General Policies and Procedures Booklet

COMPTROLLER’S LICENSING MANUAL

GENERAL POLICIES
AND PROCEDURES
APRIL 2022

Contents
Introduction..............................................................................................................................1
Key Policies...............................................................................................................................2
Information Technology ..................................................................................................... 2
Central Application Tracking System........................................................................... 2
BankNet Large File Transfer Tool................................................................................ 2
Secure Email ................................................................................................................. 2
General Filing Instructions ................................................................................................. 2
Prefiling Discussions and Meetings.............................................................................. 2
Responsibility ............................................................................................................... 3
Requests for Confidential Treatment ............................................................................ 4
Sample Forms and Filing Requirements....................................................................... 4
Fees ............................................................................................................................... 5
Publication .................................................................................................................... 5
Weekly Bulletin ............................................................................................................ 5
Communications ........................................................................................................... 6
Requests for Copies of Public Portion of Applications and Notices ............................ 6
Requests for Comments From Other Agencies ............................................................ 7
Filing Review Process......................................................................................................... 7
Expedited Review and Standard Review...................................................................... 7
Additional Information Requests .................................................................................. 8
Consolidated Entity....................................................................................................... 9
Approval or Conditional Approval ............................................................................... 9
Safeguard Agreements .................................................................................................. 9
Consummation Requirements..................................................................................... 10
Denial.......................................................................................................................... 10
Materially Deficient .................................................................................................... 10
Abandonment.............................................................................................................. 10
Time Considerations ................................................................................................... 11
Post-Decision Issues ......................................................................................................... 11
Satisfaction Survey ..................................................................................................... 11
Extension of Time....................................................................................................... 11
Nullifying a Decision.................................................................................................. 11
Appeal ......................................................................................................................... 11
Removal or Modification of Condition of Approval .................................................. 12
Copy of the OCC Decision on a Filing....................................................................... 12
Specific Requirements ...................................................................................................... 12
Filings for Undercapitalized Banks ............................................................................ 12
Community Reinvestment Act.................................................................................... 12
Glossary ..................................................................................................................................13
References ...............................................................................................................................15

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Table of Updates Since Publication......................................................................................16

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Introduction
The Comptroller’s Licensing Manual is a collection of booklets that provide guidance
concerning the licensing procedures of the Office of the Comptroller of the Currency (OCC)
pertaining to a national bank or federal savings association (FSA) (collectively, banks) or
other entities when engaging in various corporate transactions, such as organizing a new
bank, initiating a business combination, establishing or closing a branch, establishing
subsidiaries, making certain changes to capital or debt, and other transactions. The
requirements referred to in these guidance documents reflect provisions in existing statutes
and regulations. The relevant statutes and regulations are listed at the end of the booklets or
referenced as applicable throughout the documents.1
The “General Policies and Procedures” booklet is an introduction to the other booklets that
compose the Comptroller’s Licensing Manual and should be used alongside the other
booklets to prepare specific types of applications or notices (collectively, filings). This
booklet describes how to submit filings to the OCC, the filing process, and how the OCC
reviews and makes decisions on filings. This booklet is a procedural guide only and does not
list all factors that may be assessed during the OCC’s analysis.

1

This booklet also may include procedures that banks must follow in connection with filing applications and
notices with the OCC. Such procedures are not substantive rules that establish decision criteria. Rather, they are
steps a bank must take in connection with filing an application or notice to allow the OCC to assess whether a
bank has met the substantive requirements for the application or notice in existing statutes and regulations.
Consistent with the Administrative Procedure Act, the OCC may issue guidance concerning licensing that has
the binding procedural steps a bank must take to allow the OCC to assess a bank’s application or notice. See 5
USC 553(b)(A).
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Key Policies
Information Technology
Central Application Tracking System
Required filings may be submitted on paper to the appropriate OCC licensing office, but the
OCC strongly encourages electronic filings. The OCC’s electronic filing system, called the
Central Application Tracking System (CATS), allows filers to complete and submit certain
filings online.2 Some forms can be completely filled out online, and other forms and
supporting documents may be completed offline and uploaded individually.
CATS is accessed through BankNet, the OCC’s secure website for communicating with and
receiving information from banks. All banks can access BankNet after registering with the
BankNet system. For more information about filing licensing applications or notices through
CATS, including BankNet registration instructions and CATS user manuals, refer to the
Licensing Division home page on the OCC’s website.

BankNet Large File Transfer Tool
BankNet users can securely transmit files of any size to the OCC by using the BankNet Large
File Transfer tool. The tool automatically encrypts the files as they upload into the OCC
folder selected to receive the transfer. For more information on access and use of the tool,
visit the BankNet Communications Center.

Secure Email
The OCC has a secure email system for communication between OCC employees and bank
representatives. When an OCC employee sends a secure email, the recipient receives a
notification that an encrypted email was sent. The recipient follows the link in the
notification to retrieve the message. If the recipient is not registered for OCC encrypted
email, the recipient is prompted to register before the message can be read. For more
information and to register for this service, visit the BankNet Communications Center.

General Filing Instructions
Prefiling Discussions and Meetings
The OCC encourages potential filers to contact the OCC to discuss corporate proposals
before filing applications or notices. Prefiling communications can be informal discussions
(for example, telephone or conference calls) or more formal prefiling meetings.

2

“Filer” refers to a person or entity that submits a notice or application to the OCC. Refer to 12 CFR 5.3.

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A filer can request a prefiling meeting with licensing staff to review a proposed transaction
and the applicable processing steps. The OCC may require a prefiling meeting to discuss the
submission requirements and appropriate policies and procedures related to a proposed filing
(for example, charters). As discussed in 12 CFR 5.4(f), the OCC decides whether to require a
prefiling meeting on a case-by-case basis.3
Filers requesting the OCC to approve an activity or transaction involving novel, complex, or
unique proposals should contact licensing staff in the appropriate OCC licensing office to
discuss the issues before submitting the filing. This prefiling discussion facilitates the filer’s
ability to prepare the filing effectively and completely. It also enhances the OCC’s ability to
process the filing.
The processing office for most filings is the OCC licensing office responsible for the state in
which the bank is headquartered (refer to Licensing Office Contacts). Novel, complex, or
unique filings; filings by certain of the largest banks; and filings from banks supervised by
the Washington field office are usually processed in the OCC’s Headquarters licensing office
in Washington, D.C.

Responsibility
The OCC expects each filer to prepare its filing accurately and completely. Each filer
certifies that its filing and supporting materials submitted to the OCC contain no material
misrepresentations or omissions. Any filer that misrepresents or omits facts in a filing or
supporting materials may be subject to enforcement actions or other penalties, including
criminal penalties, provided in 18 USC 1001.
Each filer should
•
•

•
•

submit all necessary information about the proposed transaction to help the OCC reach an
informed decision.
provide complete, accurate responses to the questions in all relevant application and
notice forms (refer to the Comptroller’s Licensing Manual page on the OCC’s website).
If the answer is “not applicable,” “unknown,” or “none,” the filer should say so. Answers
of “unknown” should be explained.
provide a cross-reference to a specific citation or location of documents attached as
supporting information. Filers do not need to duplicate information supplied on another
form or in another exhibit of the same filing.
determine compliance with all applicable statutes and regulations.

Each filer is expected to notify the OCC of any significant change to a proposal, whether the
change occurs before or after the OCC’s initial decision. If the OCC discovers a material
misrepresentation or omission after deciding the filing, the agency may nullify or revoke its
decision.
3

A mutual FSA converting to stock form is the one instance when a prefiling meeting is mandatory. Refer to
12 CFR 192.100.
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Requests for Confidential Treatment
A filer or an interested person submitting information to the OCC may request that specific
information be treated as confidential. The request should
•
•
•

indicate precisely which portions of a document are considered confidential.
discuss the justification for the requested treatment and specifically demonstrate the harm
(for example, loss of competitive position or invasion of privacy) that would result from
publicly releasing the information.
generally not extend to an entire filing.

If the OCC does not consider the information to be confidential, the OCC may include that
information in the public file after providing notice to the filer. In addition, the OCC may, at
its own initiative, determine that certain information should be treated as confidential and
withhold that information from the public file.
Certain filings may include personally identifiable information (PII). The term “PII” refers to
information that can be used to distinguish or trace an individual’s identity, either alone or
when combined with other information that is linked or linkable to a specific individual.
Examples of PII include an individual’s first name or first initial and last name, Social
Security number, passport number, credit card numbers, clearances, bank numbers,
biometrics (for example, fingerprints), date or place of birth, mother’s maiden name, or
medical data. If this type of information is lost, compromised, or disclosed without
authorization, it can cause substantial harm, embarrassment, inconvenience, or injustice to an
individual, including identity theft. Filers should request confidential treatment for portions
of a filing containing PII.
The filer should separate confidential information from nonconfidential information and label
the confidential portion as such. The OCC encourages filers to further separate PII into its
own separate confidential section of the filing. The filing should include a comprehensive
index or table of contents that identifies each item or section for which confidential treatment
is being requested.
If a filing is submitted through CATS, the filer is asked to identify each document uploaded
into CATS as public, confidential, or PII. The filer, however, must still request confidential
treatment and, where sought, provide justification for that treatment within the filing, as
described in this section.

Sample Forms and Filing Requirements
Sample forms for OCC filings are on the Comptroller’s Licensing Manual page on the
OCC’s website.
In lieu of using the OCC’s sample forms, filers may submit a form, application, or other
document that has been submitted to another federal agency if that submission covers the
proposed transaction and includes substantially the same information that the OCC requires.
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Each filer may submit its original filing by one of the following methods: entry into CATS,
hand delivery, regular mail, mail with return receipt requested, or express or overnight mail
service (for example, FedEx, Express Mail, or United Parcel Service). Filers may submit
additional information by any of those methods or by OCC secure email to the appropriate
OCC licensing office.

Fees
The OCC publishes a fee schedule at least annually in a bulletin titled “Office of the
Comptroller of the Currency Fees and Assessments.” A copy of the current bulletin and
notice of any fee suspensions are available on the Assessment & Fees page of the OCC’s
website.
Unless the OCC has waived the filing fee requirement, the appropriate fee must be paid by
means listed in the bulletin.
The OCC generally does not refund fees. When justified by the OCC’s processing cost or in
extenuating circumstances, however, the OCC may grant a request for a fee waiver,
reduction, or refund (fee concession). To request a fee concession, the filer should make a
written request, including justification, to the appropriate OCC licensing office before or
when submitting its filing. The OCC decides all requests individually. A fee concession may
be warranted for
•
•
•

a corporate reorganization when numerous affiliates are being combined, but only one
analysis is needed.
a transaction when multiple filings are necessary to comply with statutory or regulatory
requirements.
a filing necessitated by a natural disaster.

Publication
Filers for certain types of transactions must publish newspaper notices as required by laws or
regulations (public notice). A comment period, during which the public may provide
comment to the OCC, follows the public notice. The relevant Comptroller’s Licensing
Manual booklets discuss the specific publication requirement for each type of filing. The
“Public Notice and Comments” booklet also has a general discussion of public notice
requirements.

Weekly Bulletin
The OCC publishes the Weekly Bulletin, which provides notice of the OCC’s receipt of and
actions taken on applications and notices filed for the following: new charters, new branches,
mergers, conversions, fiduciary powers, subsidiaries, relocation of main offices and
branches, changes in corporate title, branch closings, changes in bank control, terminations,
and transactions involving federal branches and agencies. Although the Weekly Bulletin

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provides additional information to the public, it does not satisfy filers’ public notice
requirements.

Communications
The OCC encourages each filer to appoint a contact person to serve as its primary liaison. To
enhance communications between the OCC and the filer and to expedite handling, the OCC
encourages contact persons to use the CATS-assigned OCC control number, which identifies
each filing uniquely, on all communications during the filing process.
Interested parties can file written comments to support or oppose a proposed transaction or
activity during the public comment period. (Refer to the “Public Notice and Comments”
booklet.) The OCC encourages banks and interested persons, including community groups, to
communicate continuously on matters of material interest, not only when an application is
filed.
When public comments are received, the OCC provides the commenter with a copy of the
decision letter for the filing. (Refer to the “Public Notice and Comments” booklet.) A
member of Congress who files a congressional inquiry also receives a copy of the OCC’s
decision from the OCC’s Congressional Relations Division.

Requests for Copies of Public Portion of Applications and Notices
While a filing is pending with the OCC, the OCC licensing office may provide the public
portion of a filing to any person who requests it. The public file consists of those portions of
the filing, supporting data, and supplementary information that were submitted by the filer
and interested persons and not given confidential treatment.
To obtain the public portion of a pending filing, a person or entity should submit a written
request (using postal mail or e-mail) to the appropriate OCC licensing office.4 To obtain the
public portion of a closed or decided filing, a person or entity may submit a request
electronically through the OCC’s Web portal at https://foia-pal.occ.gov/palMain.aspx, or in
writing to the Office of the Comptroller of the Currency, Communications Division, 400 7th
St. SW, Washington, DC 20219, or complete a request online.
A person or entity seeking information on an application or notice beyond the public file
should submit that request online, under the procedures described in 12 CFR 4, subpart B.
The OCC may impose a fee for research and duplication expenses in accordance with
12 CFR 4.17 and at the rate the OCC publishes in the “Notice of Comptroller of the Currency
Fees” described in 12 CFR 8.8.

4

The OCC posts the public portions of all business combination and charter applications on the Freedom of
Information Act Electronic Reading Room page.
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Requests for Comments From Other Agencies
The OCC responds routinely to requests for comments from the following:
•
•
•
•

The Federal Deposit Insurance Corporation (FDIC) and the Board of Governors of the
Federal Reserve System (FRB) on banks involved in a merger.
The FDIC and the FRB on proposed acquisitions under the Change in Bank Control Act.
The FRB on Regulation K applications from national banks,5 acquisitions of banks by
existing bank holding companies, or proposed holding company formations by banks.
The FRB regarding applications filed pursuant to 12 USC 1842 involving the acquisition
of bank shares or assets of a national bank.6

Filing Review Process
Licensing staff reviews each filing upon receipt to determine whether the filing contains all
information necessary to reach a decision. Licensing staff
•
•
•

requests additional information from the filer if the filing does not contain all required
information.
solicits input from appropriate OCC staff (for example, legal, supervision, and
compliance).
processes each filing in a timely manner.

Please refer to the booklets within the Comptroller’s Licensing Manual for more specific
information related to the requirements for each filing type.

Expedited Review and Standard Review
For certain filings, the OCC grants an eligible bank expedited review. For this purpose,
“eligible bank or eligible savings association” means a national bank or FSA that (1) is well
capitalized as defined in 12 CFR 5.3; (2) has a composite rating of 1 or 2 under the Uniform
Financial Institutions Rating System; (3) has a Community Reinvestment Act (CRA) rating
of “outstanding” or “satisfactory,” if applicable; (4) has a consumer compliance rating of 1 or
2 under the Uniform Interagency Consumer Compliance Rating System; and (5) is not
subject to a cease-and-desist order, consent order, formal written agreement, or prompt
corrective action directive, or, if subject to any such order, is informed in writing by the OCC
that the national bank or FSA may be treated as an “eligible bank or eligible savings

5

Regulation K addresses foreign operations of FRB member banks and applications pertaining to the
establishment of foreign branches. Edge Act and Agreement corporations, investments in foreign companies
and subsidiaries, and requests to engage in new activities are not specifically authorized by the regulation.
6

Refer to 12 USC 1842(b). If the OCC disapproves of the application within 30 days of the FRB’s request for
comments, the FRB must hold a hearing on the application and decide whether to approve it based on the
information presented at the hearing.
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association” for purposes of 12 CFR 5.7 Refer to the applicable Comptroller’s Licensing
Manual booklet for further details on whether expedited treatment is available.
When a filer submits two or more related filings jointly, the OCC follows standard review
procedures unless all the submissions meet the qualifications for expedited review.
Additionally, the OCC may adopt materially different procedures as it deems necessary for
exceptional circumstances or unusual transactions. If all the filings qualify for expedited
review, they are decided as of the end of the longest applicable time period, unless the OCC
has advised the filer that they will not be given expedited treatment.
The OCC notifies the filer in writing if a filing is removed from expedited review. The OCC
may extend the expedited review period or remove a filing from expedited review if it
concludes that the filing, or an adverse comment regarding the filing, presents a significant
supervisory, CRA, or compliance concern, or raises a significant legal or policy issue that
requires additional OCC review.8
If one or more adverse public comments are received, the OCC will not extend the expedited
review period or remove a filing from expedited review if it determines the adverse
comments
•
•
•
•

do not raise a significant supervisory, CRA (if applicable), or compliance concern;
do not raise a significant legal or policy issue that requires additional OCC review;
are frivolous, nonsubstantive, or filed primarily as a means of delaying action on the
filing; or
raise a CRA concern that the OCC determines has been satisfactorily resolved.9 (Refer to
the “Public Notice and Comments” booklet.)

Additional Information Requests
Although the OCC strives to ask filers for additional information or opinions at the earliest
possible date, it may make that request at any time during the filing process. When the OCC
requests additional information, it provides the filer with a due date for its response. A
request for additional information does not suspend the review period for filings accorded
expedited review. Not providing the information within the time frame required, however,
could result in a filing being removed from expedited review, delayed, conditionally
approved, denied, deemed materially deficient, or deemed abandoned.
If additional information substantially changes the nature of the original filing, the OCC may
direct a filer to republish the public notice and provide the public with another opportunity
for comment.

7

Refer to 12 CFR 5.3.

8

Refer to 12 CFR 5.13(a)(2)(i).

9

Refer to 12 CFR 5.13(a)(2)(ii).

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Consolidated Entity
In its analysis of a filing, the OCC considers the activities, resources, and condition of
affiliates of the filer that reasonably may reflect on or affect the filer. For example, the OCC
recognizes that the strength of a parent company, combined with the direct support it offers,
might mitigate supervisory concerns about a filer. Conversely, the OCC recognizes when the
filer’s condition may be affected by the less than satisfactory condition of its parent or
affiliate companies. Accordingly, the OCC considers the extent to which the filer’s condition
is affected by the overall condition of the consolidated entity.

Approval or Conditional Approval
The OCC determines whether approval is consistent with applicable laws, regulations,
policies, and safety and soundness considerations. Criteria applicable to each type of filing
are in the respective Comptroller’s Licensing Manual booklet.
The OCC may condition its approval of an application or notice if it determines that one or
more conditions are necessary or appropriate to ensure that approval is consistent with
applicable laws, regulations, and OCC policies. Examples of possible conditions include
•
•

conditions that limit the activities a bank subsidiary may conduct or that set standards for
how certain activities may be conducted.
supervisory conditions that require adherence to a capital or CRA plan.

Conditions that the OCC imposes in approving an application or notice are enforceable under
12 USC 1818. The conditions remain in effect after the effective or consummation date of an
approved transaction or activity and continue until the OCC removes them. In decision letters
that include references to enforceability, the following language is inserted in a separate
paragraph that follows the list of conditions:
This condition of approval is a condition “imposed in writing by a federal banking
agency in connection with any action or any application, notice, or other request” within
the meaning of 12 USC 1818. As such, the condition is enforceable under 12 USC 1818.

Safeguard Agreements
In certain cases, the OCC conditions approval of a filing on the filer entering into and
complying with certain safeguard agreements. The OCC typically imposes such conditions in
transactions involving limited purpose banks, such as trust banks and credit card banks, to
address the specific risks inherent in those banks. The OCC may also impose conditions that
require a bank to enter into safeguard agreements to address unique issues or provide
additional support for the bank in other situations.
The OCC may use the following safeguard agreements:

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•

•

•

Operating Agreement (OA): An OA is a written agreement between the OCC and a
bank that sets forth specific requirements the bank must adhere to. The requirements
typically include minimum capital and liquidity levels, prior notice of significant changes
to a bank’s business plan, and board and committee independence standards.10
Capital Assurance and Liquidity Maintenance Agreement (CALMA): A CALMA is
a written agreement between a bank and its parent company that requires the parent
company to provide financial support if the bank cannot meet its capital or liquidity
minimums as required in the OA.
Capital and Liquidity Support Agreement (CSA): A CSA is similar to a CALMA and
is used in addition to the CALMA when the parent company is not a bank or savings and
loan holding company regulated by the FRB.

Consummation Requirements
The OCC imposes standard requirements on many filings that must be met before completing
the proposed transaction (for example, opening a bank or branch or completing a merger). In
addition, the OCC imposes other consummation requirements that filers must satisfy before
the OCC will issue a letter certifying that the proposed transaction was completed. Please
refer to the booklets in the Comptroller’s Licensing Manual for more specific information
related to the requirements for each filing type.

Denial
The OCC may deny a filing if
•
•
•

a significant supervisory, CRA (if applicable), or compliance concern exists with respect
to the filer or proposal.
approval would be inconsistent with applicable law, regulation, or OCC policy.
the filer does not provide, within the time frame required, information that the OCC
requested to make an informed decision.

Materially Deficient
The OCC may return a filing without a decision if it finds the filing to be materially deficient.
A filing is materially deficient if it lacks sufficient information for the OCC to make a
determination under the applicable statutory or regulatory criteria.

Abandonment
A filing must contain information required by the applicable regulation and the appropriate
form, and as described in the appropriate booklet of the Comptroller’s Licensing Manual. If a
filer does not provide required or additional requested information within the time period

10

OAs issued in the context of a licensing filing are not enforcement actions.

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specified by the OCC, the OCC may deem the filing abandoned and return the filing to the
filer.

Time Considerations
12 USC 4807 requires that the OCC (and all other federal banking agencies) take final action
on any application before the end of a one-year period beginning on the date when a
completed application is received. Filers may waive this requirement for any filing; the OCC,
however, expects to render a decision on each filing well in advance of the one-year
deadline.

Post-Decision Issues
Satisfaction Survey
The OCC includes a satisfaction survey with certain decision letters to filers. The OCC
welcomes comments and uses them to improve licensing policies and procedures.

Extension of Time
When the OCC approves or conditionally approves a filing, the approval expires at a
specified date if the filer does not consummate the transaction or commence the new or
expanded activity by that date. In extenuating circumstances, a filer may request an extension
of the approval from the appropriate OCC licensing office. The OCC does not grant
extensions generally unless it determines that the delay is beyond the filer’s control.

Nullifying a Decision
After rendering a decision on a filing, the OCC may nullify its decision if it discovers
•
•
•

a material misrepresentation or omission.
the decision is contrary to law, regulation, or OCC policy.
approval was granted because of a clerical or administrative error, or a material mistake
of law or fact.

Appeal
A filer may appeal an OCC decision under policy and procedures discussed in OCC Bulletin
2013-15, “Bank Appeals Process: Guidance for Bankers.” Filers may file an informal appeal
with the appropriate OCC licensing office director or a formal appeal to the Deputy
Comptroller for Licensing or the Ombudsman.

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Removal or Modification of Condition of Approval
A filer may request that the OCC remove or modify a condition that was imposed in a final
decision. The request should be in writing and include the OCC control number, a description
of the condition imposed that the bank wishes to modify or have removed, and a detailed
justification for such modification or removal. A board of directors’ resolution approving the
request to modify or remove the condition should accompany the request.

Copy of the OCC Decision on a Filing
Final decisions on filings are available to the public. Requests for those decisions may be
submitted electronically through the OCC’s Freedom of Information Act page or in writing
to the Office of the Comptroller of the Currency, Communications Division, 400 7th St. SW,
Washington, DC 20219. Requests for final decisions generally are answered within 20
business days of receipt.

Specific Requirements
Filings for Undercapitalized Banks
Pursuant to 12 USC 1831o, an undercapitalized bank shall not acquire,11, directly or
indirectly, any interest in any company or depository institution, establish or acquire any
additional branch office, or engage in any new line of business unless the OCC has accepted
the bank’s capital restoration plan, the bank is implementing the plan, and the OCC has
determined that the proposed action is consistent with and will further achieving the plan; or
the FDIC determines that the proposed action will further the purposes of 12 USC 1831o.

Community Reinvestment Act
Congress enacted the CRA to require federal bank and thrift regulators to encourage insured
depository institutions to help meet the credit needs of their entire communities, including
low- and moderate-income neighborhoods, consistent with the safe and sound operation of
the institutions. In accordance with the CRA, the OCC considers a filer’s record of CRA
performance in deciding applications for the following:
•
•
•
•

Establishment of a domestic branch
Relocation of a main, home, or branch office
Business combination
Conversion to a federal charter

On the Interpretations and Actions page of its website, the OCC publishes decision letters
that address CRA-related issues in licensing applications. (Refer to the Comptroller’s
Licensing Manual booklets for further discussion of the CRA’s effect on the filing types.)
11

Refer to 12 USC 1831o(b)(1)(C) and 12 CFR 6.4(b)(3) for the definition of an undercapitalized bank.

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Glossary
Application: A submission requesting prior OCC approval to engage in various corporate
activities or transactions.
Appropriate OCC licensing office: (1) The licensing office where the bank’s supervisory
office is located; (2) Headquarters licensing for the five largest banks and those banks
supervised out of Washington, D.C.
Complete filing: A filing that is fully responsive to each request for information included in
the relevant form and includes any information the OCC may subsequently request, or
otherwise provides adequate information when considered together with other information
available to the OCC for its decision.
Eligible bank or savings association: A national bank or FSA that is well capitalized under
12 CFR 5.3 and
•
•
•
•

has a composite CAMELS rating of 1 or 2.12
has a consumer compliance rating of 1 or 2.
has a satisfactory or better CRA rating. (This factor does not apply to an uninsured bank,
an uninsured federal branch, or a special purpose bank covered by 12 CFR 25.11(c)(3) or
195.11(c)(2).)
is not subject to a cease-and-desist order, consent order, formal written agreement, or
prompt corrective action directive, or, if subject to any such order, agreement, or
directive, is informed in writing by the OCC that the bank still may be treated as an
“eligible bank.”

Filer: A person or entity that submits a notice or application to the OCC.
Filing: An application or a notice submitted to the OCC.
Holding company: Any company that controls or proposes to control a bank regardless of
whether the company is a bank holding company under 12 USC 1841(a)(1) or a savings and
loan holding company under 12 USC 1467a.
Incomplete filing: A filing that is not fully responsive to each item of information included
in the relevant form or that the OCC determines lacks adequate information, when considered
together with other available information, for the OCC to make its decision.
Low- and moderate-income areas: A low-income area is one where the median family
income is less than 50 percent of the area median family income. A moderate-income area is
one where the median family income is at least 50 percent and less than 80 percent of the
12

A bank’s composite rating under the Uniform Financial Institutions Rating System, or CAMELS, integrates
ratings from six component areas: capital adequacy, asset quality, management, earnings, liquidity, and
sensitivity to market risk.
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area median family income. An area (or geography) is defined as a census tract delineated by
the U.S. Census Bureau in the most recent decennial census.
Notice: A submission notifying the OCC that a filer (1) intends to engage in certain
corporate activities or transactions, or (2) has begun certain corporate activities or
transactions (see application and filing).
Public file: For an application or notice, the public file consists of those portions of the
filing, supporting data, and supplementary information submitted by the filer and interested
persons that have not been afforded confidential treatment by the OCC.
Undercapitalized bank: An FDIC-insured depository institution that meets the criteria
established in 12 CFR 6.4(b)(3).

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References
In this section, references apply to both national banks (NB) and FSAs unless noted
otherwise that the referenced law, regulation, or issuance applies to NBs or FSAs.
Appeals Process
Regulation

12 CFR 5.13(f)

OCC Bulletin 2013-15, “Bank Appeals Process: Guidance for Bankers”
Community Reinvestment Act
Law
Regulation

12 USC 2901–2908
12 CFR 25 (NB), 12 CFR 195 (FSA)

Definitions
Regulation

12 CFR 5.3

Expedited Review of Filings
Regulation

12 CFR 5.13(a)(2)

Extension of Time for Review of Filings
Regulation

12 CFR 5.13(g)

Fees
Regulation

12 CFR 8.8
12 CFR 5.5
12 CFR 5.7(c)
12 CFR 8.6

Freedom of Information Act
Law
Regulation

5 USC 552
12 CFR 4.11

Misrepresentations or Omissions
Law

18 USC 1001
12 CFR 5.4(g)

Publication Requirement
Regulation

12 CFR 5.8

Public Comment
Regulation

12 CFR 5.10

Public File Availability
Regulation

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12 CFR 5.9

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Table of Updates Since Publication
Date of Last Publication: October 2019
Reason

Affected pages

Updated references to reflect current statutes, regulations, and OCC
guidance

3, 8

Updated regulatory citation for CRA

12, footnote 9

Updated regulatory citation for Freedom of Information Act

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