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Proposed Regulations

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Amendments to General Regulations of the Banking Board

August 25, 2011

Amendments to General Regulations of the Banking Board

Part 23

CALL REPORTS
(Statutory authority: Banking Law §§14(1)(l), 37)

Sec.
23.1    Call Reports
23.2    Filing; Deemed Filing
23.3    Certification
23.4    Corrected Filings

23.1   Call Reports

  1. Section 14(1)(l) of the Banking Law empowers the Banking Board to prescribe the form and contents of periodical reports of condition (“Call Reports”) to be rendered to the S[s]uperintendent by banks, trust companies and private bankers.  [A periodical report of condition shall be deemed rendered to the superintendent if the superintendent shall have such access as he or she deems appropriate at either the principal office of the bank or trust company, or through the facilities of the Federal Deposit Insurance Corporation or Federal Reserve Board, as the case may be, to such reports of condition as have been rendered to the Federal Deposit Insurance Corporation or Federal Reserve Board, as the case may be, in compliance with their rules and regulations.  With respect to reports of banks and trust companies not otherwise reporting to the Federal Reserve or FDIC, such reports shall be rendered to the superintendent on the forms prescribed by the Banking Board.]
  2. Such reports shall be in the form and shall include the content required by the Consolidated Reports of Condition and Income promulgated by the Federal Financial Institutions Examination Council (“FFIEC”), whether or not such reporting entity is otherwise required to file a Call Report with a federal banking regulator.  Forms and instructions for such reports may be found on the website of the FFIEC (www.ffiec.gov/).

23.2   Filing; Deemed Filing

[A reporting entity that is not required to file a periodical report of condition with a federal banking regulator shall file such report, either electronically or in hard copy, with the Superintendent.]

  1. A reporting entity shall render a periodical report of condition, either electronically or in hard copy, to the Superintendent.
  2. A Call Report shall be deemed rendered to the Superintendent if the Superintendent shall have such access as he or she deems appropriate through the facilities of the Federal Deposit Insurance Corporation or Federal Reserve Board, as the case may be (the “appropriate federal regulatory authority”), to such Call Reports as have been rendered to such appropriate federal regulatory authority, in compliance with rules and regulations of such appropriate federal regulatory authority.

23.3   Certification

By virtue of filing its Call Report with the appropriate federal regulatory authority, the reporting entity, through its Chief Financial Officer (or equivalent officer), and its attesting directors or trustees, shall be deemed to have made the appropriate certification set forth below.

  1. CFO (or equivalent):

    I attest that the Reports of Condition and Income (including the supporting schedules) for this report date have been prepared in conformance with the instructions issued by the appropriate federal regulatory authority and are true and correct to the best of my knowledge and belief.

  2. Each director or trustee:

    I attest to the correctness of the Reports of Condition and Income (including the supporting schedules) for this report date and declare that the Reports of Condition and Income have been examined by me and to the best of my knowledge and belief have been prepared in conformance with the instructions issued by the appropriate federal regulatory authority and are true and correct.

23.4   Corrected Filings

If the reporting entity files a corrected Call Report with the appropriate federal regulatory authority, it will immediately notify the Superintendent in writing of such corrected filing.