12 USC 1467 - Examination fees

U.S Code last checked for updates: Nov 22, 2024

§ 1467.

Examination fees

(a)

Examination of savings associations

The cost of conducting examinations of savings associations pursuant to section 1464(d) of this title shall be assessed by—

(1)

the Comptroller, against each such Federal savings association, as the Comptroller deems necessary or appropriate; and

(2)

the Corporation, against each such State savings association, as the Corporation deems necessary or appropriate.

(b)

Examination of affiliates

(c)

Assessment against association in case of affiliate’s refusal to pay

(1)

In general

Subject to paragraph (2), if any affiliate of any savings association—

(A)

refuses to pay any assessment under subsection (b); or

(B)

fails to pay any such assessment before the end of the 60-day period beginning on the date of the assessment,

the appropriate Federal banking agency may assess such cost against, and collect such cost from, such savings association.

(2)

Affiliate of more than 1 savings association

(d)

Civil money penalty for affiliate’s refusal to cooperate

(1)

Penalty imposed

If any affiliate of any savings association—

(A)

refuses to permit any examiner appointed by the appropriate Federal banking agency to make an examination; or

(B)

refuses to provide any information required to be disclosed in the course of any examination,

the savings association shall forfeit and pay a civil penalty of not more than $5,000 for each day that any such refusal continues.

(2)

Assessment and collection

(e)

Regulations

The Comptroller may prescribe regulations with respect to—

(1)

the computation of, and the assessment for, the cost of conducting examinations pursuant to this section; and

(2)

the collection and use of such assessments and any fees under this section.

Such regulations may establish formulas to determine a fee or schedule of fees to cover the costs of examinations and also to cover the cost of processing applications, filings, notices, and requests for approvals by the appropriate Federal banking agency or the designee of the Comptroller.

(f)

[Reserved].

(g)

Costs of other examinations

(1)

Examination of fiduciary activities

(2)

Examinations in excess of 2 per calendar year

(h)

Additional information

(i)

Treatment of examination assessments

(1)

Deposits

(2)

Assessments are not Government funds

(3)

Assessments are not subject to apportionment of funds

(j)

Processing fee

(k)

Fees for examinations and supervisory activities

(l)

Working capital

(m)

Use of funds

(June 13, 1933, ch. 64, § 9, as added Pub. L. 100–86, title IV, § 402(a), Aug. 10, 1987, 101 Stat. 605; amended Pub. L. 101–73, title III, § 301, Aug. 9, 1989, 103 Stat. 316; Pub. L. 102–242, title I, § 114(c), Dec. 19, 1991, 105 Stat. 2248; Pub. L. 111–203, title III, § 369(7), July 21, 2010, 124 Stat. 1563.)

cite as: 12 USC 1467