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Interpretations and Actions: February 2004

Vol. 17, No. 2

Interpretive Letters

Letter No. Topic
981 Letter states that a national bank may rely on the rating assigned to the uninsured portion of the bank's certificates of deposit to satisfy the debt rating requirement necessary to establish a financial subsidiary under Section 121 of the Gramm-Leach-Bliley Act. The certificates of deposit qualify as "eligible debt" for purposes of the requirement under Section 121 that any of the 50 largest insured banks must have at least one investment grade rated issue of debt outstanding in order for the bank to establish a financial subsidiary. 08/14/2003
982 Letter states that a national bank may condition the offering of its securities underwriting services on the use of the bank's letter of credit to secure the bond issue. 09/29/2003
983 Letter opines that a bank's proposed investment in a fund with the purpose of providing employment for low- and moderate-income individuals would be a qualified investment under the Community Reinvestment Act regulations.  10/24/2003
984 Letter opines that a bank's investment in connection with the New Markets Tax Credit program in a "Community Development Entity" (CDE), or a loan by a bank CDE to a "Qualified Active Low-Income Community Business" or another CDE, would received consideration as a qualified investment or a community development loan, respectively, when the institution's Community Reinvestment Act performance is evaluated. 12/17/2003
985 Letter concludes that (1) the activities of a mortgage reinsurance company are substantively the same as those of a group mortgage reinsurance facility previously authorized by the OCC; and that (2) a national bank seeking to make a non-controlling investment, directly or indirectly through an operating subsidiary, in the mortgage reinsurance company, may use the notice procedure available under the OCC's regulations at 12 C.F.R. 5.36(e), if the bank otherwise qualifies under the criteria of that section. 01/14/2004

Corporate Decisions

Letter No. Topic
2004-2 Change in Bank Control Act (CBCA) notice by Lehman Brothers Holdings Inc., New York, New York to acquire Neuberger Berman Trust Company, National Association, New York, New York. (Control Number 2003 NE 11 0001), 10/29/2003
2004-3 Agreement by and between The Absentee Shawnee Tribe of Indians of Oklahoma ("the Tribe") and the Office of the Comptroller and Agreement by and between First National Bank of Calumet ("the Bank"), Calumet, Oklahoma and the Office of the Comptroller relevant to the application filed with the Federal Reserve Board of Governors by AllNations Bancorporation, Inc., Shawnee, Oklahoma to become a bank holding company through the acquisition of the Bank. AllNations is owned by the Tribe (Control Number 2003 WO 12 0009), 01/08/2004
2004-4 Application to charter Signature Bank of California, National Association, Glendale, California. (Control Number 2003 WE 01 0006), 01/15/2004
2004-5 Application by South Carolina Bank and Trust, National Association, Orangeburg, South Carolina to purchase the assets and assume the liabilities of the Denmark, South Carolina branch of Security Federal Bank, Aiken, South Carolina under the charter and title of South Carolina Bank and Trust, N.A. (Control Number 2003 SD 02 0016),  01/30/2004

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

Letter No. Topic
619 Application to convert Mid-Peninsula Bank, Palo Alto, California to a national bank with the title of "Greater Bay Bank, National Association," merge ten affiliated banks with and into the converted bank and acquire an operating subsidiary. (Control Numbers 2003 WE 01 0008; 2003 WE 02 0021; & 2003 WE 08 0022), 01/16/2004
620 Proposal by ColoEast Bankshares, Inc., Lamar, Colorado to merge First National Bank of Tribune, Tribune, Kansas with and into New Tribune Bank, N.A., Tribune, Kansas under the title of First National Bank of Tribune and the proposal of First National Bank of Tribune to purchase certain assets and assume certain liabilities (Elkhart, Kansas branch) of Gold Bank, Hennessey, Oklahoma. (Control Number 2003 WE 02 0017 & 18),  01/22/2004
621 Application to charter Brazos Valley Bank, National Association, College Station, Texas. (Control Number 2003 SW 01 0007), 01/23/2004

Final Enforcement Actions

Enclosed is a copy of the OCC's news release number 2004-14, 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 January 15, 2003 through February 14, 2004.

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.