12 CFR Part 4, Subpart C, Appendix A to Subpart C of Part 4 - Model Stipulation for Protective Order and Model Protective Order

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Appendix A to Subpart C of Part 4—Model Stipulation for Protective Order and Model Protective Order
I. Model Stipulation
CASE CAPTION
Model Stipulation for Protective Order
Whereas, counsel for ______ have applied to the Comptroller of the Currency (hereinafter “Comptroller”) pursuant to 12 CFR part 4, Subpart C, for permission to have made available, in connection with the captioned action, certain records; and
Whereas, such records are deemed by the Comptroller to be confidential and privileged, pursuant to 12 U.S.C. 481, 1463(a)(1), 1464(a)(1) and 1464(d)(1)(B)(i); 5 U.S.C. 552(b)(8); 18 U.S.C. 641, 1906; and 12 CFR 4.12, and part 4, Subpart C; and
Whereas, following consideration by the Comptroller of the application of the above described party, the Comptroller has determined that the particular circumstances of the captioned action warrant making certain possibly relevant records as denoted in appendix “A” to this Stipulation [records to be specified by type and date] available to the parties in this action, provided that appropriate protection of their confidentiality can be secured;
Therefore, it is hereby stipulated by and between the parties hereto, through their respective attorneys that they will be bound by the following protective order which may be entered by the Court without further notice.
Dated this ______ day of _______, 19__.
Attorney for Plaintiff
Attorney for Defendant
II. Model Protective Order
CASE CAPTION
Model Protective Order
Whereas, counsel for ______ have applied to the Comptroller of the Currency (hereinafter Comptroller”) pursuant to 12 CFR part 4, Subpart C, for permission to have made available, in connection with the captioned action, certain records; and
Whereas, such records are deemed by the Comptroller to be confidential and privileged, pursuant to 12 U.S.C. 481, 1463(a)(1), 1464(a)(1) and 1464(d)(1)(B)(i); 5 U.S.C. 552(b)(8); 18 U.S.C. 641, 1906; and 12 CFR 4.12, and part 4, Subpart C;
Whereas, following consideration by the Comptroller of the application of the above described party, the Comptroller has determined that the particular circumstances of the captioned action warrant making certain possibly relevant records available to the parties in this action, provided that appropriate protection of their confidentiality can be secured;
Now, Therefore, it is Ordered That:
1. The records, as denoted in appendix “A” to the Stipulation for this Protective Order, upon being furnished [or released for use] by the Comptroller, shall be disclosed only to the parties to this action, their counsel, and the court [and the jury].
2. The parties to this action and their counsel shall keep such records and any information contained in such records confidential and shall in no way divulge the same to any person or entity, except to such experts, consultants and non-party witnesses to whom the records and their contents shall be disclosed, solely for the purpose of properly preparing for and trying the action.
3. No person to whom information and records covered by this Order are disclosed shall make any copies or otherwise use such information or records or their contents for any purpose whatsoever, except in connection with this action.
4. Any party or other person who wishes to use the information or records or their contents in any other action shall make a separate application to the Comptroller pursuant to 12 CFR part 4, Subpart C.
5. Should any records covered by this Order be filed with the Court or utilized as exhibits at depositions in the captioned action, or should information or records or their contents covered by this Order be disclosed in the transcripts of depositions or the trial in the captioned action, such records, exhibits and transcripts shall be filed in sealed envelopes or other sealed containers marked with the title of this action, identifying each document and article therein and bearing a statement substantially in the following form:
CONFIDENTIAL
Pursuant to the Order of the Court dated ______ this envelope containing the above-identified papers filed by (the name of the party) is not to be opened nor the contents thereof displayed or revealed except to the parties to this action or their counsel or by further Order of the Court.
6. FOR JURY TRIAL: Any party offering any of the records into evidence shall offer only those pages, or portions thereof, that are relevant and material to the issues to be decided in the action and shall block out any portion of any page that contains information not relevant or material. Furthermore, the name of any person or entity contained on any page of the records who is not a party to this action, or whose name is not otherwise relevant or material to the action, shall be blocked out prior to the admission of such page into evidence. Any disagreement regarding what portion of any page that should be blocked out in this manner shall be resolved by the Court in camera, and the Court shall decide its admissibility into evidence.
7. At the conclusion of this action, all parties shall certify to the Comptroller that the records covered by this Order have been destroyed. Furthermore, counsel for ______, pursuant to 12 CFR 4.39(c), shall retrieve any records covered by this Order that may have been filed with the Court.
So Ordered:
Judge
Date
[60 FR 57322, Nov. 15, 1995, as amended at 64 FR 29217, June 1, 1999]

Title 12 published on 2014-01-01

The following are only the Rules published in the Federal Register after the published date of Title 12.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2014-03-21; vol. 79 # 55 - Friday, March 21, 2014
    1. 79 FR 15639 - Technical Amendments: Removal of Rules Transferred to the Consumer Financial Protection Bureau; OCC Address Change
      GPO FDSys XML | Text
      DEPARTMENT OF THE TREASURY, Office of the Comptroller of the Currency
      Final rule.
      Effective March 21, 2014.
      12 CFR Parts 4, 5, 7, 10, 11, 16, 19, 24, 34, and 40

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
U.S. Code: Title 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
U.S. Code: Title 12 - BANKS AND BANKING

§ 1 - Office of the Comptroller of the Currency

§ 2 - Comptroller of the Currency; appointment; term

§ 3 - Oath of Comptroller

§ 4 - Deputy Comptrollers

§ 4a - Delegation of authority by Comptroller

§ 4b - Deputy Comptroller for the supervision and examination of Federal savings associations

§ 5, 6 - Repealed.

§ 7 - Chief of examining division

§ 8 - Clerks

§ 9 - Additional examiners, clerks, and other employees

§ 9a - Repealed.

§ 10 - Salaries of Deputy Comptrollers, examiners, and other employees as part of bank examination expenses

§ 11 - Interest in national banks

§ 12 - Seal of Comptroller

§ 13 - Rooms for Currency Bureau

§ 14 - Report of Comptroller

§ 15 - Repealed. Aug. 7, 1946, ch. 770,

§ 16 - Funding of Office

§ 93a - Authority to prescribe rules and regulations

§ 161 - Reports to Comptroller of the Currency

§ 481 - Appointment of examiners; examination of member banks, State banks, and trust companies; reports

§ 482 - Employees of Office of Comptroller of the Currency; appointment; compensation and benefits

§ 484 - Limitation on visitorial powers

12 U.S. Code § 462b, 462c - Omitted

§ 1442 - Member financial information

§ 1462a - Administrative provisions

§ 1463 - Supervision of savings associations

§ 1464 - Federal savings associations

§ 1817 - Assessments

§ 1818 - Termination of status as insured depository institution

§ 1820 - Administration of Corporation

§ 1821 - Insurance Funds

§ 1831m - Early identification of needed improvements in financial management

12 U.S. Code § -

12 U.S. Code § 1801 to 1805 - Omitted

§ 1833e - Equal opportunity

§ 1867 - Regulation and examination of bank service companies

§ 1951 - Congressional findings and declaration of purpose

§ 1952 - Reports on ownership and control

§ 1953 - Recordkeeping and procedures

§ 1954 - Injunctions

§ 1955 - Civil penalties

§ 1956 - Criminal penalty

§ 1957 - Additional criminal penalty in certain cases

§ 1958 - Compliance

§ 1959 - Administrative procedure

§ 2601 - Congressional findings and purpose

§ 2602 - Definitions

§ 2603 - Uniform settlement statement

§ 2604 - Home buying information booklets

§ 2605 - Servicing of mortgage loans and administration of escrow accounts

§ 2606 - Exempted transactions

§ 2607 - Prohibition against kickbacks and unearned fees

§ 2608 - Title companies; liability of seller

§ 2609 - Limitation on requirement of advance deposits in escrow accounts

§ 2610 - Prohibition of fees for preparation of truth-in-lending, uniform settlement, and escrow account statements

§ 2611 to 2613 - Repealed.

§ 2614 - Jurisdiction of courts; limitations

§ 2615 - Contracts and liens; validity

§ 2616 - State laws unaffected; inconsistent Federal and State provisions

§ 2617 - Authority of Bureau

§ 2801 - Congressional findings and declaration of purpose

§ 2802 - Definitions

§ 2803 - Maintenance of records and public disclosure

§ 2804 - Enforcement

§ 2805 - Relation to State laws

§ 2806 - Compliance improvement methods

§ 2807 - Report

§ 2808 - Effective date

§ 2809 - Compilation of aggregate data

§ 2810 - Disclosure by Secretary; commencement, scope, etc.

§ 2811 - Repealed.

§ 2901 - Congressional findings and statement of purpose

§ 2902 - Definitions

§ 2903 - Financial institutions; evaluation

§ 2904 - Report to Congress

§ 2905 - Regulations

§ 2906 - Written evaluations

§ 2907 - Operation of branch facilities by minorities and women

§ 2908 - Small bank regulatory relief

§ 3101 - Definitions

§ 3102 - Establishment of Federal branches and agencies by foreign bank

§ 3103 - Interstate banking by foreign banks

§ 3104 - Insurance of deposits

§ 3105 - Authority of Federal Reserve System

§ 3106 - Nonbanking activities of foreign banks

§ 3106a - Compliance with State and Federal laws

§ 3107 - Representative offices

§ 3108 - Regulation and enforcement

§ 3109 - Cooperation with foreign supervisors

§ 3110 - Penalties

§ 3111 - Criminal penalty

§ 3401 - Definitions

§ 3402 - Access to financial records by Government authorities prohibited; exceptions

§ 3403 - Confidentiality of financial records

§ 3404 - Customer authorizations

§ 3405 - Administrative subpena and summons

§ 3406 - Search warrants

§ 3407 - Judicial subpena

§ 3408 - Formal written request

§ 3409 - Delayed notice

§ 3410 - Customer challenges

§ 3411 - Duty of financial institutions

§ 3412 - Use of information

§ 3413 - Exceptions

§ 3414 - Special procedures

§ 3415 - Cost reimbursement

§ 3416 - Jurisdiction

§ 3417 - Civil penalties

§ 3418 - Injunctive relief

§ 3419 - Suspension of limitations

§ 3420 - Grand jury information; notification of certain persons prohibited

§ 3421 - Repealed.

§ 3422 - Applicability to Securities and Exchange Commission

§ 5321 - Financial Stability Oversight Council established

§ 5412 - Powers and duties transferred

§ 5414 - Savings provisions

U.S. Code: Title 15 - COMMERCE AND TRADE
U.S. Code: Title 18 - CRIMES AND CRIMINAL PROCEDURE
U.S. Code: Title 29 - LABOR
U.S. Code: Title 31 - MONEY AND FINANCE
U.S. Code: Title 42 - THE PUBLIC HEALTH AND WELFARE
U.S. Code: Title 44 - PUBLIC PRINTING AND DOCUMENTS
Presidential Documents

Executive Order ... 12600

Title 12 published on 2014-01-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 12 CFR 4 after this date.

  • 2014-06-10; vol. 79 # 111 - Tuesday, June 10, 2014
    1. 79 FR 33260 - Integration of National Bank and Federal Savings Association Regulations: Licensing Rules
      GPO FDSys XML | Text
      DEPARTMENT OF THE TREASURY, Office of the Comptroller of the Currency
      Notice of proposed rulemaking.
      Comments must be received on or before August 11, 2014.
      12 CFR Parts 4, 5, 7, 14, 32, 34, 100, 116, 143, 144, 145, 146, 150, 152, 159, 160, 161, 162, 163, 174, 192, 193