Quick Navigation: Resources by Topic Business
& Economy Education
Environment
Food
& Drugs Grants
& Awards Health
& Safety Military
& Security Science
& Technology Social
Programs Transportation

Site
Search:
advanced

•

Browse

•

Simple
Search

•

Advanced Search

*
Boolean

* Proximity

•

Search
History

•

Search
Tips

•

Corrections

•

Latest
Updates

•

User
Info

•

FAQs

•

Agency
List

•

e-CFR
Main Page

•

Code of Federal
Regulations

•

Federal
Register

•

List of
CFR
Sections Affected

•

Regulations.gov

•

Unified
Agenda

•

All NARA
Publications

Ben's
Guide
to U.S.
Government

Home
Page > Executive
Branch > Code of
Federal Regulations > Electronic Code of Federal
Regulations

e-CFR
Data is current as of February 15, 2008

Title 12:
Banks and Banking
PART 545—FEDERAL SAVINGS
ASSOCIATIONS—OPERATIONS

Browse
Previous | Browse
Next

§ 545.95   What processing procedures apply to my
home or branch office application or notice?

(a) Processing procedures. Applications and notices under
§545.93 are subject to expedited or standard treatment under the
application processing procedures at part 516 of this chapter.

(1) Publication and posting requirements. (i) You must publish a
public notice of your application or notice in accordance with the
procedures in subpart B of part 516 of this chapter. Promptly after
publication, you must transmit copies of the public notice and the
publisher's affidavit to OTS.

(ii) If you propose to change the location of an existing office, you
must also post a notice of the application in a prominent location in the
office to be relocated. You must post the notice for 30 days from the date
of publication of the initial public notice.

(2) Comment procedures. Commenters may submit comments on your
application or notice in accordance with the procedures in subpart C of
part 516 of this chapter.

(3) Meeting procedures. OTS may arrange a meeting in accordance
with the procedures in subpart D of part 516 of this chapter.

(4) OTS Review. OTS will process your application or notice in
accordance with the procedures in subpart E of part 516 of this chapter.
The applicable review period for applications filed under standard
treatment is 30 days rather than the time period specified at §516.270(a)
of this chapter.

(b) Approval standards. (1) OTS will approve an application (or
not object to a notice), if your overall policies, condition, and
operations afford no basis for supervisory objection.

(i) You should meet or exceed minimum capital requirements under part
567 of this chapter and should be at least adequately capitalized as
described in §565.4(b)(2) of this chapter, before and immediately after
the proposed action. If you are undercapitalized as described in
§565.4(b)(3), OTS will deny your application (or disapprove your notice),
unless the proposed action is otherwise permitted under section 38(e)(4)
of the FDIA.

(ii) OTS will evaluate your record of helping to meet the credit needs
of your entire community, including low- and moderate-income
neighborhoods, under part 563e of this chapter. OTS may:

(A) Deny your application or disapprove your notice based upon this
evaluation; or

(B) Impose a condition to the approval of your application (or
non-objection to your notice) requiring you to improve specific practices
and/or aspects of your performance under part 563e of this chapter. In
most cases, a commitment to improve will not be sufficient to overcome a
seriously deficient record.

(iii) OTS will review the application or notice under the National
Environmental Policy Act (42 U.S.C. 3421 et seq. ) and the National
Historic Preservation Act (16 U.S.C. 470).

(2) In reviewing your application and notice, OTS may consider
information available from any source, including any comments submitted by
interested parties or views expressed by interested parties at meetings
with OTS.

(3) OTS may approve an amendment to your charter in connection with a
home office relocation under this section.

(c) Expiration of OTS approval. (1) You must open or relocate
your office within twelve months of OTS approval of your application (or
the date of OTS non-objection to your notice), unless OTS prescribes
another time period. OTS may extend the time period if it determines that
you are making a good-faith effort to promptly open or relocate the
proposed office.

(2) If you do not open or relocate the proposed office within this time
period, you must comply with the application and notice requirements of
this section before you may open or relocate the proposed office.

[69 FR 68249, Nov. 24, 2004, as amended at 70 FR 51586, Aug. 31,
2005]

Browse
Previous | Browse
Next

For questions or comments regarding e-CFR
editorial content, features, or design, email [email-masked].

For questions
concerning e-CFR programming and delivery issues, email [email-masked].

Section
508 / Accessibility