12 C.F.R. Subpart A—Organization and Functions


Title 12 - Banks and Banking


Title 12: Banks and Banking
PART 4—ORGANIZATION AND FUNCTIONS, AVAILABILITY AND RELEASE OF INFORMATION, CONTRACTING OUTREACH PROGRAM, POST-EMPLOYMENT RESTRICTIONS FOR SENIOR EXAMINERS

Browse Next

Subpart A—Organization and Functions

§ 4.1   Purpose.

This subpart describes the organization and functions of the Office of the Comptroller of the Currency (OCC), and provides the OCC's principal addresses.

§ 4.2   Office of the Comptroller of the Currency.

The OCC supervises and regulates national banks and Federal branches and agencies of foreign banks by examining these institutions to determine compliance with applicable laws and regulations; approving or denying applications for new charters or for changes in corporate or banking structure; approving or denying activities; taking supervisory or enforcement actions; appointing receivers and conservators; and issuing rules and regulations applicable to these institutions, their subsidiaries, and affiliates.

§ 4.3   Comptroller of the Currency.

The Comptroller of the Currency (Comptroller), as head of the OCC, is responsible for all OCC programs and functions. The Comptroller is appointed by the President, by and with the advice and consent of the Senate, for a term of five years. The Comptroller serves as a member of the board of the Federal Deposit Insurance Corporation, a member of the Federal Financial Institutions Examination Council, and a member of the board of the Neighborhood Reinvestment Corporation. The Comptroller is advised and assisted by OCC staff, who perform the duties and functions that the Comptroller directs.

§ 4.4   Washington office.

The Washington office of the OCC is the main office and headquarters of the OCC. The Washington office directs OCC policy, oversees OCC operations, and is responsible for the direct supervision of certain national banks, including the largest national banks (through its Multinational Banking Department) and other national banks requiring special supervision. The Washington office is located at 250 E Street, SW, Washington, DC 20219.

§ 4.5   District and field offices.

(a) District offices. Each district office of the OCC is responsible for the direct supervision of the national banks and Federal branches and agencies of foreign banks in its district, with the exception of the national banks supervised by the Washington office. The six district offices cover the United States, Puerto Rico, the Virgin Islands, Guam, and the Northern Mariana Islands. The office address and the geographical composition of each district follows:

 ------------------------------------------------------------------------                                                        Geographical         District               Office address          composition------------------------------------------------------------------------Northeastern..............  Office of the          Connecticut,                             Comptroller of the     Delaware, District                             Currency, 1114         of Columbia, Maine,                             Avenue of the          Maryland,                             Americas, Suite        Massachusetts, New                             3900, New York, NY     Hampshire, New                             10036.                 Jersey, New York,                                                    Pennsylvania, Puerto                                                    Rico, Rhode Island,                                                    Vermont, Virgin                                                    IslandsSoutheastern..............  Office of the          Alabama, Florida,                             Comptroller of the     Georgia,                             Currency, Marquis      Mississippi, North                             One Tower, Suite       Carolina, South                             600, 245 Peachtree     Carolina, Tennessee,                             Center Ave., NE,       Virginia, West                             Atlanta, GA 30303.     VirginiaCentral...................  Office of the          Illinois, Indiana,                             Comptroller of the     Kentucky, Michigan,                             Currency, One          Ohio, Wisconsin                             Financial Place,                             Suite 2700, 440                             South LaSalle                             Street, Chicago, IL                             60605.Midwestern................  Office of the          Iowa, Kansas,                             Comptroller of the     Minnesota, Missouri,                             Currency, 2345 Grand   Nebraska, North                             Ave., Suite 700,       Dakota, South Dakota                             Kansas City, MO                             64108.Southwestern..............  Office of the          Arkansas, Louisiana,                             Comptroller of the     New Mexico,                             Currency, 1600         Oklahoma, Texas.                             Lincoln Plaza, 500                             N. Akard Street,                             Dallas, TX 75201.Western...................  Office of the          Alaska, Arizona,                             Comptroller of the     California,                             Currency, 50 Fremont   Colorado, Guam,                             Street, Suite 3900,    Hawaii, Idaho,                             San Francisco, CA      Montana, Nevada,                             94105.                 Northern Mariana                                                    Islands, Oregon,                                                    Washington, Wyoming,                                                    Utah.------------------------------------------------------------------------

(b) Field offices and duty stations. Field offices and duty stations support the bank supervisory responsibilities of the district offices.

§ 4.6   Frequency of examination of national banks.

(a) General. The OCC examines national banks pursuant to authority conferred by 12 U.S.C. 481 and the requirements of 12 U.S.C. 1820(d). The OCC is required to conduct a full-scope, on-site examination of every national bank at least once during each 12-month period.

(b) 18-month rule for certain small institutions. The OCC may conduct a full-scope, on-site examination of a national bank at least once during each 18-month period, rather than each 12-month period as provided in paragraph (a) of this section, if the following conditions are satisfied:

(1) The bank has total assets of $250 million or less;

(2) The bank is well capitalized as defined in part 6 of this chapter;

(3) At the most recent examination, the OCC found the bank to be well managed;

(4) At the most recent examination, the OCC assigned the bank a composite rating of 1 or 2 under the Uniform Financial Institutions Rating System (copies are available at the addresses specified in §4.14);

(5) The bank currently is not subject to a formal enforcement proceeding or order by the FDIC, OCC, or Federal Reserve System; and

(6) No person acquired control of the bank during the preceding 12-month period in which a full-scope, on-site examination would have been required but for this section.

(c) Authority to conduct more frequent examinations. This section does not limit the authority of the OCC to examine any national bank as frequently as the agency deems necessary.

[63 FR 16380, Apr. 2, 1998]

§ 4.7   Frequency of examination of Federal agencies and branches.

(a) General. The OCC examines Federal agencies and Federal branches (as these entities are defined in §28.11 (h) and (i), respectively, of this chapter) pursuant to the authority conferred by 12 U.S.C. 3105(c)(1)(C). Except as noted in paragraph (b) of this section, the OCC will conduct a full-scope, on-site examination of every Federal branch and agency at least once during each 12-month period.

(b) 18-month rule for certain small institutions—(1) Mandatory standards. The OCC may conduct a full-scope, on-site examination at least once during each 18-month period, rather than each 12-month period as provided in paragraph (a) of this section, if the Federal branch or AGENCY:

(i) Has total assets of $250 million or less;

(ii) Has received a composite ROCA supervisory rating (which rates risk management, operational controls, compliance, and asset quality) of 1 or 2 at its most recent examination;

(iii) Satisfies the requirements of either the following paragraph (b)(1)(iii) (A) or (B):

(A) The foreign bank's most recently reported capital adequacy position consists of, or is equivalent to, Tier 1 and total risk-based capital ratios of at least 6 percent and 10 percent, respectively, on a consolidated basis; or

(B) The branch or agency has maintained on a daily basis, over the past three quarters, eligible assets in an amount not less than 108 percent of the preceding quarter's average third party liabilities (determined consistent with applicable federal and state law), and sufficient liquidity is currently available to meet its obligations to third parties;

(iv) Is not subject to a formal enforcement action or order by the Federal Reserve Board, the Federal Deposit Insurance Corporation, or the OCC; and

(v) Has not experienced a change in control during the preceding 12-month period in which a full-scope, on-site examination would have been required but for this section.

(2) Discretionary standards. In determining whether a Federal branch or agency that meets the standards of paragraph (b)(1) of this section should not be eligible for an 18-month examination cycle pursuant to this paragraph (b), the OCC may consider additional factors, including whether:

(i) Any of the individual components of the ROCA rating of the Federal branch or agency is rated “3” or worse;

(ii) The results of any off-site supervision indicate a deterioration in the condition of the Federal branch or agency;

(iii) The size, relative importance, and role of a particular office when reviewed in the context of the foreign bank's entire U.S. operations otherwise necessitate an annual examination; and

(iv) The condition of the foreign bank gives rise to such a need.

(c) Authority to conduct more frequent examinations. Nothing in paragraph (a) or (b) of this section limits the authority of the OCC to examine any Federal branch or agency as frequently as the OCC deems necessary.

[63 FR 46120, Aug. 28, 1998, as amended at 64 FR 56952, Oct. 22, 1999]

Browse Next























































chanrobles.com