---
kind: "section"
citation: "12 C.F.R. § 303.40"
title: "12"
number: "303.40"
heading: "Scope."
url: "https://uscodex.org/cfr/12/303.40"
---

# §303.40. Scope.

- (a) **General.** This subpart sets forth the filing requirements and procedures for insured state nonmember banks to establish a branch, relocate a branch or main office, and retain existing branches after the interstate relocation of the main office subject to the approval by the FDIC pursuant to sections [13(f)](/cfr/12/13.md?p=f), [13(k)](/cfr/12/13.md?p=k), [18(d)](/cfr/12/18.md?p=d) and [44](/cfr/12/44.md) of the FDI Act.
- (b) **Merger transaction.** Applications for approval of the acquisition and establishment of branches in connection with a merger transaction under section 18(c) of the FDI Act ([12 U.S.C. 1828(c)](/usc/12/1828.md?p=c)), are processed in accordance with [subpart D](/cfr/12/subpartD.md) (Merger Transactions) of this part.
- (c) **Insured branches of foreign banks and foreign branches of domestic banks.** Filings regarding insured branches of foreign banks and foreign branches of domestic banks are processed in accordance with [subpart J](/cfr/12/subpartJ.md) (International Banking) of this part.
- (d) **Interstate acquisition of individual branch.** Applications requesting approval of the interstate acquisition of an individual branch or branches located in a state other than the applicant's home state without the acquisition of the whole bank are treated as interstate bank merger transactions under section 44 of the FDI Act ([12 U.S.C. 1831a(u)](/usc/12/1831a.md?p=u)), and are processed in accordance with [subpart D](/cfr/12/subpartD.md) (Merger Transactions) of this part.

## Notes

### Amendments

[67 FR 79247, Dec. 27, 2002, as amended at 90 FR 60557, Dec. 29, 2025]

### Authority

Authority: 12 U.S.C. 378, 1464, 1813, 1815, 1817, 1818, 1819(a) (Seventh and Tenth), 1820, 1823, 1828, 1829, 1831a, 1831e, 1831 o, 1831p-1, 1831w, 1835a, 1843(l), 3104, 3105, 3108, 3207, 5414, 5415, and 15 U.S.C. 1601-1607.

### Source

Source: 67 FR 79247, Dec. 27, 2002, unless otherwise noted.

### Amendments

[67 FR 79247, Dec. 27, 2002, as amended at 90 FR 60557, Dec. 29, 2025]