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Corporate Applications and Other Requests:

April 2010

Vol. 23, No. 4

IN THIS ISSUE:

Interpretive Letters

Letter No. Topic
1126 (PDF 38KB)

Letter confirms the authority of a national bank to purchase and hold auction rate preferred securities for its own account subject to certain representations and conditions. 03/08/2010

Corporate Decisions

Letter No. Topic
2010-09 (PDF 39KB) Application by Valley National Bank, Passaic, New Jersey to purchase certain assets and assume certain liabilities of LibertyPointe Bank, New York, New York ("Failed Entity") (Control Number 2010-NE-02-0004), 03/11/2010
2010-10 (PDF 39KB) Application by Valley National Bank, Passaic, New Jersey to purchase certain assets and assume certain liabilities of The Park Avenue Bank, New York, New York ("Failed Entity") (Control Number 2010-NE-02-0005), 03/12/2010
2010-11 (PDF 35KB) Application of The National Bank and Trust Company, Wilmington, Ohio ("Acquirer") to purchase certain assets of and assume certain liabilities of American National Bank, Parma, Ohio ("Failed Entity") (Control Number 2010-CE-02-005), 03/19/2010
2010-12 (PDF 31KB) Application by First National Bank of Omaha, Omaha, Nebraska, to make a non-controlling equity investment in FNMS Holding, LLC to conduct merchant processing activities (Control Number 2010-W-08-0011), 03/31/2010

Approvals with conditions enforceable under 12 U.S.C. 1818

Letter No. Topic
949 (PDF 38KB) Proposal by Ohio Legacy Bank, N.A., North Canton, Ohio, to conduct fiduciary powers pursuant to 12 USC 92a. (Control Number 2010 WO 12 0011), 03/23/2010
950 (PDF 42KB) Application to establish a new national bank, NAFH National Bank (Control Number 2010 WO 01 0008), 03/25/2010
951 (PDF 30KB) Application by The First National Bank of Kemp, Kemp, Texas, to relocate its main office from 103 South Main, Kemp, Texas, to 100 State Highway 274 South, Kemp, Texas (Control Number 2009 SO 07 002), 03/25/2010
952 (PDF 141KB) Applications by First Niagara Bank, Buffalo, New York ("FNFSB"), to convert from a federal savings bank to a national bank to be called "First Niagara Bank, National Association," and to be headquartered in Buffalo, New York ("FNNA"); and to acquire by merger upon its conversion to a national bank charter, Harleysville National Bank & Trust Company, Harleysville, Pennsylvania ("HNB&TC"), and First Niagara Commercial Bank, Lockport, New York ("FNCB") (the "Mergers")and for FNNA to retain branches and subsidiaries and to exercise fiduciary powers (Control Numbers 2009 NE 01 0017, 2010 WO 02 0001 & 0002), 03/26/2010

Final Enforcement Actions

Enclosed is a copy of the OCC's news release number 2010-43, 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, https://foia-pal.occ.gov/palMain.aspx 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 March 15, 2010 through April 14, 2010.

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, https://foia-pal.occ.gov/palMain.aspx .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. To be added to our mailing list you can send an e-mail to: Publications@occ.treas.gov or fax a request to (202) 874-5263. Suggestions, comments or questions may be sent to Jacqueline England, Comptroller of the Currency, Communications Division, Mail Stop 2-3, Washington, DC 20219.