[Federal Register Volume 87, Number 9 (Thursday, January 13, 2022)]
[Rules and Regulations]
[Pages 2027-2031]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00503]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 87, No. 9 / Thursday, January 13, 2022 /
Rules and Regulations
[[Page 2027]]
FEDERAL RESERVE SYSTEM
12 CFR Part 209
[Regulation I; Docket No. R-1745]
RIN 7100-AG13
Federal Reserve Bank Capital Stock
AGENCY: Board of Governors of the Federal Reserve System.
ACTION: Final rule.
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SUMMARY: The Board of Governors (Board) is publishing a final rule that
amends Regulation I to automate non-merger-related adjustments to
member banks' subscriptions to Federal Reserve Bank (Reserve Bank)
capital stock. The final rule also makes certain technical amendments
to Regulation I and conforming revisions to the FR 2056 reporting form.
DATES: Effective February 14, 2022.
FOR FURTHER INFORMATION CONTACT: Evan Winerman, Senior Counsel (202-
872-7578), Legal Division; or Kimberly Zaikov, Manager (202-452-2256),
Reserve Bank Operations and Payments Systems Division. You may also
contact us by email via https://www.federalreserve.gov/apps/ContactUs/feedback.aspx, choose Staff Group: Regulations.
SUPPLEMENTARY INFORMATION:
I. Background
Regulation I governs the issuance and cancellation of capital stock
by the Reserve Banks. Under section 5 of the Federal Reserve Act and
Regulation I, a member bank (other than a mutual savings bank) must
subscribe to capital stock of the Reserve Bank of its district in an
amount equal to 6 percent of the member bank's capital and surplus.\1\
Similarly, under section 9 of the Federal Reserve Act and Regulation I,
a member bank that is a mutual savings bank must subscribe to capital
stock of the Reserve Bank of its district in an amount equal to six-
tenths of 1 percent of its total deposit liabilities.\2\ The member
bank must pay for one-half of this subscription on the date that the
Reserve Bank approves its application for capital stock, while the
remaining half of the subscription shall be subject to call by the
Board.\3\
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\1\ 12 U.S.C. 287 and 12 CFR 209.4(a).
\2\ 12 U.S.C. 333 and 12 CFR 209.4(b). The Federal Reserve Act
and Regulation I allow a mutual savings bank to maintain a temporary
``deposit'' with a Reserve Bank in lieu of obtaining capital stock
if the mutual savings bank is not permitted to purchase Reserve Bank
stock under state law. However, if the relevant state law is not
amended at the first session of the legislature after the bank is
admitted to authorize the purchase of Reserve Bank stock, or if the
bank fails to purchase the stock within six months of such
amendment, the Reserve Bank will terminate the membership of the
mutual savings bank. 12 U.S.C. 333; 12 CFR 209.2(a) and 208.3(a)(1).
\3\ 12 U.S.C. 287 and 12 CFR 209.4(c)(2).
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Under section 7 of the Federal Reserve Act and Regulation I,
smaller member banks (currently those with $11.229 billion or less in
total consolidated assets) receive a 6 percent annual dividend on their
Reserve Bank stock.\4\ Other member banks receive a dividend at the
lesser of (i) the annual rate equal to the high yield of the 10-year
Treasury note auctioned at the last auction held prior to the payment
of such dividend and (ii) an annual rate of 6 percent.\5\
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\4\ 12 U.S.C. 289 and 12 CFR 209.4(e). Regulation I generally
defines total consolidated assets by reference to the total assets
reported on a member bank's most recent December 31 Call Report. 12
CFR 209.1(d)(3).
\5\ Id.
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A. Non-Merger-Related Adjustments to Reserve Bank Stock Subscriptions
Regulation I requires that a member bank apply to adjust its stock
subscription ``promptly after filing'' its December 31 report of
condition (Call Report).\6\ Additionally, a member bank must apply to
adjust its stock subscription promptly after filing any other quarterly
Call Report showing that the member bank has experienced an increase or
decrease to its capital and surplus (or its total deposit liabilities
for a mutual savings bank) requiring a change in excess of the lesser
of 15 percent or 100 shares of Reserve Bank capital stock.\7\ Member
banks use the FR 2056 reporting form to apply for adjustments to their
stock subscriptions.\8\
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\6\ 12 CFR 209.4(a) and (b).
\7\ Id.
\8\ See Federal Reserve, Reporting Forms at https://www.federalreserve.gov/reportforms/forms/FR_205620200115_f.pdf.
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B. Merger-Related Adjustments to Reserve Bank Stock Subscriptions
Regulation I provides that, when two member banks merge or
consolidate, the appropriate Reserve Banks shall cancel shares of the
nonsurviving bank and credit shares to the surviving bank.\9\ In order
to effectuate this requirement, the Reserve Banks direct surviving
member banks to apply to adjust their stock subscriptions before they
merge or consolidate with other member banks. Similarly, the Reserve
Banks direct nonsurviving member banks to apply to cancel their stock
subscriptions before they merge or consolidate with other member
banks.\10\
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\9\ 12 CFR 209.3(d)(1) and (2). If the surviving or nonsurviving
bank is a mutual savings bank that is not permitted to purchase
Reserve Bank stock under state law, Regulation I instead directs the
Reserve Bank to transfer or increase the member bank's deposit
obligation. Id.
\10\ Nonsurviving member banks use the FR 2086a reporting form
to apply to cancel their stock subscriptions. https://www.federalreserve.gov/reportforms/forms/FR_2086a20200115_f.pdf.
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Regulation I does not expressly require that a surviving member
bank apply to adjust its stock subscription before it merges or
consolidates with a nonmember bank. In practice, however, the Reserve
Banks request that surviving member banks apply to adjust their stock
subscriptions before they merge or consolidate with nonmember
banks.\11\ This practice allows the Reserve Banks to make timely
changes to the stock subscriptions of surviving member banks that merge
or consolidate with nonmember banks.
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\11\ The surviving bank applies to adjust its stock subscription
based on its anticipated post-merger capital and surplus or, in the
case of a member bank that is a mutual savings bank, its anticipated
post-merger total deposit liabilities.
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When a surviving member bank applies to adjust its stock
subscription, it must state whether its total consolidated assets
exceed $11.229 billion.\12\ This requirement ensures that a Reserve
Bank receives timely and accurate notice of whether a merger has caused
a surviving member bank's total consolidated assets to exceed $11.229
billion, which (as noted above)
[[Page 2028]]
determines the dividend rate to which the member bank is entitled.
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\12\ 12 CFR 209.1(d)(3) and 209.3(d)(3).
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II. Description of the Final Rule
On April 13, 2021, the Board published a proposal to automate non-
merger-related adjustments to member banks' subscriptions to Reserve
Bank capital stock.\13\ The Board also proposed to clarify that a
surviving member bank must apply to adjust its stock subscription
before merging or consolidating with another bank. Finally, the Board
proposed two technical amendments to Regulation I.
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\13\ 86 FR 19152 (April 13, 2021).
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The Board received no responsive comments on the proposal. The
Board is finalizing the proposed amendments with certain technical
clarifications.
A. Automation of Non-Merger-Related Stock Adjustments
As noted above, Regulation I currently requires that a member bank
apply to adjust its stock subscription at least annually and sometimes
quarterly. A member bank determines its required stock subscription
based on its capital and surplus (or total deposit liabilities for a
mutual savings bank) as reported in the member bank's most recent Call
Report.
The Reserve Banks have developed software that automatically pulls
the information needed to calculate member banks' required stock
subscriptions from Call Reports. The Board is therefore amending
section 209.4 to automate the stock adjustment process. Specifically,
the Reserve Banks will adjust a member bank's stock subscription each
time the member bank files a Call Report.\14\ This automated process
will eliminate the need for member banks to file applications to adjust
their stock subscriptions (except in the context of mergers, as
described infra).
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\14\ Similarly, the Board is automating the process for
adjusting the deposit obligation of a mutual savings bank that has a
deposit with the appropriate Reserve Bank in lieu of Reserve Bank
capital stock.
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The Board is also clarifying that, when a Reserve Bank issues stock
to a member bank, the Reserve Bank will obtain payment for that stock
by debit to an account on the Reserve Bank's books or by other form of
settlement to which the Reserve Bank agrees.
B. Merger-Related Stock Adjustments
As noted above, before two member banks merge or consolidate, the
Reserve Banks direct the surviving member bank to apply to adjust its
stock subscription and the nonsurviving member bank to apply to cancel
its stock subscription. Similarly, before a member bank merges or
consolidates with a nonmember bank, the Reserve Banks request that the
surviving member bank apply to adjust its stock subscription.
The Board is amending section 209.3 to codify the Reserve Banks'
current practice of requesting pre-merger stock adjustment
applications. The amendments will expressly require a surviving member
bank to apply to adjust its stock subscription before merging or
consolidating with another member bank or nonmember bank.\15\ \16\ This
will ensure that the Reserve Banks make timely changes to the stock
subscriptions of surviving member banks that merge or consolidate with
other banks.
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\15\ Similarly, if a surviving bank is a mutual savings bank
that is not permitted to purchase Reserve Bank stock under state
law, the final rule will require the surviving bank to apply to
adjust its deposit obligation.
\16\ Regulation I expressly requires that a nonsurviving member
bank apply to cancel its stock subscription when it ``is merged or
consolidated into a nonmember bank.'' 12 CFR 209.3(a). The final
rule will expressly require that a nonsurviving member bank apply to
cancel its stock subscription (or, in the case of a mutual savings
bank that is not permitted to purchase Reserve Bank stock, transfer
its deposit obligation) before merging or consolidating with another
member bank. This amendment is consistent with the existing
requirement in Regulation I that a member bank apply to cancel its
stock subscription when it ``desires to withdraw from membership''
or ``voluntarily . . . ceases business.'' 12 CFR 209.3(a).
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Relatedly, the Board is making conforming amendments to two
provisions of Regulation I (current 12 CFR 209.1(d)(3) and 209.3(d)(3))
to clarify that, consistent with the existing text of Regulation I, a
surviving member bank must state in its stock adjustment application
whether its total consolidated assets exceed $11.229 billion.
C. Technical Amendments
The Board proposed two technical amendments and is finalizing these
amendments with a non-substantive clarification. The Board is also
adopting a third, related technical amendment.
Section 209.1(c) recognizes that a bank located in a United States
dependency or possession may apply for membership, and a footnote in
section 209.1(c) explains that such a bank ``should communicate with
the Federal Reserve Bank with which it desires to do business.'' The
Board is amending this footnote to clarify that a bank located in the
Virgin Islands or Puerto Rico should communicate with the Federal
Reserve Bank of New York, while a bank located in Guam, American Samoa,
or the Northern Mariana Islands should communicate with the Federal
Reserve Bank of San Francisco. The amendment will make this footnote in
Regulation I consistent with a provision in the Board's Regulation J
that clarifies the Federal Reserve Districts in which banks from United
States dependencies and possessions are deemed to be located.\17\
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\17\ See 12 CFR 210.2(i)(1)(A).
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Section 209.3(a) requires that any bank that desires to withdraw
from membership in the Federal Reserve System promptly file with its
Reserve Bank an application for cancellation of all its Reserve Bank
stock. The Board proposed to amend section 209.3(a) to clarify that,
consistent with the Board's current understanding, this requirement
applies to any national bank that wants to convert into a ``State
nonmember bank.'' The final rule clarifies that this requirement
applies to a national bank that converts into any nonmember bank--not
only a ``State'' nonmember bank.\18\
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\18\ For example, this requirement applies to a national bank
that converts into a federal savings bank.
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Relatedly, section 209.3(c) specifies that when a member bank
merges into, consolidates with, or converts into a ``State nonmember
bank,'' the member bank's stock shall be cancelled on the effective
date of the merger, consolidation, or conversion. The final rule
clarifies that a member bank's stock shall be cancelled on the
effective date of a member bank's merger into, consolidation with, or
conversion into any nonmember bank--not only a State nonmember bank.
IV. Regulatory Analysis
A. Regulatory Flexibility Act
The Regulatory Flexibility Act (``RFA''), 5 U.S.C. 601 et seq.,
generally requires that an agency assess the impact a rule is expected
to have on small entities.\19\ The RFA requires an agency either to
provide a regulatory flexibility analysis or to certify that the rule
will not have a significant economic impact on a substantial number of
small entities.
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\19\ Under size standards established by the Small Business
Administration, banks and other depository institutions are
considered ``small'' if they have less than $600 million in assets.
13 CFR 121.201.
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The Board did not receive any comments on its initial regulatory
flexibility analysis. The Board certifies that the final rule will not
have a significant economic impact on a substantial number of small
entities. As described in the information above, the final rule will
reduce reporting requirements for member banks by automating non-
merger-related stock adjustments. Additionally, the final rule will
require that a surviving stockholder apply to adjust its stock
subscription
[[Page 2029]]
before merging or consolidating with another bank.\20\ There are
approximately 50 mergers each year in which the surviving stockholder
is a member bank, and it will take a surviving stockholder
approximately 30 minutes to complete the paperwork associated with an
adjustment to its stock subscription. Accordingly, the final rule will
not have a significant economic impact on a substantial number of small
entities.
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\20\ Consistent with the current text of Regulation I, a
surviving member bank would need to report in its stock adjustment
application whether its total consolidated assets exceed $11.229
billion. See n. 12, supra. Additionally, consistent with the current
text of Regulation I, a nonsurviving member bank would need to apply
to cancel its stock before merging or consolidating with another
bank. See n. 15, supra.
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B. Paperwork Reduction Act
Certain provisions of the final rule contain ``collections of
information'' within the meaning of the Paperwork Reduction Act of 1995
(PRA) (44 U.S.C. 3501-3521). The Board may not conduct or sponsor, and
a respondent is not required to respond to, an information collection
unless it displays a currently valid Office of Management and Budget
(OMB) control number. The Board reviewed the final rule under the
authority delegated to the Board by OMB. The Board did not receive any
specific comments on the PRA.
The final rule contains revisions to sections 209.3 and 209.4 that
automate non-merger-related adjustments to member banks' subscriptions
to Reserve Bank capital stock. Automating the adjustment process would
reduce the frequency of reporting. To implement this requirement, the
Board has extended for three years, with revision, the Federal Reserve
Bank Stock Applications (FR 2030, FR 2030a, FR 2056, FR 2086, FR2086a,
2087; OMB No. 7100-0042). The revisions would affect only the FR 2056.
Adopted Revision, With Extension, of the Following Information
Collection
Report title: Federal Reserve Bank Stock Applications.
Agency form numbers: FR 2030; FR 2030a; FR 2056; FR 2086; FR 2086a;
FR 2087.
OMB control number: 7100-0042.
Frequency: On occasion.
Respondents: New national banks, non-member state banks converting
into national banks, member banks, and member banks converting into or
merging into member or nonmember banks.
Estimated number of respondents: FR 2030, 4; FR 2030a, 7; FR 2056,
50; FR 2086, 10; FR 2086a, 86; FR 2087, 1.
Estimated average hours per response: 0.5.
Estimated annual burden hours: FR 2030, 2; FR 2030a, 3.5; FR 2056,
25; FR 2086, 5; FR 2086a, 43; FR 2087, 0.5.
General description of report: Any national bank wanting to
purchase stock in the Federal Reserve System, any member bank wanting
to increase or decrease its Federal Reserve Bank stock holdings, or any
bank wanting to cancel its stock holdings must file an application with
the appropriate Federal Reserve Bank. The application forms for the
initial subscription of Federal Reserve Bank stock filed by organizing
national banks and nonmember state banks converting to national banks
(FR 2030 and 2030a, respectively) and the application forms for the
cancellation of Federal Reserve Bank stock filed by liquidating member
banks, member banks merging or consolidating with nonmember banks, and
insolvent member banks (FR 2086, FR 2086a, and FR 2087, respectively)
require one or more of the following: A resolution by the applying
bank's board of directors authorizing the transaction, an indication of
the capital and surplus of the bank as of the date of application, a
certification (by official signatures) of the resolution, and/or an
indication of the number of shares and dollar amount of the Federal
Reserve Bank stock to be purchased or cancelled.
The application form for an interim adjustment in a member bank's
holdings of Federal Reserve Bank stock (FR 2056) requires an indication
of the capital and surplus of the bank (or total deposit liabilities
for a mutual savings bank) as of the date of application and an
indication of the number of shares held and the number of shares to be
acquired or canceled. A member bank must submit a completed FR 2056
form to correct a discrepancy between the amount of Federal Reserve
Bank stock required to be held and the amount actually held by the
member bank. The latter is determined through information that the
member bank reports quarterly on the Consolidated Reports of Condition
and Income (Call Report) (FFIEC 031, FFIEC 041, and FFIEC 051; OMB No.
7100-0036).
Legal authorization and confidentiality: The Federal Reserve Bank
Stock Applications are authorized pursuant to sections 9 and 11(a) of
the FRA (12 U.S.C. 321 and 248(a)). Additionally, the FR 2030 and FR
2030a are specifically authorized by section 2 of the FRA (12 U.S.C.
222 and 282), the FR 2056, FR 2086, and FR 2086a are authorized by
section 5 of the FRA (12 U.S.C. 287), and the FR 2087 is authorized by
section 6 of the FRA (12 U.S.C. 288). The FR 2030, FR 2030a, FR 2056,
FR 2086, FR 2086a, and FR 2087 are mandatory.
Individual respondents may request that information submitted to
the Board in these applications be kept confidential on a case-by-case
basis. Such applications may contain information related the business
plans of the respondent. Under certain circumstances, this information
may be withheld under exemption 4 of the Freedom of Information Act
(FOIA), which protects privileged or confidential commercial or
financial information (5 U.S.C. 552(b)(4)). These applications may also
contain information of a personal nature the disclosure of which would
result in a clearly unwarranted invasion of personal privacy, which may
be protected under exemption 6 of the FOIA (5 U.S.C. 552(b)(6)).
Additionally, exemption 8 of the FOIA (5 U.S.C. 552(b)(8)) may apply to
the extent the reported information is contained in or related to
examination reports.
Current actions: The Board has adopted amendments to Regulation I
that automate non-merger-related adjustments to member banks'
subscriptions to Reserve Bank capital stock.
Regulation I currently requires that a member bank apply to adjust
its stock subscription at least annually and sometimes quarterly. A
member bank determines its required stock subscription based on its
capital and surplus (or total deposit liabilities for a mutual savings
bank) as reported in the member bank's most recent Call Report.
The Reserve Banks have developed software that automatically pulls
the information needed to calculate member banks' required stock
subscriptions from Call Reports. Accordingly, the Board adopted
amendments to section 209.4 that will automate non-merger-related stock
adjustments. The Board also adopted amendments to section 209.3(d) that
would require a surviving stockholder to apply to adjust its stock
subscription before merging with another bank.
[[Page 2030]]
Consistent with these changes to Regulation I, the Board eliminated the
requirement that member banks routinely submit FR 2056 reporting forms
to adjust their stock subscriptions. The Board amended the FR 2056
reporting form to clarify that the form should be filed only by a
surviving member bank that merges or consolidates with another bank.
List of Subjects in 12 CFR Part 209
Banks and banking, Federal Reserve System, Reporting and
recordkeeping requirements, Securities.
Authority and Issuance
For the reasons set forth in the preamble, the Board will amend
Regulation I, 12 CFR part 209, as follows:
PART 209--FEDERAL RESERVE BANK CAPITAL STOCK (REGULATION I)
0
1. The authority citation for part 209 continues to read as follows:
Authority: 12 U.S.C. 12 U.S.C. 222, 248, 282, 286-288, 289,
321, 323, 327-328, and 466.
0
2. Revise the heading to part 209 to read as shown above.
0
3. Amend Sec. 209.1 by revising paragraphs (c) and (d)(3) to read as
follows.
Sec. 209.1 Authority, purpose, scope, and definitions.
* * * * *
(c) Scope. This part applies to member banks of the Federal Reserve
System, to national banks in process of organization, and to state
banks applying for membership. National banks and locally-incorporated
banks located in United States dependencies and possessions are
eligible (with the consent of the Board) but not required to apply for
membership under section 19(h) of the Federal Reserve Act, 12 U.S.C.
466.\1\
\1\ A bank located in the Virgin Islands or Puerto Rico should
communicate with the Federal Reserve Bank of New York regarding
applications for membership under the provisions of section 19(h) of
the Federal Reserve Act. A bank located in Guam, American Samoa, or
the Northern Mariana Islands should communicate with the Federal
Reserve Bank of San Francisco regarding applications for membership
under the provisions of section 19(h) of the Federal Reserve Act.
(d) * * *
(3) Total consolidated assets means the total assets on the
stockholder's balance sheet as reported by the stockholder on its
Consolidated Report of Condition and Income (Call Report) as of the
most recent December 31, except in the case of:
(i) A new member ``total consolidated assets'' means (until the
next December 31 Call Report becomes available) the total consolidated
assets of the new member at the time of its application for capital
stock; and
(ii) A surviving stockholder after a merger ``total consolidated
assets'' means (until the next December 31 Call Report becomes
available) the total consolidated assets reported by that stockholder
pursuant to Sec. 209.3(d)(5).
0
4. Amend Sec. 209.3 by:
0
a. Revising the section heading;
0
b. Revising paragraphs (a) and (c) and the paragraph (d) subject
heading;
0
c. Redesignating paragraphs (d)(1), (2), and (3) as paragraphs (d)(2),
(3), and (5), respectively and adding new paragraph (d)(1) and
paragraph (d)(4); and
0
d. Revising newly redesignated paragraph (d)(5).
The revisions and additions to read as follows:
Sec. 209.3 Cancellation of Reserve Bank stock; mergers involving
member banks.
(a) Application for cancellation. Any bank that desires to withdraw
from membership in the Federal Reserve System (including a national
bank that wants to convert into a nonmember bank), voluntarily
liquidates or ceases business, is merged or consolidated into a
nonmember bank, or is involuntarily liquidated by a receiver or
conservator or otherwise, shall promptly file with its Reserve Bank an
application for cancellation of all its Reserve Bank stock (or
withdrawal of its deposit, as the case may be) and payment therefor in
accordance with Sec. 209.4.
* * * * *
(c) Effective date of cancellation. Cancellation in whole of a
bank's Reserve Bank capital stock shall be effective, in the case of:
(1) Voluntary withdrawal from membership by a state bank, as of the
date of such withdrawal;
(2) Merger into, consolidation with, or (for a national bank)
conversion into, a nonmember bank, as of the effective date of the
merger, consolidation, or conversion; and
(3) Involuntary termination of membership, as of the date the Board
issues the order of termination.
(d) Exchange of stock on merger or change in location; stock
adjustment upon merger with a nonmember bank; reporting of total
consolidated assets following merger--(1) Applications. (i) Before a
merger or consolidation of member banks, the nonsurviving member bank
shall file an application with the appropriate Reserve Bank to cancel
its shares of Reserve Bank stock (or in the case of a mutual savings
bank not authorized to purchase Reserve Bank stock, shall file an
application to transfer its deposit to the account of the surviving
bank) and the surviving member bank shall file an application with the
appropriate Reserve Bank for issue of a corresponding number of shares
of Reserve Bank stock (or in the case of a mutual savings bank not
authorized to purchase Reserve Bank stock, shall file an application to
increase its deposit obligation).
(ii) Before a merger or consolidation of a member bank and a
nonmember bank, a surviving member bank shall file an application with
the appropriate Reserve Bank to adjust its Reserve Bank capital stock
subscription to equal six percent of the member bank's anticipated
post-merger capital and surplus, or, in the case of member bank that is
a mutual savings bank, six-tenths of 1 percent of the member bank's
anticipated post-merger total deposit liabilities. A mutual savings
bank not authorized to purchase Reserve Bank stock shall file an
application to adjust its deposit obligation in a like manner.
* * * * *
(4) Merger with a nonmember bank. Upon a merger or consolidation of
a member bank and a nonmember bank, the Reserve Bank will adjust the
surviving member bank's stock subscription to equal six percent of the
member bank's capital and surplus, or, in the case of a member bank
that is a mutual savings bank, six-tenths of 1 percent of the member
bank's total deposit liabilities. If a mutual savings bank has a
deposit with the appropriate Reserve Bank in lieu of Reserve Bank
capital stock, its deposit obligation shall be adjusted in a like
manner.
(5) Statement of total consolidated assets. When a member bank
merges or consolidates with another bank and the surviving bank remains
a Reserve Bank stockholder, the surviving stockholder must report
whether its total consolidated assets exceed $11,229,000,000 in the
application described in paragraph (d)(1) of this section.
* * * * *
0
5. Amend Sec. 209.4 by:
0
a. Revising paragraphs (a) and (b) and paragraph (c)(1) introductory
text;
0
b. Redesignating paragraphs (c)(2) and (3) as paragraphs (c)(3) and
(4), and adding a new paragraph (c)(2); and
0
c. Revising paragraph (d)(1) introductory text.
The revisions and addition read as follows:
[[Page 2031]]
Sec. 209.4 Amounts and payments for subscriptions and cancellations;
timing and rate of dividends.
(a) Amount of subscription. The total subscription of a member bank
(other than a mutual savings bank) shall equal six percent of its
capital and surplus as shown on its most recent Call Report. After a
member bank files a Call Report, the appropriate Reserve Bank will
adjust the member bank's Reserve Bank capital stock subscription to
equal six percent of the member bank's capital and surplus.
(b) Mutual savings banks. The total subscription of a member bank
that is a mutual savings bank shall equal six-tenths of 1 percent of
its total deposit liabilities as shown on its most recent Call Report.
After a member bank that is a mutual savings bank files a Call Report,
the appropriate Reserve Bank will adjust the member bank's Reserve Bank
capital stock subscription to equal six-tenths of 1 percent of the
member bank's total deposit liabilities. If a mutual savings bank has a
deposit with the appropriate Reserve Bank in lieu of Reserve Bank
capital stock, its deposit obligation shall be adjusted in a like
manner.
(c) * * *
(1) When a Reserve Bank issues capital stock to a member bank (or
accepts a deposit in lieu thereof), the member bank shall pay the
Reserve Bank--
* * * * *
(2) A Reserve Bank shall obtain settlement for the payment
described in paragraph (c)(1) of this section by debit to an account on
the Reserve Bank's books or other form of settlement to which the
Reserve Bank agrees.
* * * * *
(d) * * *
(1) When a Reserve Bank cancels Reserve Bank capital stock of a
member bank, or (in the case of involuntary termination of membership)
upon the effective date of cancellation specified in Sec. 209.3(c)(3),
the Reserve Bank shall--
* * * * *
By order of the Board of Governors of the Federal Reserve
System.
Ann Misback,
Secretary of the Board.
[FR Doc. 2022-00503 Filed 1-12-22; 8:45 am]
BILLING CODE 6210-01-P