12 C.F.R. Subpart A—Pre-Filing and Filing Procedures
Title 12 - Banks and Banking
Source: 66 FR 13000, Mar. 2, 2001, unless otherwise noted.
(a) Chart. To determine whether you must attend a pre-filing meeting before you file an application, please consult the following chart: (b) Contacting the Regional Office. (1) You must contact the appropriate Regional Office a reasonable time before you file an application described in paragraph (a) of this section. Unless paragraph (a) already requires a pre-filing meeting or a draft business plan, the Regional Office will determine whether it will require a pre-filing meeting, and whether you must submit a business plan or other relevant information before the meeting. The Regional Office will also establish a schedule for any meeting and the submission of any information. (2) All other applicants are encouraged to contact the appropriate Regional Office to determine whether a pre-filing meeting or the submission of a draft business plan or other relevant information would expedite the application review process. If you must submit a draft business plan under §516.15, your plan must: (a) Clearly and completely describe the savings association's projected operations and activities; (b) Describe the risks associated with the transaction and the impact of this transaction on any existing activities and operations of the savings association, including financial projections for a minimum of three years; (c) Identify the majority of the proposed board of directors and the key senior executive officers (as defined in §563.555 of this chapter) of the savings association and demonstrate that these individuals have the expertise to prudently manage the activities and operations described in the savings association's draft business plan; and (d) Demonstrate how applicable requirements regarding serving the credit and lending needs in the market areas served by the savings association will be met. Filing Procedures (a) Expedited treatment. If you are eligible for expedited treatment under §516.5, you may file your application in the form of a notice that includes all information required by the applicable substantive regulation. If OTS has designated a form for your notice, you must file that form. Your notice is an application for the purposes of all statutory and regulatory references to “applications.” (b) Standard treatment. If you are subject to standard treatment under §516.5, you must file your application following all applicable substantive regulations and guidelines governing the filing of applications. If OTS has a designated form for your application, you must file that form. (c) Waiver requests. If you want OTS to waive a requirement that you provide certain information with the notice or application, you must include a written waiver request: (1) Describing the requirement to be waived and (2) Explaining why the information is not needed to enable OTS to evaluate your notice or application under applicable standards. (a) Required information. You may obtain information about required certifications, other regulations and guidelines affecting particular notices and applications, appropriate forms, and instructions from any OTS Regional Office. You may also obtain forms and instructions on OTS's web page at www.ots.treas.gov. (b) Captions and exhibits. You must caption the original application and required copies with the type of filing, and must include all exhibits and other pertinent documents with the original application and all required copies. You are not required to include original signatures on copies if you include a copy of the signed signature page or the copy otherwise indicates that the original was signed. (a) Confidentiality. OTS makes submissions under this part available to the public, but may keep portions of your application confidential based on the rules in this section. (b) Confidentiality request. (1) You may request OTS to keep portions of your application confidential. You must submit your request in writing with your application and must explain in detail how your request is consistent with the standards under the Freedom of Information Act (5 U.S.C. 552) and part 505 of this chapter. For example, you should explain how you will be substantially harmed by pubic disclosure of the information. You must separately bind and mark the portions of the application you consider confidential and the portions you consider non-confidential. (2) OTS will not treat as confidential the portion of your application describing how you plan to meet your Community Reinvestment Act (CRA) objectives. OTS will make information in your CRA plan, including any information incorporated by reference from other parts of your application, available to the public upon request. (c) OTS determination on confidentiality. OTS will determine whether information that you designate as confidential may be withheld from the public under the Freedom of Information Act (5 U.S.C. 552) and part 505 of this chapter. OTS will advise you before it makes information you designate as confidential available to the public. (a) Regional Office. (1) You must file the original application and the number of copies indicated on the applicable form with the applications filing division of the appropriate OTS Regional Office. You should address the filings to “Attn: Applications Filing Room” at the Regional address listed in paragraph (a)(2) of this section. If the form does not indicate the number of copies you must file or if OTS has not prescribed a form for your application, you must file the original application and two copies. (2) The addresses of each Regional Office and the states covered by each office are: (b) Additional filings with OTS Headquarters. (1) In addition to filing in the Regional Office, if your application involves a significant issue of law or policy or if an applicable regulation or form directs you to file with OTS Headquarters, you must also file copies of your application with the Applications Filing Room at OTS headquarters, 1700 G Street, NW., Washington, DC 20552. You must file the number of copies indicated on the applicable form. If the form does not indicate the number of copies you must file or if OTS has not prescribed a form for your application, you must file three copies. (2)(i) You may obtain a list of applications involving significant issues of law or policy at the OTS website at www.ots.treas.gov or by contacting a Regional Office. (ii) OTS reserves the right to identify significant issues of law or policy in a particular application. OTS will advise you, in writing, if it makes this determination. [66 FR 13000, Mar. 2, 2001, as amended at 66 FR 65820, Dec. 21, 2001; 67 FR 78152, Dec. 23, 2002; 69 FR 76602, Dec. 22, 2004] (a) Your application's filing date is the date that you complete all of the following requirements. (1) You attend a pre-filing meeting and submit a draft business plan or relevant information, if OTS requires you to do so under §516.15. (2) You file your application and all required copies with OTS, as described under §516.40. (i) If you are required to file with a Regional Office and with OTS Headquarters, you have not filed with OTS until you file with both offices. (ii) You have not filed with a Regional Office or OTS Headquarters until you file the application and the required number of copies with that office. (iii) If you file after the close of business established by a Regional Office or OTS Headquarters, you have filed with that office on the next business day. (3) You pay the applicable fee. You have not paid the fee until you submit the fee to the appropriate Regional Office, or OTS waives the fee. You may pay by check, money order, cashier's check or wire transfer payable to OTS. (b) OTS may notify you that it has adjusted your application filing date if you fail to meet any applicable publication requirements. (c) If, after you properly file your application with the Regional Office, OTS determines that a significant issue of law or policy exists under §516.40(b)(2)(ii), the filing date of your application is the day you filed with the Regional Office. The 30-day review period under §§516.200 or 516.210 of this part will restart in its entirety when the Regional Office forwards the appropriate number of copies of your application to OTS Headquarters. To amend or supplement your application, you must file the amendment or supplemental information at the appropriate OTS office(s) along with the number of copies required under §516.40. Your amendment or supplemental information also must meet the caption and exhibit requirements at §516.30(b).
Title 12: Banks and Banking
PART 516—APPLICATION PROCESSING PROCEDURES
Subpart A—Pre-Filing and Filing Procedures
Pre-Filing Procedures
§ 516.15 Must I meet with OTS before I file my application?
------------------------------------------------------------------------ If you file * * * Then * * *------------------------------------------------------------------------(1) An application for permission to You must meet with OTS before organize a de novo federal savings filing your application. You association. must submit a draft business plan before this meeting.(2) An application to convert an You must meet with OTS before existing insured depository filing your application. OTS institution (other than a state- may require you to submit a chartered savings association or a draft business plan or other state-chartered savings bank) or a relevant information before credit union to a federal savings this meeting. association.(3) An application to acquire control OTS may require you to meet of a savings association. with OTS before filing your application and may require you to submit a draft business plan or other relevant information before this meeting.------------------------------------------------------------------------
§ 516.20 What information must I include in my draft business plan?
§ 516.25 What type of application must I file?
§ 516.30 What information must I provide with my application?
§ 516.35 May I keep portions of my application confidential?
§ 516.40 Where do I file my application?
---------------------------------------------------------------------------------------------------------------- Region Office address States served----------------------------------------------------------------------------------------------------------------Northeast.................................... Office of Thrift Supervision, Connecticut, Delaware, Maine, Harborside Financial Center Massachusetts, New Hampshire, Plaza Five, Suite 1600, Jersey New Jersey, New York, Ohio, City, New Jersey 07311. Pennsylvania, Rhode Island, Vermont, West VirginiaSoutheast.................................... Office of Thrift Supervision, Alabama, District of Columbia, 1475 Peachtree Street, N.E., Florida, Georgia, Illinois, Atlanta, Georgia 30309 (Mail Indiana, Kentucky, Maryland, to: P.O. Box 105217, Atlanta, Michigan, North Carolina, Georgia 30348-5217). Puerto Rico, South Carolina, Virginia, the Virgin Islands.Midwest...................................... Office of Thrift Supervision, Arkansas, Iowa, Kansas, 225 E. John Carpenter Freeway, Louisiana, Mississippi, Suite 500, Irving, Texas 75062- Missouri, Nebraska, Oklahoma, 2326 (Mail to: P.O. Box 619027, Tennessee, Texas, Wisconsin. Dallas/Ft. Worth, Texas 75261- 9027).West......................................... Office of Thrift Supervision, Alaska, Arizona, California, Pacific Plaza, 2001 Junipero Colorado, Guam, Hawaii, Idaho, Serra Boulevard, Suite 650, Montana, Nevada, New Mexico, Daly City, California 94014- North Dakota, Northern Mariana 1976 (Mail to: P.O. Box 7165, Islands, Oregon, South Dakota, San Francisco, California 94120- Utah, Washington, Wyoming. 7165).----------------------------------------------------------------------------------------------------------------
§ 516.45 What is the filing date of my application?
§ 516.47 How do I amend or supplement my application?
