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Ex. SEC-13-GM-027 Organizer notice Confirmed from a secondary source

ABA Banking Journal, 'OCC Rule Clarifies Virtual Meeting Options for National Banks, Federal Thrifts' (May 27, 2020)

Annual and special meetings of shareholders of national banks, federal savings associations, State banks and bank holding companies (class)

each institution's board, under the OCC's rules (12 C.F.R. §§ 5.22, 7.2001), State corporation and banking law and the federal proxy rules · every State (headquarters, branches, hotels), ALL (Organizer)

The COVID Project

The record

Jurisdiction
every State (headquarters, branches, hotels), ALL
Level
Organizer
Issued
2020-05-27 May 27, 2020
In force
May 27, 2020 (the notice's date)
Quarters
2020 Q2
Functions reached
  • OP
  • CB
  • MK
Collection
Financial Services SEC-13

Operative words

'The OCC recognizes the recent coronavirus disease 2019 (COVID-19) emergency. Health and safety advisories declared in response to the COVID-19 emergency' made in-person meetings infeasible (Ex. SEC-13-GM-026); 'health, transportation, and other logistical issues raised by the spread of coronavirus disease 2019 (COVID-19)' (Ex. SEC-13-GM-029)

The organizer's notice

ABA Banking Journal, 'OCC Rule Clarifies Virtual Meeting Options for National Banks, Federal Thrifts' (May 27, 2020)

Notes

2020: OCC interim final rule, Director, Shareholder, and Member Meetings, 85 Fed. Reg. 31943 (May 28, 2020), effective on publication, to 'permit telephonic and electronic' participation and 'enable national banks and Federal savings associations to conduct necessary meetings remotely during the COVID-19 emergency as well as during any other future emergency when in-person meetings may not be feasible' (Exs. SEC-13-GM-026, -027); OCC Bulletin 2020-51 (May 12, 2020) (Ex. AGY-FED-FINANCIAL-019); SEC staff guidance of Mar. 13, 2020, updated Apr. 7, 2020, on changing 'the Date, Time, or Location of a Shareholder Meeting' and holding 'virtual' or 'hybrid' meetings 'in light of health, transportation, and other logistical issues raised by the spread of coronavirus disease 2019 (COVID-19)' (Ex. SEC-13-GM-029); State emergency orders suspending in-person meeting requirements (e.g., New York EO 202.8, Mar. 20, 2020, Ex. SEC-13-046). 2021: The OCC rule 'permanently amends OCC rules about telephonic or electronic participation' (Ex. SEC-13-GM-027); the SEC guidance remained in effect through 2021 (updated Jan. 19, 2022). Usual dates: Annual, chiefly April-June. Scale: 4,951 FDIC-insured institutions at June 30, 2021. Venue orders 2020: NY-005, CA-002, IL-005, TX-008, FL-010, DC-006, PA-005, MI-011, MA-032. Venue orders 2021: DC-016, IL-079, CA-017, MET-NYC-017, MET-SFO-011.