Viewing an earlier version · effective Jan 1, 2017View current (a) Commencement of proceeding.
(1)
- (i) Except for change-in-control proceedings under section 7(j)(4) of the FDIA, 12 U.S.C. 1817(j)(4), a proceeding governed by this subpart is commenced by issuance of a notice by the Comptroller.
- (ii) The notice must be served by the Comptroller upon the respondent and given to any other appropriate financial institution supervisory authority where required by law.
- (iii) The notice must be filed with OFIA.
- (2) Change-in control proceedings under section 7(j)(4) of the FDIA (12 U.S.C. 1817(j)(4)) commence with the issuance of an order by the Comptroller.
(b) Contents of notice. The notice must set forth:
- (1) The legal authority for the proceeding and for the OCC's jurisdiction over the proceeding;
- (2) A statement of the matters of fact or law showing that the OCC is entitled to relief;
- (3) A proposed order or prayer for an order granting the requested relief;
- (4) The time, place, and nature of the hearing as required by law or regulation;
- (5) The time within which to file an answer as required by law or regulation;
- (6) The time within which to request a hearing as required by law or regulation; and
- (7) That the answer and/or request for a hearing shall be filed with OFIA.