69U-120.0451. Financial Reports

(1) Definitions. As used in this rule, the following definitions shall apply:

(a) “Annually” means as of December 31 of each calendar year.

(b) “Appropriate federal regulatory agency” means the Federal Deposit Insurance Corporation in the case of a state association or a state, non-member bank, and the Federal Reserve Bank in the case of a state, member bank.

(c) “Call Report” means, in the case of a state bank or state association, the quarterly bank Consolidated Reports of Condition and Income filed with the Federal Financial Institutions Examination Council (FFIEC) as required by 12 U.S.C. §§324 and 1817. If in reference to a state trust company, “Call Report” means Form OFR-U-130A, “Consolidated Financial Reports for Non-Deposit Trust Companies,” (rev. 12/2016), and incorporated by reference in subsection (3) of this rule.

(d) “Quarterly” means as of March 31, June 30, September 30, and December 31 of each calendar year.

(2) Each state bank and state association shall timely file an accurate and complete Call Report electronically with the FFIEC on a quarterly basis.

(3) Each state trust company shall timely file its Call Report with OFR on a quarterly basis using Form OFR-U-130-A, “Consolidated Financial Reports for Non-Deposit Trust Companies,” (rev. 12/2016), which is hereby incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-07717. If mailed, the report is timely filed if it is received by OFR on or before the last day of the month following the close of the appropriate calendar quarter. The timeliness of the filing is determined by the date OFR receives the report rather than the date of the mailing postmark. A report filed electronically is timely filed upon OFR’s electronic receipt of the report on or before the last day of the month following the close of the appropriate calendar quarter. In any case in which the last day of a month following the close of the appropriate calendar quarter falls on a weekend or holiday, the report is timely filed if it is received (whether by mail or electronic means) by OFR on or before the next business day.

(4) OFR shall levy a late payment penalty of $100.00 per day for each day that a required financial report is past due, unless the late payment penalty is excused for good cause such as incidental and isolated clerical errors or omissions. For intentional late filing of a financial report, OFR shall levy a late payment penalty of $1,000.00 per day for each day that a financial report is past due. All late payment penalties shall be received by OFR within 30 days after receipt of a notice from OFR.

Rulemaking Authority 655.012(2), 655.045(2) FS. Law Implemented 655.045(2) FS. History–New 1-31-96, Amended 4-8-98, Formerly 3C-120.0451, Amended 1-9-17.