Title 12
SECTION 390.128
390.128 If the FDIC requests additional information to complete my application, how will it process my application
§ 390.128 If the FDIC requests additional information to complete my application, how will it process my application?(a) You may use the following chart to determine the procedure that applies to your submission of additional information under § 390.127(a)(1):
| If, within 30 calendar days after the date of FDIC's request for additional information . . . | Then, FDIC may . . . | And . . . |
|---|---|---|
| (1) You file a response to all information requests * * * | (i) Notify you in writing within 15 days after the filing date of your response that your application is complete * * * applicable to all response that your application is complete * * * | The applicable review period will begin on the date that the FDIC deems your application complete. |
| (ii) Notify you in writing within 15 calendar days after the filing date of your response that you must submit additional information regarding matters derived from or prompted by information already furnished or any additional information necessary to resolve the issues presented in your application * * * | You must respond to the additional information request within the time period required by the FDIC. The FDIC will review your response under the procedures described in this section. | |
| (iii) Notify you in writing within 15 calendar days after the filing date of your response that your application is materially deficient * * * | The FDIC will not process your application. | |
| (iv) Take no action within 15 calendar days after the filing date of your response * * * | Your application is deemed complete. The applicable review period will begin on the day that the 15-day time period expires. | |
| (2) You request an extension of time to file additional information * * * | (i) Grant an extension, in writing, specifying the number of days for the extension * * * | You must fully respond within the extended time period specified by the FDIC. The FDIC will review your response under the procedures described under this section. |
| (ii) Notify you in writing that your extension request is disapproved * * * | The FDIC will not process your application further. You may resubmit the application for processing as a new filing under the applicable regulation. | |
| (3) You fail to respond completely * * * | (i) Notify you in writing that your application is deemed withdrawn * * * | The FDIC will not process your application further. You may resubmit the application for processing as a new filing under the applicable regulation. |
| (ii) Notify you, in writing, that your response is incomplete and extend the response period, specifying the number of days for the respond extension * * * | You must fully respond within the extended time period specified by the FDIC. The FDIC will review your response under the procedures described under this section. |
(b) The FDIC may extend the 15-day period referenced in paragraph (a)(1) of this section by up to 15 calendar days, if the FDIC requires the additional time to review your response. The FDIC will notify you that it has extended the period before the end of the initial 15-day period and will briefly explain why the extension is necessary.
(c) If your response filed under paragraph (a)(1) of this section includes a request for a waiver of an informational requirement, your request for a waiver is granted if the FDIC fails to act on it within 15 calendar days after the filing of your response, unless the FDIC extends the review period under paragraph (b) of this section. If the FDIC extends the review period under paragraph (b), your request is granted if the FDIC fails to act on it by the end of the extended review period.