[Code of Federal Regulations]
[Title 12, Volume 2]
[Revised as of January 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 12CFR208.71]

[Page 217-218]
 
                       TITLE 12--BANKS AND BANKING
 
                   CHAPTER II--FEDERAL RESERVE SYSTEM
 
PART 208_MEMBERSHIP OF STATE BANKING INSTITUTIONS IN THE FEDERAL RESERVE 
SYSTEM (REGULATION H)--Table of Contents
 
         Subpart G_Financial Subsidiaries of State Member Banks
 
Sec. 208.71  What are the requirements to invest in or control a 
financial subsidiary?

    Source: Reg. H, 66 FR 42933, Aug. 16, 2001, unless otherwise noted.

[[Page 218]]


    (a) In general. A state member bank may control, or hold an interest 
in, a financial subsidiary only if:
    (1) The state member bank and each depository institution affiliate 
of the state member bank are well capitalized and well managed;
    (2) The aggregate consolidated total assets of all financial 
subsidiaries of the state member bank do not exceed the lesser of:
    (i) 45 percent of the consolidated total assets of the parent bank; 
or
    (ii) $50 billion, which dollar amount shall be adjusted according to 
an indexing mechanism jointly established by the Board and the Secretary 
of the Treasury;
    (3) The state member bank, if it is one of the largest 100 insured 
banks (based on consolidated total assets as of the end of the previous 
calendar year), meets the debt rating or alternative requirement of 
paragraph (b) of this section, if applicable; and
    (4) The Board or the appropriate Reserve Bank has approved the bank 
to acquire the interest in or control the financial subsidiary under 
Sec. 208.76.
    (b) Debt rating or alternative requirement for 100 largest insured 
banks--(1) General. A state member bank meets the debt rating or 
alternative requirement of this paragraph (b) if:
    (i) The bank has at least one issue of eligible debt outstanding 
that is currently rated in one of the three highest investment grade 
rating categories by a nationally recognized statistical rating 
organization; or
    (ii) If the bank is one of the second 50 largest insured banks 
(based on consolidated total assets as of the end of the previous 
calendar year), the bank has a current long-term issuer credit rating 
from at least one nationally recognized statistical rating organization 
that is within the three highest investment grade rating categories used 
by the organization.
    (2) Financial subsidiaries engaged in financial activities only as 
agent. This paragraph (b) does not apply to a state member bank if the 
financial subsidiaries of the bank engage in financial activities 
described in Sec. 208.72(a)(1) and (2) only in an agency capacity and 
not directly or indirectly as principal.