Electronic Filing by Banks Reporting to the FDIC Under The Securities Exchange Act of 1934 and Part 335 of the FDIC's Regulations Voluntary Transition Period for Publicly Owned FDIC-Supervised Banks

Highlights: 

• The Part 335 electronic filing system eliminates the need for paper filings of certain securities disclosure documents by FDIC-supervised banks subject to reporting under the Securities Exchange Act of 1934 (Exchange Act) and Part 335 of the FDIC's regulations.
• The current voluntary transition period will allow such banks to familiarize themselves with the Part 335 electronic filing system and offer comments and suggestions for enhancing the system before the FDIC considers making electronic filing mandatory for securities disclosure filings (other than beneficial ownership reports that already must be filed electronically), which will not be before 2012.
• The availability of electronic filing in lieu of submitting paper reports may give banks more time to prepare the Current Report on Form 8-K and other required Exchange Act reports that have short deadlines for receipt by the FDIC.
• The Part 335 electronic filing system will improve public access to Exchange Act disclosures submitted to the FDIC. Public disclosure documents filed electronically with the FDIC may be viewed and downloaded at https://efr.fdic.gov/fcxweb/efr/index.html .

Continuation of FIL-40-2011 

Distribution: 
FDIC-Supervised Banks (Commercial and Savings) 

Suggested Routing: 
Chief Executive Officer 
Chief Financial Officer 
Board of Directors 
Principal Shareholders 

Note: 
FDIC financial institution letters (FILs) may be accessed from the FDIC's Web site at www.fdic.gov/news/financial-institution-letters/2011/index.html . 

To receive FILs electronically, please visit http://www.fdic.gov/about/subscriptions/fil.html . 

Paper copies of FDIC financial institution letters may be obtained via the FDIC's Public Information Center, 3501 Fairfax Drive, E-1002, Arlington, VA 22226 (877-275-3342 or 703-562-2200).

Additional Related Topics:

• Securities of Nonmember Insured Banks
• 12 CFR Part 335

Instructions for Filing and Viewing Securities Disclosure Documents 

Reporting by FDIC-supervised Banks Using the Part 335 Electronic Filing System 

FDIC-supervised banks whose equity securities are registered with the FDIC under the Securities Exchange Act of 1934 (Exchange Act) and Part 335 of the FDIC's regulations (registered banks) may use FDIC Connect to access the Part 335 electronic filing system for all reporting under the Exchange Act and Part 335. Periodic reports, such as Forms 10-K, 10-Q, and 8-K, all other Exchange Act reports, proxy solicitation material (preliminary and final), and all associated correspondence from banks or their representatives may be submitted electronically to the FDIC using the Part 335 electronic filing system. When reports and correspondence have been filed via the electronic filing system, paper copies of these documents need not be submitted to the FDIC.

To File Securities Disclosure Documents and Related Correspondence Using the Part 335 Electronic Filing System Within FDIC connect 

Go to https://www.fdicconnect.gov/ and click Sign In . After signing in to FDIC Connnect, go to Reporting Required by the Securities Exchange Act under the "Applications, Filings and Institution Information" tab.

Next, select the type of document to be filed (e.g., Form 10-K Annual Report, Preliminary Proxy/Information Statement, and Nonpublic Correspondence) from the Item Name drop down menu and click Continue. If the Web page that appears correctly identifies the FDIC-supervised registered bank for which a document is being filed and the type of document to be filed, then click Continue. 

On the next Web page, after updating the filing information, if necessary, click Add Files. On the next Web page, select the "File Type" on the drop down menu (i.e., Report, Proxy Material, or Correspondence) and then designate the appropriate "File Status" for the document to be filed, either Non-confidential (Public Files) for all public filings or Confidential (To Agency Staff) for general correspondence and the nonpublic portions of Confidential Treatment Requests.

Next, click Browse and select the document to be filed with the FDIC from your computer and click Insert or Open, depending on your computer system. The document's file name will appear in the "Original File Name" field. If the correct file name is shown, then click Attach File. The name of the attached file will then be identified in the "Attached Files" section of this Web page. The electronic filing system will enable you to attach additional documents that you wish to submit at the same time.

You will also be able to navigate the screens so that you may Preview the list of attached file(s) and either Submit the attached file(s) to the FDIC or Remove any attached file without submitting it.

Reports and other documents that require a signature should be signed manually and retained by the filer (bank, individual, or other legal entity). Electronically submitted documents should show "conformed" printed signatures for each person who has manually signed the original document.

FDIC-supervised banks are encouraged to submit comments about their experience with the Part 335 electronic filing system to PublicBankReports@fdic.gov .

To View and Download a Publicly Available Securities Exchange Act Filing for an FDIC-supervised Registered Bank 

Go to https://efr.fdic.gov/fcxweb/efr/index.html . From this Web page, which includes a link to a list of FDIC-supervised banks currently reporting to the FDIC under the Exchange Act and Part 335, click Search for Other Part 335 Filings by FDIC-Supervised Banks. On the Search page, search for a filing either by Institution Name, Filing Date, or FDIC Certificate Number. Enter the specified information in the appropriate Search fields and click Find. 

Publicly available securities disclosure documents filed on paper with the FDIC by FDIC-supervised registered banks may be obtained upon written request to the FDIC, Accounting and Securities Disclosure Section, 550 17th Street, NW, Washington, DC 20429, or by email at PublicBankReports@FDIC.gov . There may be a charge for paper copies.

Sandra L. Thompson

Director

Risk Management Supervision