1798.6
. (a) Any person seeking to amend any bank shall submit to
the department a complete bank amendment package containing each of
the original bank agreement package documents, including any prior
amendments, as well as any documents proposed to be amended or that
would be affected by the proposed amendment. The department may adopt
and amend guidelines and criteria for the bank amendment package
pursuant to subdivision (b) of Section 1799.1.
(b) (1) Within 30 calendar days following its receipt of a draft
bank amendment package and any fee required by subdivision (c), the
department shall determine whether or not the package is complete and
give written notice of that determination to the person who
submitted the package.
(2) If the department determines that the bank amendment package
is complete, then within 90 calendar days of that determination, the
department shall determine whether or not the package is acceptable
and notify the person who submitted the package of that
determination. If the bank amendment package is determined not to be
acceptable, the determination shall state the reasons. The department
may request clarifying information during the bank amendment review
process. The department may extend the 90-day period for reviewing
the bank amendment package by an additional 60 days if the department
determines that 90 days is insufficient time to complete its review
of a bank amendment package for reasons that may include, but are not
limited to, the size, location, or complexity of the bank or bank
amendment documents, that the package includes a development plan, or
that there are substantial variations from recommended standard
forms.
(c) (1) The department shall collect a fee of either seven
thousand five hundred dollars ($7,500) or twenty-five thousand
dollars ($25,000) per bank amendment package to fund the reasonable
cost of the department's review services. The fee of seven thousand
five hundred dollars ($7,500) is intended to cover the reasonable
cost of the department's services in reviewing simple amendments,
such as a change in bank name, ownership change, address change, or
proposed decrease in the number of credits proposed. The fee of
twenty-five thousand dollars ($25,000) is intended to cover the
reasonable cost of the department's services in reviewing all other
amendments, including, but not limited to, requests for increase
change in service area, or increase in the number of credits. A
regional manager or department equivalent, or a higher level
department representative employee, shall determine which of the two
fees is appropriate and shall provide notification of that
determination to the person who submitted the request for bank
amendment package pursuant to paragraph (3).
(2) An initial fee of seven thousand five hundred dollars ($7,500)
shall be submitted to the department with the bank amendment
package.
(3) Within 30 calendar days following the department's receipt of
a bank amendment package and the initial fee, pursuant to paragraph
(2), the department shall determine whether or not the package is
complete and give written notice of the determination to the person
who submitted it and, if applicable, notice pursuant to paragraph (1)
that the person shall remit an additional fee of seventeen thousand
five hundred dollars ($17,500). If noticed by the department, the
additional fee of seventeen thousand five hundred dollars ($17,500)
shall be submitted to the department within 30 days of the notice. If
the additional fee is not received by this date, the review
timelines in this section shall be suspended until the fee is
received by the department.
(4) If the department determines that the bank amendment package
is not complete, the package may be made complete and resubmitted. If
the department determines that the bank amendment package is
complete, then within 90 calendar days of that determination and the
receipt of the additional fee pursuant to paragraph (3), if
applicable, the department shall determine whether or not the bank
amendment package is acceptable and notify the person who submitted
the package of the determination.
(d) (1) If the department determines that the bank amendment
package is not acceptable the determination shall state the reasons.
(2) The department may request clarifying information during the
bank amendment review process.
(e) If the department needs supplemental information during its
review of the bank amendment package in order to fully evaluate the
proposed amendment, the regional manager or department equivalent, or
a higher level department employee, shall provide the person seeking
to amend the bank, in writing, a written request for the needed
information. Upon the department's receipt of the requested
information, a new 90-day period shall begin during which the
department will determine acceptability pursuant to paragraph (4) of
subdivision (c). If the department does not receive the requested
information within 60 calendar days of the department's request, the
bank amendment package shall be deemed unacceptable.
(f) If the person seeking to amend the bank proposes changes to
the bank amendment package that have not been solicited by the
department during its the department's 90-day review period,
including, but not limited to, parties, number or type of credits,
bank size, number or type of species, credit release schedule,
service area, design change, or other changes as identified by the
department to require additional review time, the department, acting
through the regional manager or department equivalent, or a higher
level department employee, shall assess a one-time fee of ten
thousand dollars ($10,000) to cover the reasonable cost of the
department's services in reviewing the changes. A new 90-day review
period shall begin upon receipt of the proposed changes and the fee,
during which the department shall determine acceptability pursuant to
paragraph (4) of subdivision (c).
(g) If the department determines that 90 days is insufficient time
to complete its review of the bank amendment package for reasons,
including, but not limited to, the size, location, or complexity of
the bank or bank amendment package, that the package includes a
development or construction plan, or substantial variations from
recommended standard forms, the department may extend the 90-day
period for reviewing the bank amendment package by an additional 60
calendar days.
(h) If the department determines that a bank amendment package is
not acceptable, then the package may be resubmitted in accordance
with subdivision (a) if further consideration is desired. Any
resubmittal shall be accompanied by payment of all applicable bank
amendment package review fees.