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TO: All Tennessee State Chartered Banks
SUBJECT: Closing of Bank Offices - TCA §45-2-603 and §45-2-604
DATE: August 5, 2009
This bulletin is intended to address specifically the issue of suspending bank office activity in response to possible H1N1 (swine flu) outbreaks and more generally to emergency powers of banks in response to disasters. Additionally, this bulletin provides certain guidance should a Tennessee state bank close certain offices under the authority of TCA §45-2-603 and §45-2-604 in the discretion of its directorate and management.
Banks organized under the laws of the State of Tennessee may, at their discretion, temporarily close offices or operations in areas affected by an emergency resulting from fire, act of God, attack by a foreign nation, riot, insurrection, civil disorder or any similar disaster without prior approval of the commissioner in accordance with TCA §45-2-603 and §45-2-604.
The Department of Financial Institutions considers bank determinations that H1N1 outbreaks pose legitimate health risks to the general public or significantly impacts the ability of a banking institution to maintain an appropriate level of personnel on site to meet customer needs to be included among any “similar disaster” as referenced in TCA §45-2-603. Other events may also be included among any similar disaster, and the directorate and executive management are encouraged to use reasonable discretion in applying TCA §45-2-603 and §45-2-604. However, the safety of institution personnel and local citizens are of paramount importance when evaluating the appropriateness of closing offices.
We encourage institutions to carefully monitor and consider any guidance issued by state and federal government authorities regarding such events. While TCA §45-2-603 and §45-2-604 do not require the Department’s prior approval for office closings in certain events, we do encourage institutions to notify both the Department as well as their primary federal regulator in as timely a manner as reasonably possible in the event of such a closing. Additionally, institutions should make a reasonable effort, in consideration of the public safety, to notify and accommodate customers.
This bulletin shall serve as notice that no specific prior approval from the Department is required for Tennessee state-chartered banks to be closed more than two consecutive business days should a Tennessee state-chartered bank, in its discretion, determine it is necessary to temporarily close the bank or an office of the bank in accordance with TCA §45-2-603 and §45-2-604, pursuant to an H1N1 outbreak or similar disaster.
Banks should be advised; however, that if the Federal Reserve is open that the Federal Reserve may continue to present cash items to banks even if a particular bank has exercised its discretion to close the bank or one of its offices in accordance with TCA §45-2-603 and §45-2-604. Please contact your respective Federal Reserve branch for further guidance.
Questions regarding this Bulletin should be addressed to Tod K. Trulove, Assistant Commissioner – Bank Division, at 615/741-6013 or Tina G. Miller, General Counsel, at 615/532-1030.
Greg Gonzales
Commissioner
Banks organized under the laws of the State of Tennessee may, at their discretion, temporarily close offices or operations in areas affected by an emergency resulting from fire, act of God, attack by a foreign nation, riot, insurrection, civil disorder or any similar disaster without prior approval of the commissioner in accordance with TCA §45-2-603 and §45-2-604.
Originally posted by Beach Bum
Every day it gets harder and harder to say I'm from Tennessee. Plenty of relatives there I miss but plenty of stupidity as well. This is not good.Got an e-mail from a friend saying the swine flu is spreading pretty close to my home town that worries me slightly. How can people fall for this it's a disease not the end of capitalism. Then again if Health Reform fails it's nice to have a plan B.
[edit on 10-04-08 by Beach Bum]
[edit on 10-04-08 by Beach Bum]
Originally posted by Alien Mind
Originally posted by Beach Bum
Every day it gets harder and harder to say I'm from Tennessee. Plenty of relatives there I miss but plenty of stupidity as well. This is not good.Got an e-mail from a friend saying the swine flu is spreading pretty close to my home town that worries me slightly. How can people fall for this it's a disease not the end of capitalism. Then again if Health Reform fails it's nice to have a plan B.
[edit on 10-04-08 by Beach Bum]
[edit on 10-04-08 by Beach Bum]
What i don't understand is why everyone gets so mad when the government tries to prepare for an emergency.
The moment an emergency happens and the government is NOT prepared for it ATS goes nuts.
Besides either you want the government to be prepared or not. you pick
[edit on 20-8-2009 by Alien Mind]
Originally posted by matth
Friggin' genius. Expected, but genius on their parts.
I swear to God they have their butts covered in every aspect of the game; and if they don't have a plan, they'll just create it out of thin air and the majority accepts it.
Using a non-existing threat of illness to cover your butts from the public seeing the collapse of a fatally flawed financial system. Genius.
Starred and flagged, great post as per usual!
Originally posted by Rockpuck
...I think I'm going to buy another gun tomorrow..
Originally posted by Beach Bum
Every day it gets harder and harder to say I'm from Tennessee. Plenty of relatives there I miss but plenty of stupidity as well. This is not good.Got an e-mail from a friend saying the swine flu is spreading pretty close to my home town that worries me slightly. How can people fall for this it's a disease not the end of capitalism. Then again if Health Reform fails it's nice to have a plan B.
[edit on 10-04-08 by Beach Bum]
[edit on 10-04-08 by Beach Bum]