12 U.S.C. § 1467 - Examination fees
|Cite as:||12 U.S.C. § 1467|
|Currency:||Current through P.L. 116-135 (03/26/2020)|
(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
The cost of conducting examinations of affiliates of savings associations pursuant to this chapter may be assessed by the Comptroller or Corporation, as appropriate 1 against each affiliate that is examined as the Comptroller or Corporation, as appropriate 1 deems necessary or appropriate.
(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
If any affiliate referred to in paragraph (1) is an affiliate of more than 1 savings association, the assessment with respect to the affiliate against, and collected from, any affiliated savings association in such proportions as the appropriate Federal banking agency may prescribe.
(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
Any penalty imposed under paragraph (1) shall be assessed and collected by the appropriate Federal banking agency, in the manner provided in section 8(i)(2) of the Federal Deposit Insurance Act [ 12 U.S.C. 1818(i)(2) ].
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.
(g) Costs of other examinations
(1) Examination of fiduciary activities
In addition to any assessment imposed pursuant to subsection (a), the cost of conducting examinations of fiduciary activities of savings associations which exercise fiduciary powers (including savings associations or similar institutions in the District of Columbia) shall be assessed by the appropriate Federal banking agency against such savings associations (or similar institutions).
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