Bank Branch and ATM Requirements - Financial Regulation
Last reviewed/updated: August 1, 2024
Establish a New Bank Branch in Maryland
- Maryland State-Chartered Bank – Maryland state-chartered banks must submit the Uniform Interstate Application/Notice to the Office of Financial Regulation (OFR) at least 30 days before the intended opening date of the new branch. An expedited notice provision may be an option for some Maryland state-chartered banks. Please see Md. Code Ann., Fin. Inst. (“FI”) § 5-1005(b) to determine if an expedited notice process is applicable to the bank submitting the application. The bank must concurrently submit with the application the $600 standard fee or the $400 expedited fee. The OFR encourages all applicant banks to pay the application fee by wire transfer. Please see the contact information below for instructions regarding who to contact for wire instructions. The fee may also be paid by check made payable to the “Office of Financial Regulation” and mailed to the OFR. The applicant bank must include in the application/notice whether the new location will be a leased or owned property, the total amount invested in new real property, and any improvements being made. The bank must also provide a calculation to determine compliance with FI § 5-503. The OFR encourages banks to use FDICconnect, the FDIC’s electronic filing of branch applications as described in FIL-96-2003.
- Other-State Bank – The other-state bank must provide the OFR with a copy of the branch application within 15 days of filing with the bank’s home state and federal regulator. The other-state bank must qualify with the Maryland State Department of Assessments and Taxation pursuant to § 7-203 of the Corporations and Associations Article before operating a branch and transacting business in Maryland as a foreign corporation. An other-state bank opening a branch in Maryland is only required to submit a new branch application fee when the other-state bank’s home state regulator would charge a fee to a Maryland bank establishing a branch in that state. Please refer to FI § 2-108(b) for required fees.
- National Bank – A national bank opening a branch in Maryland should refer to and comply with the requirements of its federal regulator. The OFR requests that each national bank opening a branch in Maryland provide a courtesy notice to the OFR within 15 days of the branch opening.
Discontinue a Bank Branch (Permanent Closure)
- Maryland State-Chartered Bank – Maryland state-chartered banks closing a branch should follow applicable FDIC branch closing requirements. A Maryland state-chartered bank is required to provide notice of its intention to permanently close a branch along with copies of the documentation provided to the FDIC or Federal Reserve Bank at least 30 days before the intended permanent closure.
- Other-State Bank or National Bank – An other-state bank or national bank closing a branch in Maryland should follow the branch closing requirements of the appropriate state and federal bank supervisory agencies. The OFR requests that each national bank closing a branch in Maryland provide a courtesy notification.
Relocate an Existing Bank Branch
A Maryland state-chartered bank branch relocation is considered to be a relocation if the proposed branch location is located within one (1) mile of the current branch location. If the distance between the proposed branch location and the current branch location is greater than one mile a new branch application is required. If the distance between the proposed branch and the current branch location necessitates a new branch application a payment of the application fee is required. A Maryland state-chartered bank is required to provide notice of a branch relocation to the OFR along with copies of the documentation provided to the FDIC or Federal Reserve Bank at least 30 days before the intended relocation.
Relocate the Bank’s Main Office
A Maryland state-chartered bank must follow FDIC or Federal Reserve Bank requirements to relocate the bank’s main office and provide the OFR with a copy of the documents provided to the FDIC or Federal Reserve Bank. A Maryland state-chartered bank is required to provide notice of its intention to relocate its main office to the OFR along with copies of the documentation provided to the FDIC or Federal Reserve Bank at least 30 days before the intended relocation.
ATM (Establish)
Maryland state-chartered banks and other state-chartered banks must provide written notice 15 days prior to the installation of an automated teller machine at a location other than the principal office or bank branch.
- Foreign Banking Corporation – Refer to FI §1-405.
- Close an ATM - No notice to the OFR is required to close an ATM.
- Refer to Md. Code Ann., Fin. Inst., Title 1, Subtitle 4 for ATM safety and other requirements.
Seasonal or Limited Operating Days
A Maryland state-chartered bank may request the OFR’s permission to operate a branch seasonally or for fewer business days than required by Maryland law. Please refer to FI §5-703. These branches are typically in vacation areas, retirement communities, or university campuses. A Maryland state-chartered bank is required to provide notice of its request to operate a branch for fewer hours than required by Maryland law along with copies of the documentation provided to the FDIC or Federal Reserve Bank at least 30 days before the intended change.
Emergency and Temporary Bank Closures
If it is necessary to completely and entirely close the bank due to an emergency, Maryland law [Md. Code Ann., Fin. Inst. §§ 5-707(c) and 6-711] places certain notice requirements on Maryland state-chartered banks and credit unions. Please review the Emergency Preparedness Guide for Maryland State-Chartered Banks, Credit Unions, and Trust Companies for instructions that cover notice requirements if the bank is completely closed. If there are one or more branches still operating, the institution only needs to notify OFR.
Additional Resources
- Refer to FI §5-1001 et seq. for branches and FI §1-401 et seq. for the establishment of an automated teller machine.
- Maryland state-chartered banks should refer to FI §5-503 for investment in real property and furnishings.
- Refer to the FDIC Resource page for more information about establishing, relocating, or closing an office.
- More information for depository institutions is available on the Banks, Credit Unions and Trust Companies page.
Contact
- For questions about filing an application or paying an application fee, contact Stephen Clampett, Assistant Commissioner, by phone at (410) 230-6104 or by email at stephen.clampett1@maryland.gov.
- Applications should be sent via email to stephen.clampett1@maryland.gov
Laws, Rules, and Regulations
Banking institutions are expected to be knowledgeable about and in compliance with Maryland banking laws, and any other applicable State or Federal statutes, rules, and regulations. Maryland laws, rules, and regulations can be found by accessing the Annotated Code of Maryland and Rules and Code of Maryland Regulations (COMAR). Certain relevant Maryland laws, rules, and/or regulations include (Note: this is not a comprehensive list):
- Maryland Code, Financial Institutions Article, Title 1, Subtitle 4 (Automated Teller Machines)
- Maryland Code, Financial Institutions Article, Title 5, Subtitle 7 (Branch Hours and Emergencies)
- Maryland Code, Financial Institutions Article, Title 5, Subtitle 10 (Bank Branches)
- COMAR 36.03.03.07 (ATM Placement Limitations)