Section 0180-07-.03 - APPLICATION/NOTIFICATION PROCEDURE FOR BRANCHES OF BANKS CHARTERED BY THE DEPARTMENT(1) The bank applicant shall file with the Commissioner an application/notification to establish a branch office, branch bank or branch facility as defined by the Commissioner, using the form provided by the Department.(2) The applicant shall give public notice of the application/notification as provided by Chapter 0180-5 of these rules and shall give notice to other banks as the Commissioner may require. Anyone desiring to comment on or to protest the application/notification may do so in accordance with the procedure set forth in Rule 0180-7-.02(8). If the proposed branch will operate under a different name from the bank, the operational name must also be included in the public notice.(3) The Commissioner shall conduct such investigation and examination with respect to the application/notification as he or she may require and shall send written notice of the decision on the application/notification to the applicant.(4) If the branch is to be located outside the State of Tennessee, the Department will submit a copy of the application/notification to the appropriate state regulatory agencies for comments.(5) The applicant shall submit a check payable to the Treasurer, State of Tennessee for the branch fee in accordance with Rule 0180-7-.08.(6) Banks with a regulatory rating of one (1) or two (2) may file written notification of a branch in lieu of an application. A copy of the clipping evidencing public notice must be furnished to the Department. The branch will be deemed approved at the expiration of the public notice comment period as provided by Rule 0180-5-.02, unless the commissioner objects or requests additional information. If the commissioner requests additional information prior to the expiration of the public comment period, the commissioner shall then have fifteen (15) calendar days from the receipt of the additional information in which to act upon the notification.(7) For an application to establish a branch from any other bank, the application shall be deemed to have been approved by the commissioner unless disapproved within ninety (90) calendar days after the submission of the application. The Commissioner may extend the ninety (90) day period if additional information is requested.(8) A state-chartered bank may also establish a mobile branch to be operated within specifically approved locations. A mobile branch means a branch of the bank that does not have a single, permanent site, and includes a vehicle that travels to various locations within an approved area to enable customers to conduct their banking business. If a mobile branch seeks approval to operate outside Tennessee, any such requests will be subject to the laws of the foreign state.Tenn. Comp. R. & Regs. 0180-07-.03
Original rule filed November 25, 1975; effective December 27, 1975. Amendment filed January 30, 1998; effective May 29, 1998. Amendment filed November 30, 2001; effective March 30, 2002.Authority: T.C.A. §§ 45-1-107, 45-2-614, 45-2-601, and 45-14-105.