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FDIC Law, Regulations, Related Acts


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6000 - Bank Holding Company Act


IV. Minimum Supervisory Ratios and Standards

  The interim and final supervisory standards set forth below specify minimum supervisory ratios based primarily on broad credit risk considerations. As noted above, the riskbased ratio does not take explicit account of the quality of individual asset portfolios or the range of other types of risks to which banking organizations may be exposed, such as interest rate, liquidity, market or operational risks. For this reason, banking organizations are generally expected to operate with capital positions well above the minimum ratios.
  Institutions with high or inordinate levels of risk are expected to operate well above minimum capital standards. Banking organizations experiencing or anticipating significant growth are also expected to maintain capital, including tangible capital positions, well above the minimum levels. For example, most such organizations generally have operated at capital levels ranging from 100 to 200 basis points above the stated minimums. Higher
{{10-31-07 p.6120.16-B}}capital ratios could be required if warranted by the particular circumstances or risk profiles of individual banking organizations. In all cases, organizations should hold capital commensurate with the level and nature of all of the risks, including the volume and severity of problem loans, to which they are exposed.
  Upon adoption of the risk-based framework, any organization that does not meet the interim or final supervisory ratios, or whose capital is otherwise considered inadequate, is expected to develop and implement a plan acceptable to the Federal Reserve for achieving an adequate level of capital consistent with the provisions of these guidelines or with the special circumstances affecting the individual organization. In addition, such organizations should avoid any actions, including increased risk-taking or unwarranted expansion, that would lower or further erode their capital positions.

A.  Minimum Risk-Based Ratio After Transition Period
  As reflected in attachment VI, by year-end 1992, all bank holding companies should meet a minimum ratio of qualifying total capital to weighted risk assets of 8 percent, of which at least 4.0 percentage points should be in the form of Tier 1 capital. For purposes of section IV.A., Tier 1 capital is defined as the sum of core capital elements less goodwill and other intangible assets required to be deducted in accordance with section II.B.1.b. of this appendix. The maximum amount of supplementary capital elements that qualifies as Tier 2 capital is limited to 100 percent of Tier 1 capital. In addition, the combined maximum amount of subordinated debt and intermediate-term preferred stock that qualifies as Tier 2 capital is limited to 50 percent of Tier 1 capital. Allowances for loan and lease losses in excess of this limit may, of course, be maintained, but would not be included in an organization's total capital. The Federal Reserve will continue to require bank holding companies to maintain reserves at levels fully sufficient to cover losses inherent in their loan portfolios.
  Qualifying total capital is calculated by adding Tier 1 capital and Tier 2 capital (limited to 100 percent of Tier 1 capital) and then deducting from this sum certain investments in banking or finance subsidiaries that are not consolidated for accounting or supervisory purposes, reciprocal holdings of banking organizations' capital securities, or other items at the direction of the Federal Reserve. The conditions under which these deductions are to be made and the procedures for making the deductions are discussed above in section II(B).

  B.  Transition Arrangements
  The transition period for implementing the risk-based capital standard ends on December 31, 1992.
64 Initially, the risk-based capital guidelines do not establish aminimum level of capital. However, by year-end 1990, banking organizations are expected to meet a minimum interim target ratio for qualifying total capital to weighted risk assets of 7.25 percent, at least one-half of which should be in the form of Tier 1 capital. For purposes of meeting the 1990 interim target, the amount of loan loss reserves that may be included in capital is limited to 1.5 percent of weighted risk assets and up to 10 percent of an organization's Tier 1 capital may consist of supplementary capital elements. Thus, the 7.25 percent interim target ratio implies a minimum ratio of Tier 1 capital to weighted risk assets of 3.6 percent (one-half of 7.25) and a minimum ratio of core capital elements to weighted risk assets ratio of 3.25 percent (nine-tenths of the Tier 1 capital ratio).
  Through year-end 1990, banking organizations have the option of complying with the minimum 7.25 percent year-end 1990 risk-based capital standard, in lieu of the minimum 5.5 percent primary and 6 percent total capital to total assets ratios set forth in appendix B of this part. In addition, as more fully set forth in appendix D to this part, banking organizations are expected to maintain a minimum ratio of Tier 1 capital to total assets during this transition period.
{{12-31-08 p.6120.17}}


Attachment I.—Sample Calculation of Risk-Based Capital Ratio for Bank Holding Companies
Example of a banking organization with $6,000 in total capital and the following assets and off-balance sheet items:
Balance Sheet Assets:
Cash $ 5,000
U.S. Treasuries 20,000
Balances at domestic banks 5,000
Loans secured by first liens on 1--4 family residential properties 5,000
Loans to private corporations 65,000
Total Balance Sheet Assets $100,000
Off-Balance Sheet Items:
Standby letters of credit ("SLCs") backing general obligation debt issues of U.S. municipalities ("GOs") $10,000
Long-term legally binding commitments to private corporations 20,000
Total Off/Balance Sheet Items $30,000
This bank holding company's total capital to total assets (leverage) ratio would be: ($6,000/$100,000) = 6.00%.
To compute the bank holding company's weighted risk assets:
1. Compute the credit equivalent amount of each off-balance sheet ("OBS") item.
OBS item Face value Conversion factor Credit equivalent amount
SLCS backing municipal GOs $10,000 × 1.00 = $10,000
Long-term commitments to private corporations $20,000 × 0.50 = $10,000
2. Multiply each balance sheet asset and the credit equivalent amount of each OBS item by the appropriate risk weight.
0% Category:
Cash 5,000
U.S. Treasuries 20,000
25,000 × 0 = 0
20% Category:
Balances at domestic banks 5,000
Credit equivalent amounts of SLCs backing GOs of U.S. municipalities 10,000
15,000 × .20 = $3,000
50% Category:
Loans secured by first liens on 1--4 family residential properties 5,000 × .50 = $2,500
100% Category:
Loans to private corporations 65,000
Credit equivalent amounts of long-term committments to private corporations 10,000
$75,000 × 1.00 = 75,000
Total Risk-weighted Assets 80,500
This bank holding company's ratio of total capital to weighted risk assets (risk-based capital ratio) would be: ($6,000/$80,500) = 7.45%

{{12-31-08 p.6120.18}}

[Codified to 12 C.F.R. Part 225, Appendix A]

[Appendix A added at 54 Fed. Reg. 4209, January 27, 1989, effective March 15, 1989; amended at 55 Fed. Reg. 32832, August 10, 1990, effective September 10, 1990; 57 Fed. Reg. 2012, January 17, 1992; 57 Fed. Reg. 43890, September 23, 1992; 57 Fed. Reg. 60720, December 22, 1992; 57 Fed. Reg. 62180, December 30, 1992; 58 Fed. Reg. 7980, February 11, 1993, effective March 15, 1993; 58 Fed. Reg. 28492, May 14, 1993, effective April 26, 1993; 58 Fed. Reg. 68739, December 29, 1993, effective December 31, 1993; 59 Fed. Reg. 62992, December 7, 1994, effective December 31, 1994; 59 Fed. Reg. 63241, December 8, 1994, effective December 31, 1994; 59 Fed. Reg. 65926, December 22, 1994, effective January 1, 1995; 60 Fed. Reg. 8181, February 13, 1995, effective March 22, 1995; 60 Fed. Reg. 39230, August 1, 1995; 60 Fed. Reg. 45616, August 31, 1995, effective September 1, 1995; 60 Fed. Reg. 46179, September 5, 1995, effective October 1, 1995; 60 Fed. Reg. 66045, December 20, 1995, effective April 1, 1996; 61 Fed. Reg. 47372, September 16, 1996, effective January 1, 1997; 63 Fed. Reg. 42676, August 10, 1998, effective October 1, 1998; 63 Fed. Reg. 46522, September 1, 1998, effective October 1, 1998; 63 Fed. Reg. 58621, November 2, 1998; 66 Fed. Reg. 59643, November 29, 2001, effective January 1, 2002; 67 Fed. Reg. 3800, January 25, 2002, effective April 1, 2002; 67 Fed. Reg. 16978, April 9, 2002, effective July 1, 2002; 67 Fed. Reg. 34991, May 17, 2002, effective July 1, 2002; 68 Fed. Reg. 56535, October 1, 2003, effective October 1, 2003; 69 Fed. Reg. 22385, April 26, 2004; 69 Fed. Reg. 44919, July 28, 2004, however, any banking organization may elect to adopt, as of July 28, 2004, the capital treatment described in this final rule for assets in ABCP programs that are consolidated onto the balance sheets of sponsoring banking organizations as a result of FIN 46--R. All liquidity facilities that provide support to ABCP will be treated as "eligible ABCP liquidity facilities," regardless of their compliance with the definition of "eligible ABCP liquidity facilities" in the final rule, until September 30, 2005. On that date and thereafter, liquidity facilities that do not meet the final rule's definition of "eligible ABCP liquidity facility" will be treated as recourse obligations or direct credit substitutes; 70 Fed. Reg. 11834, March 10, 2005, effective April 11, 2005; 70 Fed. Reg. 20704, April 21, 2005; 71 Fed. Reg. 9902, February 28, 2006, effective March 30, 2006; 73 Fed. Reg. 55708, September 26, 2008, effective September 19, 2008; 73 Fed. Reg. 62583, October 22, 2008, effective October 17, 2008; 73 Fed. Reg. 63624, October 27, 2008; 73 Fed. Reg. 79606, December 30, 2008, effective January 29, 2009, applicability date for banking organizations may elect to apply this final rule for purposes of the regulatory reporting period ending on December 31, 2008]


  64 As noted in section I, bank holding companies with less than $500 million in consolidated assets would generally be exempt from the calculation and analysis of risk-based ratios on a consolidated holding company basis, subject to certain terms and conditions.
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