Issued by FDIC
Sec. 225.88 How to request the Board to determine that an activity is financial in nature or incidental to a financial activity?
(a) Requests regarding activities that may be financial in nature or incidental to a financial activity.
A financial holding company or other interested party may request a determination from the Board that an activity not listed in § 225.86 is financial in nature or incidental to a financial activity.
(b) Required information. A request submitted under this section must be in writing and must:
(1) Identify and define the activity for which the determination is sought, specifically describing what the activity would involve and how the activity would be conducted;
(2) Explain in detail why the activity should be considered financial in nature or incidental to a financial activity; and
(3) Provide information supporting the requested determination and any other information required by the Board concerning the proposed activity.
(c) Board procedures for reviewing requests—
(1) Consultation with the Secretary of the Treasury. Upon receipt of the request, the Board will provide the Secretary of the Treasury a copy of the request and consult with the Secretary in accordance with section 4(k)(2)(A) of the BHC Act (12 U.S.C. 1843(k)(2)(A)).
(2) Public notice. The Board may, as appropriate and after consultation with the Secretary, publish a description of the proposal in the Federal Register with a request for public comment.
(d) Board action. The Board will endeavor to make a decision on any request filed under paragraph (a) of this section within 60 calendar days following the completion of both the consultative process described in paragraph (c)(1) of this section and the public comment period, if any.
(e) Advisory opinions regarding scope of financial activities—
(1) Written request. A financial holding company or other interested party may request an advisory opinion from the Board about whether a specific proposed activity falls within the scope of an activity listed in § 225.86 as financial in nature or incidental to a financial activity. The request must be submitted in writing and must contain:
(i) A detailed description of the particular activity in which the company proposes to engage or the product or service the company proposes to provide;
(ii) An explanation supporting an interpretation regarding the scope of the permissible financial activity; and
(iii) Any additional information requested by the Board regarding the activity.
(2) Board response. The Board will provide an advisory opinion within 45 calendar days of receiving a complete written request under paragraph (e)(1) of this section.