Publication Guide Revised August 12, 2016
The Federal Reserve System requires that notice of certain types of applications be published in either the newspapers of the affected communities, the Federal Register, or both. The Board's procedures require that action may not be taken on an application until the third business day following the expiration of the latest public comment period. Therefore, accurate publication is critical in order to avoid processing delays. Procedures for newspaper and Federal Register publication are listed below. In addition, the following reference table provides specific publication requirements for specific application types.
Publishing in the Federal Register
Publication in the Federal Register is handled by the Reserve Bank upon receipt of an application, or it may be requested in advance of filing. A request for advance Federal Register publication is recommended in order to avoid unnecessary processing delays. Such a request should be made in writing and should include the following information:
- Section 3 Bank Holding Company Act and Section 10 Home Owners' Loan Act Applications
- Applicant's name, city and state
- Target bank or bank holding company's name, city and state
- Percentage of voting stock to be acquired
- Specific application type to be filed [3(a)(1), 3(a)(3), 3(a)(5), or 10(e)]
- Statement of whether a related Section 4 application will be filed
Section 4 Applications
- Applicant's name, city and state
- Statement indicating whether the activity will be conducted de novo or through acquisition of voting securities or assets of a going concern
- Name, city, and state of company to perform the nonbank activities
- Specific nonbank activities to be engaged in, including cite to Regulation Y or Board Order
- Geographic scope of activity to be conducted
- Statement of whether a related Section 3 application will be filed
- Federal Register publication requests should be addressed to:
Assistant Vice President
Federal Reserve Bank of Atlanta
Department of Supervision and Regulation
1000 Peachtree Street N.E.
Atlanta, Georgia 30309-4470
FAX (404) 498-7302
In submitting a request for advance publication, please note that publication in the Federal Register will not occur immediately upon receipt by the Reserve Bank. Upon receipt of an applicant's request for publication, the Reserve Bank sends the relevant information to the Board of Governors' Legal Division. However, the actual publication in the Federal Register may not occur for up to one week following receipt.
Publishing in a Newspaper
Publication in the newspaper is handled by the applicant. Publication should be made in the classified advertising legal notices section of the newspaper(s) of general circulation in the appropriate community or communities. A newspaper of general circulation has been defined as the newspaper of largest circulation in the community. The final application should include an original publisher's affidavit for each newspaper publication. If a publisher's affidavit is not available when the final application is submitted, the applicant should provide the newspaper page containing the notice including evidence of the date of publication. The publisher's affidavit should be forwarded to the Reserve Bank as soon as it becomes available.
- Note for change in control notifications: If an acquiring party is a partnership, the notice should include the name and location of the partnership and each of its general partners. If an acquiring party is a trust, the notice should include the name and location of the trust and each of its trustees.
- Sample newspaper notices for various domestic application types.
- Sample newspaper notices for international application types. Please select the appropriate phrasing as shown in parenthesis.
Newspaper publication format for an application by a foreign banking entity to establish a branch, agency, commercial lending company, or representative office:
(Note: For applications to establish federal branches or agencies, compliance with the publication procedures of the Comptroller of the Currency shall satisfy the Federal Reserve's publication requirement. Comments regarding the application should be sent to the Federal Reserve and to the Comptroller.)
Notice of Application to Establish
(a branch)(an agency)(a commercial lending company)(a representative office)
Notification is hereby given by (name of applicant, city, and country), that an application has been filed with the Federal Reserve Board to establish (a branch)(an agency)(a commercial lending company)(a representative office) at (address), pursuant to the International Banking Act of 1978.
Interested parties may submit written comments on the application to Chapelle D. Davis, Assistant Vice President, Federal Reserve Bank of Atlanta, 1000 Peachtree Street N.E., Atlanta, Georgia 30309-4470. The thirty-day comment period will not end before (insert specific date 30 days from the date of publication). If you need more information on how to submit your comments on the application, contact Chapelle D. Davis at (404) 498-7278.
Newspaper publication format for an application by an Edge Act corporation to establish a domestic branch:
Notice of Application by an Edge Act Corporation to Establish a Domestic Branch
Notification is hereby given by (name, city and country of applicant), a corporation organized under Section 25a of the Federal Reserve Act (12 USC Section 611, et seq. The Edge Act) to engage in international or foreign operations, that it has applied to the Board of Governors of the Federal Reserve System pursuant to Section 211.4 of the Board's Regulation K (12 CFR 211.4) to establish a branch to be located at (address). Applicant is a wholly-owned subsidiary of (name, city, and state of parent company), a company organized under the laws of the State of _____.
The public is invited to submit written comments on this application to the Federal Reserve Bank of Atlanta, 1000 Peachtree Street N.E., Atlanta, Georgia 30309-4470. The comment period on this application will not end before (insert specific date 30 days from the date of publication). Please call Chapelle D. Davis (404) 498-7278 at the Federal Reserve Bank of Atlanta if you require additional information concerning submission of comments. The Board of Governors of the Federal Reserve System will consider comments if they are received by the Federal Reserve Bank of Atlanta during the above referenced comment period.
Publishing Processes Specific to the Federal Reserve Bank of Atlanta
|APPLICATION TYPE||PUBLICATION REQUIRED||COMMENT PERIOD||PUBLICATION TIMING|
|Branch opening||Newspaper only - community or communities in which the head office of the bank and the proposed branch are located||15 days||No more than 7 days before and no later than the calendar day on which the application is filed|
|18(c) and Oakar - Bank merger, consolidation, or acquisition of assets or assumption of liabilities||Newspaper only - community or communities in which the head office of each of the banks that are parties to the transaction are located||30 days||Notice must be published at least 3 times. The first and second publications should occur on the same day of the week for 2 consecutive weeks. The third publication may occur on any day of the week and must occur no later than the last day of the comment period. The application must be submitted no later than 7 calendar days after the first publication.|
|3(a)(1) Reigle Notice – BHC formation through qualifying reorganization||No publication||N/A||N/A|
|3(a)(1) - non-Reigle BHC formation||Federal Register and Newspaper in community or communities in which the Applicant and bank(s) to be acquired are located||30 days||No more than 15 days before and no later than 7 days after filing|
|3(a)(3) - BHC banking acquisition||Federal Register and Newspaper in community or communities where the Applicant's largest bank subsidiary and each of the banks to be acquired are located||30 days||No more than 15 days before and no later than 7 days after filing|
|3(a)(5) - BHC merger||Federal Register and Newspaper in community or communities where the Applicant's largest bank subsidiary and each of the banks to be acquired are located||30 days||No more than 15 days before and no later than 7 days after filing|
Federal Register and Newspaper in:
(i) for state member bank – community in which the head office of the bank is located, or
(ii) for BHC/SLHC – community where the BHC/SLHC head office is located and the community in which the head office of each of the subsidiary banks/savings associations is located.
15 days-Federal Register
Federal Register-Upon receipt of filing
Newspaper-No more than 15 days before and no later than 10 days after filing
|4(c)(8) - BHC nonbanking acquisition of an insured depository institution (ex., thrift)||Federal Register and Newspaper in community or communities where the Applicant, its largest bank subsidiary and the institution to be acquired are located.||30 days||
Federal Register- no more than 15 days before filing
Newspaper - No more than 15 days before and no later than 7 days after filing
|4(c)(8) - BHC nonbanking proposal involving listed or Board Order activity (other than insured depository institution)||
Expedited Procedure - No publication
Non-expedited procedure - Federal Register only
|No more than 15 days before filing|
|4(c)(8) - BHC nonbanking proposal involving new (not yet approved) activity||Federal Register only||30 days||Within 10 days of receipt of application unless extended by the Board|
|Foreign Bank branch, agency or representative office||Newspaper only – community where the office will be located||30 days||On the date of filing|
|Edge formation||Federal Register only||30 days||Upon receipt of filing|
|Edge branch||Newspaper only - community to be served by the branch||30 days||No more than 90 days before filing|
|SLHC formation||Federal Register and Newspaper in community or communities in which the Applicant and savings association(s) to acquired are located||30 days||No more than 15 days before and no later than 7 days after filing|
|SLHC merger/acquisition/expansion||Federal Register and Newspaper in community or communities where the Applicant's largest savings association subsidiary and each of the savings associations to be acquired are located.||30 days||No more than 15 days before and no later than 7 days after filing|
|SLHC Reorganization Exemption Request||No publication||N/A||N/A|