I. INTRODUCTION
The Office of the Comptroller of the Currency (OCC) requires that national banks file an Annual Report on Operating Subsidiaries (“Annual Report”) with the OCC. The Annual Report requirement, first effective on December 6, 2004, identifies a national bank’s operating subsidiaries that do business directly with consumers (if, in the ordinary course of its business, the bank provides products or services to individuals to be used primarily for personal, family, or household purposes) and that are not functionally regulated (within the meaning of § 5(c)(5) of the Bank Holding Company Act of 1956, as amended [12 U.S.C. 1844)(c)(5)]). The Annual Report includes certain information about each operating subsidiary, e.g., the name of the operating subsidiary, its location and contact information, and the operating subsidiary’s lines of business. Information from the Annual Report is made available to the public on the OCC Web site (www.occ.gov) in order to assist consumers in identifying entities that are national bank operating subsidiaries.
II. ANNUAL REPORT INFORMATION REQUIRED
The Annual Report contains the following information: (a) the name and charter number of the parent national bank; (b) the name (including any “d/b/a,” abbreviated names, or trade names used to identify the operating subsidiary when it does business directly with consumers), mailing address (which includes the street address or post office box, city, state, and zip code), e-mail address (if any) and telephone number of the operating subsidiary; (c) the principal place of business of the operating subsidiary if different from the mailing address; and (d) the lines of business in which the operating subsidiary is doing business directly with consumers by designating the appropriate code contained in Appendix B (NAICS Activity Codes for Commonly Reported Activities) to the Federal Reserve Board’s Instructions for Preparation of Report of Changes in Organizational Structure, Form FR Y-10, which also appears on the OCC’s Web site. If the operating subsidiary is engaged in an activity not set forth in this list, the national bank should use the code “0000” and provide a brief description of the activity.
III. FILING TIME FRAMES AND AVAILABILITY OF INFORMATION
The rule requires national banks to file this Annual Report by January 31 and to include information as of December 31 of the immediate prior year. A national bank may submit the Annual Report electronically or in another format prescribed by the OCC. National banks are not be allowed to submit partial information in the Annual Report to update information contained in prior reports. The Annual Report represents a complete list of the required information for each operating subsidiary that is not functionally regulated and that does business directly with consumers. As a result, a national bank must include in its Annual Report all of the required information for each covered operating subsidiary. The OCC will replace the information every year in its entirety.