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Interpretations and Actions: November 2008

Vol. 21, No. 11

Interpretive Letters

Letter No. Topic
1102 Letter concludes that the Bank, via its Mumbai branch, may offer clearing services in India, as a custodian clearing member ("CCM") of the National Securities Clearing Corporation Limited ("NSCCL") where the Bank's exposure to the NSCCL for the defaults of other members is subject to the lending limit in 12 U.S.C. ยง 84 ("Section 84"). Before the branch may become an NSCCL CCM, the Bank must notify its examiner-in-charge ("EIC"), in writing, of the proposed activities and must receive written notification of the EIC's supervisory no-objection. Where a foreign exchange or clearinghouse does not limit a bank's loss exposure to amounts below the Section 84 limits, a national bank must comply with the procedures in the attached letter. 10/14/2008

Corporate Decisions

Letter No. Topic
2008-06 Change in Bank Control Act notice in connection with the proposed acquisition of Wachovia Card Services, National Association, Atlanta, Georgia, and Delaware Trust Bank, National Association, Wilmington, Delaware by Wells Fargo & Company (Control Number 2008 ML 11 0001 & 0002), 10/12/2008
2008-07 Application by Stearns Bank, National Association, ST. Cloud, Minnesota to purchase certain assets and assume certain liabilities of Alpha Bank & Trust, Alpharetta, Georgia (Control Number 2008 CE 02 033), 10/24/2008

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

Letter No. Topic
882 Application by Community Bank of Orange, National Association, Middletown, New York to establish a branch at 715 Route 304, Bardonia, Rockland County, New York (Control Number 2008 NE 05 144), 10/01/2008
883 Application by National Bank, Hillsboro, Illinois to purchase certain assets and assume certain liabilities of Meridian Bank, Eldred, Illinois (Control Number 2008 CE 02 032), 10/10/2008
884 Application by Corpbanca, Santiago, Chile to establish a Federal branch at 845 Third Avenue, 5th Floor, New York, New York (Control Number 2007 IB 10 0001), 10/24/2008

Final Enforcement Actions

Enclosed is a copy of the OCC's news release number 2008-138, announcing the availability of enforcement actions. Copies of the final actions are available by writing to the OCC, Public Information Room, Mail Stop 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 October 15, 2008 through November 14, 2008.

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 office of Licensing. The Community Development Investment Letters are from the office of Community Affairs. 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 timelier 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, Mail Stop 4-8, 250 E Street, S.W., Washington, DC 20219. Prepayment is requested. Suggestions, comments or questions may be sent to Jacqueline J. England, Comptroller of the Currency, Communications Division, Mail Stop 3-2, Washington, DC 20219.