OCC 99-48 OCC BULLETIN Subject: Bank Activities and Operations, Investment Securities, Corporate Activities Description: Final Rule Date: December 22, 1999 TO: Chief Executive Officers of all National Banks, Department and Division Heads, and all Examining Personnel The attached final rule was published in the Federal Register on November 4, 1999. The final rule became effective on December 6, 1999. The final rule updates and clarifies the OCC's regulations regarding Bank Activities and Operations (formerly, Interpretive Rulings) (12 CFR Part 7), Investment Securities (12 CFR Part 1), and Rules, Policies, and Procedures for Corporate Activities (12 CFR Part 5). Most of the changes in the attached final rule amend Part 7. These amendments clarify certain existing rules and add new rules based on recent statutory changes, judicial rulings, OCC decisions, and other developments. Two of the amendments to Part 7, relating to the acquisition by a bank of its shares and to its ability to engage in reverse stock splits, will facilitate the election of Subchapter S status. Community banks in particular may benefit from these provisions. Several other provisions make clear that automated teller machines, automated loan machines, and deposit production offices are not "branches," whether a bank establishes them alone or in combination with each other. The final rule also clarifies the scope of the OCC's "visitorial" powers over national banks to reflect long-standing judicial precedents defining visitorial powers. The remaining changes remove an ambiguous provision in Part 1 and make technical amendments to Part 5 to update references to the Comptroller's Corporate Manual and to reflect that the "CAMELS" rating system has been amended to include "sensitivity to market risk" in the Uniform Financial Institutions Rating System. For further information, contact Jacqueline Lussier, senior attorney, or Mark Tenhundfeld, assistant director, Legislative and Regulatory Activities Division, at (202) 874-5090. _____________________________________ Julie L. Williams First Senior Deputy Comptroller and Chief Counsel Attachment: 64 FR 60092 [http://www.occ.treas.gov/fr/fedregister/64fr60092.pdf]