

Approve. Requirements at D-1 and D-2 NOT met.

Deny

Competitive Factor Reports

Furnishing Competitive Factors Reports with favorable resolution to other Federal Banking Agencies if delegate is of the view that proposed merger would not have substantially adverse effect on competition; and

Reviewing Competitive Factors Reports from other Federal agencies in deciding whether to approve a merger filing under delegated authority

1. Resulting institution will meet all applicable capital requirements upon consummation (or where the resulting entity is an insured branch of a foreign bank, would be in compliance with 12 CFR 347.211 upon consummation of the transaction).
2. Factors in Section 18(c)(5) and (11) (Money Laundering-Patriot Act) of the FDI Act have been considered and are favorably resolved.
3. Merging institutions do not operate in same Relevant Geographic Mkt ("RGM") or Atty. Gen'l has provided favorable competitive report.
   NOTE: Board has not delegated authority to approve any merger application where the DOJ has provided an adverse competitive report.
4. Compliance with the CRA and any applicable related regulations, including 12 CFR Part 345, is favorably resolved.
5. No CRA protest filed, or appropriate signoff (see D-2).
6. Applicant agrees in writing to conditions other than standard 303.2(dd) conditions.

Notice of change in bank control – less than 25% foreign ownership or control

Issue Written Notice of Intent Not to Disapprove

E-1, E-5, E-6

Determine whether FDIA 7(j) Notice should be filed for acquisition of less than 25% voting control

Determine informational adequacy of Notice

E-5

Extend Notice Periods

E-5, E-6

Act on 303.83(b) Exemptions and subsequent notifications

E-5

Delay/Waive Publication
Waive/Shorten Comment Period
Act Prior to expiration of Comment Period

E-5

Disapprove

E-5

Notice of change in bank control -- 25% or more Foreign Ownership or Otherwise Controlled

Issue Written Notice of Intent Not to Disapprove. Bank will be part of a PBO.

E-1, E-2, E-3
E-5, E-6

Issue Written Notice of Intent Not to Disapprove. Bank will not be part of a PBO or a FBO.

E-1, E-2, E-3,
E-4, E-5, E-6

Issue Written Notice of Intent Not to Disapprove. Bank will be part of a FBO.

E-1, E-2, E-4,
E-5, E-6

1. When the proposed transaction is an acquisition of control of a parent company of a state nonmember bank and that parent company is a “bank holding company” under the Bank Holding Company Act of 1956 or a “savings and loan holding company” under the Home Owners' Loan Act, any change in control of such a company would be subject to approval by the Federal Reserve Board or the Office of Thrift Supervision, respectively.
2. When the proposed transaction is an acquisition of control of a parent company of a state nonmember bank that is neither a “bank holding company” under the Bank Holding Company Act of 1956, nor a “savings and loan holding company” under the Home Owners' Loan Act (e.g. the parent company of an industrial loan company), the Washington office will act on the notice and such filings should not be accepted without prior consultation with the Risk Management and Applications Section.
3. The DSC Director or Deputy Director may, on a case-by-case basis, delegate authority to approve filings involving the limitation E-5 (2) to the DSC Regional Director, Deputy Regional Director or Area Director.

Change of Director or Senior Executive Officer

Determine informational adequacy of a Notice

Determine when 30-day period begins to run

Designate SNM banks as "troubled", as defined in 303.101(c)

Grant Waiver of Prior Notice Requirement

Extend processing period an additional 60 days

Issue notice of intent not to disapprove

Issue notice of disapproval

Determine whether or not an instrument has the character of debt securities and would not represent a significant risk to the deposit funds and therefore may be included with adjustable rate and money market preferred stock regarding the limitations of 362.3(b)(2)(iii)(A)

Make determination

Notices to Engage in Real Estate Investment Activities

Issue a letter of non-objection

G-1, G-3

Notices to Engage in Securities Activities Not Permissible for a National Bank (securities underwriting)(§362.18)

Acknowledge a self-certification notice

G-2

Notices

Remove a proposal from Notice processing and begin processing as an application

G-4

Applications to Engage in Real Estate Investment Activities

Approve

G-1
G-5A, G-5B. or G-6

Applications to Invest in Auction Rate and Money Market Preferred Stock in excess of 15% of Tier 1 capital

Approve

G-1
G-5C

Applications for Investments/Activities where Notice or Delegated Authority Requisites are not met or are not applicable

Approve

G-1

All applications or notices pursuant to this Subpart

Deny

Notices warranting objection are to be deemed applications and processed in Washington with a denial recommendation.

Application to Engage in Equity Securities Activities -

Approve

G-1 and G-7 are met

Approve

Reserved to the Board if G-7 #11 and 12 conditions are not met

Application for exception to Standards 362.18(e)

Approve

G-2a

Application fo Relief from conditions under 362.18(g)(3)

Approve

G-2

Notice to acquire and retain investments in common and preferred shares under 362.3(a)(2)(iii)(A)

Approve

G-1;G-7,G-8

Application to engage in grandfathered insurance activities if subsidiary does not meet eligible subsidiary standards 362.4(b)(2)(i)(B)

Approve

G-1

Application to become affiliated with a securities underwriting company under 362.8(b)

Approve

G-1

1. The applicant and all of its insured depository institution affiliates are well-capitalized
2. The applicant is in compliance with the capital deduction requirement
3. The applicant complies with sections 23A and 23B of the Federal Reserve Act as if the subsidiary were a financial subsidiary of a national bank.
4. The applicant and all its insured depository institution affiliates received a rating of at least “satisfactory record of meeting community credit needs” in its most recent CRA examination.

1. The applicant is well-managed.
2. The securities business of the financial subsidiary is physically separate and distinct in its operations from the operations of the bank.
3. The financial subsidiary conducts its securities business pursuant to independent policies and procedures designed to inform customers that it is a separate organization from the insured state nonmember bank.
4. The depository institution has adopted policies and procedures, including limits on exposure, to govern participation in financing transactions underwritten or arranged by an underwriting subsidiary.
5. The depository institution discloses the subsidiary's interest in a security underwritten or dealt in by the subsidiary or declines to express an opinion on the value or advisability of the purchase or sale of such securities.

1. Has the depository institution been chartered and operating for 3 years or more? (This condition is waived if the institution is owned by an established, well-capitalized, well-managed holding company or is managed by seasoned management.
2. Is the composite UFIRS rating 1,2 or 3?
3. Is the management rating 1,2 or 3?
4. Is the CRA rating S or better?
5. Is the compliance rating 1,2 or 3?
6. Is the depository institution not subject to formal or informal enforcement action or a corrective program?

1. Does it meet applicable capital standards and have sufficient capital for a business of its size and character?
2. Is it physically separate and distinct from the insured depository institution? (This criterion need not be satisfied for a bank with covered transactions with the subsidiary engaged in a real estate investment activity that does not exceed 10% of capital and surplus.)
3. Does it maintain separate accounting and other business records?
4. Does it observe separate business entity formalities?
5. Does it have a chief executive officer who is not an employee of the institution? (This criterion need not be satisfied for a bank with covered transactions with the subsidiary engaged in a real estate investment activity that does not exceed 10% of capital and surplus.)
6. Does it have a majority of its board of directors who are neither directors nor officers of the depository institution? (This criterion need not be satisfied for a bank with covered transactions with the subsidiary engaged in a real estate investment activity that does not exceed 10%of capital and surplus.)
7. Does it conduct business pursuant to independent policies and procedures?
8. Does it have only one business purpose?
9. Does it have qualified management and employees?
10. Has it established adequate internal policies and controls? (This criterion need not be satisfied for a bank with covered transactions with the subsidiary engaged in a real estate investment activity that does not exceed 10% of capital and surplus.)
11. Is the depository institution’s covered transactions with affiliates, including subsidiaries subject to section 18(j)(1) of the FDI Act, limited to 20% of capital and surplus?
12. Does the depository institution have policies to ensure that transactions with its subsidiary are on terms and conditions that are considered to be arm’s length?
13. Does the depository institution have policies to ensure that low quality assets are not purchased from the subsidiary?
14. Do the depository institution and the subsidiary have policies to ensure that a customer of one is not required to either buy a product or use a service from the other as a condition of entering into a transaction?
15. Does the depository institution and the subsidiary have policies to ensure that they do not enter into transactions with the banks’ insiders unless the transactions are excluded by the items of 362.4(d)(3)(iii)?
16. Are extensions of credit from the depository institution to or on behalf of the subsidiary fully collateralized?
17. Is the depository institution well-capitalized after deducting from its tier one capital a portion of its investment in the equity of the subsidiary as required in Appendix A of Part 325?

Note: As indicated in FIL-16-99, dated February 19, 1999, the OCC has stated that national banks are permitted to invest in money market preferred stock. Therefore, banks may invest in these without application subject the investment quality and marketability restrictions that are imposed on a national bank investing in similar stock. The OTS, however, has been silent as to these investments. Therefore, savings associations must apply to hold these investments that exceed 15% of tier 1 capital.

1. The Insured Depository Institution (IDI) is at least “adequately-capitalized”.
2. The aggregate investment in auction rate and money preferred stock is 100% or less of the IDI’s consolidated tier 1 capital.
3. The IDI has adopted a funds management policy that addresses how auction rate and money market preferred stock relate to the IDI's investment objectives.
4. The IDI has an investment policy that addresses limits on concentrations and that contains aggregate limits on this type of investment.

1. The application conforms with existing FDIC policy.
2. The depository institution has been chartered and operating for 3 years or more.
3. The composite UFIRS rating is 1 or 2.
4. The management rating is 1 or 2.
5. The CRA rating is S or better.
6. The compliance rating is 1 or 2.
7. The depository institution is not subject to formal or informal enforcement actions or a corrective program.
8. The depository institution has a comprehensive risk management policy in place.
9. The depository institution has comprehensive policies to account for its equity investments.
10. The depository institution or its subsidiary does not exercise a controlling influence over the company, partnership or LLC in which it has a non-financial equity investment.
11. The depository institution’s covered transactions with affiliates, including subsidiaries subject to section 18(j)(1) of the FDI Act, is limited to 20% of capital and surplus. Notices filed under section 24(f)(6) of the FDI Act do not need to meet this criterion.
12. The depository institution is well-capitalized after deducting from its Tier one capital a portion of its investment in the non-financial subsidiary as required in Appendix A of Part 325.

Determine whether or not an instrument has the character of debt securities and would not represent a significant risk to the deposit funds and therefore may be included with adjustable rate and money market preferred stock regarding the limitations of 362.3(b)(2)(iii)(A)

Make a determination

Notices

Remove a proposal from Notice processing and begin processing as an application

H-3

Applications to Invest in Auction Rate and Money Market Preferred Stock in excess of 15% of Tier 1 capital

Approve

H-1
H-4

Applications for Investments/Activities where Notice or Delegated Authority Requisites are not met or are not applicable

Approve

H-1

All applications or notices pursuant to this Subpart

Deny

Notices warranting objection are to be deemed applications and processed in WO with a denial recommendation.

Application to hold an equity investment in an amount greater than permissible for a federal savings association

Approve

H-1

Application to engage in an activity not permissible for a federal savings assocation

Approve

H-1

Notice to hold nonresidential realty loans in an amount not permissible for a federal savings association

Approve

H-1

Notice to conduct activities in excess of the amount permissible for a federal savings association

Approve

H-1

Notice to acquire a subsidiary or conduct new activities through a subsidiary by an insured savings association

Acknowledge receipt of notice/Issue Letter of non-objection

H-2

1. The IDI is at least "adequately-capitalized".
2. The aggregrate investment in auction rate and money preferred stock is 100% or less of the IDI's consolidated tier 1 capital.
3. The IDI has adopted a funds management policy that addresses how auction rate and money market preferred stock relate to the IDI's investment objectives.
4. The IDI has adopted an investment policy that addresses limits on concentrations and that contains aggregate limits on this type of investment.

Mutual-to-stock conversion

Accept Notices for filing

Extend period of review an additional 60 days

Issue letter of non objection.

I-1

Issue Objection

Approve or Deny waiver of depositor vote

I-2

By SNM Bank: Establish a Foreign Branch, or Move a Foreign Branch within same country

General Consent: Requirements at 347.103(b) and 347.103(d) met.

J-1, J-3

Establish a Foreign Branch

Approve, Expedited Processing: Requirements at 347.103(c) and 347.103(d) met.

J-2, J-3

Establish a Foreign Branch, or Move a Foreign Branch within same country

Approve, Standard Processing: SNM bank does not qualify under 347.103(b), (c), or (d) (General Consent or Expedited Processing).

J-4, J-5

Approve, Standard Processing: requirements at J-4 not met.

J-4

Deny

To make Direct and Indirect Investments in Foreign Orgs.

General Consent: Requirements at 347.108(a) and 347.108(c) met.

J-8

Approve, Expedited Processing: Investment outside limits for General Consent at 347.108(a) but otherwise meets requirements of 347.108(b) and 347.108(c).

J-9

Approve, Standard Processing: SNM bank does not qualify under 347.108(a), (b) or (c) (General Consent or Expedited Processing), requirements at J-10 met.

J-10, J-5

Approve, Standard Processing: requirements at J-10 not met.

Deny

By Foreign Banks: Move Insured Branch of a Foreign Bank

Approve; requirements at J-6 met; applicant agrees in writing to nonstd cond; CRA protest resolved or has concurrence

J-6
J-7

Approve; requirements at J-6 met, but applicant does not agree to nonstandard conditions

Approve; req's at J-6 not met

Deny

Application to operate a noninsured state branch of a foreign bank (347.206(b))

Approve or Deny

See 303.186

Application by Insured State Branch of Foreign Bank to Conduct Activity not permissible for Federal Branches 347.213(a) thru (d)

Approve or Deny

See 303.187

Divestiture Plans for nonpermissible activities necessitated by change in law under 347.213(e)

Approval of Divestiture Plans

Denial of Divestiture Plans

1. SNM Bank is an Eligible Depository Institution
2. Only §347.103(a) activities to be conducted at foreign branch
3. SNM bank already operates one or more foreign branches or foreign bank subsidiaries
4. Requirements at J-3 satisfied.

1. SNM bank is an Eligible Depository Institution, and
2. Only §347.103(a) activities to be conducted at foreign branch, and
3. SNM bank already has a related presence in the foreign country through:
1. An affiliated bank (including Edge or Agreement Corps) operating one or more foreign branches or foreign bank subsidiaries in the country; or
2. The SNM bank's holding company operates a foreign bank subsidiary in the country
4. If SNM bank proposes to establish a branch in an additional foreign country, it must already have any of the following in two or more additional foreign countries (i.e., in addition to the country of the proposed foreign branch):
1. Foreign branch or foreign bank subsidiary of the SNM; or
2. Foreign branch or foreign bank subsidiary of an affiliated bank (including Edge or Agreement Act Corps); or
3. Foreign bank subsidiary of the SNM bank's holding company.
5. Requirements at J-3 satisfied.

1. Branch will not be located on a site on the World Heritage List or the country's equivalent of the National Register of Historic Places as provided by §403 of NHPA Amendments Act;
2. Foreign branch will not be located in a country whose laws or practices would limit FDIC's access to information for supervisory purposes
3. The FDIC has not notified the SNM bank its general consent or expedited processing rights are modified or suspended

1. The requirements of section 402 the NHPA Amendments Act have been favorably resolved;
2. The applicant will only conduct activities authorized by § 347.103(a) and
3. If the foreign branch will be located in a foreign country in which applicable law or practice would limit the FDIC's access to information for supervisory purposes, the delegate is satisfied that adequate arrangements have been made (through conditions imposed in connection with the approval and agreed to in writing by the applicant) to ensure that the FDIC will have necessary access to information for supervisory purposes.

1. The seven factors set forth in FDIA Section 6 have been considered and favorably resolved.
2. The applicant is at least adequately capitalized as defined in Part 325, Subpart B
3. Any financial arrangements which have been made in connection with the proposed relocation and which involve the applicant's directors, officers, major shareholders, or their interests are fair and reasonable in comparison to similar arrangements that could have been made with independent third parties.
4. Compliance with NHPA, NEPA, CRA and any applicable related regulations, including 12 CFR part 345, has been considered and favorably resolved.

1. SNM bank is an Eligible Depository Institution
2. Investment is in conformance with requirements at §347.104 thru §347.107 (authorized financial activities of the foreign organization)
3. SNM bank already operates one or more:
1. Foreign branch
2. Foreign bank subsidiary
3. Affiliate bank (incl. Edge or Agmt Act Corp) operates one or more foreign branch (es) or foreign bank subsidiaries)
4. SNM bank's holding company operates foreign bank subsidiary (ies).
4. Investment is within one of the limits of §347.108(a)(3):
1. Acquired at net asset value from affiliate; or
2. Reinvestment of cash dividends rec'd from same foreign organization during preceding 12 months; or
3. Total direct and indirect investments in a single foreign organization during any 12 month period does not exceed 2% of SNM bank's Tier I capital, AND, as to all investments in all foreign organizations, the aggregate does not exceed:
1. 5% of SNM's Tier I capital in any 12 month period;
2. Up to an additional 5% of SNM's Tier I capital in any 12 month period acquired for trading purposes.
5. If in the aggregate SNM bank and its affiliates will hold 20% or more of the foreign organization’s voting equity securities, at least one SNM bank (applicant or any other SNM bank, whether or not affiliated) has a foreign bank subsidiary in the relevant foreign country (contact International Division or see Website).
6. FDIC has not notified SNM bank that its general consent or expedited processing rights are modified or suspended.
7. If foreign investment will be 20% or more of voting equity interest of the foreign organization, the foreign organization may not be located in a country whose laws or practices would limit FDIC’s access to information for supervisory purposes.

1. SNM is an Eligible Depository Institution
2. Investment is in conformance with requirements at §347.104 thru §347.107 (authorized financial activities of the foreign organization)
3. If foreign investment will be 20% or more of voting equity interest of the foreign organization, the foreign organization may not be located in a country whose laws or practices would limit FDIC's access to information for supervisory purposes.
4. FDIC has not notified SNM bank that its general consent or expedited processing rights are modified or suspended

1. The investment complies with the amount limits in §347.104 through §347.107 and it is in a foreign organization which only conducts such activities as authorized.
2. For foreign investments resulting in the applicant holding 20 percent or more of the voting equity interests of the foreign organization or controlling such organization, if the organization is located in a foreign country in which applicable law or practice would limit the FDIC's access to information for supervisory purposes, the delegate is satisfied that adequate arrangements have been made (through conditions imposed in connection with the approval and agreed to in writing by the applicant) to ensure that the FDIC will have necessary access to information for supervisory purposes.

Capital Distributions 303.203

Approve or Deny

Acquisitions, branching and new lines of business 303.204

Approve or Deny

Bonuses and increased compensation for senior executive officers 303.205

Approve or Deny

Payment of Principal or Interest on Subordinated Debt 303.206

Approve or Deny

Restricted Activities for Critically Undercapitalized Institutions 303.207

Approve or Deny

Participation by Convicted Individual

Approve or Deny after a Part 308 hearing is held.

Participation by Convicted Individual prior to Hearing, if any

Approve, after consultation with Legal Division, and primary supervisory authority interposes no objection. See also L-1.

L-1

Approve, after consultation with Legal, but primary supervisory authority interposes objection (See also L-1).

L-1

Deny, with General Counsel certification that Denial is consistent with purposes of Section 19.

L-2

Act on waiver pursuant to §308.158(c)

Grant or deny waiver for institution filing requirement with General Counsel concurrent certification

L-2

1. A participant or Institution-affiliated party shall be bonded to the same extent as others in similar positions; and/or
2. Prior consent of Regional Director shall be required for any proposed significant changes in duties and/or responsibilities of the person who is subject of the filing.

Reduce or Retire Capital (303.241)

Approve or Deny application under FDIA 18(i)(1) to reduce the amount or retire any part of common or preferred capital stock, or to retire any part of capital notes or debentures.

Trust Powers 303.242

Approve. Applicant agrees to nonstandard conditions in writing.

M-1

Approve. Applicant does not agree to nonstandard conditions in writing.

M-1

Approve. M-1 requirements NOT met.

Deny

Brokered Deposit Waivers (303.243)

Approve or Deny Fixed Term Waiver

M-2

Approve temporary waiver pending review of Fixed Term Waiver

Enter into or make Golden parachute payments permitted by 12 CFR 359.4 and/or excess nondiscriminatory severance plan payments as provided by 12 CFR 359.1(f)(2)(v) (303.244)

Approve or Deny

M-7

Waiver of Liability for Commonly Controlled Banks pursuant to FDIA 5(e) (303.245)

Approve or Deny

Insurance Fund Conversions between SAIF and BIF (non-Oakar)(303.246)

Approve or Deny

Oakar conversions are covered by Bank Merger Act, see 303.246(a).

Conversion with diminution of capital pursuant to FDIA 18(i)(2)(303.247)

Approve

M-9

Deny

Continue/Resume status as an insured institution following termination under section 8 of the FDIA (303.248)

Approve or Deny

Truth in Lending Act/ Regulation Z Relief from Reimbursement (303.249)

Deny, up to and including $25,000, initial requests for relief of reimbursement amount under section 608(a)(2) of the Truth in Lending Simplification and Reform Act

M-3

Deny, over $25,000 reimbursement amount

M-3

Grant request

M-3

Act on requests for reconsideration

M-4

Management Official Interlocks (303.250)

Approve or deny Interlocks under 348.5 or 348.6

Approve or deny Interlocks under Section 205(8) of Depository Institutions Management Interlocks Act (relates to savings and loan holding companies and their affiliates)

Modification of Conditions (303.251)

Approve or Deny a request to modify the requirement of a prior approval of a filing issued by the FDIC.

M-5, M-8

Extension of Time (303.252)

Approve or Deny a filing for additional time to fulfill a condition required in an approval of a filing issued by the FDIC or to consummate a transaction which was subject of an approval by the FDIC

M-6, M-8

1. Statutory factors of FDI Act Section 6 have been considered and favorably resolved;
2. The proposed management of the trust business is considered capable of satisfactorily handling the anticipated business;
3. The applicant's board of directors has formally adopted the FDIC Statement of Principles of Trust Department Management, available from any FDIC regional director.

1. Authority to approve or deny brokered deposit waivers is not subdelegated below the Associate Director level in cases involving nonstandard conditions that have not been agreed to in writing.
2. Brokered Deposit Waivers must be for a fixed term, generally no longer than 2 years, but may be extended upon refiling.
3. The FDIC may revoke a broker deposit waiver at any time with written notice.
4. Delegated authority to revoke a broker deposit waiver shall be at the same or higher delegation level as provided to act on the original filing.

1. Legal Division is consulted to the same extent as was required for approval of the original filing; and
2. The approving delegate must have had the authority to approve the original filing.

1. Extension of time may not exceed one year; however, more than one extension of time filing is allowed regarding a particular filing.
2. To deny an extension of time filing, the delegate must have had the authority to deny the original filing.