Fla. Admin. Code Ann. R. 69U-105.102 - Application

Current through Reg. 47, No. 249; December 28, 2021

(1) The following application forms are hereby incorporated by reference.

(a) Form OFR-U-1, Application for Authority to Organize a Bank, Savings Bank or Association, Revised 3/2003.

(b) Form OFR-U-28, Application for Authority to Organize a Trust Company, Revised 3/2003.

(c) Form OFR-U-10, Interagency Biographical and Financial Report, Revised 3/2003.

(d) Form OFR-U-16A, Application for Authority to Establish a Branch Office, Revised 11/97 (short form).

(e) Form OFR-U-16, Application for Authority to Establish a Branch Office, Revised 3/2003 (long form).

(f) Form OFR-U-12, Application for Authority to Relocate an Office, Effective 11/9, Revised 3/2003.

(g) Form OFR-U-15, Application for Authority to Exercise Trust Powers, Revised 3/2003.

(h) Form OFR-U-17, Application and Plan for the Purchase of Assets and Assumption of Liabilities, effective 1/2018, https://www.flrules.org/Gateway/reference.asp?No=Ref-08789.

(i) Form OFR-U-19, Application for Approval to Merge or Consolidate a Bank, Trust Company or Association, effective 1/2018, https://www.flrules.org/Gateway/reference.asp?No=Ref-08790.

(j) Form OFR-U-19A, Application for Authority to Organize a Successor Institution, Revised 3/2003.

(k) Form OFR-U-4, Application and Plan of Conversion, effective 1/2018, https://www.flrules.org/Gateway/reference.asp?No=Ref-08788.

(l) Form OFR-U-11, Application for Certificate of Approval to Purchase or Acquire a Controlling Interest in a State Bank or Trust Company, Revised 3/2003.

(2)

(a) Application forms for all license actions covered by these rules may be obtained from OFR at no cost. All applications must be in the format required by OFR. Requests for forms should be sent to:

Deputy Director

Office of Financial Regulation

200 East Gaines Street

Tallahassee, Florida 32399-0371

(b) In those cases where OFR also requires the filing of copies of federal or other application forms, those forms may be obtained from:

Federal Deposit Insurance Corporation

10 Tenth Street, N. E.

Suite 800

Atlanta, Georgia 30309-3906

Federal Reserve Bank of Atlanta

1000 Peachtree Street, N. E.

Atlanta, Georgia 30309-4470

Office of Thrift Supervision

Atlanta Regional Office

Post Office Box 105217

Atlanta, Georgia 30348

National Credit Union Administration

7000 Central Parkway

Suite 1600

Atlanta, Georgia 30328

(3) Filing and Acknowledgment of Application and Fee. The original and two copies of applications in the format required by OFR, accompanied by the prescribed fee for the requested license action as set forth in Section 658.73, F.S., shall be filed with OFR at the address indicated in paragraph (2)(a), above. No application will be deemed filed or received for publication unless accompanied by the proper filing fee. All filing fees for any license action covered by these rules are nonrefundable. Upon receipt of the application and the accompanying fee, the applicant shall be so notified by OFR.

(4) Request for Additional Information. All information the applicant wants to present in order to support the application should be submitted with the original filing. The required exhibits in the application forms are not intended to limit the applicant's presentation of any of the requirements, but merely represent the minimum information required to be filed. All additional information and/or complete correction of all errors or omissions must be submitted within 60 days after requested by OFR. Applicant's failure to respond to such request within 60 days after the date of the request shall be construed by OFR as grounds for denial of an application in accordance with the provisions of Section 120.60(1), F.S., and the file shall be closed, unless good cause is shown that it remain open. Should the file be closed pursuant to these provisions, the applicant shall be duly notified.

(5) Burden of Proof. It is the applicant's responsibility to prove that the statutory and regulatory requirements warranting granting of the authority requested by the applicant are met.

(6) Confidential Information. All information contained in applications to OFR shall be open for public inspection, with the exception of information specifically made confidential by statute. Therefore, confidential information should be submitted separately from the rest of the application and clearly marked "confidential." Information contained in applications filed with federal regulatory agencies, copies of which are submitted to OFR by such agencies, shall be treated in accordance with the provisions of the appropriate federal statute. In cases where OFR requires federal forms to be submitted to OFR by the applicant, public access to the information shall be governed by state law.

(7) Amendment of Application. An applicant may amend the application as to those factors generally within the control or selection of the applicant once, as a matter of course, at any time within 30 days from its receipt for filing. Otherwise, the application may only be amended with permission from OFR. A merger agreement may be amended at any time prior to its approval by the stockholders of the constituent financial institutions or decision by OFR, whichever occurs first. Requests to make adverse material changes filed at any time after the application has been received shall be deemed by OFR to be grounds for denial, and upon such denial a new application accompanied by the appropriate filing fee shall be required. Some examples of material changes include changes in the composition of the board of directors, officers, or stockholders of the institution; location of the proposed license action; and fixed asset proposal. If OFR grants a request to make material changes in the application, the amended application will be treated as a new application with respect to the applicable rules of this chapter, except that no additional filing fee shall be required. When an application is denied on the grounds set forth above, the applicant shall be duly notified.

(8) Supplemental Information. Upon a request from an applicant, OFR shall permit the filing of supplemental information external to the application which sets forth evidence of changing economic conditions and transactions, occurrences, or events having a bearing on the application and which have taken place since the application was filed. Such supplemental information must be filed within a reasonable time after the information is known by the applicants but in no event later than 10 days before the hearing, if one has been requested.

(9) Applications to Locate in the Same General Area. All applications for similar license actions within the same general geographic or trade area or affecting overlapping fields of membership which are filed within any 60 day period shall be processed and considered, as far as practicable, on a concurrent basis.

Notes

Fla. Admin. Code Ann. R. 69U-105.102

Rulemaking Authority 655.012(2) FS. Law Implemented 655.411, 120.60(1), 655.057, 658.19, 658.26, 658.42, 667.003 FS.

New 11-1-77, Amended 3-12-79, 5-27-81, 3-28-83, Formerly 3C-9.02, 3C-9.002, Amended 8-14-94, 4-15-98, Formerly 3C-105.102, Amended by Florida Register Volume 43, Number 220, November 14, 2017 effective 11-28-17.