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Code · CFR · Title 12 — Banks and Banking · Part 1410 — Premiums · § 1410.5

§ 1410.5. Delinquent premium payments and premium overpayments.

418 words·~2 min read·/us/cfr/t12/s§ 1410.5·

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(a)Delinquent payments. Each insured bank shall pay to the Corporation interest on delinquent premium payments. All premiums will be considered delinquent if they are received after the time for payment specified in § 1410.4 of this part, including late payments caused by bank errors in the certified statement. The interest rate will be the United States Treasury Department's current value of funds rate, which is issued under the Treasury Fiscal Requirements Manual (TFRM rate) and published quarterly in the Federal Register. The interest rate will be determined as follows:
(1)Current year.
(i)For delinquent days occurring on or prior to March 31, the rate will be the TFRM rate that is published in the preceding December.
(ii)For delinquent days occurring from April 1 to June 30, the rate will be the TFRM rate that is published in March for the second quarter of the year.
(iii)For delinquent days occurring from July 1 to September 30, the rate will be the TFRM rate that is published in June for the third quarter.
(iv)For delinquent days occurring from October 1 to December 31, the rate will be the TFRM rate that is published in September for the fourth quarter.
(2)Prior years. The interest will be calculated quarterly and compounded annually at the rates applicable for each quarter as issued under the TFRM. For the initial year, the rate will be applied to the gross amount of the delinquent payment. For each additional year or portion thereof the rate will be applied to the net amount of the delinquent payment after it has been reduced by any premium credit under paragraph
(c)of this section.
(b)Other rights and remedies. Payment of the interest specified in paragraph
(a)of this section does not affect any other rights and remedies available to the Corporation.
(c)Overpayments. To the extent that any payment by a bank exceeds the required amount:
(1)The excess shall be credited against future premium payments by the bank which overpaid; or, (2)(i) Upon written request to the Corporation by the bank which overpaid, the excess shall be refunded to the bank within 30 days of receipt of the written request; and
(ii)If the Corporation fails to make a refund within such 30-day period, and the Corporation determines that a refund is in order, the Corporation shall pay to the bank interest on the amount of the overpayment, from the end of such 30-day period through the date the refund is issued.
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