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OCC Bulletin 2022-25 | December 1, 2022

Office of the Comptroller of the Currency Fees and Assessments: Calendar Year 2023 Fees and Assessments Structure

To

Chief Executive Officers of All National Banks, Federal Savings Associations, and Federal Branches and Agencies; Department and Division Heads; All Examining Personnel; and Other Interested Parties

Summary

This bulletin informs all national banks, federal savings associations, and federal branches and agencies of foreign banks of fees and assessments charged by the Office of the Comptroller of the Currency (OCC) for calendar year 2023. The bulletin becomes effective January 1, 2023.

Note for Community Banks

This notice applies to all national banks, federal savings associations, and federal branches and agencies of foreign banks.1

Highlights

  • For calendar year 2023, the OCC is reducing the rates in the general assessment fee schedule and maintaining assessment rates from 2022 for the independent trust and independent credit card fee schedules. This change to the general assessment fee schedule includes reductions by 40 percent for all banks on their first $200 million in total balance-sheet assets and a 20 percent reduction for all banks on balance-sheet assets above $200 million and up to $20 billion. There will be no inflation adjustment to assessment rates.
  • The OCC assesses banks that enter the federal banking system in the time between assessment cycles. Under current policy, the OCC will assess these new entrants on a prorated basis using call report information as of December 31 or June 30 depending on the date that the bank enters the federal banking system. Banks that enter the federal banking system in the time between assessment cycles and that have not previously filed call reports will be assessed a prorated fraction of the lowest tier of the general assessment fee schedule, plus any additional assessments due under other assessment categories in 12 CFR 8. The OCC adopted this policy to ensure that supervisory efforts and resources are allocated and aligned once a bank is subject to the OCC’s jurisdiction. This proration policy is in line with the OCC’s refund policy for banks that leave the federal banking system.
  • The OCC is increasing the hourly fee for special examinations and investigations to $161 from $155. The increase is to ensure adequacy in recovering the cost of conducting special examinations and investigations.

SEMIANNUAL ASSESSMENT

Reference: 12 CFR 8, “Assessment of Fees”

In setting assessments, the OCC may take into account the nature and scope of the activities of a national bank, federal savings association, and federal branches and agencies of foreign banks; the amount and type of assets that the entity holds; the financial and managerial condition of the entity; and any other factor the Comptroller of the Currency determines is appropriate, as provided by 12 USC 16.

2023 Assessment Schedule

As of January 1, 2023,

  • assessments are due March 31 and September 30, based on call report information as of December 31 and June 30, respectively. The assessments cover the six-month periods beginning January 1 and July 1, respectively. For example, the assessment due March 31 covers the period January 1 through June 30.
  • the OCC sends the assessment invoice, which includes the calculated assessment fee due, and drafts the fee amount on March 31 and September 30. The OCC provides at least seven business days’ notice of the amount to be drafted from a bank’s designated account. The bank is responsible for ensuring that the account is funded properly on the due dates.
  • the OCC charges interest on all payments received after the due date. The interest rate charged is the U.S. Department of the Treasury’s current value of funds rate published quarterly in the Federal Register.
  • the OCC assesses banks that enter the federal banking system in the time between assessment cycles. Under current policy, the OCC will assess these new entrants on a prorated basis using call report information as of December 31 or June 30 depending on the date the bank enters the federal banking system. Banks that enter the federal banking system in the time between assessment cycles and that have not previously filed call reports will be assessed a prorated fraction of the lowest tier of the general assessment fee schedule, plus any additional assessments due under other assessment categories in 12 CFR 8. The OCC adopted this policy to ensure that supervisory efforts and resources are allocated and aligned once a bank is subject to the jurisdiction of the OCC. This proration policy is in line with the OCC’s refund policy for banks leaving the federal banking system during the first half of the assessment cycle.
  • banks that are no longer subject to OCC supervision on or before December 31, 2022, or June 30, 2023, are not subject to the semiannual assessment for the period beginning January 1 or July 1, respectively.
  • banks that leave the federal banking system after December 31, 2022, or June 30, 2023, and before March 31, 2023, or September 30, 2023, respectively, will receive a refund of the second half of their semiannual assessment. Banks that leave the federal banking system after March 31, 2023, or September 30, 2023, respectively, will be subject to the full semiannual assessment for the assessment period.

The OCC’s assessment schedule continues to include a surcharge for banks that require increased supervisory resources. The surcharge ensures that fees reflect the increased cost of supervision applying to banks rated 3, 4, or 5 under the Uniform Financial Institutions Rating System. The surcharge also ensures that fees reflect the increased cost of supervision for these banks. The surcharge will be determined in tandem with the asset-based assessment on December 31, 2022, and June 30, 2023. Increases or decreases in ratings after December 31, 2022, and June 30, 2023, will be reflected in the subsequent assessment period. The surcharge is to be applied to all components of a bank’s assessment, including book assets, assets under management (for independent trust national banks/federal savings associations), and receivables attributable (for independent credit card national banks/federal savings associations). Banks subject to the surcharge calculate the surcharge by multiplying the sum of the general assessment (based on the bank’s book assets up to $40 billion) and the independent trust national bank/federal savings association assessment or the independent credit card national bank/federal savings association assessment by 50 percent for 3-rated banks and 100 percent for 4- and 5-rated banks.

The OCC continues to reduce the assessment of non-lead banks by 12 percent. A non-lead bank, for this purpose, is a bank that is not the largest national bank, federal savings association, or federal branch or agency of a foreign bank, based on total assets, controlled by a company owning two or more national banks, federal savings associations, or federal branches or agencies of foreign banks. Non-lead banks within any company should multiply their calculated general assessment by 88 percent to recognize the non-lead discount. The 12 percent discount does not apply to the independent trust national bank/federal savings association assessment or the independent credit card national bank/federal savings association assessment, given that independent trust national banks/federal savings associations and independent credit card national banks/federal savings associations, by definition, are not affiliated with full-service banks.

Each bank pays the general assessment fee. Independent trust national banks/federal savings associations pay the general assessment fee and the independent trust national bank/federal savings association assessment fee. Independent credit card national banks/federal savings associations pay the general assessment fee and the independent credit card national bank/federal savings association assessment fee. Assessments are calculated using the schedules in this bulletin and then adjusted for the non-lead discount or condition surcharge.

General Assessment Fee Schedule

Independent Trust National Bank/Federal Savings Association Assessment Fee Schedule

Independent Credit Card National Bank/Federal Savings Association Assessment Fee Schedule

HOURLY RATE FOR EXAMINATIONS AND INVESTIGATIONS

Reference: 12 CFR 8.6, “Fees for Special Examinations and Investigations”

Effective date: Examinations and investigations are subject to the fee effective January 1, 2023.

Rate: $161 per hour to recover the cost of conducting special examinations and investigations described in 12 CFR 8.6. Examinations of the fiduciary activities of banks and related entities under 12 CFR 8.6(a)(1) generally are not subject to hourly rates.

MISCELLANEOUS FEES

Prepayment is required for certifications.

All requests for certified documents should be submitted electronically through the OCC’s Freedom of Information Act Portal. Prepayment is required. All certificates are transmitted electronically. No copies, expedited service, or special handling of certificates is provided. Requests are processed on a first-come, first-served basis. Please visit the OCC’s Certifications Page for additional information.

Further Information

Please contact BankAssessments@occ.treas.gov or (202) 649-7946.

 

Minh-Hai Tran-Lam
Senior Deputy Comptroller for the Office of Management and Chief Management Officer

Related Links

1 This bulletin refers to all entities under OCC supervision collectively as “banks” unless it is necessary to distinguish among them.