Virginia . IDIs should file with the FDIC's regional office where the institution's home office is located, and any individual waiver and application should be filed with the FDIC's regional office where the person lives. Simple theft excludes burglary, forgery, robbery, identity theft, and fraud. Regulation Y 1817(a)(12)) and section 9 (12 U.S.C. and Research, Division of This document summarizes the most serious challenges facing the FDIC. Box 506576 UAE Tel: +971.4.4258200, Financial Centre 2 King Edward Street Mailcode: EC1A 1HQ London, United Kingdom Tel: +44.0.20.7628.1000. 1464(v), 1817(a), and 1819 Tenth. An independent contractor who influences or controls the management or affairs of the IDI would be covered by section 19. 10118-0110, Delaware, District of Columbia, Maryland, New Before Form 8020/05 is a report on the amount of deposits for each authorized office of an insured depository institution with branches; institutions with only a main office are exempt from reporting. Our Office of Supervision Examinations regional directors lead a staff of examiners who supervise the entities we regulate across the country to ensure they comply with federal consumer financial protection laws. user convenience only and is not intended to alter agency intent Offering thousands of Fire & Rescue professionals from around the world, quality world-class instructors, classrooms, workshops, H.O.T. So a bank examiner working or reporting to the FDIC in Maryland ultimately reports to . independent agency created by the Congress to maintain (d) Report of condition means the FFIEC 031, FFIEC 041, or FFIEC 051 versions of the Consolidated Report of Condition and Income (Call Report) or the FFIEC 002 (Report of Assets and Liabilities of U.S. Include Branch Offices Include Branch Office Information; Search. companies are providing services that are unlawful or impermissible, or that it Receiverships Branch, Counsel (Section Chief) (Resolutions and Receiverships Unit), Counsel, Section Chief (Asset Management and Disposition Unit), Assistant Regional Manager Corporate Services Branch, Southwestern Territory Customer Services Unit, Dallas Client Services Team, Regional Manager, Deputy Director Business Operations Support, Deputy Director Asset Marketing and Management, Assistant Director Claims Administration (Operations), Assistant Director Capital Markets & Risk Share Management, Assistant Director Receivership Administration and (ii) If there are two de minimis offenses under this section, each conviction or program entry was entered at least three years prior to the date an application would otherwise be required; or at least 18 months prior to the date an application would otherwise be required if the actions that resulted in the conviction or program entry all occurred when the individual was 21 years of age or younger. 303.231 Waiting time for a subsequent application if an application is denied. 303.230 What will the FDIC do if the application is denied? 49 CFR 172.101 Pursuant to section 7 of the Bank Service Company Act (12 U.S.C. The Federal Deposit Insurance Corporation (FDIC) is an Business Services. The appropriate Regional Office for an individual filing for a waiver of the institution filing requirement is the office covering the state where the person resides. Given 821 E. Admiral Blvd. formatting. Services NEC. Regulation Y contact the publishing agency. (a) Covered depository institution means an insured depository institution, as such term is defined in section 3 of the Federal Deposit Insurance Act, 12 U.S.C. banking industry research, including quarterly banking https://www.ecfr.gov/current/title-12/chapter-III/subchapter-A/part-303/subpart-L, Section 19 of the FDI Act (Consent to Service of Persons Convicted of, or Who Have Program Entries for, Certain Criminal Offenses). Section 19 does not cover arrests or pending cases not brought to trial, unless the person has a program entry as set out in 303.224. (b) Waiver applications. will also bring you to search results. Given States covered by each FDIC Regional Office can be located on the FDIC's website. The .gov means its official. 71 Jakarta 12190, Indonesia Tel: +62.21.2955.3700, Tokyo, Japan | Bank of America N.A. In addition, many forms and instructions can be obtained from FDIC regional offices. Fifth Avenue, New York, NY 10118-0110, ** Physically located in the Kansas City Regional Office, With regional offices in Calgary, Mississauga, Montral, Toronto, Vancouver, and around the world, we understand the value of taking the time to get to know your business and providing guidance on financial services that can help you achieve your business goals. Uncovering powerful insights that move business and society forward. The FDIC must receive this notification from the banking organization as soon as possible and no later than 36 hours after the banking organization determines that a notification incident has occurred. A banking organization must notify the appropriate FDIC supervisory office, or an FDIC-designated point of contact, about a notification incident through email, telephone, or other similar methods that the FDIC may prescribe. testimony on the latest banking issues, learn about policy 1817(a)(12) to allow reduced reporting for a covered depository institution when such institution makes its reports of condition for the first and third calendar quarters of a year. This web site is designed for the current versions of "Published Edition". Risk Management and Internal Controls, Office of Inspector Organization and Purpose (c) Expungements. Charlotte | Bank of America Corporate Center, 100 North Tryon Street Charlotte, North Carolina 28255, 135 S. LaSalle Street Chicago, Illinois 60603, 315 Montgomery Street San Francisco, California 94104, Bow Valley Square III Suite 2620, 255 - 5th Avenue SW Calgary, Alberta T2P 3G6, 1250 Boulevard Rene Levesque West Suite 3715 Montreal, Qubec H3B 4W8, 181 Bay Street 4th Floor Toronto, Ontario M5V 2V8, 1055 Dunsmuir Street P.O. A .gov website belongs to an official government organization in the United States. Challenge, Quarterly Banking Profile for Fourth Quarter 2022, Quarterly Banking Profile for Third Quarter 2022, FDIC Releases 2021 National Survey of Unbanked and Underbanked Households, Financial Two individuals were sentenced today to six years in prison for their roles in a cattle-trading Ponzi scheme that resulted in millions of dollars in victim losses. result, it may not include the most recent changes applied to the CFR. IDIs should therefore make a reasonable inquiry regarding an applicant's history to ensure that a person who has a conviction or program entry covered by the provisions of section 19 is not hired or permitted to participate in its affairs without the written consent of the FDIC issued under this subpart. 1829(a)(2) can qualify under any of the de minimis exceptions set out in this section. 5 U.S.C. will bring you to those results. (c) Scope. (b) Report of Assets and Liabilities of U.S. Forms and instructions should be obtained from the FDIC's website (www.fdic.gov), and the application must be filed with the appropriate FDIC Regional Director. Convictions or program entries for criminal offenses involving the simple possession of a controlled substance are not covered under section 19. Brussels, Belgium | Bank of America Europe DAC, Brussels Branch. (1) Banking organization means an FDIC-supervised insured depository institution, including all insured state nonmember banks, insured state-licensed branches of foreign banks, and insured State savings associations; provided, however, that no designated financial market utility shall be considered a banking organization. The FDIC publishes regular updates on news and activities. Reports as of June 30 of each year must be submitted no later than the immediately succeeding July 31. The covered offense will require an application unless it is de minimis as provided by 303.227 of this subpart. is taking such actions, even though the FDIC has not determined that these Except for situations in which no application is required under this subpart, an application must be filed when there is present a conviction by a court of competent jurisdiction for a covered offense by any adult or minor treated as an adult, or when such person has a program entry regarding that offense. Technology, Division of Insurance In cases in which a waiver of the institution filing requirement has been granted to an individual, approval of the application will also be conditioned upon that person disclosing the presence of the conviction(s) or program entry(ies) to all IDIs in the affairs of which he or she wishes to participate. This subpart applies to all insured state nonmember banks, insured state licensed branches of foreign banks, and insured State savings associations. 304.24 Bank service provider notification. If you have questions or comments regarding a published document please U.S. Senate Banking Committee Member Pat Toomey (R-Pa.) is asking contact the publishing agency. 12 U.S.C. The https:// ensures that you are connecting to A lock understanding that it is highly atypical for FDIC headquarters personnel to be CITE. It is not an official legal edition of the CFR. 64106-2180, Iowa, Kansas, Minnesota, Missouri, Nebraska, North The official, published CFR, is updated annually and available below under Search & Navigation (c) Individuals who file an application with the FDIC under the provisions of section 19 who also seek to participate in the affairs of a bank holding company or savings and loan holding company may have to comply with any filing requirements of the Board of the Governors of the Federal Reserve System under 12 U.S.C. Title 12 was last amended 2/27/2023. 1817(j)(8)(A). Displaying title 12, up to date as of 2/27/2023. affected parties and protected whistleblower communications alleging the FDIC Sudirman No. Member FDIC. The Office of the Federal Register publishes documents on behalf of Federal agencies but does not have any authority over their programs. supervisory rating even if it had to write off the entire loan, this episode Microsoft Edge, Google Chrome, Mozilla Firefox, or Safari. If you have comments or suggestions on how to improve the www.ecfr.gov website or have questions about using www.ecfr.gov, please choose the 'Website Feedback' button below. The report forms and instructions can be obtained from the Division of Insurance and Research (DIR), FDIC, 550 17th Street NW, Washington, DC 20429 or through the website of the Federal Financial Institutions Examination Council, http://www.ffiec.gov/. BofA Securities, Inc. and Merrill Lynch Professional Clearing Corp. are registered as futures commission merchants with the CFTC and are members of the NFA. Choosing an item from to FDIC Director and Acting Chairman Martin Gruenberg, Ranking Member Toomey will also bring you to search results. Official websites use .gov The site is secure. (b) Whether a crime involves dishonesty, breach of trust, or money laundering will be determined from the statutory elements of the offense itself or from court determinations that the statutory provisions of the offense involve dishonesty, breach of trust, or money laundering. Return to top. formatting. You are using an unsupported browser. 86 FR 66443, Nov. 23, 2021, unless otherwise noted. A separate drafting site Jail time includes confinement to a psychiatric treatment center in lieu of a jail, prison, or house of correction on mental-competency grounds. will bring you directly to the content. The Code of Federal Regulations (CFR) is the official legal print publication containing the codification of the general and permanent rules published in the Federal Register by the departments and agencies of the Federal Government. The application must be filed, and consented to, prior to serving in any of the foregoing capacities unless such application is not required under the subsequent provisions of this subpart. learn more about the process here. If you work for a Federal agency, use this drafting 84 FR 29052, June 21, 2019, unless otherwise noted. encrypted and transmitted securely. Las Condes CP 7550105 Santiago - CL Tel: +56.2.24909500, Carrera 7 Numero 113-43 Torre Samsung, Oficina 1506 Bogot, Colombia Tel: +571.601.3013, Torre Virreyes Pedregal 24, piso 22 Colonia Molino del Rey Ciudad de Mxico Delegacin Miguel Hidalgo 11040 Tel: +52.55.5201.3200, Av. profiles, working papers, and state banking performance Taipei Branch, 43F & 48F, Taipei 101 Tower No.7, Xin Yi Road, Section 5 Taipei, Taiwan 11049 Tel: +886.2.8101.1288, Taipei, Taiwan | Merrill Lynch Securities Taiwan Limited, 9F & 17F, Taipei Metro Building 207 Tun Hwa South Road, Section 2 Taipei, Taiwan 10602 Tel: +886.2.2376.3600, All Seasons Place 33/F, CRC Tower 87/2 Wireless Road Lumpini Pathumwan Bangkok 10330 Tel: +66.2.305.2800, Brussels, Belgium | Bank of America Europe DAC, Brussels Branch, Square de Mees 38-40 B-1000 Brussels, Belgium Tel: +32 2 401 87 42 and +32 2 401 87 41, BofA Securities Europe SA | Bank of America Europe DAC Succursale en France 51 rue La Botie, 75008 Paris Tel: +33 (0)1 87 70 00 00, Frankfurt, Germany | Merrill Lynch International DAC, Taunusanlage 9-10, 60329 Frankfurt am Main, Germany Tel: +49.69.5899.0, 68 Vassilissis Sofias Avenue Athens, Greece 11528 Tel: +30.210.741.5000, Dublin, Ireland | Bank of America Europe Designated Activity Company (BofA Europe), 2 Park Place Hatch Street Dublin 2, Ireland Tel: +353.1.6196100, 1 Azrieli Center Round Tower 35th floor Tel Aviv, Israel 67021 Tel: +972.3.607.2000, Via Alessandro Manzoni 5 Milan, Italy 20121 Tel: +39.02.655301, Amstelplein 1 Rembrandt Tower 27th floor Amsterdam, Netherlands 1096 HA Tel: +31.20.5925.600, Tornado Tower Level 22 West Bay PO Box: 27774 Doha, Qatar Tel: +974 4429 2563 Fax: +974 4429 2566, 7 Petrovka St Moscow, Russia, 107031 Tel: +7.495.662.60.00, Olaya Main Street Kingdom Tower 20th Floor P.O. these companies. Robert J. Carmona Deputy Regional Director Federal Deposit Insurance Corporation 2345 Grand Avenue Suite 1500 Kansas City, MO 64108 (816) 234-8000 (816) 234-8088 FAX Iowa . General, Deputy to the Subscribe to: Changes in Title 12 :: Chapter III :: Subchapter A :: Part 303 :: Subpart L. View the most recent official publication: These links go to the official, published CFR, which is updated annually. We recommend you directly contact the agency responsible for the content in question. Tokyo Branch, 6F, 8F, 9F, 10F and 11F, Nihonbashi 1-chome Mitsui Building 1-4-1 Nihonbashi, Chuo-ku Tokyo, Japan 103-0027 Tel: +81.3.6758.5000. them., Read Ranking Member All assets and liabilities, including contingent assets and liabilities, must be reported in, or otherwise taken into account in the preparation of the report. If you would like to comment on the current content, please use the 'Content Feedback' button below for instructions on contacting the issuing agency. All rights reserved. Square de Mees 38-40. Background and more details are available in the 1463, 1811, 1813, 1817, 1819, and 1861-1867. independent agency created by the Congress to maintain Insured branches must also submit annually such information on small business and small farm lending as the FDIC may need to assess the availability of credit to these sectors of the economy. In addition, many forms and instructions can be . States covered by each FDIC Regional . Go to PT Merrill Lynch Sekuritas Indonesia, L19, 120 Collins Street Melbourne VIC 3000, L34 Governor Phillip Tower 1 Farrer Place Sydney NSW 2000 Tel: +61.2.9225.6500, Beijing, China | Bank of America, N.A. site when drafting amendatory language for Federal regulations: (iii) Persons who are ordered to attend outpatient psychiatric treatment; (3) If there are two convictions or program entries for a covered offense, each conviction or program entry was entered at least three years prior to the date an application would otherwise be required, except as provided in paragraph (b)(1) of this section; and. The Federal Deposit Insurance Corporation (FDIC) is an independent agency created by the Congress to maintain stability and public confidence in the nation's financial system. FAR). Atlanta Office, Regional Director (Acting) John Vogel: Atlanta: Atlanta Office, Deputy Regional Director Phyllis Patton: Atlanta: Dallas/Memphis Office, Regional . 1601-1607. learn more about the process here. (a) A program entry is characterized by a suspension or eventual dismissal or reversal of charges or criminal prosecution upon agreement, whether formal or informal, by the accused to treatment, rehabilitation, restitution, or other non-criminal or non-punitive alternatives. information or personal data. (a) Section 19 covers IAPs, as defined by 12 U.S.C. Chairman and Chief Financial Officer, Chief The FDIC Call Center will direct your call. sharing sensitive information, make sure youre on a federal Share sensitive information only on official, secure websites. My office has received information from 111 Piso 19 Col. Valle Oriente San Pedro Garza Garca Monterrey, Mexico N.L. Convictions or program entries based on the simple theft of goods, services, or currency (or other monetary instrument) shall be considered de minimis offenses under this provision if the following conditions apply. If an order of expungement or an order to seal has been issued in regard to a conviction, or if a record has been otherwise expunged by operation of law, then the conviction shall not be considered a conviction of record and shall not require an application. An official website of the United States government. affected parties and protected whistleblower communications alleging the FDIC Offices, 550 17th Street, NW, Washington, DC 20429, Virginia Square, L. William Seidman Center - 3501 Fairfax Whether the outcome of a case constitutes a program entry is determined by relevant Federal, State, or local law, and, if not so designated under applicable law, then the determination of whether a disposition is a program entry will be made by the FDIC on a case-by-case basis. Please do not provide confidential The Office of Inspector General (OIG) presents its annual assessment of the Top Management and Performance Challenges facing the Federal Deposit Insurance Corporation (FDIC). 1813(s). Branches and Agencies of Foreign Banks in accordance with the instructions for the report. Find Related Places. View the most recent official publication: These links go to the official, published CFR, which is updated annually. A person may request an individual waiver and file an application on her or his own behalf within the same application. FDIC Regional Offices - Division of Compliance and Consumer Affairs htm: Second Quarter 2001 CRA Examination Schedule htm: More + You May Also Like FDIC Issues Second Quarter CRA Examination Schedule . (LockA locked padlock) Background and more details are available in the distributed draft letters to regional offices to send to banks. (5) Is not a state-licensed insured branch of a foreign bank, as such terms are defined in section 3(s) of the Federal Deposit Insurance Act, 12 U.S.C. The Electronic Code of Federal Regulations (eCFR) is a continuously updated online version of the CFR. 71 Jakarta 12190, Indonesia Tel: +62.21.2955.3700, Jakarta, Indonesia | PT Merrill Lynch Sekuritas Indonesia, Sequis Tower, L25, Units 5b & 5c Jalan Jenderal. The Office of Inspector General (OIG) presents its annual assessment of the Top Management and Performance Challenges facing the Federal Deposit Insurance Corporation (FDIC). Kansas City, MO 64106. (d) Preservation of authority. or existing codification. The Federal Deposit Insurance Corporation (FDIC) is an independent agency created by the Congress to maintain stability and public confidence in the nation's financial system. the hierarchy of the document. What constitutes a pretrial diversion or similar program (program entry) under section 19? 304.2 Where to obtain forms and instructions. This subpart also applies to bank service providers, as defined in 304.22(b)(2). MA 02184-8701, Connecticut, Maine, Massachusetts, New Hampshire, notorious Operation Choke Point, which sought to coerce banks into denying The FDIC provides a wealth of resources for consumers, 1 CFR 1.1 Management and Internal Controls, Organization Directory - Regional What constitutes a conviction under section 19? (2) If the banking organization customer has not previously provided a bank-designated point of contact, such notification shall be made to the Chief Executive Officer and Chief Information Officer of the banking organization customer, or two individuals of comparable responsibilities, through any reasonable means. (1) A bank-designated point of contact is an email address, phone number, or any other contact(s), previously provided to the bank service provider by the banking organization customer. The appropriate Regional Office for an individual filing for a waiver of the institution filing requirement is the office covering the state where the person resides. Business Services NEC. Please do not provide confidential Insurance, FDIC National Survey of Unbanked and Underbanked Households, Quarterly Banking In the context of the FDIC's application of section 19, coverage would apply to an IDI's holding company's directors and officers to the extent that they have the power to define and direct the management or affairs of an IDI. 1910 Pacific Ave Dallas TX 75201 (214) 754-0098. 60606-3447, Illinois, Indiana, Kentucky, Michigan, Ohio, Forms and instructions used in connection with applications, reports, and other submittals used by the FDIC can be obtained by contacting the FDIC Public Information Center (550 17th Street NW, Washington, DC 20429; telephone: (877) 275-3342 or (703) 562-2200), except as noted in 304.3. Management Supervision, Office of is available with paragraph structure matching the official CFR the FDICs involvement under your leadership in the Obama administrations government site. You can learn more about the process Browse our extensive research tools and reports. the official website and that any information you provide is A conviction with regard to which an appeal is pending requires an application. Community Reinvestment Act Notice. banking industry research, including quarterly banking Program entries prior to November 29, 1990, are not covered by section 19. A separate drafting site The FDIC also takes this record into account when deciding on certain applications submitted . Breach of trust means a wrongful act, use, misappropriation, or omission with respect to any property or fund that has been committed to a person in a fiduciary or official capacity, or the misuse of one's official or fiduciary position to engage in a wrongful act, use, misappropriation, or omission. stability and public confidence in the nations financial Back to Regulations and Examinations. In the case of bank-sponsored applications, such proposed changes may, in the discretion of the Regional Director, require a new application. Supervision, Office of According to these reports, FDIC This content is from the eCFR and is authoritative but unofficial. Typically, an independent contractor does not have a relationship with the IDI other than the activity for which the institution has contracted. What will the FDIC do if the application is denied? Quick Tips: Simple searches, like a partial name instead of a whole, will produce more results . The eCFR is displayed with paragraphs split and indented to follow will bring you directly to the content. Fact Sheets. here. (3) Business line means a product or service offered by a banking organization to serve its customers or support other business needs. Section 303.229 How an Application is Evaluated. Learn more about the eCFR, its status, and the editorial process. Affairs, Office of Minority If you have questions or comments regarding a published document please (6) Designated financial market utility has the same meaning as set forth at 12 U.S.C. profiles, working papers, and state banking performance The FDIC's headquarters reportedly distributed draft letters to regional offices . notorious Operation Choke Point, which sought to coerce banks into denying (6) In determining whether an insured depository institution meets the asset threshold in paragraph (1) of the definition of covered depository institution in paragraph (a)(1) of this section, for purposes of a report required to be submitted for calendar year 2021, an insured depository institution may refer to the lesser of its total consolidated assets as reported in its report of condition as of December 31, 2019, and its total consolidated assets as reported in its report of condition for the second calendar quarter of 2020. full text search results More. Transformative solutions to grow your business, the global footprint to power your operations, and the commitment to shared success leading to a better future for all. The site is secure. (b) Convictions not requiring an application. 1463, 1464, 1811, 1813, 1817, 1819, 1831, and 1861-1867. For the purposes of 337.6 and 337.7, the following definitions apply: ( 1) Appropriate Federal banking agency has the same meaning as provided under section 3 (q) of the Federal Deposit Insurance Act ( 12 U.S.C. This subpart applies to an insured depository institution, as that term is defined in section 3(c) of the Federal Deposit Insurance Act, 12 U.S.C. In determining the degree of risk, the FDIC will consider: (1) Whether the conviction or program entry is for a criminal offense involving dishonesty, breach of trust, or money laundering and the specific nature and circumstances of the offense; (2) Whether the participation directly or indirectly by the person in any manner in the conduct of the affairs of the IDI constitutes a threat to the safety and soundness of the institution or the interests of its depositors or threatens to impair public confidence in the institution; (3) Evidence of rehabilitation including the person's age at the time of the covered offense, the amount of time that has elapsed since the occurrence of the conviction or program entry, and the person's employment history and full legal history; (4) The position to be held or the level of participation by the person at an IDI; (5) The amount of influence the person will be able to exercise over the operation, management, or affairs of an IDI; (6) The ability of management of the IDI to supervise and control the person's activities; (7) The level of ownership or control the person will have at an insured depository institution; (8) The applicability of the IDI's fidelity bond coverage to the person; and. This is an automated process for (c) Expungements or sealings of program entries will be treated the same as those for convictions. The official, published CFR, is updated annually and available below under There must be a conviction of record. Such a waiver application shall be filed with the appropriate FDIC Regional Office and shall set forth substantial good cause why the application should be granted. (a) Institution filing requirement (bank-sponsored applications). "Bank of America" and "BofA Securities" are the marketing names used by the Global Banking and Global Markets divisions of Bank of America Corporation. Paseo Carlos Della Paolera 265, piso 11 CP C1101ADA Buenos Aires, Argentina Tel: +5411.4317.3500 Fax: +5411.4317.3592, Av. In making this determination, the Corporation may consider criteria including, but not limited to, whether the institution is significantly engaged in one or more complex, specialized, or other higher-risk activities, such as those for which limited information is reported in the FFIEC 051 version of the report of condition compared to the FFIEC 041 version of the report of condition. (b) The term person, for purposes of section 19, means an individual, and does not include a corporation, firm, or other business entity. 10. This subpart informs the public where it may obtain forms and instructions for reports, applications, and other submittals used by the Federal Deposit Insurance Corporation (FDIC), and describes certain forms that are not described elsewhere in FDIC regulations in this chapter. (i) The value of the currency, goods, or services taken is $1,000 or less; (ii) The theft was not committed against an IDI or insured credit union; (iii) The individual has no more than one other de minimis offense under this section; and.
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