This scheme covers notices disapproving individuals proposed as national bank board of directors members or senior executive officers. National banks must provide notice to the OCC at least 90 days before changing board of directors members or senior executives. Under FIRREA, the OCC has authority to make its own regulations regarding notices of disapproval for candidates' applications to become senior executive officers or board members of national banks. See 12 U.S.C. § 1831i. The OCC promulgated 12 C.F.R. § 5.51, which provides for an "appeal" process from agency-issued Notices of Disapproval. Individual candidates and national banks can both seek review of a disapproval. The Comptroller, an authorized delegate, or an "appellate official" considers the information submitted and determines whether the disapproval was justified.
Scheme Nickname:
Comptroller - disapproving Board of Directors/senior execs
Comments/Notes on Adjudication Structure:
This board of directors/senior executive officer disapproval procedure is different than the Change in Bank Control disapproval procedure (see 12 C.F.R. § 5.50). The Change in Bank Control process is adjudicated through a formal scheme. See 12 C.F.R. §§ 19.160 - 19.161; 12 C.F.R. § 109.1(c).
NOTE: Is there a difference between an "authorized delegate" and a designated "appellate official?" The regulations do not provide an answer.
Types of Adjudication:
Type B
Verified by Agency:
Not verified
Is this a Major Adjudication:
Yes