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

§ 545.93   Application and notice requirements for
branch and home offices.

(a) Application and notice requirements. A Federal savings
association (“you”) must file an application or notice and receive OTS
approval or non-objection under §545.95 before you change the permanent
location of, or establish a new, home or branch office, except as provided
in this section.

(b) Exceptions. You are not required to submit an application or
notice and receive OTS approval or non-objection under §545.95 under the
following circumstances:

(1) Drive-in or pedestrian offices. You may establish a drive-in
or pedestrian office that is located within 500 feet of a public entrance
to your existing home or branch office, provided the functions performed
at the office are limited to functions that are ordinarily performed at a
teller window.

(2) Short-distance relocation. You may change the permanent
location of an existing home or branch office to a site that is within the
market area and short-distance location area of the existing home or
branch office. The short-distance relocation area of an existing office is
the area that is within:

(i) A 1000-foot radius of an existing office that is within a Principal
City in a Metropolitan Statistical Area (MSA) designated by the U.S.
Department of Commerce;

(ii) A one-mile radius of an existing office that is within an MSA, but
is not within a Principal City; or

(iii) A two-mile radius of an existing office that is not in an
MSA.

(3) Highly-rated Federal savings associations. You may change
the permanent location of, or establish a new, branch or home office if
you meet all of the following requirements:

(i) You are eligible for expedited treatment under §516.5 of this
chapter. For the purposes of that section, you must meet the capital
requirements under part 567 of this chapter before and immediately after
you change the location of your home or branch office or establish a new
branch office.

(ii) You published a notice of your intent to change the location of
your home or branch office or establish a new branch office. To satisfy
this publication requirement, you must follow the procedures in subpart B
of part 516 of this chapter except that:

(A) Under §516.55(d) and (e) of this chapter, your public notice must
state that the public may submit comments to you and to the appropriate
OTS office(s), and must provide addresses for you and for the appropriate
OTS office(s) where the public may submit comments;

(B) Section 516.55(g) of this chapter, which addresses public
inspections of filings with OTS, does not apply; and

(C) Under §516.60 of this chapter, you must publish the public notice
at least 35 days before you take the proposed action. If you publish a
public notice more than 12 months before you take the proposed action, the
publication is invalid.

(iii) If you intend to change the location of an existing office, you
posted a notice of your intent in a prominent location in the existing
office to be relocated. You must post the notice for 30 days from the date
of publication of the initial public notice described in paragraph
(b)(3)(ii) of this section.

(iv)(A) No person files a comment opposing the proposed action within
30 days after the date of the publication of the proposed notice, or (B) A
person files a comment opposing the proposed action and OTS determines
that the comment raises issues that are not relevant to the approval
standards in §545.95(b) of this chapter or that OTS action in response to
the comment is not required.

(4) Re-designations of home and branch offices. You may
re-designate an existing branch office as a home office at the same time
that you re-designate your existing home office as a branch office.

(c) Section 5(m) of the HOLA. If you are incorporated under the
laws of, organized in, or do business in the District of Columbia and you
satisfy the requirements of paragraph (b) of this section, the Director of
OTS has approved your home or branch office changes under section 5(m) of
the HOLA.

(d) Maintenance of branch and home office following conversion,
consolidation, purchase of bulk assets, merger, or purchase from receiver.
An existing savings association that converts to a federal savings
association may maintain an existing office and a federal savings
association may maintain any office acquired through consolidation,
purchase of bulk assets, merger or purchase from the receiver of an
association, except to the extent that the approval of the conversion,
consolidation, merger, or purchase specifies otherwise.

(e) Prohibition. You may not file an application or notice (or
utilize any exception described in paragraph (b) of this section) to
establish a branch office, if you filed an application to merge or
otherwise surrender your charter and the application has been pending for
less than six months.

[69 FR 68248, 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