Code of Federal Regulations (alpha)

CFR /  Title 12  /  Part 563  /  Sec. 563.143 Must I file with OTS?

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

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

(1) You are not eligible for Must file an application with the OTS.

expedited treatment under

Sec. 516.5 of this chapter.------------------------------------------------------------------------(2) The total amount of all Must file an application with the OTS.

of your capital

distributions (including the

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 the OTS.

adequately capitalized, as

set forth in Sec.

565.4(b)(2) of this chapter,

following the distribution.------------------------------------------------------------------------(4) Your proposed capital Must file an application with the OTS.

distribution would violate a

prohibition contained in any

applicable statute,

regulation, or agreement

between you and the OTS (or

the Corporation), or violate

a condition imposed on you

in an OTS-approved

application or notice.------------------------------------------------------------------------

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

If you are not required to

file an application under

paragraph (a) of this Then you:

(1) You would not be well Must file a notice with the OTS.

capitalized, as set forth

under Sec. 565.4(b)(1),

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

distribution would reduce

the amount of or retire any

part of your common or

preferred stock or retire

any part of debt instruments

such as notes or debentures

included in capital under

part 567 of this chapter

(other than regular payments

required under a debt

instrument approved under

Sec. 563.81).------------------------------------------------------------------------(3) You are a subsidiary of a Must file a notice with the OTS.

savings and loan holding

company.------------------------------------------------------------------------

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

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

proposed capital an application with the OTS before

distribution meet any of the making a capital distribution.

criteria listed in

paragraphs (a) and (b) of

this section.------------------------------------------------------------------------ [64 FR 2809, Jan. 19, 1999, as amended at 66 FR 13008, Mar. 2, 2001]