Title 12Banks and BankingRelease 119-73

§1464a Election to operate as a covered savings association

Title 12 › Chapter CHAPTER 12— - SAVINGS ASSOCIATIONS › § 1464a

Last updated Apr 6, 2026|Official source

Summary

A Federal savings association that had $20,000,000,000 or less in total consolidated assets on December 31, 2017, as reported to the Comptroller, can choose to become a covered savings association by sending a notice to the Comptroller. The choice becomes effective 60 days after the Comptroller receives the notice unless the Comptroller says the bank is not eligible. Once approved, the bank gets the same powers and must follow the same rules, limits, and penalties as a national bank whose main office is where the savings association’s home office is. For corporate matters like incorporation, boards, mergers, conversions, conservatorship, and receivership, the bank is still treated as a Federal savings association. It may keep any branches or agencies it had when the election was approved. The Comptroller must make clear, simple rules for the process, including lists of required documents, timelines, how to handle assets or subsidiaries that don’t meet national bank rules, a transition plan or application to keep them, and how to end or repeat the election. If the bank grows beyond $20,000,000,000 after the election, it may stay a covered savings association under those rules.

Full Legal Text

Title 12, §1464a

Banks and Banking — Source: USLM XML via OLRC

(a)In this section, the term “covered savings association” means a Federal savings association that makes an election that is approved under subsection (b).
(b)(1)In accordance with the rules issued under subsection (f), a Federal savings association with total consolidated assets equal to or less than $20,000,000,000, as reported by the association to the Comptroller as of December 31, 2017, may elect to operate as a covered savings association by submitting a notice to the Comptroller of that election.
(2)A Federal savings association shall be deemed to be approved to operate as a covered savings association beginning on the date that is 60 days after the date on which the Comptroller receives the notice submitted under paragraph (1), unless the Comptroller notifies the Federal savings association that the Federal savings association is not eligible.
(c)Notwithstanding any other provision of law, and except as otherwise provided in this section, a covered savings association shall—
(1)have the same rights and privileges as a national bank that has the main office of the national bank situated in the same location as the home office of the covered savings association; and
(2)be subject to the same duties, restrictions, penalties, liabilities, conditions, and limitations that would apply to a national bank described in paragraph (1).
(d)A covered savings association shall be treated as a Federal savings association for the purposes—
(1)of governance of the covered savings association, including incorporation, bylaws, boards of directors, shareholders, and distribution of dividends;
(2)of consolidation, merger, dissolution, conversion (including conversion to a stock bank or to another charter), conservatorship, and receivership; and
(3)determined by regulation of the Comptroller.
(e)A covered savings association may continue to operate any branch or agency that the covered savings association operated on the date on which an election under subsection (b) is approved.
(f)The Comptroller shall issue rules to carry out this section—
(1)that establish streamlined standards and procedures that clearly identify required documentation and timelines for an election under subsection (b);
(2)that require a Federal savings association that makes an election under subsection (b) to identify specific assets and subsidiaries that—
(A)do not conform to the requirements for assets and subsidiaries of a national bank; and
(B)are held by the Federal savings association on the date on which the Federal savings association submits a notice of the election;
(3)that establish—
(A)a transition process for bringing the assets and subsidiaries described in paragraph (2) into conformance with the requirements for a national bank; and
(B)procedures for allowing the Federal savings association to submit to the Comptroller an application to continue to hold assets and subsidiaries described in paragraph (2) after electing to operate as a covered savings association;
(4)that establish standards and procedures to allow a covered savings association to—
(A)terminate an election under subsection (b) after an appropriate period of time; and
(B)make a subsequent election under subsection (b) after terminating an election under subparagraph (A);
(5)that clarify requirements for the treatment of covered savings associations, including the provisions of law that apply to covered savings associations; and
(6)as the Comptroller determines necessary in the interests of safety and soundness.
(g)Subject to the rules issued under subsection (f), a covered savings association may continue to operate as a covered savings association if, after the date on which the election is made under subsection (b), the covered savings association has total consolidated assets greater than $20,000,000,000.

Reference

Citations & Metadata

Citation

12 U.S.C. § 1464a

Title 12Banks and Banking

Last Updated

Apr 6, 2026

Release point: 119-73