N.J. Admin. Code § 3:1-2.3

Current through Register Vol. 56, No. 19, October 7, 2024

Section 3:1-2.3 - Branch applications of depositories

(a) An application by a depository to establish a branch office or a minibranch office shall contain the following items before it will be accepted by the Department:

1. A completed current application form, including the name of the depository and the location of the applied for branch or minibranch office;

2. An original certification of a copy of the resolution authorizing the application;

3. If the proposed transaction involves the acquisition of deposits from another banking institution:

i. Pro forma balance sheet projections reflecting the acquiring depository before and after the acquisition; and

ii. Projections of the ratio of Tier 1 capital to total assets of the depository before and after the acquisition;

4. If the branch site is to be acquired or leased from an affiliated person, an application as required by 3:1-10.2; and

5. All other documentation required of a specific applicant by the Commissioner or which the applicant wishes the Department to consider.

(b) An application by a depository to relocate a principal office, full branch office or minibranch office from a location in this State to another location in this State, shall contain the following items before it will be accepted by the Department:

1. A completed current application form, including the name of the depository and both locations involved in the applied for relocation;

2. An original certification of a copy of the resolution authorizing the application; and

3. If the branch site is to be acquired or leased from an affiliated person, an application as required by N.J.A.C. 3:1-10.2; and

4. All other documentation required of a specific applicant by the Commissioner or which the applicant wishes the Department to consider.

(c) An application by a depository to relocate a branch office or minibranch office from a location outside this State to another location in that state shall contain the following items before it will be accepted by the Department:

1. A completed current application form, including the name of the depository and both locations involved in the applied for relocation;

2. An original certification of a copy of the resolution authorizing the application;

3. If the branch site is to be acquired or leased from an affiliated person, an application as required by N.J.A.C. 3:1-10.2; and

4. All other documentation required of a specific applicant by the Commissioner, or which the applicant wishes the Department to consider.

(d) An application by a depository to interchange a branch office and a principal office shall contain the following items before it will be accepted by the Department:

1. A completed current application form, including the name of the depository and the location of each office involved in the applied for interchange;

2. An original certification of a copy of the resolution authorizing the application; and

3. All other documentation required of a specific applicant by the Commissioner or which the applicant wishes the Department to consider.

(e) The Commissioner may return to the applicant any branch application which does not comply with (a), (b), (c), or (d) above.

(f) The Commissioner shall accept or reject a branch application within one year after the applicant submits the application. The failure of the applicant to provide all necessary information within one year shall constitute sufficient grounds to reject the application. The Commissioner may extend the one-year limitation when the applicant is not substantially at fault for the delay.

(g) A depository that directly or through a predecessor bank, savings bank or State association by merger or other reorganization has been in business for at least three years, and which is well capitalized, adequately managed, and if applicable, has received in its most recent examination under the "Community Reinvestment Act of 1977," 12 U.S.C. §§ 2901 et seq., a rating of not less than "satisfactory record of meeting community credit needs," or its equivalent, may apply for expedited branch office approval for full branch, mini-branch, relocation, auxiliary and interchange applications by filing for such expedited approval with the Commissioner. The application shall contain:

1. A certification by the depository, in a form specified by the Commissioner, that recites the following:

i. The depository meets the criteria set forth in (g) above;

ii. The depository is entitled to request expedited processing and does request such processing;

iii. Information identifying each principal office of a State-chartered bank, savings bank or savings and loan association which has been open for less than three years and is located in the trade area of the applicant's proposed branch office;

iv. The cost of the proposed branch office and whether the investment in the office complies with the limitations set forth in 17:9A-24(13) or 17:12B-166; and

v. A statement that the transaction complies with 3:1-10.1 et seq. regarding the interests of any executive officers, directors, managers and others in the premises, if any.

(h) The Department may remove an accepted application from expedited review if it presents a significant supervisory or compliance concern, or it raises a significant legal or policy issue requiring additional review.

(i) An accepted application for expedited processing shall be deemed approved on the 30th day after receipt by the Commissioner, unless approved or denied earlier by the Commissioner in writing, who as part of the application shall consider whether the interests of the public will be served to advantage by the establishment of such branch.

N.J. Admin. Code § 3:1-2.3

Amended by R.1984 d.301, eff. 7/16/1984.
See: 16 N.J.R. 946(a), 16 N.J.R. 1966(a).
Substantial changes in section.
Repeal and New Rule, R.1992 d.483, effective 12/7/1992.
See: 24 N.J.R. 3034(a), 24 N.J.R. 4341(a).
Section was "Objection and request for oral presentation; time for filing; content".
Amended by R.1993 d.258, effective 6/7/1993.
See: 25 N.J.R. 1033(a), 25 N.J.R. 2248(a).
Deleted (a)10 and redesignated existing (a)11 to (a)10.
Amended by R.1996 d.483, effective 10/7/1996.
See: 28 N.J.R. 2661(a), 28 N.J.R. 4417(b).
Amended by R.2001 d.112, effective 4/2/2001.
See: 33 N.J.R. 213(a), 33 N.J.R. 1087(a).
In (a), (b), (c) and (d), inserted "items" following "following"; in (b) and (c), deleted former 5 and recodified former 6 as 5; added (g).
Amended by R.2004 d.50, effective 2/2/2004.
See: 35 N.J.R. 4350(a), 36 N.J.R. 647(a).
Rewrote (g)1; added (h); recodified former (g)2 as (i), deleted the first sentence and substituted "An accepted application for expedited processing shall" for "An application shall".
Amended by R.2006 d.233, effective 6/19/2006.
See: 38 N.J.R. 5(a), 38 N.J.R. 2671(a).
Deleted former (a)2 and recodified (a)3 through (a)6 as (a)2 through (a)5; deleted former (b)2 and recodified (b)3 through (b)5 as (b)2 through (b)4; deleted former (c)2 and recodified (c)3 through (c)5 as (c)2 through (c)4; and deleted former (d)2 and recodified (d)3 through (d)4 as (d)2 through (d)3.