(a) Notice to appropriate Federal banking agency(1) In generalAn insured depository institution which proposes to close any branch shall submit a notice of the proposed closing to the appropriate Federal banking agency not later than the first day of the 90-day period ending on the date proposed for the closing.
(2) Contents of noticeA notice under paragraph (1) shall include—(A) a detailed statement of the reasons for the decision to close the branch; and
(B) statistical or other information in support of such reasons.
(b) Notice to customers(1) In generalAn insured depository institution which proposes to close a branch shall provide notice of the proposed closing to its customers.
(2) Contents of noticeNotice under paragraph (1) shall consist of—(A) posting of a notice in a conspicuous manner on the premises of the branch proposed to be closed during not less than the 30-day period ending on the date proposed for that closing; and
(B) inclusion of a notice in—(i) at least one of any regular account statements mailed to customers of the branch proposed to be closed, or
(ii) in a separate mailing,
by not later than the beginning of the 90-day period ending on the date proposed for that closing.
(c) Adoption of policiesEach insured depository institution shall adopt policies for closings of branches of the institution.
(d) Branch closures in interstate banking or branching operations(1) Notice requirementsIn the case of an interstate bank which proposes to close any branch in a low- or moderate-income area, the notice required under subsection (b)(2) shall contain the mailing address of the appropriate Federal banking agency and a statement that comments on the proposed closing of such branch may be mailed to such agency.
(2) Action required by appropriate Federal banking agencyIf, in the case of a branch referred to in paragraph (1)—(A) a person from the area in which such branch is located—(i) submits a written request relating to the closing of such branch to the appropriate Federal banking agency; and
(ii) includes a statement of specific reasons for the request, including a discussion of the adverse effect of such closing on the availability of banking services in the area affected by the closing of the branch; and
(B) the agency concludes that the request is not frivolous,
the agency shall consult with community leaders in the affected area and convene a meeting of representatives of the agency and other interested depository institution regulatory agencies with community leaders in the affected area and such other individuals, organizations, and depository institutions (as defined in section 461(b)(1)(A) of this title) as the agency may determine, in the discretion of the agency, to be appropriate, to explore the feasibility of obtaining adequate alternative facilities and services for the affected area, including the establishment of a new branch by another depository institution, the chartering of a new depository institution, or the establishment of a community development credit union, following the closing of the branch.
(3) No effect on closingNo action by the appropriate Federal banking agency under paragraph (2) shall affect the authority of an interstate bank to close a branch (including the timing of such closing) if the requirements of subsections (a) and (b) have been met by such bank with respect to the branch being closed.
(4) DefinitionsFor purposes of this subsection, the following definitions shall apply:(A) Interstate bank definedThe term “interstate bank” means a bank which maintains branches in more than 1 State.
(B) Low- or moderate-income areaThe term “low- or moderate-income area” means a census tract for which the median family income is—(i) less than 80 percent of the median family income for the metropolitan statistical area (as designated by the Director of the Office of Management and Budget) in which the census tract is located; or
(ii) in the case of a census tract which is not located in a metropolitan statistical area, less than 80 percent of the median family income for the State in which the census tract is located, as determined without taking into account family income in metropolitan statistical areas in such State.
(e) Scope of applicationThis section shall not apply with respect to—(1) an automated teller machine;
(2) the relocation of a branch or consolidation of one or more branches into another branch, if the relocation or consolidation—(A) occurs within the immediate neighborhood; and
(B) does not substantially affect the nature of the business or customers served; or
(3) a branch that is closed in connection with—(A) an emergency acquisition under—(i) section 1821(n) of this title; or
(ii) subsection (f) or (k) of section 1823 of this title; or
(B) any assistance provided by the Corporation under section 1823(c) of this title.
Structure US Code
CHAPTER 16— FEDERAL DEPOSIT INSURANCE CORPORATION
§ 1811. Federal Deposit Insurance Corporation
§ 1814. Insured depository institutions
§ 1816. Factors to be considered
§ 1818. Termination of status as insured depository institution
§ 1820. Administration of Corporation
§ 1820a. Examination of investment companies
§ 1821a. FSLIC Resolution Fund
§ 1822. Corporation as receiver
§ 1825. Issuance of notes, debentures, bonds, and other obligations; exemptions
§ 1826. Forms of obligations; preparation by Secretary of the Treasury
§ 1828. Regulations governing insured depository institutions
§ 1828a. Prudential safeguards
§ 1828b. Interagency data sharing
§ 1829. Penalty for unauthorized participation by convicted individual
§ 1829a. Participation by State nonmember insured banks in lotteries and related activities
§ 1829b. Retention of records by insured depository institutions
§ 1829c. Making online banking initiation legal and easy
§ 1831. Separability of certain provisions of this chapter
§ 1831a. Activities of insured State banks
§ 1831b. Disclosures with respect to certain federally related mortgage loans
§ 1831c. Assuring consistent oversight of subsidiaries of holding companies
§ 1831d. State-chartered insured depository institutions and insured branches of foreign banks
§ 1831e. Activities of savings associations
§ 1831j. Depository institution employee protection remedy
§ 1831k. Reward for information leading to recoveries or civil penalties
§ 1831l. Coordination of risk analysis between SEC and Federal banking agencies
§ 1831m. Early identification of needed improvements in financial management
§ 1831m–1. Reports of information regarding safety and soundness of depository institutions
§ 1831n. Accounting objectives, standards, and requirements
§ 1831o. Prompt corrective action
§ 1831p–1. Standards for safety and soundness
§ 1831q. FDIC affordable housing program
§ 1831r. Payments on foreign deposits prohibited
§ 1831r–1. Notice of branch closure
§ 1831t. Depository institutions lacking Federal deposit insurance
§ 1831u. Interstate bank mergers
§ 1831v. Authority of State insurance regulator and Securities and Exchange Commission
§ 1831w. Safety and soundness firewalls applicable to financial subsidiaries of banks
§ 1831x. Insurance customer protections
§ 1831y. CRA sunshine requirements
§ 1831aa. Enforcement of agreements
§ 1831bb. Capital requirements for certain acquisition, development, or construction loans
§ 1831dd. Open data publication
§ 1832. Withdrawals by negotiable or transferable instruments for transfers to third parties
§ 1833b. Comparability in compensation schedules
§ 1833c. Comptroller General audit and access to records
§ 1834. Reduced assessment rate for deposits attributable to lifeline accounts
§ 1834a. Assessment credits for qualifying activities relating to distressed communities