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Federal Register / Vol. 86, No. 2 / Tuesday, January 5, 2021 / Notices MAXIMUM CIVIL MONEY PENALTY AMOUNTSContinued Current maximum CMP
through January 14, 2021

U.S. code citation
12
12
12
12
12
12
12
12

12
15

15
31
42

U.S.C. 1820e4
U.S.C. 1820k6
U.S.C. 1828a3
U.S.C. 1828h: 15
For assessments <$10,000
U.S.C. 1829bj
U.S.C. 1832c
U.S.C. 1884
U.S.C. 19722F:
Tier One CMP
Tier Two CMP
Tier Three CMP 16
U.S.C. 3909d
U.S.C. 78u2:
Tier One CMP individuals
Tier One CMP others
Tier Two CMP individuals
Tier Two CMP others
Tier Three CMP individuals
Tier Three CMP others
U.S.C. 1639ek:
First violation
Subsequent violations
U.S.C. 3802
U.S.C. 4012af

Current presumptive CMP
through January 14, 2021

CFR citation
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12 CFR 308.132e1i:
Institutions with $25 million or more in assets:
1 to 15 days late
16 or more days late
Institutions with less than $25 million in assets:
1 to 15 days late 17
16 or more days late 18
12 CFR 308.132e1ii:
Institutions with $25 million or more in assets:
1 to 15 days late
16 or more days late
Institutions with less than $25 million in assets:
1 to 15 days late
16 or more days late
12 CFR 308.132e2
12 CFR 308.132e3:
6 The maximum penalty amount is per day, unless otherwise indicated.
7 12 U.S.C. 1464v provides the maximum CMP
amounts for the late filing of certain Call Reports.
In 2012, however, the FDIC issued regulations that further subdivided these amounts based upon the size of the institution and the lateness of the filing.
See 77 FR 74573, 7457678 Dec. 17, 2012, codified at 12 CFR 308.132e1. These adjusted subdivided amounts are found at the end of this chart.
8 The maximum penalty amount for an institution is the lesser of this amount or 1 percent of total assets.
9 12 U.S.C. 1817a provides the maximum CMP
amounts for the late filing of certain Call Reports.
In 1991, however, the FDIC issued regulations that
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Adjusted maximum CMP 6
beginning January 15, 2021

9,365
337,016
127

9,476
341,000
129

127
21,410
2,976
297

129
21,663
3,011
301

10,245
51,222
2,048,915
2,549

10,366
51,827
2,073,133
2,579

9,639
96,384
96,384
481,920
192,768
963,837

9,753
97,523
97,523
487,616
195,047
975,230

11,767
23,533
11,665
2,226

11,906
23,811
11,803
2,252

Adjusted presumptive CMP
beginning January 15, 2021

$562
$1,124

$569.
$1,137.

$188
$374

$190.
$378.

$936
$1,872

$947.
$1,894.

1/50,000th of the institutions total assets
1/25,000th of the institutions total assets
$40,979

1/50,000th of the institutions total assets.
1/25,000th of the institutions total assets.
$41,463.

further subdivided these amounts based upon the size of the institution and the lateness of the filing.
See 56 FR 37968, 3799293 Aug. 9, 1991, codified at 12 CFR 308.132e1. These adjusted subdivided amounts are found at the end of this chart.
10 The maximum penalty amount for an institution is the lesser of this amount or 1 percent of total assets.
11 The maximum penalty amount for an institution is the lesser of this amount or 1 percent of total assets.
12 The maximum penalty amount for an institution is the lesser of this amount or 1 percent of total assets.
13 These amounts also apply to CMPs in statutes that cross-reference 12 U.S.C. 1818, such as 12
U.S.C. 2601, 2804b, 3108b, 3349b, 4009a,
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4309a, 4717b; 15 U.S.C. 1607a, 1681sb, 1691b, 1691ca, 1693oa; and 42 U.S.C. 3601.
14 The maximum penalty amount for an institution is the lesser of this amount or 1 percent of total assets.
15 The $129-per-day maximum CMP under 12
U.S.C. 1828h, for failure or refusal to pay any assessment, applies only when the assessment is less than $10,000. When the amount of the assessment is $10,000 or more, the maximum CMP
under section 1828h is 1 percent of the amount of the assessment for each day that the failure or refusal continues.
16 The maximum penalty amount for an institution is the lesser of this amount or 1 percent of total assets.

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