This guide is intended to assist federally recognized Indian tribes in exploring entry into the national banking system by establishing or acquiring control of a national bank.

Specifically, it:

• Provides background information to consider when entering banking.
• Outlines the Office of the Comptroller of the Currency’s (OCC’s) corporate application process.
• Summarizes supervision and oversight of national banks.
• Addresses operational issues relevant to tribally owned banks.
• Includes a glossary and a reference section, listing additional OCC publications and other resources.

Types of Charters
Financial Institutions
A tribal government interested in starting its own financial institution must first determine the type of charter that best suits its objectives. The most common charters are: national or state bank, federal or state savings association, federal or state savings bank, and federal or state credit union. Each charter offers different benefits.

Appendix A lists the regulatory agency that has licensing and primary regulatory authority for each charter. The banking industry is regulated closely because financial institutions are important to the economy and enjoy government-sponsored benefits, particularly federal deposit insurance. Banking laws govern the activities in which institutions may engage, and bank regulators monitor those activities closely to ensure that institutions conduct them in a safe and sound manner and without undue risk to the Federal Deposit Insurance Fund. Each potential entrant into banking must work closely with appropriate federal or state regulators to meet legal, policy, and procedural requirements.

National Banks
National banks are chartered by the OCC and are distinguished by the word “national” or the initials “N.A.” (national association) in their formal titles. They have many attributes. For example, they have broad lending authority and the ability to engage directly in a wide range of financial services activities.

In addition, national banks have the advantage of operating under the primary supervision of one regulatory agency. They also enjoy a strong reputation resulting from the high standards set by federal law and regulations.

The primary federal regulator of national banks is the Office of the Comptroller of the Currency. The OCC charters, regulates, and supervises national banks and federal branches and agencies of foreign banks in the United States. Those institutions account for more than half of the nation’s banking assets. The OCC’s mission is to ensure a safe, sound, and competitive national banking system that supports the citizens, communities, and economy of the United States.

Download A Guide to Tribal Ownership of a National Bank

PDF format, 752KB, 97Pages.

This guide, prepared by the Office of the Comptroller of the Currency (OCC), is intended to provide an introduction to tribal ownership of national banks.

The OCC encourages tribes and national banks to consult with counsel familiar with banking law, federal Indian law, and tribal law, as appropriate, to obtain specific advice on chartering, acquiring, or operating a national bank.

Office of the Comptroller of the Currency
Policy Statement on Minority-Owned National Banks

Recognizing the important role that minority-owned banks play in addressing financial services needs in the minority and low-income communities they serve, the Office of the Comptroller of the Currency (OCC) affirms its commitment to encouraging the success of these banks.

Consistent with the goals of Section 308 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA), which include preserving existing minority depository institutions and promoting the creation of new minority depository institutions, this statement outlines OCC policies and initiatives that further the ability of minority banks to prosper and meet the needs of their communities.

These policies complement the OCC’s overall mission of ensuring a safe, sound, and competitive banking system. ...

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