Code of Federal Regulations (alpha)

CFR /  Title 12  /  Part 163  /  Sec. 163.143 Must I file with the OCC?

Whether and what you must file with the OCC depends on whether you and your proposed capital distribution fall within certain criteria.

(a) Application required. ------------------------------------------------------------------------

(1) You are not eligible for expedited Must file an application with

treatment under Sec. 116.5 of this the OCC.

chapter.(2) The total amount of all of your Must file an application with

capital distributions (including the the OCC.

proposed capital distribution) for the

applicable calendar year exceeds your

net income for that year to date plus

your retained net income for the

preceding two years.(3) You would not be at least Must file an application with

adequately capitalized, as set forth the OCC.

in 12 CFR 6.4, following the

distribution.(4) Your proposed capital distribution Must file an application with

would violate a prohibition contained the OCC.

in any applicable statute, regulation,

or agreement between you and the OCC

or the OTS, or violate a condition

imposed on you in an application or

notice approved by the OCC or the OTS.------------------------------------------------------------------------

(b) Notice required. ------------------------------------------------------------------------

If you are not required to file anapplication under paragraph (a) of this Then you:

(1) You would not be well capitalized, Must file a notice with the

as set forth under 12 CFR 6.4, OCC.

following the distribution.(2) Your proposed capital distribution Must file a notice with the

would reduce the amount of or retire OCC.

any part of your common or preferred

stock or retire any part of debt

instruments such as notes or

debentures included in capital 12 CFR

part 3 or part 167, as applicable

(other than regular payments required

under a debt instrument approved under

Sec. 163.81).(3) You are a subsidiary of a savings Except as provided in (d), you

and loan holding company,. must file a notice with the

OCC.------------------------------------------------------------------------

(c) No prior notice required. ------------------------------------------------------------------------

------------------------------------------------------------------------If neither you nor your proposed Then you do not need to file a

capital distribution meet any of the notice or an application with

criteria listed in paragraphs (a) and the OCC before making a

(b) of this section. capital distribution.------------------------------------------------------------------------

(d) Informational copy of notice required. ------------------------------------------------------------------------

------------------------------------------------------------------------If you are a subsidiary of a stock Then you do not file a notice

savings and loan holding company that under (b)(3) but you must

is filing a notice with the Board of provide an informational copy

Governors of the Federal Reserve to the OCC of the notice filed

System (Board) for a cash divided with the Board, at the same

pursuant to 12 U.S.C. 1467a(f) and time it is filed with the

neither an application under (a), nor Board.

a notice under (b)(1) or (b)(2) is

required,------------------------------------------------------------------------ [76 FR 49047, Aug. 9, 2011, as amended at 79 FR 11317, Feb. 28, 2014]