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Interpretations and Actions: October 1996

Vol. 9, No. 10

PLEASE NOTE: Interpretive Letters and No Objection Letters reflect the views of the Comptroller's legal staff. Corporate Decisions and Decisions (CRA) are from the office of Bank Organization and Structure. The list of CRA Ratings is from the Communications Division. Copies of documents not available electronically should be requested by e-mail or by postal mail from the Office of the Comptroller of the Currency, Attn: Communications, Washington, D.C. 20219.

Please cite the letter number when reporting or summarizing documents from this package. This helps to process single requests in a more timely manner.

Interpretive Letters

Letter No. Topic
743 Letter confirming that a national bank may establish an operating subsidiary to reinsure a portion of the mortgage insurance on loans originated or purchased by the parent bank or one of its affiliates. (10/17/96)
744 Letter discusses whether prepayment penalties on Home Equity Loans are "interest" under 12 U.S.C. 85. (08/21/96)
745 Using three part test established for national bank's majority interest in a corporation, partnership, or limited liability company, approves national bank acquiring certificates of participating interest in Delaware business trust created to hold and manage the bank's investment portfolio. (08/26/96)
746 Letter discusses whether participation in a revolving loan program (RLP) would be viewed favorably for purposes of the Community Reinvestment Act regulations, 12 C.F.R. part 25. (09/09/96)
747 Banks may not repurchase their shares from a shareholder's estate and hold them as treasury stock unless it would qualify as a reduction in capital under 12 U.S.C. 59. (09/11/96)
748 Enforceability of secured creditor and offset rights in the event of insolvency and a receivership of an uninsured federal branch of a foreign bank. (09/13/96)
749 Letter discusses that section 24(Seventh) does preempt Texas insurance licensing laws with respect to annuities sales by national banks to the extent that those laws prevent or impair the ability of national banks to exercise their authority under section 24(Seventh) to sell annuities. (09/13/96)
750 Letter discusses an investment in an organization that provides housing referral and assistance to low- and moderate-income individuals would receive positive consideration as a qualified investment for CRA purposes. (09/23/96)
751 National bank employees cannot disclose non-public OCC information without OCC approval. (09/24/96)
752 Certain activities offered by a national bank in connection with a state lottery are not in violation of 12 USC 25a. (09/26/96)

Corporate Decisions

Letter No. Topic
96-50 Application to merge First Community Bank, Lone Grove, Oklahoma into First National Bank & Trust Company of Ardmore, Ardmore, Oklahoma; (Control Number 96SW020030), (09/10/96).
96-51 Application to merge The First National Bank of Enfield, Enfield, Illinois with and into The First National Bank of Carmi, Carmi, Illinois; (Control Number 96CE020037), (09/12/96).
96-52 Notice of The First National Bank of Chicago, Chicago, Illinois, of intent to establish an operating subsidiary that will sponsor a series of trusts that will hold general obligation municipal bonds; (Control Number 95ML08008), (09/20/96).
96-53 Application of American National Bank & Trust Company, Danville, Virginia to purchase certain of the assets and assume all of the liabilities of The Yanceyville, North Carolina branch and related CBCT of FirstSouth Bank, Burlington, North Carolina; (Control Number 96SE020039), (09/24/96).
96-54 Application by Fleet National Bank, Springfield, Massachusetts, to operate a mobile branch in Connecticut; (Control Number 96ML050108), (09/26/96).
96-55 Conversion application of Douglass Bank into Douglass National Bank, Kansas City, Missouri; (Control Numbers 96MW0110019; 96MW120146, 96MW070033, 96MW050060, 96MW060149 & 96MW120147), (09/27/96).
96-56 Application to merge Leader Federal Bank for Savings, Memphis, Tennessee with and into Union Planters National Bank, Memphis, Tennessee, and operate branches of Leader Federal Bank for Savings as branches of Union Planters National Bank; (Control Number 96SE020033), (09/30/96).
96-57 Application by Union Planters National Bank, Memphis, Tennessee, to purchase branches, including the associated assets of Union Planters Bank of Mississippi, Grenada, Mississippi and Union Planters Bank of Northwest Mississippi, Clarksdale, Mississippi; (Control Number 96SE020035), (09/30/96).
96-58 Conversion Application of Connecticut River Bank, National Association, Charlestown, New Hampshire; (Control Numbers 96NE01012, 96NE12217, 96NE07025 & 96NE0506), (09/30/96).

Approvals with Conditions Enforceable under 12 U.S.C. 1818

Letter No. Topic
215 The Women's Bank, N.A., Denver, Colorado, of intent to establish an operating subsidiary pursuant to 12 C.F.R. 5.34 which will become a member of a limited liability company. (Control Number 96WE08005), 09/11/96
216 Texas Commerce Bank National Association, Houston, Texas, proposal to establish a new operating subsidiary to invest in two limited liability corporations. (Control Number 96SW08009), 09/11/96
217 Kennett National Bank, Kennett, Missouri, proposal to establish a branch. (Control Number 96MW050064), 09/26/96
218 Proposal from Union Planters National Bank, Memphis, Tennessee, to merge with Leader Federal Bank for Savings, Memphis, Tennessee, and purchase the assets and assume the liabilities of four DeSoto County, Mississippi branches and two CBCTs of Union Planters Bank of Mississippi, Grenada, Mississippi and one DeSoto County, Mississippi branch of Union Planters Bank of Northwest Mississippi, Clarksdale, Mississippi. (Control Numbers 96SE02033, 96SE02034 & 96SE02035), 09/30/96

Final Enforcement Actions

Enclosed is a copy of the OCC's news release number 96-121, announcing the availability of enforcement actions. Copies of the final actions are available by writing to the Communications Division, OCC, Public Disclosure Room, Mailstop 3-10, Washington, D.C. 20219. When ordering, specify the appropriate Enforcement Action Number.

Community Reinvestment Act (CRA) Performance Evaluations

Enclosed is a list of CRA performance evaluations that became public during the period of September 15 through October 14.

INTERPRETATIONS AND ACTIONS is published monthly by the Office of the Comptroller of the Currency. Subscriptions are available at a rate of $175 per year by writing to the Comptroller of the Currency, P.O. Box 73150, Chicago, IL 60673-7150. Prepayment is requested. Suggestions, comments or questions may be sent to Jacqueline J. England, Communications Division, Comptroller of the Currency, Washington, DC 20219.