The rule is being amended to reflect the manuals that the Division of Banking uses to examine state-chartered financial institutions.

DEPARTMENT OF FINANCIAL SERVICES
FSC - Financial Institution Regulation

RULE NO: RULE TITLE
69U-100.045: Examination Manuals and Referenced Standards
PURPOSE AND EFFECT: The rule is being amended to reflect the manuals that the Division of Banking uses to examine state-chartered financial institutions.
SUMMARY: The rule is being amended to reflect the manuals that the Division of Banking uses to examine state-chartered financial institutions. The manuals include: a) Federal Financial Institutions Examination Council, Bank Secrecy Act/Anti-Money Laundering Examination Manual (2010); b) Federal Deposit Insurance Corporation, DSC Risk Management Manual of Examination Policies (12/2004); c) Federal Deposit Insurance Corporation, Trust Examination Manual (2008); d) National Credit Union Administration Examiner’s Guide (06/2002); e) State Credit Union Examination Manual (03/25/09); and f) The Federal Reserve Board’s Examination Manual for U.S. Branches and Agencies of Foreign Banking organizations (07/1997).
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared. The Office determined the proposed rule will not have an adverse impact on small business.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 655.012(2) FS.
LAW IMPLEMENTED: 655.045 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Linda Charity, Director, Division of Financial Institutions, Office of Financial Regulation, 200 E. Gaines Street, Tallahassee, Florida 32399, [e-mail], [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

69U-100.045 Examination Manuals and Referenced Standards.

(1) Examination manuals used by OFR which contain referenced standards are available for inspection at OFR’s Office in Tallahassee and at the following location:

Federal Deposit Insurance Corporation

10 Tenth Street N. E.

Suite 800

Atlanta, Georgia 30309-3906

(2) The OFR uses the following examination manuals are used by OFR in the implementation of its examination responsibilities; which and are hereby adopted and incorporated by reference into the body of printed materials that the which OFR uses for the purposes of conducting examinations of financial institutions to assess the performance and condition of such institutions. The OFR examiners use the manuals are used by the examiners as reference guidelines when conducting safety and soundness examinations of such financial institutions:

(a) Federal Financial Institutions Examination Council, Bank Secrecy Act/Anti-Money Laundering Examination Manual (2010), which may be obtained electronically through the following website: http://www.ffiec.gov/bsa_aml_infobase/documents/BSA_AML_Man_2010.pdf. OFR Examination Procedures Manual (7/89).

(b) Federal Deposit Insurance Corporation, DSC Risk Management Revised DOS Manual of Examination Policies (12/2004 Revised 6/95), which may be obtained electronically through the following website: http://www.fdic.gov/regulations/safety/manual/manual_examinations_full.pdf.

(c) Federal Deposit Insurance Corporation, Trust Examination Manual (2008), which may be obtained electronically through the following website: http://www.fdic.gov/regulations/examinations/trustmanual/. Management Evaluation Guidelines (5/93).

(d) National Credit Union Administration, Examiner’s Guide (06/2002), which may be obtained electronically through the following website: http://www.ncua.gov/GenInfo/GuidesManuals/examiners_guide/examguide.aspx. Examiner’s Guide for the Core Examination Program (2/87).

(e) Office of Financial Regulation, State Credit Union Examination Manual Section Examiner’s Guide (03/25/09 Revised 7/90), which may be obtained from the Florida Office of Financial Regulation, Division of Banking, 200 E. Gaines Street, Tallahassee, FL 32399.

(f) The Federal Reserve Board’s Examination Manual for U.S. Branches and Agencies of Foreign Banking organizations (07/1997), which may be obtained electronically through the following website: http://www.federalreserve.gov/boarddocs/supmanual/us_branches/usbranch.pdf. Bureau of International Banking Examination Procedures Manual (3/90).

Rulemaking Specific Authority 120.53(1), 655.012(2)(3) FS. Law Implemented 655.045 FS. History–New 10-24-93, Formerly 3C-1.015, Amended 1-2-95, 6-4-95, 5-22-96, Formerly 3C-100.045, Amended________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Linda Charity, Director, Division of Financial Institutions, Office of Financial Regulation, 200 E. Gaines Street, Tallahassee, Florida 32399, [e-mail], [phone]
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Financial Services Commission
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 8, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 31, 2009