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12 C.F.R. §§ 303.42–303.44

3 sections in range

§303.42. Filing procedures.

12 C.F.R. § 303.42

(a)
General. Filings shall be submitted to the appropriate FDIC office.
(b)
Content of filing. A complete letter filing shall include the following information:
(1)
A statement of intent to establish a branch, or to relocate the main office or a branch;
(2)
The exact location of the proposed site including the street address. With regard to messenger services, specify the geographic area in which the services will be available. With regard to a mobile branch, specify the community or communities in which the vehicle will operate and the manner in which it will be used;
(3)
When a filing is submitted to relocate the main office of the bank from one State to another, a statement of the bank's intent regarding retention of branches in the State where the main office exists prior to relocation; and
(4)
With respect to a branch relocation or a main office relocation, confirmation that advance written notice was provided to customers of the branch or main office being relocated.
(c)
Undercapitalized institutions. Filings to establish a branch by banks subject to section 38 of the FDI Act (12 U.S.C. 1831o) also should provide the information required by § 303.204. Filings pursuant to sections 38 and 18(d) of the FDI Act (12 U.S.C. 1831o and 1828(d)) may be filed concurrently or as a single filing.
(d)
Additional information. The FDIC may request additional information to complete processing.
Notes, amendments, and revision history

Amendments

[67 FR 79247, Dec. 27, 2002, as amended at 85 FR 72555, Nov. 13, 2020; 90 FR 60558, 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 85 FR 72555, Nov. 13, 2020; 90 FR 60558, Dec. 29, 2025]

§303.43. Processing.

12 C.F.R. § 303.43

(a)
Expedited processing for branch establishments. Filings to establish a branch by an eligible depository institution as defined in § 303.2(r) will be acknowledged in writing by the FDIC and will receive expedited processing if the depository institution is not currently subject to sanctions under § 369.5 of this chapter. A filing processed under expedited processing will be deemed approved on the later of the following:
(1)
The third business day after receipt by the FDIC of a letter filing that includes the information set forth in § 303.42; or
(2)
In the case of a filing to establish and operate a de novo interstate branch, the 5th day after the FDIC receives confirmation from the host State that the bank has both complied with the filing requirements of the host State and submitted a copy of its filing with the FDIC to the host State bank supervisor.
(b)
Expedited processing for branch relocations and main office relocations. Filings for intrastate branch relocations or intrastate main office relocations will be acknowledged in writing by the FDIC and will receive expedited processing if the bank received an FDIC-assigned composite rating of 3 or better under the Uniform Financial Institutions Rating System as a result of its most recent Federal or State examination. A filing processed under expedited processing will be deemed approved on the third business day after receipt by the FDIC of a letter filing that includes the information set forth in § 303.42.
(c)
Standard processing. For those filings that are not processed pursuant to the expedited procedures, the FDIC will provide the bank with written notification of the final action when the decision is rendered.
Notes, amendments, and revision history

Amendments

[90 FR 60558, 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

[90 FR 60558, Dec. 29, 2025]

§303.44. Special provisions.

12 C.F.R. § 303.44

(a)
Emergency or disaster events.
(1)
In the case of an emergency or disaster at a main office or a branch that requires that an office be immediately relocated to a temporary location, banks shall notify the appropriate FDIC office within 3 days of such temporary relocation.
(2)
Within 10 days of the temporary relocation resulting from an emergency or disaster, the bank shall submit a filing to the appropriate FDIC office, that identifies the nature of the emergency or disaster, specifies the location of the temporary branch, and provides an estimate of the duration the bank plans to operate the temporary branch.
(3)
As part of the review process, the FDIC will determine on a case by case basis whether additional information is necessary.
(b)
Redesignation of main office and existing branch. In cases where a bank desires to redesignate its main office as a branch and redesignate an existing branch as the main office, a single filing shall be submitted.
(c)
Expiration of approval. Approval of a filing expires if within 24 months after the approval date a branch has not commenced business or a relocation has not been completed.
Notes, amendments, and revision history

Amendments

[90 FR 60558, 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

[90 FR 60558, Dec. 29, 2025]