[Federal Register Volume 80, Number 236 (Wednesday, December 9, 2015)]
[Notices]
[Pages 76583-76585]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-30933]
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NATIONAL CREDIT UNION ADMINISTRATION
Agency Information Collection Activities: Submission to OMB for
Reinstatement With Change, Bank Conversions and Mergers, 12 CFR Part
708a; Comment Request
AGENCY: National Credit Union Administration (NCUA).
ACTION: Request for comments.
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SUMMARY: NCUA intends to submit the following information collection to
the Office of Management and Budget
[[Page 76584]]
(OMB) for review and clearance under the Paperwork Reduction Act of
1995 (Pub. L. 104-13, 44 U.S.C. Chapter 35). The purpose of this notice
is to allow for 30 days of public comment. The information collection
relates to NCUA's regulation on conversions of federally insured credit
unions (FICUs) to mutual savings banks (MSBs) and mergers of FICUs into
banks. The regulation requires an insured credit union that proposes to
convert to an MSB or merge into a bank to provide notice and disclosure
of the proposal to members and NCUA and to conduct a membership vote.
DATES: Comments will be accepted until January 8, 2016.
ADDRESSES: Interested persons are invited to submit written comments to
the NCUA Contact and OMB Reviewer listed below:
NCUA Contact: Tracy Crews, National Credit Union Administration,
1775 Duke Street, Alexandria, Virginia 22314-3428, Fax No. 703-837-
2861, Email: [email protected].
OMB Reviewer: Office of Management and Budget, ATTN: Desk Officer
for the National Credit Union Administration, Office of Information and
Regulatory Affairs, Washington, DC 20503, Email:
[email protected].
FOR FURTHER INFORMATION CONTACT: Requests for additional information
should be directed to:
NCUA Contact: Tracy Crews, National Credit Union Administration,
1775 Duke Street, Alexandria, Virginia 22314-3428, Fax No. 703-837-
2861, Email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Abstract and Request for Comments
NCUA is requesting reinstatement, with change, of the previously
approved collection of information for NCUA's regulation on Bank
Conversions and Mergers, 12 CFR part 708a (Part 708a), which provides
the requirements for conversions of FICUs to MSBs and mergers of FICUs
into banks. Part 708a requires an insured credit union that proposes to
convert to an MSB or to merge into a bank to provide notice and
disclosure of the proposal to members and NCUA and to conduct a
membership vote. These requirements are authorized under section
205(b)(2) of the Federal Credit Union Act, 12 U.S.C. 1785(b)(2). They
are also necessary to ensure safety and soundness in the credit union
industry, and to protect the interests of credit union members in the
charter conversion and merger contexts. Submission of this information
is designed to ensure NCUA has sufficient information to administer the
member vote in an MSB conversion and to approve or disapprove a
proposed merger into a bank. The information collection allows NCUA to
ensure compliance with statutory and regulatory requirements for
conversions and mergers. It also ensures that members of credit unions
have sufficient and accurate information to exercise an informed vote
concerning a proposed conversion or merger.
Subpart A of Part 708a (Subpart A) covers the conversion of insured
credit unions to MSBs. Subpart A requires insured credit unions that
intend to convert to MSBs to provide notice and disclosure of their
intent to convert to their members and NCUA. It also requires insured
credit unions to provide additional information to NCUA at various
points in the conversion process.
Subpart C of Part 708a (Subpart C) covers the merger of insured
credit unions into banks. Subpart C requires insured credit unions that
intend to merge into banks (both mutual and stock banks) to determine
the merger value of the credit union and provide notice and disclosure
of their intent to merge to their members and NCUA. It also requires
insured credit unions to provide additional information to NCUA at
various points in the merger process.
The categories of burden and burden hours for credit unions
complying with Part 708a may include the following:
Conversions to MSBs:
In the last five years, five credit unions have engaged in MSB
conversion transactions. NCUA estimates it takes an average of
approximately 300 hours to comply with the notice and disclosure
requirements of Subpart A. Of the 300 hours, NCUA estimates that
respondents will spend approximately 50 hours on recordkeeping, 42
hours on reporting, and 208 hours on third-party disclosure. Based on
NCUA's experience, NCUA estimates that in the future one insured credit
union will engage in an MSB conversion transaction in any given year,
so that the total annual collection burden is estimated to be
approximately 300 hours. The credit union is required to:
a. Publish advance notice of intent to convert (section
708a.103(a))--3 hours;
b. Solicit and review member comments on the advance notice
(sections 708a.103(a) and (b))--4 hours;
c. Have the directors approve the conversion proposal (section
708a.103(c))--50 hours;
d. Notify NCUA of intent to convert (section 708a.105)--40 hours;
e. Prepare a directors' certification of support for the conversion
proposal and submit to NCUA (section 708a.105(a)(2))--1 hour;
f. Prepare and mail notices to members and conduct a membership
vote on the proposed conversion (sections 708a.104, 708a.106)--200
hours;
g. Transmit, upon request, a member's communication to the other
members (section 708a.104(f))--1 hour; and
h. Prepare a member vote certification and submit to NCUA (section
708a.107)--1 hour.
Mergers into Banks:
In the last five years, no credit unions have engaged in bank
merger transactions. If a credit union were to engage in a bank merger
transaction in the future, NCUA estimates it would take approximately
410 hours to comply with the merger valuation, notice, and disclosure
requirements of Subpart C. Of the 410 hours, NCUA estimates that
respondents will spend approximately 100 hours on recordkeeping, 102
hours on reporting, and 208 hours on third-party disclosure. NCUA
estimates that in the future one insured credit union will engage in a
bank merger transaction in any given year, so that the total annual
collection burden is estimated to be approximately 410 hours. The
credit union is required to:
a. Obtain a merger valuation (section 708a.303(a))--50 hours;
b. Publish advance notice of intent to merge (section
708a.303(b))--3 hours;
c. Solicit and review member comments on the advance notice
(section 708a.303(c))--4 hours;
d. Conduct due diligence and have the directors approve the merger
proposal (sections 708a.303(d), 708a.304(d))--50 hours;
e. Prepare the Merger Plan and Notice of Intent to Merge and
Request for NCUA Authorization and submit to NCUA (sections 708a.304(a)
and (b))--100 hours;
f. Prepare a directors' certification of support for the merger
proposal and submit to NCUA (section 708a.304(c))--1 hour;
g. Prepare and mail notices to members and conduct a membership
vote on the proposed merger (sections 708a.305, 708a.306)--200 hours;
h. Transmit, upon request, a member's communication to the other
members (section 708a.305(g))--1 hour; and
i. Prepare a member vote certification and submit to NCUA (section
708a.307)--1 hour.
In the Federal Register of August 28, 2015 (80 FR 52342), NCUA
published a 60-day notice requesting public comment on the proposed
collection of
[[Page 76585]]
information. NCUA received no comments.
An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number.
NCUA requests that you send your comments on this collection for
part 708a to the location listed in the ADDRESSES section. Your
comments should address: (a) The necessity of the information
collection for the proper performance of NCUA, including whether the
information will have practical utility; (b) the accuracy of our
estimate of the burden of the information collection, including the
validity of the methodology and assumptions used; (c) ways we could
enhance the quality, utility, and clarity of the information to be
collected; and (d) ways we could minimize the burden of the information
collection on respondents, such as through the use of automated
collection techniques or other forms of information technology. It is
NCUA's policy to make all comments available to the public for review.
II. Data
Title: Bank Conversions and Mergers, 12 CFR part 708a.
OMB Number: 3133-0182.
Form Number: None.
Type of Review: Reinstatement, with change.
Description: Part 708a requires an insured credit union that
proposes to convert to an MSB or to merge into a bank to provide notice
and disclosure of the proposal to members and NCUA and to conduct a
membership vote. Submission of this information is designed to ensure
NCUA has sufficient information to administer the member vote in an MSB
conversion and to approve or disapprove a proposed merger into a bank.
The information collection allows NCUA to ensure compliance with
statutory and regulatory requirements for conversions and mergers. It
also ensures that members of credit unions have sufficient and accurate
information to exercise an informed vote concerning a proposed
conversion or merger.
Respondents: Federally insured credit unions.
Estimated Number of Respondents: 2.
Estimated Number of Responses: 2.
Frequency of Response: One-time; on occasion.
Estimated Time per Response: Ranges from 300 to 410 hours.
Estimated Total Annual Hour Burden: 710 hours.
Estimated Total Annual Cost: $28,400.00.
By the National Credit Union Administration Board on November
18, 2015.
Gerard Poliquin,
Secretary of the Board.
[FR Doc. 2015-30933 Filed 12-8-15; 8:45 am]
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