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FEDERAL RESERVE BANK OF NEW YORK Circular No. 10812 November 14, 1995 [ “I J FEDERAL RESERVE PRICED SERVICES 1996 Fee Schedules and Private Sector Adjustment Factor (PSAF) To All Depository Institutions, and Others Concerned, in the Second Federal Reserve District: T h e B oard o f G ov ern o rs o f th e F ed eral R eserv e S ystem has an n o u n ced the ad o p tio n o f 1996 fee schedules, an d th e P rivate S ecto r A d ju stm en t F acto r (P S A F), fo r services provided by the F e d e ra l R e s e rv e B a n k s , e ffe c tiv e Ja n u a ry 2, 1996. F o llo w in g is th e te x t o f th e B o a rd ’s announcem ent: The Federal Reserve Board has announced the 1996 fee schedules for services provided by the Federal Reserve Banks. The fees become effective January 2, 1996. The fees apply to the check, automated clearing house, funds transfer and net settlement, book-entry securities, noncash collection, and special cash services, as well as electronic connections to the Federal Reserve. The 1996 fees are available from the Reserve Banks. In 1996, total costs for priced services, including float, a portion of special project costs, and the private sector adjustment factor (PSA F), are projected to be $749.3 million. Total revenue is projected to be $791.6 million, resulting in net income of $42.3 million, compared with a targeted return on equity of $36.7 million. At the same time, the Board has approved the 1996 PSA F for Reserve Bank priced services o f $85.8 million, a decrease of $8.9 million, or 9.4 percent compared with the 1995 PSAF of $94.7 million. The PSA F is an allowance for the taxes and other imputed costs that would have been paid and the return on capital that would have been earned had the Federal Reserve’s priced services been provided by a private business firm. P rin ted on the fo llo w in g pag es is th e tex t o f the B o ard ’s o fficial notice in this m atter, as p u b lish ed in the Federal Register. Q u estions regarding o u r priced services m ay b e directed to yo ur A cco u n t M an a g er (Tel. N o. 21 2 -7 2 0-6600 at the H ead O ffice; Tel. N o. 716-849-5085 at the B u ffalo B ranch). W il l ia m J. M c D o n o u g h , President. Federal Register / Vol. 60, No. 217 / Thursday, November 9, 1995 / Notices 56591 Reserve Bank Operations and Payment Systems. For users of Telecommunications Device for the Deaf only, please contact Dorothea Thompson (202/452-3544). Copies of the 1996 fee schedules for the check, automated clearing house (ACH), funds transfer and net settlement, book-entry securities, noncash collection, and special cash services, as well as electronic connections to Reserve Banks, are available from the Reserve Banks. SUPPLEMENTARY INFORMATION: FEDERAL RESERVE SYSTEM [Docket No. R-0899] Federal Reserve Bank Services Board of Governors of the Federal Reserve System. ACTION: Notice. AGENCY: The Board has approved a private sector adjustment factor (PSAF) for 1996 of $85.8 million, as well as fee schedules for Federal Reserve priced services and electronic connections. These actions were taken in accordance with the requirements of the Monetary Control Act of 1980, which requires that, over the long run, fees for Federal Reserve priced services be established on the basis of all direct and indirect costs, including the PSAF. DATES: The PSAF and the fee schedules become effective January 2,1996. FOR FURTHER INFORMATION CONTACT: For questions regarding the private sector adjustment factor: Elizabeth Tacik, Accounting Analyst (202/452-2303), Division of Reserve Bank Operations and Payment Systems: for questions regarding fees schedules: Scott Knudson, Senior Financial Services Analyst, ACH Payments (202/4523959), Michele Braun, Senior Financial Services Analyst, Check Payments (202/ 452-2819), Darrell Mak, Financial Services Analyst, Funds Transfer and Book-Entry Securities Services, (202/ 452-3223), Ken Buckley, Manager, Information Technology (electronic connections), (202/452-3646), Michael Bermudez, Financial Services Analyst, (202/452-2216), or Marianne Hansberry, Financial Services Analyst, Cash Section, (202/452-2760), Division of SUMMARY: I. Private Sector Adjustment Factor A. Overview—The Board has approved a 1996 PSAF for Federal Reserve priced services of $85.8 million. This amount represents a decrease of $8.9 million or 9.4 percent from the PSAF of $94.7 million targeted for 1995. As required by the Monetary Control Act (MCA) (12 U.S.C. 248a), the Federal Reserve’s fee schedules for priced services include “taxes that would have been paid and the return on capital that would have been provided had the services been furnished by a private business firm.” These imputed costs are based on data developed in part from a model comprised of the nation’s 50 largest (in asset size) bank holding companies (BHCs). The methodology first entails determining the value of Federal Reserve assets that will be used in producing priced services during the coming year. Short-term assets are assumed to be financed by short-term liabilities; and long-term assets are assumed to be financed by a combination of long-term debt and equity derived from the BHC model. For 1995, the mix of long-term debt and equity was modified slightly to ensure an imputed equity to asset ratio of 4 percent as required for adequately capitalized institutions under provisions of Regulation F (12 CFR 206.5). This was not necessary for 1996. Imputed capital costs are determined by applying related interest rates and rates of return on equity (ROE) derived from the BHC model to assets used in providing priced services. The rates drawn from the BHC model are based on consolidated financial data for the 50 largest BHCs in each of the last five years. Because short-term debt, by definition, matures within one year, only data for the most recent year are used for computing the short-term debt rate. In addition to capital costs, the PSAF includes imputed sales taxes, expenses of the Board of Governors related to priced services, and an imputed Federal Federal Register / Vol. 60, No. 217 / Thursday, November 9, 1995 / Notices 56592 Deposit Insurance Corporation (FDIC) insurance assessment on clearing balances held with the Federal Reserve to settle transactions. B. Asset Base—The estimated value of Federal Reserve assets to be used in providing priced services in 1996 is reflected in table A -l. Table A -2 shows that the assets assumed to be financed through debt and equity are projected to total $637.3 million. As shown in table A-3, this represents a net increase of $14.4 million or 2.3 percent from 1995. This increase results primarily from a higher priced asset base at the Reserve Banks. A decrease of $10.6 million or 14.3 percent in the FRAS priced asset base due to a reduction in capital purchases and a reduction in the FRAS priced percentage sightly offset the increase in Reserve Bank asset levels. C. Cost o f Capital, Taxes, and Other Imputed Costs—Table A-3 shows the financing and tax rates, as well as the other required PSAF recoveries proposed for 1996, and compares the 1996 rates with the rates used for developing the PSAF for 1995. The pre tax return on equity rate increased from 12.1 percent in 1995 to 14.2 percent for 1996. The increase is a result of stronger 1994 BHC financial performance included in the 1996 BHC model, relative to the 1989 BHC financial performance in the 1995 BHC model. T able The decrease in the FDIC insurance assessment from $19.0 million in 1995 to $2.2 million in 1996, as shown in table A-3, is attributable to the impact of the new lower rate for deposit insurance and lower clearing balances. The FDIC rate of $0.26 for every $100 in clearing balances was reduced to $0.04 as of June 1,1995. D. Capital Adequacy —As shown on table A-4, the amount of capital imputed for the proposed 1996 PSAF totals 34.4 percent of risk-weighted assets, well in excess of the 8 percent capital guideline for state member banks and BHCs. II. Priced Services A. Overview—Over the period 1985 through 1994, the Reserve Banks recovered 100.7 percent of the total costs of providing priced services, including special project costs that were budgeted for recovery and targeted ROE.1 Table 1 summarizes the cost and revenue performance for priced services since 1985. B. 1995 Performance—The 1995 fees approved by the Board were expected to recover 100.6 percent of the costs of providing priced services, including imputed expenses, automation consolidation special project costs budgeted for recovery, and targeted ROE. Through August 1995, the System recovered 98.7 percent of total priced services expenses, including automation 1 .— P ro Fo rm a C o st and R evenue P consolidation special project costs and targeted ROE. The Reserve Banks now estimate that priced services revenues will yield a net income of $25.8 million for the year, compared with a targeted ROE of $31.5 million. The recovery rate after ROE is expected to be 99.3 percent. Approximately $19.8 million in automation consolidation special project costs will be recovered in 1995, leaving $36.0 million in accumulated costs to be financed and recovered later.2 The variation in the cost recovery performance from the original 1995 projections can be attributed to the following major factors. First, the pre tax credits arising from accounting for pensions under the Financial Accounting Standards Board's Statement of Financial Accounting Standards No. 87 (SFAS 87) were revised downward by $16.1 million from the estimate used to set 1995 fees. This reduction was due primarily to a lower return on assets in 1994 and a slightly lower discount rate for valuing pension plan assets. On the other hand, the FDIC insurance assessment was reduced, which lowered imputed expenses by $9.4 million. If these two changes had not occurred, the Reserve Banks’ estimated 1995 recovery rate would have been 99.8 percent, or 0.5 percentage points higher than now forecast. erform ance (a ) [$ millions] Y ear 1 Revenue 2 Operating costs and imputed ex penses 3 Special project costs recov ered 4 Total ex pense 5 N et income (R O E ) 6 T arget R O E 7 Recovery rate after target R O E (percent) 8 Special project costs de ferred and financed (b) (c) (d) [2+3] [1-^1 (e) [1/(4+6)l (0 61 3 .8 62 7 .7 6 4 9 .7 66 7 .7 718.6 74 6 .5 75 0 .2 55 5 .3 57 1 .6 59 8 .2 641.1 692.1 698.1 71 0 .0 0.0 0.0 0.0 3.2 4 .6 2.8 1.6 1993 ........................................ 1994 ........................................ 76 0 .8 77 4 .5 76 7 .2 73 1 .0 72 2 .4 11.2 27.1 8.8 1995 (Est) ............................. 75 7 .7 19.8 1985 1986 1987 1988 1989 1990 1991 1992 ........................................ ........................................ ........................................ ........................................ ........................................ ........................................ ........................................ ........................................ 1Certain offsets to costs and certain costs are treated differently in the pro forma income statement for Federal Reserve priced services that is published in the Board’s Annual Report than they are for purposes of setting fees. For example, off sets to costs associated with the transition to and retroactive application of the Financial Accounting Standards Board's Statement of Financial Accounting Standards No. 87 (SFAS 87), pension 74 8 .3 712.1 5 5 5 .3 5 7 1 .6 59 8 .2 6 4 4 .3 69 6 .7 7 0 0 .9 7 1 1 .6 7 4 2 .2 7 4 9 .5 757.1 58.5 56.1 51.5 2 3.4 2 1.9 4 5.6 3 8.6 18.6 2 5.0 10.1 7 3 1 .9 25.8 3 1.5 accounting, and SFAS 106, other post-retirement employee benefits accounting, have not been considered in setting fees for priced services. Under the procedures used to prepare the pro forma income statement, the Reserve Banks recovered 101.4 percent of the expenses incurred in providing priced services, including targeted ROE, from 1985 through 1994. 2 3 .9 2 7 .3 2 9.3 3 2 .7 3 2.9 33.6 106.0 104.8 103.5 9 8 .6 9 8 .5 101.6 3 2.5 100.8 2 6 .0 2 4.9 3 4.6 9 9 .0 100.0 96.9 9 9 .3 0.0 0.0 0.0 0.0 0.0 0 .0 0.0 1.6 12.5 33.9 3 6.0 2In 1981, the Board adopted a policy that permits the Reserve Banks to defer and finance development costs if the development costs would have a material effect on unit costs, provided a conservative time period is set for full cost recovery and a financing factor is applied to the deferred portion of development costs. Federal Register / Vol. 60, No. 217 / Thursday, November 9, 1995 / Notices Table 1.—Pro Forma Cost and 56593 Revenue Performance (a)— Continued [$ millions] Y ear 1996 (Bud) ............................ 1 Revenue 2 Operating costs and imputed ex penses 3 Special project costs recov ered 4 Total ex pense 5 Net income (R O E ) 6 T arget R O E 7 Recovery rate after target R O E (percent) 8 Special project costs de ferred and financed (b) (c) (d) [2+3] [1 -4 ] (e) [1/(4+6)J (0 72 3 .7 791.6 2 5 .5 7 4 9 .3 4 2 .3 3 6 .7 100.7 33.1 (a) Details may not sum to totals because of rounding. The revenues and expenses for 1985 through 1993 include the definitive safekeeping service, which was discontinued in 1993. The table includes revised revenue and expense data for 1992 and 1993. (b) Beginning in 1987, net income on clearing balances is included in revenue. (c) Imputed expenses include interest on debt, taxes, F D IC insurance, and the cost of float. Credits for prepaid pension costs under S F A S 87 and the charges for post-retirem ent benefits in accordance with S F A S 106 are included beginning in 1993. (d) Special project costs include Electronic Paym ent System (E P S ) costs from 1988 through 1990, check im age project costs from 1988 through 1993, and certain categories of automation consolidation costs from 1992 through 1996. (e) Targeted R O E is based on the R O E included in the PS A F and has been adjusted for taxes, which a re included in column 2. Targeted R O E has not been adjusted to reflect automation consolidation special project costs deferred and financed. T he R eserve Banks plan to recover these costs in the future. (f) Totals are cumulative and include financing costs. Second, for the second year, the check service’s volume losses were greater than anticipated, reflecting increasing use of direct presentments and continuing consolidation in the banking industry. The Reserve Banks’ current estimates indicate that check revenues will be about $10.0 million lower than original projections. Conversely, ACH volume has grown more rapidly than the Reserve Banks initially projected and revenues are nearly $4.0 million higher than anticipated. C. 1996 Projection—In 1996, all priced services expect to recover operating costs and imputed expenses, including targeted ROE. Total revenues in 1996 are projected to increase 4.5 percent compared with 1995 estimated revenues.3 Based on the Reserve Banks’ budgeted costs, volumes, and revenues, the proposed 1996 fees will yield net income of $42.3 million for the year, compared with a targeted ROE of $36.7 million. These estimates result in a 100.7 percent cost recovery rate, including automation consolidation special project costs budgeted for recovery and targeted ROE. Priced services expenses before special project Table 2.—C heck Pro Forma Cost and costs are projected to increase 1.6 percent compared with estimated 1995 levels. Approximately $25.5 million in automated consolidation special project costs will be recovered, leaving $33.1 million of accumulated special project costs to be recovered in the future. The following sections discuss the 1994 and 1995 year-to-date performance for each priced service, as well as the changes to fees that were approved by the Board. D. Check—Table 2 presents the actual 1994, estimated 1995, and projected 1996 cost recovery performance for the check service. Revenue Performance [$ millions] Y ear 1994 ........................................ 1995 (Est) ............................. 1996 (Bud) ............................ 1 Revenue 2 Operating costs and imputed ex penses 3 Special project costs recov ered 5 7 9 .8 54 8 .9 56 1 .3 0.0 5.3 5.6 582.4 569.2 595.0 1. 1994 Performance—The check service recovered 96.1 percent of total expenses in 1994, including targeted ROE. The volume of checks collected decreased 13.3 percent from 1993 levels as a result of the implementation of the same-day settlement regulation, as well as bank consolidation and merger activity. Return item volume decreased 1.7 percent. 2. 1995 Performance—Through August 1995, the check service The projected revenues include net income on clearing balances. 4 Total ex pense [2+3] 5 79.8 554.2 566.9 5 N et income (R O E ) 6 Target R O E [1 ^ ] recovered 98.2 percent of total expenses, including automation consolidation special projects costs and targeted ROE, compared with the targeted 1995 recovery rate of 100.0 percent. The volume of checks collected decreased 7.0 percent from 1994 levels, reflecting a 3.7 percent decrease in processed volume and a 19.2 percent decrease in fine sort volume. Return item volume increased 2.6 percent. 2 .6 15.0 28.1 2 6 .3 2 4 .0 2 8 .0 7 Recovery rate after target R O E (percent) (1/(4+6)] 96.1 9 8 .4 100.0 8 Special project costs de ferred and financed 11.3 12.0 10.9 The Reserve Banks now estimate that 1995 net income will amount to $15.0 million, compared with the $24.0 million budgeted. Two significant factors contribute to the variation. First, the decline in check collection volume experienced through August is expected to accelerate. The Reserve Banks now expect volume to decline by 9.3 percent for the year, versus the budgeted volume loss of 2.4 percent. As a result, check revenues are expected to be 56594 Federal Register / Vol. 60, No. 217 / Thursday, November 9, 1995 / Notices approximately $10 million lower than the Reserve Banks’ original projections. Second, although the Reserve Banks took steps to reduce production costs, those steps were largely offset by a net increase in other expenses of $5.2 million. This increase is due to a $12.4 million pre-tax reduction in pension credits, which increased expenses, offset by a $7.2 million reduction in the FEHC insurance assessment. As a result, several Reserve Banks implemented selective price increases during the year to address the revenue shortfall. On a volpme-weighted average basis, forward collection and return check fees were increased by about 1.5 percent and about 9.5 percent, respectively, since January 1995. In addition, the Federal Reserve Bank of Chicago opened a new check processing facility in Peoria, Illinois in September, which is expected to contribute to processing efficiency over the long run. 3. 1996 Issues—As in 1995, the Reserve Banks will be challenged by the changes occurring in the check processing environment. In particular, the evolution to interstate banking is likely to lead to significant changes in the interbank check collection market. To ensure that the Reserve Banks will be able to provide efficient, fairly priced check services and to contribute to improving the efficiency of the payments system, the Banks will (1) emphasize the use of electronic check products that increase the efficiency of the check collection process, (2) introduce a set of consistent national products, and (3) continue to pursue operational efficiencies. To encourage the use of electronics, the Reserve Banks will continue to promote electronic check presentment (ECP) products. In addition, by year-end 1996, all Reserve offices will offer electronic cash letter (ECL) deposit products. These products reduce Reserve Bank operating costs by reducing manual processing. As a result, the Reserve Banks will offer ECL deposit products at lower per-item fees or later deposit deadlines than traditional check deposit products. The Reserve Banks believe that widespread use of ECL and ECP products ultimately will reduce the costs incurred in transporting and handling paper checks and, thus, will reduce the total costs of the check collection system. To address the needs of multi-district depository institutions, the Reserve Banks will implement a set of national core check products. The core products will have identical features and names, although fees for the products will be set at the local office level to reflect the difference in the Reserve Banks’ cost structures. In addition, Reserve Banks are expanding the use of tiered prices to ensure that fees take into consideration the cost of collecting checks drawn on various paying institutions, adding lowpriced group sort products to provide depositing institutions increased options for reducing check collection costs, and improving deposit deadlines to improve funds availability. Several Reserve Banks are also introducing digital image technology into their commercial check operations and offering image-enhanced check products to payor banks. The use of image technology has the potential to reduce Reserve Banks’ operating costs and increase the acceptance of ECP and check truncation. Total check service operating costs plus imputed expenses are projected to increase by $12.4 million, or 2.3 percent above estimated 1995 expenses. Total check collection volume is expected to decline by 1.1 percent in 1996. The Reserve Banks project an increase of approximately 0.7 percent in processed volume, a decrease of 9.5 percent in fine sort volume, and a decrease of 1.1 percent in return item volume. 4. 1996 Fees—The check fees approved -by the Board reflect more accurately the fixed and variable costs of providing check services. In addition, the fees reflect the Reserve Banks’ continued efforts to encourage the use of electronics to improve the efficiency of the check collection mechanism. Overall, 1996 fees for forward collection products will increase by about 1.8 percent on a volume-weighted average basis, compared with current prices.4 The most significant increases are in processed cash-letter and fine sort per-item fees, which are increasing 10.6 percent and 5.9 percent, respectively. Forward processed per-item fee increases are modesi. Of the 2,166 forward collection and fine sort fees, about 69 percent will remain unchanged, 22 percent will increase, 5 percent will be for new products, and 4 percent will be reduced. About 125 fees that were in place in 1995 will be discontinued. Compared with current prices, the volume-weighted average increase in fees for return item products will increase approximately 4.0 percent.3 Of the 1,442 return item fees, 63 percent will remain unchanged, 34 percent will increase, 2 percent will be for new products, and 1 percent will decline. About 76 fees that were in place in 1995 will be discontinued. No changes m the fees for the Interdistrict Transportation Service (ITS) are recommended. Table 3 highlights selected 1995 and 1996 check fees. T able 3 —Selected C heck Fees Products 1995 price ranges Items: (per item) (per item) Forward processed C it y ................................................................................................................................................................ $ 0 ,0 0 3 to 0 .0 4 9 .......... Regional Check Procesing C enter (R C P C ) .................................................................................... 0 .0 0 3 to 0 .0 6 9 ............ Fine Sort C it y ................................................................................................................................................................ 0 .0 0 2 to 0 .0 1 2 ............ 0 .0 0 2 to 0 .0 1 7 ............ R C P C ............ ..................... ........................................................................- ............... Qualified return items C it y ................... .................... .......................................................................................... 0 .1 0 0 to 0 .7 4 0 ............ R C P C ........................................................................................................................................................... 0 .1 2 0 to 1.040 ............ R aw return items C i t y ............................................................................................................................................................... 0 .5 8 0 to 2 .1 8 0 ............ R C P C ........................................................................................................................................................... 0 .8 0 0 to 2 .1 8 0 ............ 4 Selected price increases were implemented during 1995. Combining the Reserve Banks recommended price changes for January 1996 with the price increases that were implemented since January 1995. the volume-weighted average increase in fees for forward collection products is approximately 3 percent. 5Combining the Reserve Banks’ recommended price changes for January 1996 with the price 1996 price ranges $ 0,003 to 0 .0 8 0 0.0 03 to 0.079 0.003 to 0.012 0.002 to 0.0 17 0.100 to 1.110 0.120 to 1.560 0.580 to 4.000 0.900 to 4.000 increases that were implemented since January 1995, the volume-weighted average increase in return fees is about 14 percent. Federal Register / Vol. 60, No. 217 / Thursday, November 9, 1995 / Notices 56595 Table 3 —S elected C heck Fees—Continued Products 1995 price ranges Cash letters: Forward processed ............................................................................................................... Forward fine-sort package..................................................................................................... Return items: raw and qualified............................................................................................. (per cash letter) $1.50 to 8.00 ............ 2.50 to 11.00 ............ 1.50 to 8 00 Pavor bank service revenue is expected to grow by approximately 22 percent in 1996, primarily due to more widespread acceptance of the Reserve Banks’ electronic presentment and image-enhanced check products. The Reserve Banks project that the check service will recover 100 percent of total costs, including $5.6 million in automation consolidation special project costs and targeted ROE. Approximately $10.9 million in automation consolidation special project costs will be deferred and financed for recovery in future years. While most Reserve Banks’ plans for 1996 are conservative, several Reserve Banks have adopted fairly aggressive pricing and product development strategies and plan significant operational changes aimed at improving efficiency and reducing costs. Because of the aggressiveness of some plans, the Board believes that there are risks in Table 4.—ACH Pro Forma Cost and 1996 price ranges (per cash letter) 51.50 to 9.00 2.50 to 11.00 1.50 to 8.00 achieving the Reserve Banks’ aggregate volume projections, in particular. Because additional steps could be taken during 1996 to reduce operating costs if volume projections were not met, the Board approved the 1996 check fees proposed by the Reserve Banks. E. Automated Clearing House (ACH)—Table 4 presents the actual 1994, estimated 1995, and projected 1996 cost recovery performance for the commercial ACH service. Revenue Performance [$ millions] Year 1994 ................................ 1995 (Est) ........................ 1996 (Bud) ....................... 1 Revenue 2 Operating costs and imputed ex penses 66.9 74.7 78.9 1. 1994 Performance—Revenues from the ACH service recovered 98.3 percent of total expenses, including targeted ROE, during 1994. The factors contributing to the net revenue shortfall included the costs associated with the transition to FRAS and Fednet and the expenses associated with the development of the new Fed ACH application software. Commercial ACH volume increased by 16.8 percent over the 1993 volume level. 2. 1995 Performance —Through August 1995, the ACH service recovered 103.2 percent of total expenses, including automation consolidation special project costs and targeted ROE, compared with the targeted 1995 recovery rate of 100.0 percent. The higher cost recovery rate is due primarily to a higher than expected commercial volume growth rate. Yearto-date commercial ACH volume increased 18.4 percent over the 1994 level, compared with the projected 1995 increase of 12.9 percent. The Reserve Banks now project net income of $4.5 million, compared with, the $3.1 million budgeted for 1995. Commercial ACH 64.6 66.3 66.0 3 Special project costs recov ered 0.0 4.0 9.2 4 Total ex penses 5 Net income (ROE) [2+3] [1-4] 64.6 70.2 762 volume is expected to increase 17.5 percent over the 1994 level. 3. 1996 Issues—During 1996, the Reserve Banks plan to complete implementation of the Fed ACH application software, which was developed over the last several years. Because no Reserve Banks had completed their transition to Fed ACH when the 1996 budgets were prepared, there is some uncertainty about the ongoing costs of operating the new software in the FRAS automation environment. The projected commercial volume growth rate of 17.5 percent may be aggressive in light of the continuing consolidation in the banking industry. The Reserve Banks believe, however, that their marketing efforts with the National Automated Clearing House Association have the potential to spur volume growth. 4. 1996 Fees—The ACH service is capital intensive and demonstrates increasing returns to scale over wide volume ranges. As a result, the volume growth realized over the last several years has resulted in declining per-item processing costs. The Board anticipates that per-item costs will decline further 6 Target ROE 7 Recovery rate after Target ROE (percent) 8 Special project costs de ferred and financed [1/(4+6)l 2.3 4.5 3.6 3.4 3.1 3.6 98.3 101.9 100.0 19.6 21.5 17.3 after all ACH processing is consolidated, following the implementation of Fed ACH. The Board has approved several modifications to the current ACH fees for 1996. These modifications are shown in table 5. T able 5 Fee category Interdistrict Items ..... Presorted Items ....... Interdistrict Addenda . Account Servicing Fee ....................... Nonautomated Serv ices ....................... Current fees Fees as of Janu ary 1996 $0,014 $0,012 $0,005 $0,012 $0,010 $0,004 $20.00 $25.00 $10.00 $15.00 As table 5 indicates, the Board has approved per-item fees reductions for unsorted and presorted interdistrict transactions of $0,002. In addition, the interdistrict fee for addenda items, which provide supplementary paymentrelated data, will be reduced by $0,001, eliminating the differential between local and interdistrict addenda items. Because of the high fixed costs Federal Register / Vol. 60, No. 217 / Thursday, November 9, 1995 / Notices 56 5 9 6 associated with providing the ACH service, the Board has approved an increase of $5.00 per month in the account servicing fee. Finally, the Board has approved a $5.00 increase in the fees for paper return items and notifications of change (NOC), government paper NOCs, telephone return items, and telephone advices to reflect the labor intensive nature of processing, and to provide an incentive for depository institutions to automate these processes. After the Reserve Banks have fully implemented Fed ACH, they plan to propose further reductions in per-item fees and to offer a number of new products, including products designed to assist receiving institutions, as well as products designed to permit highvolume originating institutions to obtain lower fees by sorting transactions before transmitting them to the Federal Reserve. The Board anticipates that it will be requested to approve additional fee reductions and service enhancements in mid-1996. Based on the fee schedule proposed by the Reserve Banks, they are projecting that the ACH service will recover 100.0 percent of costs, including $9.2 in automation consolidation Ta ble 6 .— F unds T r a n sfe r P ro F orm a C o st and special project costs and targeted ROE. Approximately $17.3 million in automation consolidation special project costs will continue to be deferred and financed for recovery in future years. The Board has approved the 1996 fees proposed by the Reserve Banks. F. Funds Transfer and Net Settlem ent —Table 6 presents the actual 1994, estimated 1995, and projected 1996 cost recovery performance for the funds transfer and net settlement service. R even ue P erfo rm a n c e [Dollars in millions] Y ear 1 Revenue 1994 ........................................ 1995 (Est) .............................. 1 9 9 6 (Bud) ............................ 2 Operating costs and imputed ex penses 3 Special project costs recov ered 1. 1994 Perform ance —For 1994, the funds transfer and net settlement service recovered 101.7 percent of total expenses, including automation consolidation special project costs and targeted ROE. The net revenue surplus was largely due to lower data communications and accounting overhead costs. Funds transfer volume increased 3.4 perceni over the 1993 volume level. 2. 1995 Performance —Through August 1995, the funds transfer and net settlement service recovered 99.2 percent of total expenses, including automation consolidation special project costs and targeted ROE, compared with the targeted 1995 recover}' rate of 106.5 percent. The lower cost recovery rate is due in part 5 Net income (R O E ) [2+3] [1 -1 ] 7.1 9 .7 9.3 79.1 73.2 71.8 91.6 89.0 90.5 4 Total ex pense 86.2 82.9 81.1 T a b le 7 .— B o o k - E n try S e c u r it ie s P ro F orm a C o st and 7 Recovery rate after target R O E (percent) 8 Special project costs d e ferred and financed [1/(4+6)] 5.4 6.1 9.4 to the lower than expected pension credit and delays in the conversion of several Reserve Banks to the centralized funds transfer application software. This conversion has now been completed. The Reserve Banks now project net income of $6.1 million, compared with the $8.2 million budgeted for 1995. Funds transfer volume is expected to increase 3.1 percent over the 1994 volume level, which is consistent with the growth rate through August. 3. 1996 Issues —The Reserve Banks expect continuing consolidation of the banking industry to affect funds transfer volume growth. For 1996, an increase of 2.1 percent over the 1995 level is projected, which is somewhat lower than historical trends. The Reserve Banks project that operating costs will 6 Target R O E 101.7 103.1 106.6 3.8 3.4 3.8 2.1 0.0 0.0 decline modestly, reflecting the full year effect of consolidated processing. 4. 1996 Fees —Based on retaining the 1995 fee schedule, the Reserve Banks project that revenues will recover 106.6 percent of total expenses, including $9.3 million in automation consolidation special project costs and targeted ROE. Although the Reserve Banks’ net income projection exceeds the targeted ROE by $5.6 million, lower than projected volume growth could reduce revenues significantly. The Board has approved retaining the 1995 funds transfer fees for 1996. G. Book-Entry S ecu rities6—Table 7 presents the actual 1994, estimated 1995, and projected 1996 cost recovery performance for the book-entry securities service. R even u e P erfo rm a n c e [In millions of dollars] Y ear 1 Revenue 1994 ........................................ 1995 (Est) .............................. 1 9 9 6 (Bud) ............................ Includes Purchase and Sale Activity. 15.8 15.8 15.8 2 Operating costs and imputed ex penses 13.7 14.2 13.6 3 Special project costs recov ered 1.7 0.9 1.4 4 Total ex pense 5 Net income (R O E ) [2+3] [1 -4 ] 15.4 15.1 15.0 6 Target R O E 7 Recovery rate after target R O E (percent) 8 Special project costs d e ferred and financed (17(4+6)] 0.4 0.7 0.7 0.7 0.7 0.8 98.1 100.1 100.0 1.2 2.5 4.5 56597 Federal Register / Vol. 60, No. 217 / Thursday, November 9, 1995 / Notices 1. 1994 Performance—Revenues from the book-entry securities service recovered 98.1 percent of total expenses, including automation consolidation special project costs and targeted ROE during 1994. Book-entry securities transfer volume increased only 1.6 percent over 1993 levels due to a sharp decline in trading activity associated with increasing mortgage interest rates in mid-1994. 2. 1995 Performance—Through August 1995, the book-entry securities service recovered 99.3 percent of total expenses, including automation consolidation special project costs and targeted ROE, compared with the targeted 1995 recovery rate of 100.1 percent. During the same period, bookentry securities transfer volume decreased 4.2 percent compared with the 1994 level, reflecting the continuing decline in the volume of mortgagebacked securities activity. Although operating expenses are now expected to be slightly higher than originally projected, the Reserve Banks expect to achieve their targeted recovery rate for 1995. This projection is based on two factors. First, the volume of book-entry securities transfers, which declined through mid-1995, has begun to increase over 1994 levels. The Reserve Banks now project a decrease in book-entry securities transfers of only 0.8 percent for the year. Second, the number of accounts maintained and securities T a b l e 8 .— N oncash securities service will recover 100.0 percent of costs, including $1.4 million in automation consolidation special project costs and targeted ROE. The Board has approved retaining the 1995 book-entry securities fees for 1996. H. Electronic Connections—The Federal Reserve Banks charge fees for the electronic connections used by depository institutions to access priced services. The costs and revenues associated with electronic connections are allocated to the various priced services based on the relative number of connections that are used to access each service. In 1995, the Federal Reserve Board increased fees for several types of electronic connections due to the increasing costs of implementing Fednet. The Board also approved two new categories of electronic connections—(1) high-speed dedicated leased-line connections of 128 kilobits per second (kbps) and 256 kbps and (2) standard dedicated and shared options to support contingency testing by depository institutions with dedicated leased-line connections. The Board has approved retaining the 1995 fees for electronic connections during 1996. I. Noncash Collection—Table 8 presents the actual 1994, estimated 1995, and projected 1996 cost recovery performance for the noncash collection service. issues held, as well as the volume of off line transfers, are expected to be higher than budgeted. 3. 1996 Issues—The Reserve Banks expect book-entry securities transfer volume to remain at approximately the 1995 level. Participants Trust Company (PTC) announced its intent to expand its mortgage-backed securities business to include securities issued by the Federal Home Loan Mortgage Corporation and the Federal National Mortgage Association. PTC, however, has not indicated when these securities will be included in their system. The Reserve Banks anticipate that the effect on 1996 volume will be minimal, but the effect on volume levels in the future could be substantial. The Reserve Banks plan to begin their conversion to the National Book-Entry System (NBES) in April 1996. Once the conversion is complete, the Reserve Banks expect to reduce data processing costs substantially. Unlike the current system, the NBES requires that securities held as collateral be held in separate securities accounts, rather than combined into one account. The Reserve Banks plan to analyze the effect of this change and recommend that the Board approve a modified fee in mid-1996. 4. 1996 Fees—Although there are uncertainties with respect to volume projections beyond 1996, based on the approved fee schedule, the Reserve Banks project that the book-entry C o l l e c t io n P ro Fo rm a C o st and R evenue P erform ance [$ millions] Y ear 1994 ........................................ 1995 (Est) ............................. 1996 (Bud) ............................ 1 Revenue 2 Operating costs and imputed ex penses 4.1 3.8 4.8 1. 1994 Performance—Revenues from the noncash collection service recovered 80.1 percent of total expenses, including targeted ROE, in 1994. The revenue shortfall is attributed to the costs associated with consolidating operations and a volume decline of approximately 37 percent from 1993 levels. 2. 1995 Performance—Through August 1995, the noncash collection service recovered 81.8 percent of total expenses including targeted ROE, compared with the targeted 1995 recovery rate of 91.4 percent. The 4.9 4.2 4.5 3 Special project costs recov ered 0.0 0.0 0.0 4 Total ex pense 5 N et income (R O E ) [2+3] [1 -4 ] 4.9 4.2 4.5 volume of noncash collection items increased 12.2 percent, compared with the projected 1995 increase of 21.6 percent. A recovery rate of 86.3 percent is now projected for 1995. The improvement compared with year-todate performance reflects the Reserve Banks’ projection of higher volume levels during the fourth quarter of 1995 because one of the major noncash collection service providers withdrew from the business in August. In addition, the consolidation of noncash collection operations at the Cleveland and Jacksonville offices was completed 6 T arget R O E 7 Recovery rate after target R O E (percent) , 8 Special project costs de ferred and financed [1/(4+6)] (0.8) (0-4) 0.2 0.2 0.2 0.2 80.1 86.3 100.0 0.2 0.2 0.2 in July and should assist in controlling operating costs. 3. 1996 Issues—The Reserve Banks are projecting an increase of 22.5 percent in noncash collection volume for 1996. Several factors may affect 1996 volume growth. All of the major service providers discontinued providing noncash collection services during 1995. At the same time, several smaller entities continue to provide noncash collection services. In addition, the Depository Trust Company (DTC), the largest national securities depository, has proposed to collect municipal Federal Register / Vol. 60, No. 217 / Thursday, November 9, 1995 / Notices 56598 coupons on behalf of its participants. While some volume may shift to the Reserve Banks, the DTC’s potential presence complicates forecasting 1996 volume levels. Because of the changing environment, the Board believes that the Reserve Banks’ presence in the business provides a degree of stability. In early 1996, the Reserve Banks plan to modify the geographical areas serviced by the two processing sites to increase processing efficiency and maintain high quality. 4. 1996 Fees—The Reserve Banks proposed adoption of a national fee schedule for the noncash collection service. To standardize fees, the local and interregional coupon fees assessed by the Cleveland office will be increased by $0.50. In addition, to reflect more accurately the cost of collecting matured bonds, the bond collection fee will be increased from $40 to $50. Based on the proposed fee schedule, the Reserve Banks are projecting that the noncash collection service will recover 100.0 percent of total costs, including targeted ROE. The Board has approved the Table 9.—C ash Pro Forma Cost and national fee schedule proposed by the Reserve Banks for the noncash collection service. J. Cash Services—Cash services provided by the Federal Reserve Banks include cash transportation, coin wrapping, nonstandard packaging of currency orders and deposits, and nonstandard frequency of access to cash services. Table 9 presents actual 1994 performance, estimated 1995, and projected 1996 cost recovery performance for the priced cash services. Revenue Performance [$ millions] Y ear 1994 ........................................ 1995 (Est) ............................. 1996 (Bud) ............................ 1 Revenue 2 Operating costs and imputed ex penses 6.4 5.2 6.7 6.0 5.1 6.3 The Reserve Banks expect that 1996 revenues will recover all costs for cash services, including targeted ROE. Projected revenues and costs are higher for 1996 because the San Francisco District will begin to charge fees for access to cash services beyond the basic service level. 111. Competitive Impact Analysis All operational and legal changes considered by the Board that have a substantial effect on payment system participants are subject to the competitive impact analysis described in the March 1990 policy statement T able A-1.—Comparison of 3 Special project costs recov ered 0.0 0.0 0.0 4 Total ex pense 5 N et income (R O E ) [2+3] [1 -4 ] 6 .0 5.1 6.3 for 7 Recovery rate after target R O E (percent) 8 Special project costs de ferred and financed [1/(4+6)] 0.4 0.1 0.4 “The Federal Reserve in the Payments System.” In this analysis, the Board assesses whether the proposed change would have a direct and material adverse effect on the ability of other service providers to compete effectively with the Federal Reserve in providing similar services due to differing legal powers or constraints, or due to a dominant market position of the Federal Reserve deriving from such legal differences. The Board believes that the recommended price and service level changes would not have a substantial Pro Forma Balance Sheets 6 Target R O E 0.2 0.1 0.2 102.6 99.5 102.2 0 .0 0 .0 0 .0 effect on payments system participants, and would not have a direct and material effect on the ability of other service providers to compete effectively with the Federal Reserve in providing similar services. The 1996 fees approved by the Board result in a projected return on equity that meets the target return on equity based on the 50 bank holding company model. Therefore, the Board believes that approval of the proposed fees would not have an adverse effect on the ability of other service providers to compete with the Reserve Banks. Attachments Federal Reserve Priced S ervices [Millions of dollars— average for year] 1996 1995 Short-term assets: Imputed reserve requirement on clearing b a la n c e s ..... Investment in m arketable securities ....................... .......... R e ceivab les1 ............................................................................. M aterials and sup plies1 ......................................................... Suspense & D ifferen ce1 ........................................................ Prepaid e x p e n s e s 1 .................................................................. Items in process of collection .............................................. Total short-term assets ...................................................... Long-term assets: P re m is e s 1 2 ................................................................................. Furniture and equ ipm ent1 ..................................................... Leasehold improvements and long-term prepaym ents1 Capital leases ............................................................................ $ 4 0 9 .6 3 ,6 8 6 .7 64.4 $ 619.8 5 ,577.9 62.8 5.7 8.6 0.0 13.9 2 ,4 1 3 .2 0.1 16.1 2 ,592.5 $ 8 ,87 4 .9 $ 6 ,59 6 .4 $ 34 6 .4 189.4 14.6 2.3 $ 337.7 187.8 12.6 3.8 56 5 9 9 Federal Register / Vol. 60, No. 217 / Thursday, November 9, 1995 / Notices T able A -1 — C o m p a r is o n of P ro Fo r m a Ba la n c e S heets fo r F ederal Reser ve P r ic e d S e r v ic e s — Continued [Millions of dollars— average for year] 1996 1995 Total long-term assets Total assets Short-term liabilities: Clearing balances and balances arising from early credit of uncollected it e m s ........................... Deferred credit items ........................................................................................................................................ Short-term d e b t3 ................................................................................................................................................ 5 5 2 .7 541.9 $7,149.1 $9,41 6 .8 $ 4 ,0 9 6 .3 2 ,4 1 3 .2 8 6 .8 Total short-term liabilities ....... Long-term liabilities: Obligations under capital leases Long-term d e b t3 ............................ ........... $ 6 ,1 9 7 .7 2 ,5 9 2 .5 84.7 $ 6 ,5 9 6 .3 ................... $ 2 .3 1 82.7 $8,874.9 $ 3.8 161.6 Total long-term liabilities 165.4 185.0 Total liabilities Equity3 .......... $ 6 ,7 8 1 .3 3 6 7 .8 Total liabilities and equity $7,149.1 ...... „ ......... ................... $9,040.3 376.5 $ 9 ,416.8 1 Financed through P S A F; other assets are self-financing. 2 Includes allocations of Board of Governors’ assets to priced services of $ 0 .5 million for 1996 and $ 0 .4 million for 1995. 3 Imputed figures represent the source of financing for certain priced services assets. N ote: Details may not add to totals due to rounding. T able A-2.—D e r i v a t i o n o f the 1996 PSAF [Millions of dollars] A. Assets to be F in a n c e d :1 S h o rt-te rm .................................. Long-term 2 ................................ B. W eighted A verage Cost: 1. Capital Structure 3 Short-term Debt ................... Long-term D e b t .................... Equity ..................................... 2. Financing R a tes/C o sts3 Short-term Debt ................. . Long-term D e b t .................... Pre-tax Equity4 .................... 3. Elements of Capital Costs Short-term D ebt .................. Long-term D e b t ................... Equity ..................................... $8 6 .9 5 5 0 .4 $637.3 13.6% 2 8 .7 % 5 7 .7% 3.9% 7.6% 14.2% $8 6 .9 182.7 36 7 .8 x 3 .9 % = x 7 .6 % = x 14 .2% = $3.4 13.8 52.3 $69.5 C. D. Other Required P S A F Recoveries: Sales T a x e s ................................................... Federal Deposit Insurance Assessment Board of Governors E x p e n s e s ............... $ 1 1 .3 2.2 2 .8 Total PSAF Recoveries As a percent of capital .......................................................................................................................................................................................................... As a percent of e x p e n s e s 5 .................................................................................................................................................................................................. $16.3 $ 85.8 13.5% 14.1% 1 Priced service asset base is based on the direct determination of assets method. 2 Consists of total long-term assets, including the priced portion of F R A S assets, less self financing capital leases. 3 All short-term assets are assum ed to be financed by short-term debt. O f the total long-term assets, 3 3 percent are assum ed to be financed by long-term debt and 67 percent by equity. 4 T he pre-tax rate of return on equity is based on the average after-tax rate of return on equity, adjusted by the effective tax rate to yield the pre-tax rate of return on equity for each bank holding com pany for each year. These data are then averaged over five years to yield the pre-tax return on equity for use in the PSAF. 5 Systemwide 1995 budgeted priced service expenses less shipping are $ 6 1 0 .3 million. Federal Register / Vol. 60, No. 217 / Thursday, November 9, 1995 / Notices 56600 Table A-3.—C omparison Between 1996 and 1995 PSAF Components 1995 1996 A. Assets to be Financed (millions of dollars): S h o rt-te rm ........................................................................................................................................................................................................ Long-term ........................................................................................................................................................................................................ Total .............................................................................................................................................................................................................. B. Cost of Capital: Short-term Debt R ate .................................................................................................................................................................................. Long-term Debt Rate ................................................................................................................................................................................... Pre-tax Return on E q u ity ............................................................................................................................................................................ W eighted A verage Long-term Cost of Capital .............................................................. ..................................................................... C. Tax Rate ............................................................................................................................................................................................................. D. Capital Structure: Short-term Debt ............................................................................................................................................................................................. Long-term D e b t .............................................................................................................................................................................................. E q u ity ................................................................................................................................................................................................................. E. O ther Required PS A F Recoveries (millions of dollars): Sales T a x e s .................................................................................................................................................................................................... Federal Deposit Insurance Assessment ............................................................................................................................................... Board of Governors Expenses ................................................................................................................................................................. F. Total PSAF: Required R e c o v e r y ....................................................................................................................................................................................... As Percent of Capital .................................................................................................................................................................................. As Percent of Expenses ............................................................................................................................................................................. Table A-4—C omputation of Capital Adequacy for $ 86.9 550.4 $ 84.7 538.2 $6 3 7.3 $622.9 3.9% 7.6% 14.2% 12.0% 29.9% 3 .5 % 8 .2 % 12.1% 10.9% 31.0% 13.6% 2 8 .7% 57 .7% 15.4% 25 .4% 59 .2% $1 1 .3 2.2 2.8 $11.3 19.0 2.7 $85.8 13.5% 14.1% $94.7 15.2% 15.7% Federal Reserve Priced S ervices [millions of dollars] Assets Imputed reserve requirem ent on clearing balances ............................................................................................................. Investment in m arketable securities .......................................................................................................................................... R e c e iv a b le s ........................................................................................................................................................................................ M aterials and supplies ................................................................................................................................................................... Suspense & Difference .................................................................................................................................................................. Prepaid expenses ............................................................................................................................................................................ Items in process of collection ...................................................................................................................................................... Premises ............................................................................................................................................................................................. Furniture and e q u ip m e n t................................................................................................................................................................ Leases & long-term p re p a y m e n ts ............................................................................................................................................... $ 4 0 9.6 3 ,6 86 .7 64.4 8.6 0 .0 13.9 2 ,4 1 3 .2 34 6 .4 189.4 16.9 Total ........................................................................................................................................................................................ Imputed Equity for 1995 .............................................. ................................................................................................................. Capital to Risk-W eighted Assets ................................................................................................................................................ Capital to Total A s s e ts ................................................................................................................................................................... $7,149.1 $ 3 6 7 .8 3 4 .4 % 5 .1 % By order of the Board of Governors of the Federal Reserve System, November 2 ,1995. William W. Wiles, Secretary of the Board. [FR Doc. 95-27631 Filed 1 1 -8 -9 5 ; 8:45 am] BILUNG CODE 6210-01-P Risk weight 0.0 0.0 0.2 1.0 0.2 1.0 02 1.0 1.0 1.0 Weigh* od assets $0.0 0.0 12.9 8.6 0 .0 13.9 48 2 .6 34 6 .4 189.4 16.9 $ 1 ,07 0 .7 Federal Reserve Bank of N e w Yo r k N E W Y O R K , N. Y . 1 0 0 4 5 - 0 0 0 1 AREA CODE FACSIMILE C h e s t e r B. F 212 2 12 720-6375 720-8742 e l d b e r g E x e c u t iv e V ice P r e s i d e n t November 9, 1995 To: The Chief Executive Officer of Each Member Bank Subject: Annual Reporting and Disclosure Requirements for Member Bank's Executive Officers and Principal Shareholders Subject to the Board's Regulation O (Form FFIEC 004) Since 1979, member banks have been subject to certain reporting and disclosure requirements set forth under the Board's Regulation O. These requirements were established in Titles VIII and IX of the Financial Institutions Regulatory and Interest Rate Control Act of 1978 (FIRA), as amended by the Garn-St Germain Depository Institutions Act of 1982. A copy of form FFIEC 004 is enclosed to assist your bank and your bank's executive officers and principal shareholders in complying with the requirements set forth in Regulation 0. Please duplicate the form, which has been approved by the FFIEC, in accordance with your needs. You should note however, that executive officers and principal shareholders may provide the required information on other forms, if they wish. Executive officers and principal shareholders subject to the reporting requirements must file annual reports concerning their indebtedness and the indebtedness of their related interests to the correspondent banks of the member bank. These reports should be filed with the member bank's board of directors by January 31 of each year. The 1996 report covers the period January 1 to December 31, 1995. Each member bank should notify its executive officers and principal shareholders of the reporting requirements. The persons notified should include any person who was an executive officer or principal shareholder of the member bank during the period January 1 to December 31, 1995, since all of these persons are subject to reporting requirements if they were indebted to a correspondent bank of the member bank during this period. Each member bank is also required to make available to its executive officers and principal shareholders a list of the member bank's correspondent banks. A correspondent bank is defined as a bank that maintains one or more correspondent accounts for a member bank during the calendar year that, when aggregated, exceed certain amounts specified in the regulation. (Over) 2 Form FFIEC 004, or a similar form that is filed byexecutive officers and principal shareholders, must be kept on file at the member bank for a period of three years. These reports are not required to be made available to the public; however, the reports will be reviewed by examiners during the course of an examination of the member bank. The reports filed by executive officers and principal shareholders are not required to be filed with the Reserve Bank or Deputy Comptroller. Any questions your bank may have on the current forms or the regulation should be directed to John Greco, Examining Officer, Financial Examinations Function at (212) 720-8398. Sincerely, Chester B. Feldberg Executive Vice President Enclosure General Instructions 1. P erso n s R e q u ire d to F ile R e p o rt A Report on Indebtedness to Correspondent Banks (Form FFIEC 004), or a similar form containing identical information, must be completed by each executive officer and each principal shareholder of an insured bank who was indebted, or whose related interests were indebted, during the calendar year for which the report is being submitted to a correspon dent bank of their bank. All insured banks are required by law to make available to their executive officers and principal shareholders a list of the bank’s correspondent banks. “Correspondent bank” means gener ally a bank that maintains a correspondent account in excess of a cer tain amount for the officer’s or shareholder’s bank. The executive officer or principal shareholder must file a separate report concerning the indebtedness of the officer or shareholder to each correspondent bank and a separate report concerning the indebted ness of each of the related interests of the officer or shareholder to each correspondent bank. For example, if an executive officer is indebted to two correspondent banks, the officer must file two reports, one for each correspondent bank. If the executive officer has two related interests that were also both indebted to two correspondent banks, the officer would file six reports, two for the officer’s own indebtedness and four for the indebtedness of the officer’s related interests. If the executive officer is not indebted to a correspondent bank, but a related interest of the officer is indebted to a correspondent bank, the executive officer must file a report concerning the indebtedness of the officer’s related interest to the correspondent bank. 2. W h e re an d W h e n R e p o rts a re to be Filed The executive officer or principal shareholder must submit the report on indebtedness to correspondent banks to the board of directors of the reporting person’s bank for each calendar year by January 31 of the next year. In determining the maximum amount of indebtedness of a principal share holder, the indebtedness of a member of the shareholder’s immediate family is to be treated as indebtedness of the principal shareholder. Each maximum amount of indebtedness reported may include several separate extensions of credit. The reporting person must report sepa rately the terms and conditions of each of these extensions of credit. “Immediate family” means the spouse of an individual, the individual’s minor children, and any of the individual’s children (including adults) residing in the individual’s home. For reporting purposes, only one individual in the immediate family must file reports if that individual’s reports include the information on indebtedness of the individual’s immediate family. Each report on indebtedness to each correspondent bank must also include the amount of indebtedness outstanding to the correspondent bank ten business days before the date on which the report on indebt edness is filed. If the information on the amount of indebtedness out standing to a correspondent bank ten business days before the filing of the report is not available or cannot be readily ascertained by the filing date, an estimate of the amount of such indebtedness may be filed, provided that the actual amount of such indebtedness is submitted to the bank’s board of directors within the next thirty days. c. Control of a company is defined in section 215.2 of Regulation O as ow nership or control of 25 percent or more of a com pany’s outstanding voting shares; however, the regulation presumes control in some cases where less than 25 percent ownership or control exists. 4. D e fin itio n s The following definitions are intended to provide general guidance in completing this report. For precise definitions, see the Federal Reserve Board’s Regulation O (12 CFR Part 215) and Part 349 of the FDIC’s Rules and Regulations (12 CFR Part 349). a. “Executive officer” is defined in section 215.2 of Regulation O and means generally a person who participates or who has authority to participate (other than in the capacity of a director) in m ajor policymaking functions of the company or bank. Certain officers ( e.g ., vice presidents) are presumed in Regulation O to be executive offic ers unless they are excluded by resolution of the board of directors or by the bylaws of the bank or company from participation in major policymaking functions of the bank or company and do not partici pate therein. 3. W h a t M u st be R e p o rte d The reporting person must include in each report on indebtedness to each correspondent bank: (a) the maximum amount of indebtedness outstanding during the calendar year, and (b) the terms and conditions of each extension of credit included in the maximum amount reported. The terms and conditions to be reported are: (1) the original amount and date; (2) the maturity date; (3) the payment terms; (4) the range of interest rates charged during the calendar year; (5) whether the exten sion of credit is secured or unsecured; (6) if secured, a description of the collateral and its value; and (7) any unusual terms or conditions. d. “Related interest” means (1) a company that is controlled by a per son or (2) a political or campaign committee that is controlled by a person or the funds or services of which will benefit a person. b. “Principal Shareholder” means any person (other than an insured bank, or a foreign bank) that, directly or indirectly, owns, controls, or has the power to vote more than 10 percent of any class of voting securities of the bank. The term includes a person that controls a principal shareholder {e.g., a person that controls a bank holding company). For the purpose of determining who is a principal shareholder, shares owned or controlled by a member of the individual’s immediate fam ily are presumed to be controlled by the individual. e. “Indebtedness” includes any extension of credit (as defined in sec tion 215.22 of Regulation O), but does not include: i. commercial paper, bonds and debentures issued in the ordinary course of business; and ii. consumer credit in an aggregate amount of $5,000 or less from each correspondent bank, provided the credit is incurred under terms that are not more favorable than those offered the general public. f. “Maximum amount of indebtedness” means, at the option of the reporting person, either (i) the highest outstanding indebtedness dur ing the calendar year for which the report is made, or (ii) the highest end of the month indebtedness outstanding during the calendar year for which the report is made. The method chosen should be consis tently used for all indebtedness to the same correspondent bank. The reporting person must indicate on the report whether the maxi mum amount was determined as of the end of the month or on a daily basis. g. “Correspondent bank,” “company,” and other terms pertinent to this report are defined in the Board’s Regulation 0 , 12 CFR Part 215 and Part 349 of the Federal Deposit Insurance Corporation’s Rules and Regulations, 12 CFR Part 349. Board of Governors of the Federal Reserve System Office of the Comptroller of the Currency Federal Deposit Insurance Corporation Name of Executive Officer or Principal Shareholder Submitting Report Report on Indebtedness of Executive Officers and Principal Shareholders and their Related Interests to Correspondent Banks Name of Bank to which Report is Submitted State City For the Calendar Year Ending December 31, 1 9 _____ Status of Reporting Person: A. Maximum amount of indebtedness outstanding during the calendar year: _____ Executive Officer _____ Principal Shareholder If the report is submitted for indebtedness of a related interest, name and address of related interest for which the report is submitted: Form FFIEC 004 g ^ Approved by the Federal Financial Institutions Examination Council 11/15/79 OMB No. 7100-0034 (FRB) Expires 9/30/98 1557-0070 (OCC) Expires 9/30/98 3064-0023 (FDIC) Expires 9/30/98 To be submitted by executive officers and principal shareholders of insured banks to the boards of directors of their banks in satisfaction of the reporting requirements of the Federal Reserve Board's Regulation O (12 CFR Part 215) and Part 349 of the Federal Deposit Insurance Corporation’s Rules and Regulations (12 CFR Part 349) with respect to indebtedness to correspondent banks. D. Terms and Conditions of each extension of credit included as indebted ness in the amount reported in Box A (see Instruction 3). Use additional pages if indebtedness consists of more than three loans and/or more space is needed to report terms and conditions: (In thousands of dollars) $. B. Method used to determine maximum amount of indebtedness oustanding (check one): Loan 1: ___ i. highest outstanding indebtedness during the calendar year ii. highest end of the month indebtedness outstanding during the calendar year Name and address of the correspondent bank to which the executive officer, principal shareholder, or related interest is indebted: Loan 2: C. Amount of indebtedness outstanding ten business days prior to the date of filing this report: Loan 3: (In thousands of dollars) $. I hereby certify that the information given above is complete, correct, and true to the best of my knowledge. Signature of official responsible for report Date Signed Disclosure of Estimated Burden The burden associated with this information collection is estimated to vary from 1 to 2 hours per response, depending on individual circumstances. Burden estimates include the time for reviewing instructions, gathering and maintaining data in the required form, and completing the information collection, but exclude the time for compiling and maintaining business records in the normal course of a respondent's activities. Comments concerning the accuracy of this burden estimate and suggestions for reducing this burden should be directed to the Office of Information and Regulatory Affairs, Office of Management and Budget, Washington, D.C. 20503, and to one of the following: Secretary Board of Governors of the Federal Reserve System Washington, D.C. 20551 Legislative and Regulatory Analysis Division Office of the Comptroller of the Currency Washington, D.C. 20219 Assistant Executive Secretary Federal Deposit Insurance Corporation Washington, D.C. 20429 F ed era l R e se r v e B ank of New Y ork New Y ork , N. Y . 10045-0001 AREACODE 212-720-5000 November 15, 1995 To: All State Member Banks, Bank Holding Companies, U .S. Branches and Agencies o f Foreign Banks, and Edge and Agreement Corporations in the Second District Subject: New Suspicious Activity Report (SAR) The Federal Reserve, the other federal financial institutions supervisory agencies, the U .S. Department of the Treasury (Treasury) and the Financial Crimes Enforcement Network o f Treasury (FinCEN) are working together to streamline the process by which domestic and foreign banking organizations report suspected criminal activity to the federal law enforcement agencies that investigate and prosecute criminal offenses. Planned changes include: • Adopting a single uniform interagency form; • Eliminating duplicative filing requirements by melding the banking agencies’ criminal referral reporting rules with the suspicious transaction reporting requirements on the current Currency Transaction Report (CTR) and Treasury’s proposed suspicious transaction reporting regulation so that the filing of the single uniform interagency form fulfills all reporting obligations; • Requiring the filing o f only one form with a single repository, FinCEN, which will oversee distribution to the various federal law enforcement and banking agencies; • Eliminating the need to provide supporting documentation with the SAR; • Providing computer software to assist in the preparation and filing of the SAR; and • Raising the mandatory reporting thresholds and thereby reducing the number of referrals that have to be filed. FEDERAL RESERVE BANK OF NEW YORK 2 One o f the principal benefits o f the new interagency suspicious activity reporting system is the use of a single uniform reporting form that would be adopted by each o f the banking agencies and Treasury and sent to a single location. A new Suspicious Activity Report is being developed to replace the Criminal Referral Form. An advance copy o f the SAR and the draft instructions are enclosed. The prototype of the SAR should not be used until vou receive instructions to do so from this Reserve Bank. Work also continues on the development of software that will enable your institution to file the SAR on various forms o f magnetic media, such as disk or tape. Once completed, this new software will be distributed to your institution by the Federal Reserve at no charge. Should you wish to use your own in-house computer system to prepare the appropriate information for fling SARs by magnetic media, rather than using a hard copy o f the new SAR or our software, you may do so by using specifications that will be available shortly. You may obtain these specifications by writing or calling Barbara Rosenberg, IRS Detroit Computing Center, 985 Michigan Avenue, Detroit, Michigan 48226, at (313) 234-1422. Those banking organizations that already file CTRs by magnetic tape will be receiving the specifications from the IRS Detroit Computing Center automatically. We anticipate that, within the next 60 days, the Federal Reserve, along with the other banking agencies and Treasury, will be issuing final suspicious activity reporting rules, distributing a final SAR, and inaugurating the new reporting system. Until the new reporting system and SAR are finalized, vour institution should continue to use the current Criminal Referral Form and to follow its instructions. These forms should be sent to: Joseph L. Galati II Manager Advisory and Technical Services Function Federal Reserve Bank o f New York 33 Liberty Street New York, NY 10045 Also, because you can no longer report suspicious currency transactions to the Treasury on that agency’s CTR form as o f October 1, 1995, due to a change in that form, your organization should use the current Criminal Referral Form to report suspicious financial transactions that would have previously been reported by checking the "suspicious” box on the old CTR form. FEDERAL RESERVE BANK OF NEW YORK 3 If you have any questions concerning the new form or reporting requirements, please contact Joseph E. Buckley, Supervising Examiner at (212) 720-2393 or Raymond J. Beers, Supervising Examiner at (212) 720-5924 o f the Advisory and Technical Services Function. Sincerely, Christine M. Cumming Senior Vice President Enclosure Suspicious A ctivity Report FR 22 3 0 67 1 0 /0 6 A FRB: FDIC: OMB No. 7 1 00 -021 2 OMB No. 3 0 64 -007 7 OCC: 80 10 -9,80 10-1 OTS: 366 NCUA: 2362 TREASURY: XXXXXXXXXX Expires September 30 , 1998 ALWAYS COMPLETE ENTIRE REPORT OMB OMB OMB OMB No. 1557-0180 No. 1 5 5 0 0 0 0 3 No. 3 1 3 3 -0 0 9 4 No. XXXX-XXXX 1 Check appropriate box: a EH Initial Report EH Corrected Report EH Supplemental Report c Reporting Financial Institution Information Part I 2 b 3 Name of Financial Institution 4 Address of Financial Institution 5 City 8 Address of Branch Office(s) where activity occured 6 State _ L 7 1 1 City 14 Account number(s) affected, if any 11 State 12 EH Federal Reserve □ □ NCUA OCC 1 A t»|5|pize of financial institution y|| * 10 EH FDIC Zip Code 1 ________ Primary Federal Regulator * Zip Code ^ iR •; j.lk , J fj| ' ^ 3 ** If institution closed^ia§|£iosed (M M DDYY) _________L _ _ . 15 Have>any,pf the^i^btution's^crxiunts related to this' ' ' If yes, identify j± Part II 16 17 Last Name or N 21 City *22 \.S, V -/F ;> .rV ' 3 25 State 27 ) % O c c u p a tio n s *^ 18 Zip Code Middle Initial 20 SSN or TIN (as applicable) 24 Date of Birth (M M DDYY) # 26 Phone Number - ResidenceXinclOde~area code) ( 23 First Name % Phone Number - W ork (include area code) ( ) ^ 8 28 Form*apQldentification for Suspect: n ^ n a LJ Driver's License e 29 b I_I Passport Num ber________________________ c EH Alien Registration f Issuing Authority___ □ Other Relationship to Financial Institution: a b c 30 EH Accountant EH Agent EH Appraiser d EH Attorney e [13 Borrower f EH Broker g h i EHCustomer j EH O fficer k EH Shareholder EH Director EHEmployee I EH Other______ 31 Is suspect still affiliated w ith the financial institution? a □ b Yes EH No )f nQ specjfjy / c □ t. d Suspended EH Terminated e □ Resigned Date of Suspension, 32 Admission/Confession Termination, Resigna a Yes b No tion (MMDDYY) EH EH Part III 33 Suspicious A ctivity Information 2 34 Date of suspicious activity (M M DDYY) Dollar amount involved in known or suspicious activity $ 35 Summary characterization of suspicious activity: a Bank Secrecy Act/Structuring/ g Counterfeit Check CD h Money Laundering 0 CD Counterfeit Credit/Debit Card b CD Bribery/Gratuity i d ] Counterfeit Instrument (other) c O j d Check Fraud CD Check Kiting e Q I Commercial Loan Fraud f CD Consumer Loan Fraud r CD Other 36 k Amount of loss prior to recovery (if applicable) 37 $ 39 m d ] Credit Card Fraud o p $ a CD Yes CD Mortgage Loan Fraud CD Mysterious Disappearance q EH W ire Transfer Fraud 38 a Has the institution's bonding company been notified? Misuse of Position or Self-Dealing CD Debit Card Fraud CD Defalcation/Embezzlement Dollar amount of recovery (if applicable) CD False Statement n O Has the suspicious activity had a m aterial impact on or otherwise affected the financial soundness of the institution? ED Y e s ^ b ED No b Q No P repare^ nfo rm at io n Part V 57 First Name 58 Middle Initial Title 60 61 Date (MMDDYY) Part VI Contact for Assistance (If different than preparer information in Part V) 56 59 62 Last Name 65 Title 63 Phone Number (include area code) ( ) First Name 66 Phone Number (include area code) ( 68 Agency (If applicable) ) 64 Middle Initial 67 Date (MMDDYY) Part V II Suspicious Activity information Expianation/Description Exptanation/description o f known or suspected violation o f law or suspicious financial transaction. This section of the referral is critical. The care w ith which it is w ritten may make the difference in whether or not the described conduct and its possible criminal nature are clearly understood. Provide below a chronological and complete account of the possible violation of law, including w hat is unusual, irregular or suspicious about the transaction, using the following checklist as you prepare your account. If necessary, continue the narrative on a duplicate of this page. a Describe supporting documentation end retain for 10 years, b Explain who benefited, financialty or otherw ise, from the transaction, how much, and how. Retain any confession, admission, or explanation of the transaction provided by the suspect and indicate to whom and when it was given. Retain any confession, admission, or explanation of the transaction provided by any other person and indicate to whom and when it was given. e Retain any evidence of cover-up or evidence o f an attempt to deceive federal or state examiners or others, f Indicate where the possible violation of law took place (e.g ., main office, branch, other), g Indicate whether the possible violation of law is an isolated incident or relates to another transaction h Indicate whether there is any related litigation; if so, specify. i Recommend any further investigation that might assist law enforcement authorities. j Indicate whether any information has been excluded from this referral; if so, why? For Bank Secrecy Act/Structuring/M oney Laundering reports, include the following additional information: k I indicate whether currency and/or monetary instruments were involved. If so, provide the amount and/or description. Indicate any account number th at may be involved or affected. "*** Suspicious Activity Report Instructions Federal law (31 U .S.C . 5318(g)(2) and (3)) provides that financial institutions, and their directors, officers, employees and agents, that disclose possible violations of law or regulation, including in connection w ith the preparation of suspicious activity reports, 'sh all not be liable to any person under any law or regulation of the United States or any constitution, law, or regulation of any State or political subdivision thereof, for such disclosure or for any failure to notify the person involved in the transaction or any other person of such disclosure.' This law prohibits ’ financial institutions, and their directors, officers, employees, and agents, from communicating that a disclosure of possible violations of the law or regulation has been made and the contents of such disclosure, including information reported in a suspicious activity report, to any person involved in the reported transaction. In situations involving violations requiring immediate attention, such as when a reportable violation is ongoing, the financial institution shall immediately notify, by telephone, the appropriate law enforcement authority in addition to filing a tim ely suspicious activity report. WHEN TO MAKE A REPORT: 1. AH financial institutions operating in the United States, including insur^Jb^ks associations, credit unions, bank holding companies, nonbank subsi^ companies, savings and loan service corporations, Edgi and agencies of foreign banks, are required to make avings and loan and thrift holding ns, and U.S. branches very of: criminal wol attem a. Suspected insider abuse involving any amount. ion or involvin' nducted of criminal violations, committed against tl ution has a subst^t%SKIfe|re*fbr identifying through the financial institution, wh r other institution-affrliatedro^ies (as defined in one of its directors, officers, ei ) and (5)) asJi^ a n ^ & n jn itte d or aided in the 12 U.S.C. 1 7 8 6 (r), or 18 i a ( j ^ n 9 k l i i a f ^ he amount in v o lv e s fS R ^ ro la tio n . commission of a crimin more wh< be identified. Any known or ^or pattern of orations, committed against the financial transaction or ahsk:onducted through the financial institution and jgjgpigating $ 5 ,0 0 0 or rmresuwiypas or other assets, where the financial institution w as either an actfl|J o ^ g fe n tia l victim of a criminal violation, or series of criminal or th a t the f i n a ^ i ^ ^ ^ u t i o n w as used to facilitate a criminal transaction, and that the financial institution has a& ^s& intial basis for identifying a possible suspect or group of suspects. If it is determined ^riog^^ilingronis report th at the identified suspect or group of suspects has used an "alias," t h § j i m ^ ^ n o n regarding the true identity of the suspect or group of suspects, as well as ** ' J ^ rs,TUJnibers and telephone numbers must be reported. b. Transactioi suspr c. Transactions aggregating $ 2 5 ,0 0 0 or more regardless of potential suspects. Any known or suspected criminal violation, or pattern of criminal violations, committed against the financial institution or involving a transaction or transactions conducted through the financial institution and involving or . aggregating $ 2 5 ,0 0 0 or more in funds or other assets, where the financial institution believes th at it was either an actual or potential victim of a criminal violation, or series of criminal violations, or that the financial institution was used to facilitate a criminal transaction, even though there is no basis for identifying a possible suspect or group of suspects. d. Money laundering, suspicious financial transactions, or violations of the Bank Secrecy Act. Any transaction conducted or attempted, at or through the financial institution, where the institution knows, suspects, or has reason to suspect th at, regardless of the identification of a potential suspect, whether currency was involved, or the amount involved in the transaction: i. The transaction involves funds derived from illegal activities or is intended or conducted in order to hide or disguise funds or assets derived from illegal activities (including, without limitation, the ownership, nature, source, location, or control of such funds or assets) as part of a plan to violate or evade any law or regulation or to avoid any transaction reporting requirement under federal law; ii. The transaction is designed to evade any regulations promulgated under the Bank Secrecy Act; or iii. The transaction or its details appear to have no business purpose, the transaction varies from the normal methods of financial commerce, or the transaction is not the sort in which the particular customer or class of customer would normally be expected to engage, and, in each case, the institution knows of no reasonable explanation for the transaction. The Bank Secrecy A ct requires ail financial institutions to file currency transaction reports (CTRs) in accordance with the Department of the Treasury's implementing regulations (31 CFR Part 103). These regulations require a financial institution to file a CTR whenever a currency transaction exceeds $ 1 0 ,0 0 0 . If a currency transaction exceeds $ 1 0 ,0 0 0 and is suspicious, the institution must file both a CTR (reporting the currency transaction) and a suspicious activity report (reporting the suspicious criminal aspect of the transaction). If a currency transaction equals or is below $ 1 0 ,0 0 0 and is suspicious, the institution should only file a suspicious activity report. 2 . Financial institutions are required to file this form no later than 3 0 calendar days after the date of initial ions, or suspicious detection of the known or suspected criminal violation or series of crimin incident triggering financial transaction. If no suspect was identified on the date of d suspicious activity the filing of this suspicious activity report, a financial iostitutio wever, in no case report for an additional 3 0 calendar days after the id e r ^ r ^ u o ^ N th ^ g b S p e c t the known) shall reporting be delayed more than 6 0 calendar daysg fter th< V &1 ancial transaction. suspected criminal violation or series of criminal violations, oi 3 . This form does not need to be filed for. authorities, or for lost, missing, coqqte; requirements of 17 CFR 2 4 Q J 7< ies and Durglaries th at arc securities that are repbrte rtecL a. ursuant to the H O W TO MAKE Q p to: C, PO Box 3 2 6 2 1 , do not applytor&fbi^which information is not available, leave blank. 3. Complete entirety, each even fo when the form is a correction or supplement. 4 . Do n o tfn d ^ & s u p p o rtin g documentation with the form. Identify and retain a copy of the form and all origi^TS u B ^ m n g documentation for 10 years from the date of the form. All supporting documentation should&&*made available to the appropriate authorities upon request. 5 . If the form is prepared by an agency examiner, send completed form, with a copy of related supporting documentation, to.your supervisor. The supervisor will ensure that the completed form is filed. 6. If more space is needed to complete an item (for example, to report an additional suspect or witness), a copy of the page containing the item should be used to provide the information. 7. Financial institutions are encouraged to provide copies of suspicious activity reports to state and local authorities, where appropriate. Paperwork Reduction Act Notice: The purpose of this form is to provide an effective and consistent means for financial institutions to notify appropriate law enforcement agencies of known or suspected criminal activities that take place at or were perpetrated against financial institutions. This report is required by law. Information collected on this form is confidential (S U.S.C. 552(b)(7) and S52a(k){2), and 31 U.S.C. 5318(g)). The Federal financial institutions regulatory agencies and the U.S. Departments of Justice and Treasury may use and share the information. Public reporting and recordkeeping burden far this information cotoction is estimated to average 4 0 minutes per response, and includes time to gather and maintain data in the required form, review the instructions, and complete the information collection. Send comments regarding this burden estimate, including suggestions for reducing the burden, to the Office of Management and Budget. Paperwork Reduction Protect, Washington, DC 2 0 5 0 3 and. depending on your primary Federal regulatory agency, to Secretary, Board of Governors of the Federal Reserve System, Washington, DC 2 0 5 5 1 ; or Assistant Executive Secretary, Federal Deposit Insurance Corporation. Washington, DC 2 0 4 2 9 ; or Legislative and Regulatory Analysis Division. Office of the Comptroller of the Currency. Washington, DC 2 0 2 1 9 : or Office of Thrift Supervision, Enforcement Office. Washington. DC 2 0 5 5 2 ; or National Credit Union Administration. 1 7 7 5 Duke Street. Alexandria. VA 2 2 3 1 4 ; or Office of the Director, Financial Crimes Enforcement Network, Department of the Treasury, 20 7 0 Chain Bridge Road. Vienna. VA 2 2 1 8 2 .