---
kind: "section"
citation: "12 C.F.R. § 3.601"
title: "12"
number: "3.601"
heading: "Purpose and scope."
url: "https://uscodex.org/cfr/12/3.601"
---

# §3.601. Purpose and scope.

- (a) This subpart is applicable to proceedings by the OCC to issue a directive under 12 U.S.C. [3907(b)(2)](/usc/12/3907.md?p=b-2) or [12](/usc/12/12.md) U.S.C. 1464(s), as appropriate. A directive is an order issued to a national bank or Federal savings association that does not have or maintain capital at or above the minimum ratios set forth in [subpart B](/cfr/12/subpartB.md) of this part, or established for the national bank or Federal savings association under [subpart H](/cfr/12/subpartH.md) of this part, by a written agreement under [12 U.S.C. 1818(b)](/usc/12/1818.md?p=b), or as a condition for approval of an application. A directive may order the national bank or Federal savings association to:
  - (1) Achieve the minimum capital ratios applicable to it by a specified date;
  - (2) Adhere to a previously submitted plan to achieve the applicable capital ratios;
  - (3) Submit and adhere to a plan acceptable to the OCC describing the means and time schedule by which the national bank or Federal savings association shall achieve the applicable capital ratios;
  - (4) Take other action, such as reduction of assets or the rate of growth of assets, or restrictions on the payment of dividends, to achieve the applicable capital ratios; or
  - (5) **A combination of any of these or similar actions.**
- (b) A directive issued under this rule, including a plan submitted under a directive, is enforceable under the provisions of [12 U.S.C. 1818(i)](/usc/12/1818.md?p=i) in the same manner and to the same extent as an effective and outstanding cease and desist order issued pursuant to [12 U.S.C. 1818(b)](/usc/12/1818.md?p=b) that has become final. Violation of a directive may result in assessment of civil money penalties in accordance with [12 U.S.C. 3909(d)](/usc/12/3909.md?p=d).

## Notes

### Amendments

[78 FR 62269, Oct. 11, 2013, as amended at 85 FR 42640, July 14, 2020]

### Source

Source: 78 FR 62269, Oct. 11, 2013, unless otherwise noted.

### Authority

Authority: 12 U.S.C. 93a, 161, 1462, 1462a, 1463, 1464, 1818, 1828(n), 1828 note, 1831n note, 1835, 3907, 3909, 5371, 5371 note, 5412(b)(2)(B), and Pub. L. 116-136, 134 Stat. 281.

### Source

Source: 50 FR 10216, Mar. 14, 1985, unless otherwise noted.

### Amendments

[78 FR 62269, Oct. 11, 2013, as amended at 85 FR 42640, July 14, 2020]