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Interpretations and Actions: December 2003

Vol. 16, No. 12

Interpretive Letters

Letter No. Topic
975 Letter addresses Bank's ability to dispose of coins that may have value in excess of metallic content or face value as discussed in Section 24 (Seventh) and Banking Circular No. 58. 10/14/2003
976 Letter responds to request for legal opinion by counsel from California company engaged in contractual dispute with national bank and also addresses several aspects of testimony of past and present OCC employees. 10/15/2003
977 Letter addresses Bank's operation of branches at Wal-Mart stores under a trade name found to be consistent with Interagency Statement on branch names. 10/15/2003

CRA Decisions

Letter No. Topic
118 Application to consolidate 18 Wells Fargo affiliates into Wells Fargo Bank, National Association, San Francisco, California, with the resulting bank's headquarters located in Sioux Falls, South Dakota and the application by Wells Fargo Bank to purchase and assume certain of the assets and liabilities of Wells Fargo Bank Northwest, National Association, Ogden, Utah. (Control Numbers 2003 ML 02 0009, 0010 & 0011), 11/06/2003

Corporate Decisions

Letter No. Topic
2003-12 Application from Providian National Bank, Tilton, New Hampshire to purchase substantially all the assets and assume all of the deposits of Providian Bank, Salt Lake City, Utah; and, the application to merge, subsequent to the purchase and assumption transaction, Providian Bank, Salt Lake City, Utah, an unaffiliated Utah non-bank business corporation with and into Providian National Bank, Tilton, New Hampshire under the authority of 12 USC 215a-3. (Control Numbers 2002 WE 02 0007 & 2003 WE 12 0260), 11/26/2003

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

Letter No. Topic
609 Application by HBOS Treasury Services plc, London, England, to establish a Federal Branch in New York, New York. (Control Number 2003 IB 10 002), 11/06/2003
610 Application to establish a new national bank with the title of "TexStar National Bank," Universal City, Texas. (Control Number 2003 SW 01 0009), 11/13/2003
611 Application to establish a new national bank with the title of "Empire State Bank, National Association, Modena, New York. (Control Number 2003 NE 01 010), 11/18/2003
612 Application by National Bank of Commerce, Memphis, Tennessee to acquire El Banco branches from Flag Bank and to acquire a non-controlling interest in Nuestra Tarjeta de Servicios. (Control Number 2003 SE 02 0017 & 2003 SE 08 0029), 11/21/2003

Charters with Standard Condition

Each of the following charter application(s) were approved with a standard condition enforceable under 12 U.S.C. 1818 that requires the bank to provide notice and obtain OCC's non-objection in advance of any significant deviations or changes from its business plan or operations.

Letter No. Topic
613 Application to charter Professional Bank, National Association, Dallas, Texas. (Control Number 2003 SW 01 0004), 11/20/2003
614 Application to establish a new national bank with the title of "First National Bank of Forsyth County," Cumming, Georgia. (Control Number 2003 SE 01 009), 11/20/2003

Final Enforcement Actions

Enclosed is a copy of the OCC's news release number 2003-100 , announcing the availability of enforcement actions. Copies of the final actions are available by writing to the OCC, Public Reference Room, Mailstop 1-5, 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 November 15, 2003 through December 14, 2003.

PLEASE NOTE: Interpretive Letters and No-Objection Letters reflect the views of the Comptroller's legal staff. Corporate Decisions, CRA Decisions and Conditional Approvals are from the Licensing department. The list of CRA Ratings is from the Communications Division. For copies of the CRA evaluations, you may either contact the bank directly, or you may write to the Office of the Comptroller of the Currency (OCC) in any of three ways: by mail to the OCC, Attn: Public Information Room, Mail Stop 1-5, Washington, D.C. 20219; by fax to (202) 874-4448; or by e-mail to You may also write to the OCC for copies of enforcement actions and charters with standard conditions.

Members of the news media are encouraged to cite the letter number when reporting or summarizing documents from this package. This helps us to process single requests based upon your citation in a more timely manner.

The Office of the Comptroller of the Currency publishes INTERPRETATIONS AND ACTIONS monthly. Subscriptions are available at a rate of $175 per year by writing to the Comptroller of the Currency, ATTN: Accounts Receivable, Mailstop 4-8, 250 E Street, S.W., Washington, DC 20219. Prepayment is requested. Suggestions, comments or questions may be sent to Jacqueline J. England, Communications Division, Comptroller of the Currency, Mail Stop 3-2, Washington, DC 20219.