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FIL-115-97 Attachment

[Federal Register: October 27, 1997 (Volume 62, Number 207)]

[Proposed Rules]

[Page 55681-55686]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr27oc97-27]


 

[[Page 55681]]












 

_______________________________________________________________________


 

Part III


 

Department of the Treasury

Office of the Comptroller of the Currency


 

12 CFR Part 3


 

Federal Reserve System


 

12 CFR Parts 208 and 225


 

Federal Deposit Insurance Corporation


 

12 CFR Part 325


 

Department of the Treasury

Office of Thrift Supervision


 

12 CFR Part 567


 

_______________________________________________________________________


 

Risk Based Capital Standards: Unrealized Holding Gains on Certain

Equity Securities; and Construction Loans on Presold Residential

Properties, Junior Liens on 1- to 4-Family Residential Properties and

Mutual Funds, and Leverage Capital Standards (Tier 1 Leverage Ratio);

Proposed Rules


 

[[Page 55682]]


 

-----------------------------------------------------------------------


 

DEPARTMENT OF THE TREASURY


 

Office of the Comptroller of the Currency


 

12 CFR Part 3


 

[Docket No. 97-18]

RIN 1557-AB14


 

FEDERAL RESERVE SYSTEM


 

12 CFR Parts 208 and 225


 

[Regulations H and Y; Docket No. R-0982]


 

FEDERAL DEPOSIT INSURANCE CORPORATION


 

12 CFR Part 325


 

RIN 3064-AC11


 

DEPARTMENT OF THE TREASURY


 

Office of Thrift Supervision


 

12 CFR Part 567


 

[Docket No. 97-109]

RIN 1550-AB11



 

Risk-Based Capital Standards; Unrealized Holding Gains on Certain

Equity Securities


 

AGENCIES: Office of the Comptroller of the Currency, Treasury; Board of

Governors of the Federal Reserve System; Federal Deposit Insurance

Corporation; and Office of Thrift Supervision, Treasury.


 

ACTION: Joint notice of proposed rulemaking.


 

-----------------------------------------------------------------------


 

SUMMARY: The Office of the Comptroller of the Currency (OCC), the Board

of Governors of the Federal Reserve System (Board), the Federal Deposit

Insurance Corporation (FDIC), and the Office of Thrift Supervision

(OTS) (collectively, the Agencies) are proposing to amend their

respective risk-based capital standards for banks, bank holding

companies and thrifts (institutions) with regard to the treatment of

unrealized holding gains on certain equity securities. These gains are

reported as a component of equity capital under U.S. generally accepted

accounting principles (GAAP), but currently are not included in

regulatory capital under the Agencies' capital standards. The proposal,

if adopted as a final rule, would establish uniform interagency rules

permitting institutions to include in supplementary (Tier 2) capital up

to 45 percent of unrealized gains on certain available-for-sale equity

securities. The Agencies' proposal is consistent with the prudential

standards of the Basle Accord.


 

DATES: Comments must be received on or before December 26, 1997.


 

ADDRESSES: Comments should be directed to:

OCC: Comments may be submitted to Docket No. 97-18, Communications

Division, Third Floor, Office of the Comptroller of the Currency, 250 E

Street, S.W., Washington, D.C., 20219. Comments will be available for

inspection and photocopying at that address. In addition, comments may

be sent by facsimile transmission to FAX number (202) 874-5274, or by

electronic mail to REGS.COMMENTS@OCC.TREAS.GOV.

Board: Comments directed to the Board should refer to Docket No.R-

0982 and may be mailed to William W. Wiles, Secretary, Board of

Governors of the Federal Reserve System, 20th Street and Constitution

Avenue, N.W., Washington D.C., 20551. Comments may also be delivered to

Room B-2222 of the Eccles Building between 8:45 a.m. and 5:15 p.m.

weekdays, or the guard station in the Eccles Building courtyard on 20th

Street, N.W. (between Constitution Avenue and C Street) at any time.

Comments may be inspected in Room MP-500 of the Martin Building between

9 a.m. and 5 p.m. weekdays, except as provided in 12 CFR 261.8 of the

Board's Rules Regarding Availability of Information.

FDIC: Send written comments to Robert E. Feldman, Executive

Secretary, Attention: Comments/OES, Federal Deposit Insurance

Corporation, 550 17th Street, N.W., Washington, D.C. 20429. Comments

may be hand-delivered to the guard station at the rear of the 17th

Street Building (located on F Street), on business days between 7:00

a.m. and 5:00 p.m. (FAX number (202)898-3838; Internet address:

comments@fdic.gov). Comments may be inspected and photocopied in the

FDIC Public Information Center, Room 100, 801 17th Street, N.W.,

Washington, D.C. 20429, between 9:00 a.m. and 4:30 p.m. on business

days.

OTS: Send comments to Manager, Dissemination Branch, Records

Management and Information Policy, Office of Thrift Supervision, 1700 G

Street, N.W., Washington, D.C. 20552, Attention Docket No. 97-109.

These submissions may be hand-delivered to 1700 G Street, N.W., from

9:00 a.m. to 5:00 p.m. on business days; they may be sent by facsimile

transmission to FAX number (202) 906-7755, or they may be sent by e-

mail: public.info@ots.treas.gov. Those commenting by e-mail should

include their name and telephone number. Comments will be available for

inspection at 1700 G Street, N.W., from 9:00 a.m. until 4:00 p.m. on

business days.


 

FOR FURTHER INFORMATION CONTACT:


 

OCC: Roger Tufts, Senior Economic Advisor (202/874-5070), Tom

Rollo, National Bank Examiner (202/874-5070), Capital Policy Division;

or Ronald Shimabukuro, Senior Attorney (202/874-5090), Legislative and

Regulatory Activities Division.

Board: Roger Cole, Associate Director (202/452-2618); Norah Barger,

Assistant Director (202/452-2402); or Barbara Bouchard, Senior

Supervisory Financial Analyst (202/452-3072), Division of Banking

Supervision and Regulation. For the hearing impaired only,

Telecommunication Device for the Deaf (TDD), Diane Jenkins (202/452-

3544).

FDIC: For supervisory issues, Stephen G. Pfeifer, Examination

Specialist, Accounting Section, Division of Supervision (202/898-8904);

for legal issues, Jamey Basham, Counsel, Legal Division (202/898-7265).

OTS: John F. Connolly, Senior Program Manager for Capital Policy

(202/906-6465); Michael D. Solomon, Senior Policy Advisor (202/906-

5654), Supervision Policy; Karen Osterloh, Assistant Chief Counsel

(202/906-6639), or Vern McKinley, Senior Attorney (202/906-6241),

Regulations and Legislation Division, Office of the Chief Counsel.


 

SUPPLEMENTARY INFORMATION: The Agencies' risk-based capital standards

implementing the International Convergence of Capital Measurement and

Capital Standards (the Basle Accord) 1 include definitions

for core (Tier 1) capital and supplementary (Tier 2)

capital.2 Under the Agencies' capital standards, Tier 1

capital generally includes common stockholders' equity, noncumulative

perpetual preferred stock, and minority interests in the equity

accounts of consolidated subsidiaries.3 The common

stockholders' equity component is defined to include common stock;

related surplus; and retained earnings


 

[[Page 55683]]


 

(including capital reserves and adjustments for the cumulative effect

of foreign currency translation); less net unrealized holding losses on

available-for-sale equity securities with readily determinable fair

values. Net unrealized holding gains on such equity securities and net

unrealized holding gains and losses on available-for-sale debt

securities are not included in the Agencies' regulatory capital

definition of common stockholders' equity.4

---------------------------------------------------------------------------


 

\1\ The Basle Accord is a risk-based framework developed by the

Basle Committee on Banking Regulations and Supervisory Practices and

endorsed by the central bank governors of the Group of Ten (G-10)

countries in July 1988. The Committee is comprised of the central

banks and supervisory authorities from the G-10 countries (Belgium,

Canada, France, Germany, Italy, Netherlands, Sweden, Switzerland,

the United Kingdom, and the United States) and Luxembourg.

\2\ Refer to each Agency's risk-based capital standards for more

detailed descriptions of core and supplementary capital.

\3\ Bank holding companies may also include in Tier 1 capital

limited amounts of cumulative perpetual preferred stock.

\4\ For regulatory capital purposes, institutions record net

unrealized gains or losses on available-for-sale securities (debt

and equity) in accordance with Statement of Financial Accounting

Standards No. 115, ``Accounting for Certain Investments in Debt and

Equity Securities'' (SFAS 115). Available-for-sale securities are

all debt securities not held for trading that an institution does

not have the positive intent and ability to hold until maturity and

equity securities with readily determinable fair values not held for

trading. Available-for-sale securities must be reported at fair

value with unrealized gains or losses (i.e., the amount by which

fair value exceeds or falls below amortized cost) reported, net of

tax, directly in a separate component of common stockholders'

equity.

---------------------------------------------------------------------------


 

Tier 2 capital includes, subject to certain limitations and

conditions, the allowance for loan and lease losses; cumulative

perpetual preferred stock and related surplus; and certain other

maturing or redeemable capital instruments. The Basle Accord also

permits in Tier 2 capital up to 45 percent of the gross (i.e., pre-tax)

unrealized gains on equity securities. The 55 percent discount is

applied to the unrealized gains to reflect potential volatility of this

form of unrealized capital, as well as tax liability charges that would

be incurred if the unrealized gain were realized or otherwise taxed

currently. When the Agencies implemented the Basle Accord by issuing

their respective risk-based capital standards in 1989, they decided not

to include such unrealized gains in Tier 2 capital.

The Agencies believe that it is appropriate to continue the

existing regulatory capital treatment of unrealized gains and losses on

available-for-sale debt securities and unrealized losses on available-

for-sale equity securities. However, for institutions that have net

unrealized holding gains on available-for-sale equity securities, the

Agencies are considering whether it would be more reasonable, as well

as more consistent with the Basle Accord, to include at least a portion

of the unrealized gains on such securities in regulatory capital.

Therefore, the Agencies have decided to issue, and request comment on,

a proposed revision to the Agencies' rules.

Specifically, the Agencies are proposing to permit institutions

that legally hold equity securities to include in Tier 2 capital up to

45 percent of the pretax net unrealized holding gains (that is, the

excess amount, if any, of the fair value over historical cost as

reported in the institution's most recent quarterly regulatory report)

5 on available-for-sale equity securities. The equity

securities must be valued in accordance with GAAP and have readily

determinable fair values 6 and institutions should be able

to substantiate those values. In the event that an Agency determines

that an institution's available-for-sale equity securities are not

prudently valued, the institution may be precluded from including all

or a portion of the eligible pretax net unrealized gains on those

securities in Tier 2 capital. The proposed 55 percent discount is not

required by GAAP, but is consistent with the Basle Accord.

---------------------------------------------------------------------------


 

\5\ The Consolidated Report of Condition and Income for banks

supervised by the OCC, the Board, or the FDIC; the Thrift Financial

Report for thrift institutions supervised by the OTS; and the Y-9C

Report for bank holding companies supervised by the Board.

\6\ The Agencies intend to rely on the guidance set forth in

SFAS 115 for purposes of determining whether equity securities have

fair values that are ``readily determinable.'' Under SFAS 115, the

fair value of an equity security is readily determinable if sales

prices or bid-and-ask quotations are currently available on a

securities exchange registered with the Securities and Exchange

Commission or in the over-the-counter market, provided that those

prices or quotations for the over-the-counter market are publicly

reported by the National Association of Securities Dealers Automated

Quotations system or by the National Quotations Bureau. Restricted

stock does not meet this definition. The fair value of an equity

security traded only in a foreign market is readily determinable if

that foreign market is of a breadth and scope comparable to one of

the U.S. markets referred to above. The fair value of an investment

in a mutual fund is readily determinable if the fair value per share

(unit) is determined and published and is the basis for current

transactions.

---------------------------------------------------------------------------


 

The Agencies clarify that net unrealized gains (losses) on other

types of assets, such as bank premises and available-for-sale debt

securities, are not included in supplementary capital, but may be taken

into account when assessing an institution's overall capital adequacy.

The Agencies request comment on all aspects of this proposal.


 

Regulatory Flexibility Act Analysis


 

Pursuant to section 605(b) of the Regulatory Flexibility Act, the

Agencies have determined that this proposed rule would not have a

significant economic impact on a substantial number of small entities

in accordance with the spirit and purposes of the Regulatory

Flexibility Act (5 U.S.C. 601 et seq.). Accordingly, a regulatory

flexibility analysis is not required. The proposed rule would permit

institutions to include up to 45 percent of the pretax net unrealized

holding gains on available-for-sale equity securities in Tier 2

capital. The effect of the proposed rule would be to increase

immediately the amount of Tier 2 capital held by institutions,

including small institutions, in proportion to the amount of their

qualifying pretax net unrealized holding gains on such securities.

Thereafter, the amount of Tier 2 capital will increase or decrease as

the value of the equity securities changes. The Agencies have concluded

that this proposal will not have a significant impact on the amount of

total capital held by institutions, regardless of size.


 

Paperwork Reduction Act


 

The Agencies have determined that the proposed rule does not

involve a collection of information pursuant to the provisions of the

Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).


 

OCC and OTS Executive Order 12866 Determination


 

The OCC and the OTS have determined that the proposed rule does not

constitute a ``significant regulatory action'' for the purposes of

Executive Order 12866.


 

OCC and OTS Unfunded Mandates Reform Act of 1995 Determinations


 

Section 202 of the Unfunded Mandates Reform Act of 1995, Pub. L.

104-4 (Unfunded Mandates Act) requires that an agency prepare a

budgetary impact statement before promulgating a rule that includes a

Federal mandate that may result in expenditure by State, local, and

tribal governments, in the aggregate, or by the private sector, of $100

million or more in any one year. If a budgetary impact statement is

required, section 205 of the Unfunded Mandates Act also requires an

agency to identify and consider a reasonable number of regulatory

alternatives before promulgating a rule. As discussed in the preamble,

this proposed rule would permit institutions to include up to 45

percent of holding gains on available-for-sale equity securities in

Tier 2 capital under the Agencies' risk-based capital rules. The

proposed rule would reduce regulatory burden by increasing the amount

of supplementary capital held by certain institutions. The OCC and OTS

have therefore determined that the effect of the proposed rule on the

thrift and banking institutions as a whole will not result in

expenditures by State, local, or tribal governments or by the private

sector of $100 million or more. Accordingly, the OCC and OTS have not


 

[[Page 55684]]


 

prepared a budgetary impact statement or specifically addressed the

regulatory alternatives considered.


 

List of Subjects


 

12 CFR Part 3


 

Administrative practice and procedure, Capital, National banks,

Reporting and recordkeeping requirements, Risk.


 

12 CFR Part 208


 

Accounting, Agriculture, Banks, banking, Confidential business

information, Crime, Currency, Federal Reserve System, Mortgages,

Reporting and recordkeeping requirements, Securities.


 

12 CFR Part 225


 

Administrative practice and procedure, Banks, banking, Federal

Reserve System, Holding Companies, Reporting and recordkeeping

requirements, Securities.


 

12 CFR Part 325


 

Bank deposit insurance, Banks, banking, Capital adequacy, Reporting

and recordkeeping requirements, Savings associations, State non-member

banks.


 

12 CFR Part 567


 

Capital, Reporting and recordkeeping requirements, Savings

associations.


 

Authority and Issuance


 

Office of the Comptroller of the Currency


 

12 CFR CHAPTER I


 

For the reasons set out in the joint preamble, appendix A to part 3

of chapter I of title 12 of the Code of Federal Regulations is proposed

to be amended as follows:


 

PART 3--MINIMUM CAPITAL RATIOS; ISSUANCE OF DIRECTIVES


 

1. The authority citation for part 3 continues to read as follows:


 

Authority: 12 U.S.C. 93a, 161, 1818, 1828(n), 1828 note, 1831n

note, 1835, 3907, and 3909.


 

2. In appendix A to part 3, section 2. is amended by adding a new

paragraph (b)(5) including footnote 5 to read as follows:


 

Appendix A to Part 3--Risk-Based Capital Guidelines


 

* * * * *

Section 2. Components of Capital.

* * * * *

(b) * * *

(5) Up to 45 percent of the pretax net unrealized holding gains

(the excess, if any, of the fair value over historical cost) on

available-for-sale equity securities with readily determinable fair

values.5 Unrealized gains (losses) on other types of assets,

such as bank premises or available-for-sale debt securities, are not

included in supplementary capital, but the OCC may take these

unrealized gains (losses) into account as additional factors when

assessing overall capital adequacy.

---------------------------------------------------------------------------


 

\5\ The OCC reserves the authority to exclude all or a portion

of unrealized gains from Tier 2 capital if the OCC determines that

the equity securities are not prudently valued.

---------------------------------------------------------------------------


 

* * * * *


 

Dated: October 6, 1997.

Eugene A. Ludwig,

Comptroller of the Currency.


 

Federal Reserve System


 

12 CFR CHAPTER II


 

For the reasons set forth in the joint preamble, parts 208 and 225

of chapter II of title 12 of the Code of Federal Regulations are

proposed to be amended as follows:


 

PART 208--MEMBERSHIP OF STATE BANKING INSTITUTIONS IN THE FEDERAL

RESERVE SYSTEM (REGULATION H)


 

1. The authority citation for part 208 is revised to read as

follows:


 

Authority: 12 U.S.C. 24, 36, 92(a), 93(a), 248(a), 248(c), 321-

338a, 371d, 461, 481-486, 601, 611, 1814, 1816, 1818, 1820(d)(9),

1823(j), 1828(o), 1831, 1831o, 1831p-1, 1831r-1, 1835(a), 1882,

2901-2907, 3105, 3310, 3331-3351, and 3906-3909; 15 U.S.C. 78b,

78l(b), 78l(g), 78l(i), 78o-4(c)(5), 78q, 78q-1, and 78w; 31 U.S.C.

5318; 42 U.S.C. 4012a, 4104a, 4104b, 4106, and 4128.


 

2. In appendix A to part 208, the introductory paragraphs in

section II.A.2. are revised and footnote 8 is removed and reserved to

read as follows:


 

Appendix A to Part 208--Capital Adequacy Guidelines for State Member

Banks: Risk-Based Measure


 

* * * * *

II. * * *

A. * * *

2. Supplementary capital elements (Tier 2 capital). The Tier 2

component of a bank's qualifying total capital may consist of the

following items that are defined as supplementary capital elements:

(i) Allowance for loan and lease losses (subject to limitations

discussed below).

(ii) Perpetual preferred stock and related surplus (subject to

conditions discussed below).

(iii) Hybrid capital instruments (as defined below) and mandatory

convertible debt securities.

(iv) Term subordinated debt and intermediate-term preferred stock,

including related surplus (subject to limitations discussed below).

(v) Unrealized gains on equity securities (subject to limitations

discussed in paragraph II.B.2.e. of this section).

The maximum amount of Tier 2 capital that may be included in a

bank's qualifying total capital is limited to 100 percent of Tier 1

capital (net of goodwill and other intangible assets required to be

deducted in accordance with section II.B.1.b. of this appendix).

The elements of supplementary capital are discussed in greater

detail below.

* * * * *

3. In appendix A to part 208, section II.A.2., paragraphs (d) and

(e) are revised to read as follows:

* * * * *

II. * * *

A. * * *

2. * * *

(d) Subordinated debt and intermediate term preferred stock. i.

The aggregate amount of term subordinated debt (excluding mandatory

convertible debt) and intermediate-term preferred stock that may be

treated as supplementary capital is limited to 50 percent of Tier 1

capital (net of goodwill and other intangible assets required to be

deducted in accordance with section II.B.1.b. of this appendix).

Amounts in excess of these limits may be issued and, while not

included in the ratio calculation, will be taken into account in the

overall assessment of an organization's funding and financial

condition.

ii. Subordinated debt and intermediate-term preferred stock must

have an original weighted average maturity of at least five years to

qualify as supplemental capital. (If the holder has the option to

require the issuer to redeem, repay, or repurchase the instrument

prior to the stated maturity, maturity would be defined, for risk-

based capital purposes, as the earliest possible date on which the

holder can put the instrument back to the issuing bank.)

12

---------------------------------------------------------------------------


 

\12\ As a limited-life capital instrument approaches maturity it

begins to take on characteristics of a short-term obligation. For

this reason, the outstanding amount of term subordinated debt and

limited life preferred stock eligible for inclusion in Tier 2 is

reduced, or discounted, as these instruments approach maturity: one-

fifth of the original amount (less redemptions) is excluded each

year during the instrument's last five years before maturity. When

the remaining maturity is less than one year, the instrument is

excluded from Tier 2 capital.

---------------------------------------------------------------------------


 

iii. In the case of subordinated debt, the instrument must be

unsecured and must clearly state on its face that it is not a

deposit and is not insured by a Federal agency. To qualify as

capital in banks, debt must be subordinated to general creditors and

claims of depositors. Consistent with current regulatory

requirements, if a state member bank wishes to redeem subordinated

debt


 

[[Page 55685]]


 

before the stated maturity, it must receive prior approval of the

Federal Reserve.

(e) Unrealized gains on equity securities and unrealized gains

(losses) on other assets. i. Up to 45 percent of pretax net

unrealized holding gains (that is, the excess, if any, of the fair

value over amortized cost) on available-for-sale equity securities

with readily determinable fair values may be included in

supplementary capital. However, the Federal Reserve may exclude all

or a portion of these unrealized gains from Tier 2 capital if the

Federal Reserve determines that the equity securities are not

prudently valued. Unrealized gains (losses) on other types of

assets, such as bank premises and available-for-sale debt

securities, are not included in supplementary capital, but the

Federal Reserve may take these unrealized gains (losses) into

account as additional factors when assessing a bank's overall

capital adequacy.

* * * * *


 

PART 225--BANK HOLDING COMPANIES AND CHANGE IN BANK CONTROL

(REGULATION Y)


 

1. The authority citation for part 225 is revised to read as

follows:


 

Authority: 12 U.S.C. 1817(j)(13), 1818, 1828(o), 1831i, 1831p-1,

1843(c)(8), 1844(b), 1972(1), 3106, 3108, 3310, 3331-3351, 3907, and

3909.


 

2. In appendix A to part 225, the introductory paragraphs of

section II.A.2. are revised and footnote 8 is removed and reserved to

read as follows:


 

Appendix A to Part 225--Capital Adequacy Guidelines for Bank Holding

Companies: Risk-Based Measure


 

* * * * *

II. * * *

A. * * *

2. Supplementary capital elements (Tier 2 capital). The Tier 2

component of an institution's qualifying total capital may consist

of the following items that are defined as supplementary capital

elements:

(i) Allowance for loan and lease losses (subject to limitations

discussed below).

(ii) Perpetual preferred stock and related surplus (subject to

conditions discussed below).

(iii) Hybrid capital instruments (as defined below), perpetual

debt and mandatory convertible debt securities.

(iv) Term subordinated debt and intermediate-term preferred

stock, including related surplus (subject to limitations discussed

below).

(v) Unrealized gains on equity securities (subject to

limitations discussed in paragraph II.B.2.(e) of this section).

The maximum amount of Tier 2 capital that may be included in an

organization's qualifying total capital is limited to 100 percent of

Tier 1 capital (net of goodwill and other intangible assets required

to be deducted in accordance with section II.B.1.b. of this

appendix).

The elements of supplementary capital are discussed in greater

detail below.

* * * * *

3. In appendix A to part 225, section II.A.2., paragraphs (d) and

(e) are revised to read as follows:

* * * * *

II. * * *

A. * * *

2. * * *

(d) Subordinated debt and intermediate term preferred stock. i. The

aggregate amount of term subordinated debt (excluding mandatory

convertible stock) and intermediate-term preferred stock that may be

treated as supplementary capital is limited to 50 percent of Tier 1

capital (net of goodwill and other intangible assets required to be

deducted in accordance with section II.B.1.b. of this appendix).

Amounts in excess of these limits may be issued and, while not included

in the ratio calculation, will be taken into account in the overall

assessment of an organization's funding and financial condition.

ii. Subordinated debt and intermediate-term preferred stock must

have an original weighted average maturity of at least five years to

qualify as supplementary capital.12 (If the holder has

the option to require the issuer to redeem, repay, or repurchase the

instrument prior to the stated maturity, maturity would be defined,

for risk-based capital purposes, as the earliest possible date on

which the holder can put the instrument back to the issuing banking

organization.) 13

---------------------------------------------------------------------------


 

\12\ Unsecured term debt issued by bank holding companies prior

to March 12, 1988, and qualifying as secondary capital at the time

of issuance continues to qualify as an element of supplementary

capital under the risk-based framework, subject to the 50 percent of

Tier 1 capital limitation. Bank holding company term debt issued on

or after March 12, 1988, must be subordinated in order to qualify as

capital.

\13\ As a limited-life capital instrument approaches maturity it

begins to take on characteristics of a short-term obligation. For

this reason, the outstanding amount of term subordinated debt and

limited life preferred stock eligible for inclusion in Tier 2 is

reduced, or discounted, as these instruments approach maturity: one-

fifth of the original amount (less redemptions) is excluded each

year during the instrument's last five years before maturity. When

the remaining maturity is less than one year, the instrument is

excluded from Tier 2 capital.

---------------------------------------------------------------------------


 

iii. In the case of subordinated debt, the instrument must be

unsecured and must clearly state on its face that it is not a

deposit and is not insured by a Federal agency. Bank holding company

debt must be subordinated in the right of payment to all senior

indebtedness of the company.

(e) Unrealized gains on equity securities and unrealized gains

(losses) on other assets. i. Up to 45 percent of net unrealized holding

gains (that is, the excess, if any, of the fair value over amortized

cost) on available-for-sale equity securities with readily determinable

fair values may be included in supplementary capital. However, the

Federal Reserve may exclude all or a portion of these unrealized gains

from Tier 2 capital if the Federal Reserve determines that the equity

securities are not prudently valued. Unrealized gains (losses) on other

types of assets, such as bank premises and available-for-sale debt

securities, are not included in supplementary capital, but the Federal

Reserve may take these unrealized gains (losses) into account as

additional factors when assessing an institution's capital adequacy.

* * * * *

By order of the Board of Governors of the Federal Reserve

System, October 21, 1997.

William W. Wiles,

Secretary of the Board.


 

Federal Deposit Insurance Corporation


 

12 CFR CHAPTER III


 

For the reasons set forth in the joint preamble, part 325 of

chapter III of title 12 of the Code of Federal Regulations is proposed

to be amended as follows:


 

PART 325--CAPITAL MAINTENANCE


 

1. The authority citation for part 325 continues to read as

follows:


 

Authority: 12 U.S.C. 1815(a), 1815(b), 1816, 1818(a), 1818(b),

1818(c), 1818(t), 1819(Tenth), 1828(c), 1828(d), 1828(i), 1828(n),

1828(o), 1831o, 1835, 3907, 3909, 4808; Pub. L. 102-233, 105 Stat.

1761, 1789, 1790 (12 U.S.C. 1831n note); Pub. L. 102-242, 105 Stat.

2236, 2355, 2386 (12 U.S.C. 1828 note).


 

2. In appendix A to part 325, the introductory paragraphs of

section I.A.2. are revised to read as follows:


 

Appendix A to Part 325--Statement of Policy on Risk-Based Capital


 

* * * * *

I. * * *

A. * * *

2. Supplementary capital elements (Tier 2) consist of:


 

--Allowance for loan and lease losses, up to a maximum of 1.25

percent of risk-weighted assets;

--Cumulative perpetual preferred stock, long-term preferred stock

(original maturity of at least 20 years) and any related surplus;

--Perpetual preferred stock (and any related surplus) where the

dividend is reset periodically based, in whole or part, on the

bank's current credit standing, regardless of whether the dividends

are cumulative or noncumulative;

--Hybrid capital instruments, including mandatory convertible debt

securities;

--Term subordinated debt and intermediate-term preferred stock

(original average maturity of five years or more) and any related

surplus; and


 

[[Page 55686]]


 

--Net unrealized gains on equity securities (subject to limitations

discussed in paragraph I.A.2.(f) of this section).


 

The maximum amount of Tier 2 capital that may be recognized for

risk-based capital purposes is limited to 100 percent of Tier 1

capital (after any deductions for disallowed intangibles). In

addition, the combined amount of term subordinated debt and

intermediate-term preferred stock that may be treated as part of

Tier 2 capital for risk-based capital purposes is limited to 50

percent of Tier 1 capital. Amounts in excess of these limits may be

issued but are not included in the calculation of the risk-based

capital ratio.

* * * * *

3. In appendix A to part 325, the last undesignated paragraph of

section I.A.2., entitled ``Discount of limited-life supplementary

capital instruments'' is designated as paragraph (e).

4. In appendix A to part 325, a new paragraph (f) is added to

section I.A.2. to read as follows:

* * * * *

II. * * *

A. * * *

2. * * *

(f) Unrealized gains on equity securities and unrealized gains

(losses) on other assets. Up to 45 percent of pretax net unrealized

gains (that is, the excess, if any, of the fair value over amortized

cost) on available-for-sale equity securities with readily

determinable fair values may be included in supplementary capital.

However, the FDIC may, on a case-by-case basis, exercise its

discretion to exclude all or a portion of these unrealized gains

from Tier 2 capital if the FDIC determines that the equity

securities are not prudently valued. Unrealized gains (losses) on

other types of assets, such as bank premises and available-for-sale

debt securities, are not included in supplementary capital, but the

FDIC may take these unrealized gains (losses) into account as

additional factors when assessing a bank's overall capital adequacy.

* * * * *

By order of the Board of Directors.


 

Dated at Washington, DC, this 16th day of September 1997.


 

Federal Deposit Insurance Corporation.

Robert E. Feldman,

Executive Secretary.


 

Office of Thrift Supervision


 

12 CFR CHAPTER V


 

For the reasons set forth in the joint preamble, part 567 of

chapter V of title 12 of the Code of Federal Regulations is proposed to

be amended as set forth below:


 

PART 567--CAPITAL


 

1. The authority citation for part 567 continues to read as

follows:


 

Authority: 12 U.S.C. 1462, 1462a, 1463, 1464, 1467a, 1828

(note).


 

2. Section 567.5 is amended by adding a new paragraph (b)(5) to

read as follows:


 

Sec. 567.5 Components of capital.


 

* * * * *

(b) * * *

(5) Unrealized gains on equity securities. Up to 45 percent of net,

unrealized gains before income taxes, calculated as the amount, if any,

by which fair value exceeds amortized cost on available-for-sale equity

securities with readily determinable fair values, may be included in

supplementary capital. The OTS may disallow such inclusion in the

calculation of supplementary capital if the Office determines that the

equity securities are not prudently valued.

* * * * *

Dated: September 30, 1997.


 

By the Office of Thrift Supervision.

Nicolas P. Retsinas,

Director.

[FR Doc. 97-28269 Filed 10-24-97; 8:45 am]

BILLING CODE 4810-33-P, 6210-01-P, 6714-01-P, 6720-01-P

Last Updated: March 24, 2024