(a)Scope. Pursuant to section 29 of the FDI Act (12 U.S.C. 1831f) and part 337 of this chapter, an adequately capitalized insured depository institution may not accept, renew or roll over any brokered deposits unless it has obtained a waiver from the FDIC. A well-capitalized insured depository institution may accept brokered deposits without a waiver, and an undercapitalized insured depository institution may not accept, renew or roll over any brokered deposits under any circumstances. This section contains the procedures to be followed to file with the FDIC for a brokered deposit waiver. The FDIC will provide notice to the depository institution's appropriate federal banking agency and any state regulatory agency, as appropriate, that a request for a waiver has been filed and will consult with such agency or agencies, prior to taking action on the institution's request for a waiver. Prior notice and/or consultation shall not be required in any particular case if the FDIC determines that the circumstances require it to take action without giving such notice and opportunity for consultation.
(b)Where to file. Applicants shall submit a letter application to the appropriate FDIC office.
(c)Content of filing. The application shall contain the following:
(1) The time period for which the waiver is requested;
(2) A statement of the policy governing the use of brokered deposits in the institution's overall funding and liquidity management program;
(3) The volume, rates and maturities of the brokered deposits held currently and anticipated during the waiver period sought, including any internal limits placed on the terms, solicitation and use of brokered deposits;
(4) How brokered deposits are costed and compared to other funding alternatives and how they are used in the institution's lending and investment activities, including a detailed discussion of asset growth plans;
(5) Procedures and practices used to solicit brokered deposits, including an identification of the principal sources of such deposits;
(6) Management systems overseeing the solicitation, acceptance and use of brokered deposits;
(7) A recent consolidated financial statement with balance sheet and income statements; and
(8) The reasons the institution believes its acceptance, renewal or rollover of brokered deposits would pose no undue risk.
(e)Expedited processing for eligible depository institutions. An application filed under this section by an eligible depository institution as defined in this paragraph will be acknowledged in writing by the FDIC and will receive expedited processing, unless the applicant is notified in writing to the contrary and provided with the basis for that decision. For the purpose of this section, an applicant will be deemed an eligible depository institution if it satisfies all of the criteria contained in § 303.2(r) except that the applicant may be adequately capitalized rather than well-capitalized. The FDIC may remove an application from expedited processing for any of the reasons set forth in § 303.11(c)(2). Absent such removal, an application processed under expedited procedures will be deemed approved 21 days after the FDIC's receipt of a substantially complete application.
(f)Standard processing. For those filings which are not processed pursuant to the expedited procedures, the FDIC will provide the applicant with written notification of the final action as soon as the decision is rendered.
(g)Conditions for approval. A waiver issued pursuant to this section shall:
(1) Be for a fixed period, generally no longer than two years, but may be extended upon refiling; and
(2) May be revoked by the FDIC at any time by written notice to the institution.
Title 12 published on 2014-01-01
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