PART 8—ASSESSMENT OF FEES Authority: 12 U.S.C. 16, 93a, 481, 482, 1467, 1831c, 1867, 3102, 3108, and 5412(b)(2)(B); and 15 U.S.C. 78c and 78 l. Source: 44 FR 20065, Apr. 4, 1979, unless otherwise noted. § 8.1 Scope and application. The assessments contained in this part are made pursuant to the authority contained in 12 U.S.C. 16, 93a, 481, 482, 1467, 1831c, 1867, 3102, and 3108; and 15 U.S.C. 78c and 78 l. [76 FR 43566, July 21, 2011] § 8.2 Semiannual assessment. (a) Each national bank and each Federal savings association shall pay to the OCC a semiannual assessment fee, due by March 31 and September 30 of each year, for the six-month period beginning on January 1 and July 1 before each payment date. The OCC will calculate the amount due under this section and provide a notice of assessments to each national bank and each Federal savings association no later than 7 business days prior to collection on March 31 and September 30 of each year. In setting assessments, the OCC may take into account the nature and scope of the activities of a national bank or Federal savings association, the amount and type of assets that the entity holds, the financial and managerial condition of the entity, and any other factor the OCC determines is appropriate, as provided by 12 U.S.C. 16. The semiannual assessment will be calculated as follows: Table 1 to Paragraph (a) If the national bank's or Federal savings association's total assets (consolidated domestic and foreign subsidiaries) are: The semiannual assessment is: Over— But not over— This amount—base amount Plus marginal rates Of excess over— Column A Column B Column C Column D Column E Million Million Million (dollars) (dollars) (dollars) (dollars) 0 2 X1 0 2 20 X2 Y1 2 20 100 X3 Y2 20 100 200 X4 Y3 100 200 1,000 X5 Y4 200 1,000 2,000 X6 Y5 1,000 2,000 6,000 X7 Y6 2,000 6,000 20,000 X8 Y7 6,000 20,000 40,000 X9 Y8 20,000 40,000 250,000 X10 Y9 40,000 250,000 X11 Y10 250,000 (1) Every national bank and every Federal savings association falls into one of the asset-size brackets denoted by Columns A and B. A national bank's or Federal savings association's semiannual assessment is composed of two parts. The first part is the calculation of a base amount of the assessment, which is computed on the assets of the national bank or Federal savings association up to the lower endpoint (Column A) of the bracket in which it falls. This base amount of the assessment is calculated by the OCC in Column C. (2) The second part is the calculation of assessments due on the remaining assets of the national bank or Federal savings association in excess of Column E. The excess is assessed at the marginal rate shown in Column D. (3) The total semiannual assessment is the amount in Column C, plus the amount of the national bank's or Federal savings association's assets in excess of Column E times the marginal rate in Column D: Assessments = C + [(Assets − E) × D]. (4) Each year, the OCC may index the marginal rates in Column D to adjust for the percent change in the level of prices, as measured by changes in the Gross Domestic Product Implicit Price Deflator (GDPIPD) for each June-to-June period. The OCC may at its discretion adjust marginal rates by amounts other than the percentage change in the GDPIPD. The OCC will also adjust the amounts in Column C to reflect any change made to the marginal rate. (5)(i) The specific marginal rates and complete assessment schedule will be published in the “Notice of Office of the Comptroller of the Currency Fees and Assessments,” provided for at § 8.8. Each semiannual assessment is based upon the total assets shown in the national bank's or Federal savings association's most recent “Consolidated Reports of Condition and Income” (Call Report) preceding the payment date. Each national bank or Federal savings association subject to the jurisdiction of the OCC on the date of the second or fourth quarterly Call Report as appropriate, required by the OCC under 12 U.S.C. 161 and 12 U.S.C. 1464(v), is subject to the full assessment for the next six-month period. National banks and Federal savings associations that are no longer subject to the jurisdiction of the OCC as of the date of the first or third quarterly Call Report, as appropriate, will receive a refund of assessments for the second three months of the semiannual assessment period. (ii) [Reserved] (6)(i) Notwithstanding any other provision of this part, the OCC may reduce the semiannual assessment for each non-lead national bank or non-lead Federal savings association by a percentage that it will specify in the “Notice of Office of the Comptroller of the Currency Fees and Assessments” described in § 8.8. (ii) For purposes of this paragraph (a)(6): (A) Lead national bank lead Federal savings association (B) Non-lead national bank non-lead Federal savings association (C) Control company (D) Control company (b)(1) Each Federal branch and each Federal agency shall pay to the OCC a semiannual assessment fee, due by March 31 and September 30 of each year, for the six-month period beginning on January 1 and July 1 before each payment date. The OCC will calculate the amount due under this section and provide a notice of assessments to each Federal branch and agency no later than 7 business days prior to March 31 and September 30 of each year. (2) The amount of the semiannual assessment paid by each Federal branch and Federal agency shall be computed at the same rate as provided in the Table in 12 CFR 8.2(a); however, only the total domestic assets of the Federal branch or agency shall be subject to assessment. (3)(i) Each semiannual assessment of each Federal branch and each agency is based upon the total assets shown in the Federal branch's or agency's Call Report most recently preceding the payment date. Each Federal branch or agency subject to the jurisdiction of the OCC on the date of the second and fourth Call Reports is subject to the full assessment for the next six-month period. Federal branches and agencies that are no longer subject to the jurisdiction of the OCC as of the date of the first or third quarterly Call Report, as appropriate, will receive a refund of assessments for the second three months of the semiannual assessment period. (ii) [Reserved] (4)(i) Notwithstanding any other provision of this part, the OCC may reduce the semiannual assessment for each non-lead Federal branch and agency by an amount that it will specify in the “Notice of Office of the Comptroller of the Currency Fees and Assessments” described in § 8.8. (ii) For purposes of this paragraph (b)(4): (A) Lead Federal branch or agency (B) Non-lead Federal branch or agency (c) Additional assessment for independent credit card national banks and independent credit card Federal savings associations General rule. (2) Independent credit card national banks and independent credit card Federal savings associations affiliated with full-service national banks or Federal savings associations. (3) Definitions. (i) Affiliate, (ii) Affiliate, (iii) Engaged primarily in card operations (iv) Full-service national bank (v) Full-service Federal savings association (vi) Independent credit card national bank (vii) Independent credit card Federal savings association (viii) Receivables attributable (4) Reports of receivables attributable. (d) Surcharge based on the condition of the national bank, Federal savings association, or Federal branch or agency. (1) 1.5, in the case of any national bank or Federal savings association that receives a composite rating of 3 under the Uniform Financial Institutions Rating System (UFIRS) and any Federal branch or agency that receives a composite rating of 3 under the ROCA rating system (which rates risk management, operational controls, compliance, and asset quality) at its most recent examination prior to December 31 or June 30, as appropriate; and (2) 2.0, in the case of any national bank or Federal savings association that receives a composite UFIRS rating of 4 or 5 and any Federal branch or agency that receives a composite rating of 4 or 5 under the ROCA rating system at its most recent examination prior to December 31 or June 30, as appropriate. [76 FR 43566, July 21, 2011, as amended at 79 FR 38772, July 9, 2014; 84 FR 43478, Aug. 21, 2019; 85 FR 37734, June 24, 2020] § 8.6 Fees for special examinations and investigations. (a) Fees. (1) Examining the fiduciary activities of national banks, Federal branches of foreign banks, and Federal savings associations and related entities; (2) Conducting special examinations and investigations of national banks, Federal branches or agencies of foreign banks, and Federal savings associations; (3) Conducting special examinations and investigations of an entity with respect to its performance of activities described in section 7(c) of the Bank Service Company Act (12 U.S.C. 1867(c)) if the OCC determines that assessment of the fee is warranted with regard to a particular national bank, Federal branch or agency of a foreign bank, or Federal savings association because of the high risk or unusual nature of the activities performed; the significance to the national bank's, Federal branch's or agency's, or Federal saving association's operations and income of the activities performed; or the extent to which the national bank, Federal branch or agency, or Federal savings association has sufficient systems, controls, and personnel to adequately monitor, measure, and control risks arising from such activities; (4) Conducting special examinations and investigations of affiliates of national banks, Federal savings associations, and Federal branches or agencies of foreign banks; (5) Conducting examinations and investigations made pursuant to 12 CFR part 5, Rules, Policies, and Procedures for Corporate Activities; and (6) Conducting examinations of depository-institution permissible activities of nondepository institution subsidiaries of depository institution holding companies pursuant to section 605(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 1831c). (b) Notice of Office of the Comptroller of the Currency Fees and Assessments. (c) Additional assessments on trust national banks and trust Federal savings associations Independent trust national banks and independent trust Federal savings associations. (i) Minimum fee. (ii) Additional amount for independent trust national banks and independent trust Federal savings associations with fiduciary and related assets in excess of $1 billion. (iii) Surcharge based on the condition of the independent trust national bank or of the independent trust Federal savings association. (2) Trust national banks affiliated with full-service national banks and trust Federal savings associations affiliated with full-service Federal savings associations. (3) Definitions. (i) Affiliate, (ii) Affiliate, (iii) Full-service national bank (iv) Full-service Federal savings association (v) Independent trust national bank (vi) Independent trust Federal savings association (vii) Fiduciary and related assets [76 FR 43568, July 21, 2011, as amended at 76 FR 43568, July 7, 2011; 82 FR 8104, Jan. 23, 2017; 84 FR 43479, Aug. 21, 2019] § 8.7 Payment of interest on delinquent assessments and examination and investigation fees. (a) Each national bank, Federal savings association, Federal branch, and Federal agency shall pay to the OCC interest on its delinquent payments of semiannual assessments. In addition, each institution subject to a special examination or investigation fee shall pay to the OCC interest on its delinquent payments of special examination and investigation fees. Semiannual assessment payments will be considered delinquent if they are received after the time for payment specified in § 8.2. Special examination and investigation fees will be considered delinquent if not received by the OCC within 30 calendar days of the invoice date. (b) In the event that an institution believes that the notice of assessments or special examination and investigation fees contains an error or miscalculation, the institution may provide the OCC with a written request for a revised notice and a refund of any overpayments. Any such request for a revised notice and refund must be made after timely payment of the semiannual assessment under the dates specified in § 8.2 or timely payment of the special examination and investigation fee within 30 calendar days of the invoice date. (1) Within 30 calendar days of receipt of such request, the OCC shall either— (i) Refund the amount of the overpayment; or (ii) Provide notice of its unwillingness to accept the request for a revised notice of assessments. In the latter instance, the OCC and the entity claiming the overpayment shall thereafter attempt to reach agreement on the amount, if any, to be refunded; the OCC shall refund this amount within 30 calendar days of such agreement. (2) The OCC shall be considered delinquent if it fails to return an overpayment in accordance with the time limitations specified in this paragraph (b). The OCC shall pay interest on any such delinquent payments. (c) Interest on delinquent payments, as described in paragraphs (a) and (b) of this section, will be assessed beginning the first calendar day on which payment is considered delinquent, and on each calendar day thereafter up to and including the day payment is received. Interest will be simple interest, calculated for each day payment is delinquent by multiplying the daily equivalent of the applicable interest rate by the amount delinquent. The rate of interest will be the United States Treasury Department's current value of funds rate (the “TFRM rate”); that rate is issued under the Treasury Fiscal Requirements Manual and is published quarterly in the Federal Register. (1) For delinquent days occurring from January 1 to March 31, the rate will be the TFRM rate that is published the preceding December for the first quarter of the ensuing year. (2) For delinquent days occurring from April 1 to June 30, the rate will be the TFRM rate that is published the preceding March for the second quarter of that year. (3) For delinquent days occurring from July 1 to September 30, the rate will be the TFRM rate that is published the preceding June for the third quarter of that year. (4) For delinquent days occurring from October 1 to December 31, the rate will be the TFRM rate that is published the preceding September for the fourth quarter of that year. [48 FR 30599, July 1, 1983. Redesignated and amended at 49 FR 50605, Dec. 31, 1984; 70 FR 69643, Nov. 17, 2005; 76 FR 43568, July 21, 2011; 84 FR 43479, Aug. 21, 2019] § 8.8 Notice of Office of the Comptroller of the Currency fees and assessments. (a) December notice of fees. (b) Interim and amended notice of fees. [79 FR 38772, July 9, 2014, as amended at 84 FR 43479, Aug. 21, 2019]