Interpretations and Actions: October 2009

Vol. 22, No. 10

Interpretive Letters

Letter No.	Topic
1123	National bank may exchange its interest in a DPC real estate, acquired through foreclosure on a loan in which the bank was a participant, for an equivalent interest in an LLC owned by the participating banks which would manage and dispose of the DPC property. Prior to making the exchange, the bank must receive written notice of supervisory non-objection from its Examiner-in-Charge. 09/18/2009

CRA Decisions

Letter No.	Topic
144	Application by Peoples Bank, National Association, Marietta, Ohio to establish a branch at 905 Zane Street, Zanesville, Ohio (Control Number 2008-CE-05-0181), 10/06/2008
145	Application by Parish National Bank, Bogalusa, Louisiana, to merge with, into and under the title and charter of Whitney National Bank, New Orleans, Louisiana (Control Number 2008-SO-02-031), 11/14/2008

Corporate Decisions

Letter No.	Topic
2009-15	Application by MB Financial Bank, National Association, Chicago, Illinois to purchase certain assets and assume certain liabilities of InBank, Oak Forest, Illinois (Control Number 2009-CE-02-033), 09/04/2009
2009-16	Application by MB Financial Bank, National Association, Chicago, Illinois to acquire from the Federal Deposit Insurance Corporation (FDIC) as receiver, certain assets and assume certain liabilities of Corus Bank, National Association, Chicago, Illinois (Control Number 2009-CE-02-034), 09/11/2009
2009-17	Applications First Financial Bank, National Association, Hamilton, Ohio, to acquire assets and liabilities of Irwin Union Bank and Trust (in receivership), Columbus, Indiana, and Irwin Union Bank, FSB (in receivership), Louisville, Kentucky, and to operate branches at the branch and main office sites of those institutions (Control Numbers 2009 CE 02 036 & 037), 09/18/2009

Approvals with Conditions Enforceable under 12 U.S.C. 1818

Letter No.	Topic
923	Application to merge First National Bank of the Gulf Coast, Naples, Florida with and into Panther Community Bank, National Association, Lehigh Acres, Florida (Control Number 2009-SO-02-0005), 09/15/2009
924	Republic Federal Bank, National Association, Miami, Florida plan to prepay at a discount approximately $8.95 million in principal of the Floating Rate Subordinated Debentures due 2032 of PineBank, National Association which the Bank assumed in connection with its September 2006 purchase and assumption of substantially all of the assets and liabilities of PineBank, National Association and the Bank's plan to issue at least $3,000,000 Floating Rate Convertible Subordinated Notes due 2032 (Control Numbers 2009 SO 12 0165 & 0180), 08/05/2009

Letter No.

Topic

923

Application to merge First National Bank of the Gulf Coast, Naples, Florida with and into Panther Community Bank, National Association, Lehigh Acres, Florida (Control Number 2009-SO-02-0005), 09/15/2009

924

Republic Federal Bank, National Association, Miami, Florida plan to prepay at a discount approximately $8.95 million in principal of the Floating Rate Subordinated Debentures due 2032 of PineBank, National Association which the Bank assumed in connection with its September 2006 purchase and assumption of substantially all of the assets and liabilities of PineBank, National Association and the Bank's plan to issue at least $3,000,000 Floating Rate Convertible Subordinated Notes due 2032 (Control Numbers 2009 SO 12 0165 & 0180), 08/05/2009

Final Enforcement Actions

Enclosed is a copy of the OCC's news release number 2009-122, announcing the availability of enforcement actions. Copies of the final actions are available by writing to the OCC, Communications Division, Mail Stop 2-3, Washington, D.C. 20219. You may also submit your request electronically through the OCC's online FOIA site or fax your request to (202)-874-5274. When ordering, specify the appropriate enforcement action number.

Community Reinvestment Act (CRA) Performance Evaluations

Enclosed is a list of CRA performance evaluations that became public during the period of September 15, 2009 through October 14, 2009.

PLEASE NOTE: Interpretive Letters and No-Objection Letters reflect the views of the Comptroller's legal staff. Corporate Decisions, CRA Decisions and Conditional Approvals are from the office of Licensing Activities. The Community Development Investment Letters are from the office of Community Affairs. The list of CRA Ratings is from the Communications Division. For copies of the CRA evaluations, you may either contact the bank directly, or you may write to the Office of the Comptroller of the Currency (OCC) in any of three ways: by mail to the OCC, Attn: Communications Division, Mail Stop 2-3, Washington, D.C. 20219; by fax to (202) 874-5274; or electronically at the OCC's online FOIA site. You may also write to the OCC for copies of enforcement actions and charters with standard conditions.

Members of the news media are encouraged to cite the letter number when reporting or summarizing documents from this package. This helps us to process single requests based upon your citation in a timelier manner.

The Office of the Comptroller of the Currency publishes INTERPRETATIONS AND ACTIONS monthly. Subscriptions are available at a rate of $200 per year by writing to the Comptroller of the Currency, ATTN: Financial Management, Accounts Receivable, Mail Stop FM-2, Washington, DC 20219. Prepayment is requested. Suggestions, comments or questions may be sent to Jacqueline J. England, Comptroller of the Currency, Communications Division, Mail Stop 2-3, Washington, DC 20219.