Section 1090.103 - Assessing status as a larger participant(a) If a person receives a written communication from the Bureau initiating a supervisory activity pursuant to 12 U.S.C. 5514 , such person may respond by asserting that the person does not meet the definition of a larger participant of a market covered by this part within 45 days of the date of the communication. Such response must be sent to the Supervision Director by electronic transmission at the address included in the communication and must include an affidavit setting forth an explanation of the basis for the person's assertion that it does not meet the definition of larger participant of a market covered by this part and therefore is not subject to the Bureau's supervisory authority under 12 U.S.C. 5514 . In addition, a person may include with the response copies of any records, documents, or other information on which the person relied in making the assertion.(b) A person shall be deemed to have waived the opportunity, at any time that it may dispute that it qualifies as a larger participant, to rely on any argument, records, documents, or other information that it fails to submit to the Supervision Director under paragraph (a) of this section. A person who fails to respond to the Bureau's written communication within 45 days will be deemed to have acknowledged that it is a larger participant.(c) The Supervision Director shall review the affidavit, any attached records, documents, or other information submitted pursuant to paragraph (a) of this section, and any other information the Supervision Director deems relevant, and thereafter send by electronic transmission to the person a statement explaining whether the person meets the definition for a larger participant of a market covered by this part.(d) At any time, including prior to issuing the written communication referred to in paragraph (a) of this section, the Supervision Director may require that a person provide to the Bureau such records, documents, and information as the Supervision Director may deem appropriate to assess whether a person qualifies as a larger participant. Persons must provide the requisite records, documents, and other information to the Bureau within the time period specified in the request.(e) The Supervision Director, in her or his discretion, may modify any timeframe prescribed by this section on her or his own initiative or for good cause shown. 77 FR 42898 , July 20, 2012, as amended at 89 FR 94601 , Nov. 29, 2024 As amended at 89 FR 94601 , 11/29/2024