Filing Decision Process

Summary

The Office of the Comptroller of the Currency is issuing this bulletin to clarify the standards for its decisions on filings.

OCC filing decisions are governed by 12 CFR 5.13. As stated in the regulation, the OCC may approve, conditionally approve or deny a filing. In addition, the OCC may return a filing as materially deficient where it lacks sufficient information for the OCC to make a determination under the applicable statutory or regulatory criteria. This communication is to remind the public that the OCC strictly adheres to the regulation and to explain how the OCC implements it, which aligns with the agency’s historical practices.

The OCC is committed to acting on all filings in a timely manner appropriate to the nature and complexity of the filing. However, the OCC may return a filing without a decision if it finds the filing to be materially deficient. In that respect, it is paramount that filings contain all information necessary for the OCC to evaluate the filing as part of the initial submission. Otherwise, the OCC will return a materially deficient filing before engaging in any meaningful processing of the filing. This includes the failure to furnish required biographical and financial information of individuals and corporate background and financial report for entities, as well as any required information requested by the filing form. In addition, the OCC may return a filing as materially deficient if, after attempting to have the filer furnish all required information for the OCC to assess the statutory or regulatory criteria through an additional information request, the responses do not sufficiently respond to the requests. This includes where the organizers of a de novo charter have not demonstrated that all products and services have been defined with particularity, including how they will be operationalized, or have not fully defined the associated governance, risk management, and compliance management infrastructure to manage these products and services.

The OCC approves a filing when it finds the filer has favorably met the appropriate statutory, regulatory and policy criteria related to the filing type. Where appropriate, the OCC will condition an approval to ensure the filer will operate in a safe and sound manner, consistent with OCC policy, and comply with applicable laws and regulations.

When the OCC finds a significant supervisory, Community Reinvestment Act (if applicable), or compliance concern exists with respect to the filer, approval is inconsistent with law, regulation, or OCC policy, or the filer fails to provide requested information, the agency plans to deny the filing. A filing is inconsistent with law or regulation if it does not meet the applicable statutory or regulatory criteria for that filing type.

Under the regulation, if the OCC denies a filing, the OCC must notify the filer in writing of the reasons for the denial. In addition, the OCC plans to make all denial decisions public in order to provide the industry and all applicable stakeholders awareness of how the OCC has applied the decision criteria in that proposal. The denial of an application does not prohibit the applicant from filing a subsequent application. Ultimately, it is important that the public understand how filings are decided under applicable laws, regulations, and policy.

Further Information

Please contact Chartering, Organization & Structure at 202-649-6260.

Stephen A. Lybarger
Senior Deputy Comptroller
Chartering, Organization & Structure