(1) Upon the acquisition of beneficial ownership that exceeds, in the aggregate, 10 percent of any class of stock of a Federal savings association or additional stock above 10 percent of the stock of a savings association occurring after December 26, 1985, an acquiror shall filewith the OCC a certification as described in this section.
(2) The certification filed pursuant to this section shall be signed by the acquiror or an authorized representative thereof and shall read as follows:
The undersigned is the beneficial owner of 10 percent or more of a class of stock of [name of savings association]. The undersigned is not in control of such association, as defined in 12 CFR 174.4(a), and is not subject to a rebuttable determination of control under § 174.4(b), and will take no action that would result in a determination of control or a rebuttable determination of control without first filing and obtaining approval of an application under the Savings and Loan Holding Company Act, 12 U.S.C. 1467a, or notice under the Change in Bank Control Act, 12 U.S.C. 1817(j), or filing and obtaining acceptance by the Office of the Comptroller of the Currency of a rebuttal of the rebuttable determination of control.
(3) Notwithstanding anything contained in this paragraph (a), an acquiror is not required to file a certification if:
(i) The OCC has issued a notice of non-disapproval of the acquisition of the savings association; or
(ii) The acquiror has filed a materially complete notice pursuant to§ 174.3 of this part.
(b)Privacy. All certifications filed under this § 174.5 shall be for the information of the OCC in connection with its examination functions and shall be provided confidential treatment by the OCC.
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